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pdfPUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 405
Public Law 112–141
112th Congress
An Act
To authorize funds for Federal-aid highways, highway safety programs, and transit
programs, and for other purposes.
July 6, 2012
[H.R. 4348]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; ORGANIZATION OF ACT INTO DIVISIONS;
TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Moving Ahead
for Progress in the 21st Century Act’’ or the ‘‘MAP–21’’.
(b) DIVISIONS.—This Act is organized into 8 divisions as follows:
(1) Division A–Federal-aid Highways and Highway Safety
Construction Programs.
(2) Division B–Public Transportation.
(3) Division C–Transportation Safety and Surface Transportation Policy.
(4) Division D–Finance.
(5) Division E–Research and Education.
(6) Division F–Miscellaneous.
(7) Division G–Surface Transportation Extension.
(8) Division H–Budgetary Effects.
(c) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Moving Ahead for
Progress in the
21st Century Act.
State and local
governments.
23 USC 101 note.
Sec. 1. Short title; organization of Act into divisions; table of contents.
Sec. 2. Definitions.
Sec. 3. Effective date.
DIVISION A—FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY
CONSTRUCTION PROGRAMS
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TITLE I—FEDERAL-AID HIGHWAYS
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Subtitle A—Authorizations and Programs
Authorization of appropriations.
Obligation ceiling.
Definitions.
National Highway System.
Apportionment.
National highway performance program.
Emergency relief.
Surface transportation program.
Workforce development.
Highway use tax evasion projects.
National bridge and tunnel inventory and inspection standards.
Highway safety improvement program.
Congestion mitigation and air quality improvement program.
Territorial and Puerto Rico highway program.
National freight policy.
Prioritization of projects to improve freight movement.
State freight advisory committees.
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126 STAT. 406
PUBLIC LAW 112–141—JULY 6, 2012
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1118.
1119.
1120.
1121.
1122.
1123.
State freight plans.
Federal lands and tribal transportation programs.
Projects of national and regional significance.
Construction of ferry boats and ferry terminal facilities.
Transportation alternatives.
Tribal high priority projects program.
Subtitle B—Performance Management
Sec. 1201. Metropolitan transportation planning.
Sec. 1202. Statewide and nonmetropolitan transportation planning.
Sec. 1203. National goals and performance management measures.
Subtitle C—Acceleration of Project Delivery
Declaration of policy and project delivery initiative.
Advance acquisition of real property interests.
Letting of contracts.
Innovative project delivery methods.
Efficient environmental reviews for project decisionmaking.
Accelerated decisionmaking.
Assistance to affected Federal and State agencies.
Limitations on claims.
Accelerating completion of complex projects within 4 years.
Integration of planning and environmental review.
Development of programmatic mitigation plans.
State assumption of responsibility for categorical exclusions.
Surface transportation project delivery program.
Application of categorical exclusions for multimodal projects.
Categorical exclusions in emergencies.
Categorical exclusions for projects within the right-of-way.
Categorical exclusion for projects of limited Federal assistance.
Programmatic agreements and additional categorical exclusions.
Accelerated decisionmaking in environmental reviews.
Memoranda of agency agreements for early coordination.
Environmental procedures initiative.
Review of State environmental reviews and approvals for the purpose of
eliminating duplication of environmental reviews.
Sec. 1323. Review of Federal project and program delivery.
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1301.
1302.
1303.
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1305.
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1307.
1308.
1309.
1310.
1311.
1312.
1313.
1314.
1315.
1316.
1317.
1318.
1319.
1320.
1321.
1322.
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Subtitle D—Highway Safety
Sec. 1401. Jason’s law.
Sec. 1402. Open container requirements.
Sec. 1403. Minimum penalties for repeat offenders for driving while intoxicated or
driving under the influence.
Sec. 1404. Adjustments to penalty provisions.
Sec. 1405. Highway worker safety.
Sec.
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1501.
1502.
1503.
1504.
1505.
1506.
1507.
1508.
1509.
1510.
1511.
1512.
1513.
1514.
1515.
1516.
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1517.
1518.
1519.
1520.
1521.
Sec. 1522.
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Subtitle E—Miscellaneous
Real-time ridesharing.
Program efficiencies.
Project approval and oversight.
Standards.
Justification reports for access points on the Interstate System.
Construction.
Maintenance.
Federal share payable.
Transferability of Federal-aid highway funds.
Idle reduction technology.
Special permits during periods of national emergency.
Tolling.
Miscellaneous parking amendments.
HOV facilities.
Funding flexibility for transportation emergencies.
Defense access road program enhancements to address transportation
infrastructure in the vicinity of military installations.
Mapping.
Buy America provisions.
Consolidation of programs; repeal of obsolete provisions.
Denali Commission.
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 amendments.
Extension of public transit vehicle exemption from axle weight restrictions.
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PUBLIC LAW 112–141—JULY 6, 2012
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1523.
1524.
1525.
1526.
1527.
1528.
1529.
1530.
1531.
1532.
1533.
1534.
1535.
1536.
1537.
1538.
1539.
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1601.
1602.
1603.
1604.
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1605.
1606.
1607.
1608.
126 STAT. 407
Use of debris from demolished bridges and overpasses.
Use of youth service and conservation corps.
State autonomy for culvert pipe selection.
Evacuation routes.
Consolidation of grants.
Appalachian development highway system.
Engineering judgment.
Transportation training and employment programs.
Notice of certain grant awards.
Budget justification.
Prohibition on use of funds for automated traffic enforcement.
Public-private partnerships.
Report on Highway Trust Fund expenditures.
Sense of Congress on harbor maintenance.
Estimate of harbor maintenance needs.
Asian carp.
Rest areas.
Subtitle F—Gulf Coast Restoration
Short title.
Gulf Coast Restoration Trust Fund.
Gulf Coast natural resources restoration and economic recovery.
Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and
Technology program.
Centers of excellence research grants.
Effect.
Restoration and protection activity limitations.
Inspector General.
TITLE II—AMERICA FAST FORWARD FINANCING INNOVATION
Sec. 2001. Short title.
Sec. 2002. Transportation Infrastructure Finance and Innovation Act of 1998
amendments.
Sec.
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20002.
20003.
20004.
20005.
20006.
20007.
20008.
20009.
20010.
20011.
20012.
20013.
20014.
20015.
20016.
20017.
20018.
20019.
20020.
20021.
20022.
20023.
20024.
20025.
20026.
20027.
20028.
20029.
20030.
DIVISION B—PUBLIC TRANSPORTATION
Short title.
Repeals.
Policies and purposes.
Definitions.
Metropolitan transportation planning.
Statewide and nonmetropolitan transportation planning.
Urbanized area formula grants.
Fixed guideway capital investment grants.
Mobility of seniors and individuals with disabilities.
Formula grants for rural areas.
Research, development, demonstration, and deployment projects.
Technical assistance and standards development.
Private sector participation.
Bus testing facilities.
Human resources and training.
General provisions.
Public Transportation Emergency Relief Program.
Contract requirements.
Transit asset management.
Project management oversight.
Public transportation safety.
Alcohol and controlled substances testing.
Nondiscrimination.
Administrative provisions.
National transit database.
Apportionment of appropriations for formula grants.
State of good repair grants.
Authorizations.
Bus and bus facilities formula grants.
Technical and conforming amendments.
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DIVISION C—TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION
POLICY
TITLE I—MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF
2012
Sec. 31001. Short title.
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126 STAT. 408
PUBLIC LAW 112–141—JULY 6, 2012
Sec. 31002. Definition.
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31101.
31102.
31103.
31104.
31105.
31106.
31107.
31108.
31109.
Subtitle A—Highway Safety
Authorization of appropriations.
Highway safety programs.
Highway safety research and development.
National driver register.
National priority safety programs.
High visibility enforcement program.
Agency accountability.
Emergency medical services.
Repeal of programs.
Subtitle B—Enhanced Safety Authorities
Definition of motor vehicle equipment.
Permit reminder system for non-use of safety belts.
Civil penalties.
Motor vehicle safety research and development.
Odometer requirements.
Increased penalties and damages for odometer fraud.
Extend prohibitions on importing noncompliant vehicles and equipment
to defective vehicles and equipment.
Sec. 31208. Conditions on importation of vehicles and equipment.
Sec. 31209. Port inspections; samples for examination or testing.
Sec.
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31201.
31202.
31203.
31204.
31205.
31206.
31207.
Subtitle C—Transparency and Accountability
Sec. 31301. Public availability of recall information.
Sec. 31302. National Highway Traffic Safety Administration outreach to manufacturer, dealer, and mechanic personnel.
Sec. 31303. Public availability of communications to dealers.
Sec. 31304. Corporate responsibility for National Highway Traffic Safety Administration reports.
Sec. 31305. Passenger motor vehicle information program.
Sec. 31306. Promotion of vehicle defect reporting.
Sec. 31307. Whistleblower protections for motor vehicle manufacturers, part suppliers, and dealership employees.
Sec. 31308. Anti-revolving door.
Sec. 31309. Study of crash data collection.
Sec. 31310. Update means of providing notification; improving efficacy of recalls.
Sec. 31311. Expanding choices of remedy available to manufacturers of replacement
equipment.
Sec. 31312. Recall obligations and bankruptcy of manufacturer.
Sec. 31313. Repeal of insurance reports and information provision.
Sec. 31314. Monroney sticker to permit additional safety rating categories.
Subtitle D—Vehicle Electronics and Safety Standards
Sec. 31401. National Highway Traffic Safety Administration electronics, software,
and engineering expertise.
Sec. 31402. Electronic systems performance.
Sec.
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31501.
31502.
31503.
31504.
31505.
Subtitle E—Child Safety Standards
Child safety seats.
Child restraint anchorage systems.
Rear seat belt reminders.
Unattended passenger reminders.
New deadline.
Subtitle F—Improved Daytime and Nighttime Visibility of Agricultural Equipment
Sec. 31601. Rulemaking on visibility of agricultural equipment.
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TITLE II—COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF
2012
Sec. 32001. Short title.
Sec. 32002. References to title 49, United States Code.
Subtitle A—Commercial Motor Vehicle Registration
Sec. 32101. Registration of motor carriers.
Sec. 32102. Safety fitness of new operators.
Sec. 32103. Reincarnated carriers.
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32104.
32105.
32106.
32107.
32108.
32109.
32110.
Financial responsibility requirements.
USDOT number registration requirement.
Registration fee system.
Registration update.
Increased penalties for operating without registration.
Revocation of registration for imminent hazard.
Revocation of registration and other penalties for failure to respond to
subpoena.
Sec. 32111. Fleetwide out of service order for operating without required registration.
Sec. 32112. Motor carrier and officer patterns of safety violations.
Subtitle B—Commercial Motor Vehicle Safety
Crashworthiness standards.
Canadian safety rating reciprocity.
State reporting of foreign commercial driver convictions.
Authority to disqualify foreign commercial drivers.
Revocation of foreign motor carrier operating authority for failure to
pay civil penalties.
Sec. 32206. Rental truck accident study.
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32201.
32202.
32203.
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32205.
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32305.
32306.
32307.
32308.
Subtitle C—Driver Safety
Hours of service study and electronic logging devices.
Driver medical qualifications.
Commercial driver’s license notification system.
Commercial motor vehicle operator training.
Commercial driver’s license program.
Commercial motor vehicle driver information systems.
Employer responsibilities.
Program to assist Veterans to acquire commercial driver’s licenses.
Subtitle D—Safe Roads Act of 2012
Sec. 32401. Short title.
Sec. 32402. National clearinghouse for controlled substance and alcohol test results
of commercial motor vehicle operators.
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Subtitle E—Enforcement
Inspection demand and display of credentials.
Out of service penalty for denial of access to records.
Penalties for violation of operation out of service orders.
Impoundment and immobilization of commercial motor vehicles for imminent hazard.
32505. Increased penalties for evasion of regulations.
32506. Violations relating to commercial motor vehicle safety regulation and
operators.
32507. Emergency disqualification for imminent hazard.
32508. Disclosure to State and local law enforcement agencies.
32509. Grade crossing safety regulations.
32501.
32502.
32503.
32504.
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Subtitle F—Compliance, Safety, Accountability
Sec. 32601. Motor carrier safety assistance program.
Sec. 32602. Performance and registration information systems management program.
Sec. 32603. Authorization of appropriations.
Sec. 32604. Grants for commercial driver’s license program implementation.
Sec. 32605. Commercial vehicle information systems and networks.
Subtitle G—Motorcoach Enhanced Safety Act of 2012
Sec. 32701. Short title.
Sec. 32702. Definitions.
Sec. 32703. Regulations for improved occupant protection, passenger evacuation,
and crash avoidance.
Sec. 32704. Fire prevention and mitigation.
Sec. 32705. Occupant protection, collision avoidance, fire causation, and fire extinguisher research and testing.
Sec. 32706. Concurrence of research and rulemaking.
Sec. 32707. Improved oversight of motorcoach service providers.
Sec. 32708. Report on feasibility, benefits, and costs of establishing a system of certification of training programs.
Sec. 32709. Commercial driver’s license passenger endorsement requirements.
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PUBLIC LAW 112–141—JULY 6, 2012
Sec. 32710. Safety inspection program for commercial motor vehicles of passengers.
Sec. 32711. Regulations.
Subtitle H—Safe Highways and Infrastructure Preservation
Sec. 32801. Comprehensive truck size and weight limits study.
Sec. 32802. Compilation of existing State truck size and weight limit laws.
Subtitle I—Miscellaneous
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32911.
32912.
32913.
32914.
32915.
32916.
32917.
32918.
32919.
PART I—MISCELLANEOUS
Prohibition of coercion.
Motor carrier safety advisory committee.
Waivers, exemptions, and pilot programs.
Registration requirements.
Additional motor carrier registration requirements.
Registration of freight forwarders and brokers.
Effective periods of registration.
Financial security of brokers and freight forwarders.
Unlawful brokerage activities.
PART II—HOUSEHOLD GOODS TRANSPORTATION
Sec. 32921. Additional registration requirements for household goods motor carriers.
Sec. 32922. Failure to give up possession of household goods.
Sec. 32923. Settlement authority.
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32931.
32932.
32933.
32934.
PART III—TECHNICAL AMENDMENTS
Update of obsolete text.
Correction of interstate commerce commission references.
Technical and conforming amendments.
Exemptions from requirements for covered farm vehicles.
TITLE III—HAZARDOUS MATERIALS TRANSPORTATION SAFETY
IMPROVEMENT ACT OF 2012
33001. Short title.
33002. Definition.
33003. References to title 49, United States Code.
33004. Training for emergency responders.
33005. Paperless Hazard Communications Pilot Program.
33006. Improving data collection, analysis, and reporting.
33007. Hazardous material technical assessment, research and development,
and analysis program.
33008. Hazardous Material Enforcement Training.
33009. Inspections.
33010. Civil penalties.
33011. Reporting of fees.
33012. Special permits, approvals, and exclusions.
33013. Highway routing disclosures.
33014. Motor carrier safety permits.
33015. Wetlines.
33016. Hazmat employee training requirements and grants.
33017. Authorization of appropriations.
TITLE IV—SPORT FISH RESTORATION AND RECREATIONAL BOATING
SAFETY ACT OF 2012
Sec. 34001. Short title.
Sec. 34002. Amendment of Federal Aid in Sport Fish Restoration Act.
TITLE V—MISCELLANEOUS
Sec. 35001. Overflights in Grand Canyon National Park.
Sec. 35002. Commercial air tour operations.
Sec. 35003. Qualifications for public aircraft status.
DIVISION D—FINANCE
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Sec. 40001. Short title.
TITLE I—EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE
AUTHORITY AND RELATED TAXES
Sec. 40101. Extension of trust fund expenditure authority.
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Sec. 40102. Extension of highway-related taxes.
TITLE II—REVENUE PROVISIONS
Subtitle A—Leaking Underground Storage Tank Trust Fund
Sec. 40201. Transfer from Leaking Underground Storage Tank Trust Fund to Highway Trust Fund.
Subtitle B—Pension Provisions
PART I—PENSION FUNDING STABILIZATION
Sec. 40211. Pension funding stabilization.
PART II—PBGC PREMIUMS
Sec. 40221. Single employer plan annual premium rates.
Sec. 40222. Multiemployer annual premium rates.
PART III—IMPROVEMENTS OF PBGC
Sec. 40231. Pension Benefit Guaranty Corporation Governance Improvement.
Sec. 40232. Participant and plan sponsor advocate.
Sec. 40233. Quality control procedures for the Pension Benefit Guaranty Corporation.
Sec. 40234. Line of credit repeal.
PART IV—TRANSFERS OF EXCESS PENSION ASSETS
Sec. 40241. Extension for transfers of excess pension assets to retiree health accounts.
Sec. 40242. Transfer of excess pension assets to retiree group term life insurance
accounts.
Subtitle C—Additional Transfers to Highway Trust Fund
Sec. 40251. Additional transfers to Highway Trust Fund.
DIVISION E—RESEARCH AND EDUCATION
Sec. 50001. Short title.
TITLE I—FUNDING
Sec. 51001. Authorization of appropriations.
Sec.
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TITLE II—RESEARCH, TECHNOLOGY, AND EDUCATION
52001. Research, technology, and education.
52002. Surface transportation research, development, and technology.
52003. Research and technology development and deployment.
52004. Training and education.
52005. State planning and research.
52006. International highway transportation program.
52007. Surface transportation environmental cooperative research program.
52008. National cooperative freight research.
52009. University transportation centers program.
52010. University transportation research.
52011. Bureau of Transportation Statistics.
52012. Administrative authority.
52013. Transportation research and development strategic planning.
TITLE III—INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH
53001. Use of funds for ITS activities.
53002. Goals and purposes.
53003. General authorities and requirements.
53004. Research and development.
53005. National architecture and standards.
53006. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment.
DIVISION F—MISCELLANEOUS
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TITLE I—REAUTHORIZATION OF CERTAIN PROGRAMS
Subtitle A—Secure Rural Schools and Community Self-determination Program
Sec. 100101. Secure Rural Schools and Community Self-Determination Program.
Subtitle B—Payment in Lieu of Taxes Program
Sec. 100111. Payments in lieu of taxes.
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100121.
100122.
100123.
100124.
100125.
Subtitle C—Offsets
Phased retirement authority.
Roll-your-own cigarette machines.
Change in FMAP increase for disaster recovery states.
Repeals.
Limitation on payments from the Abandoned Mine Reclamation Fund.
TITLE II—FLOOD INSURANCE
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Subtitle A—Flood Insurance Reform and Modernization
100201. Short title.
100202. Definitions.
100203. Extension of National Flood Insurance Program.
100204. Availability of insurance for multifamily properties.
100205. Reform of premium rate structure.
100207. Premium adjustment.
100208. Enforcement.
100209. Escrow of flood insurance payments.
100210. Minimum deductibles for claims under the National Flood Insurance
Program.
100211. Considerations in determining chargeable premium rates.
100212. Reserve fund.
100213. Repayment plan for borrowing authority.
100214. Payment of condominium claims.
100215. Technical mapping advisory council.
100216. National flood mapping program.
100217. Scope of appeals.
100218. Scientific Resolution Panel.
100219. Removal of limitation on State contributions for updating flood maps.
100220. Coordination.
100221. Interagency coordination study.
100222. Notice of flood insurance availability under RESPA.
100223. Participation in State disaster claims mediation programs.
100224. Oversight and expense reimbursements of insurance companies.
100225. Mitigation.
100226. Flood Protection Structure Accreditation Task Force.
100227. Flood in progress determinations.
100228. Clarification of residential and commercial coverage limits.
100229. Local data requirement.
100230. Eligibility for flood insurance for persons residing in communities that
have made adequate progress on the reconstruction or improvement of
a flood protection system.
100231. Studies and reports.
100232. Reinsurance.
100233. GAO study on business interruption and additional living expenses
coverages.
100234. Policy disclosures.
100235. Report on inclusion of building codes in floodplain management criteria.
100236. Study of participation and affordability for certain policyholders.
100237. Study and report concerning the participation of Indian tribes and
members of Indian tribes in the National Flood Insurance Program.
100238. Technical corrections.
100239. Use of private insurance to satisfy mandatory purchase requirement.
100240. Levees constructed on certain properties.
100241. Insurance coverage for private properties affected by flooding from
Federal lands.
100242. Permissible land use under Federal flood insurance plan.
100243. CDBG eligibility for flood insurance outreach activities and community building code administration grants.
100244. Termination of force-placed insurance.
100245. FEMA authority on transfer of policies.
100246. Reimbursement of certain expenses.
100247. FIO study on risks, hazards, and insurance.
100248. Flood protection improvements constructed on certain properties.
100249. No cause of action.
Subtitle B—Alternative Loss Allocation
Sec. 100251. Short title.
Sec. 100252. Assessing and modeling named storms over coastal States.
Sec. 100253. Alternative loss allocation system for indeterminate claims.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 413
Subtitle C—HEARTH Act Amendment
Sec. 100261. HEARTH Act technical corrections.
TITLE III—STUDENT LOAN INTEREST RATE EXTENSION
Sec. 100301. Federal Direct Stafford Loan interest rate extension.
Sec. 100302. Eligibility for, and interest charges on, Federal Direct Stafford Loans
for new borrowers on or after July 1, 2013.
DIVISION G—SURFACE TRANSPORTATION EXTENSION
Sec. 110001. Short title.
TITLE I—FEDERAL-AID HIGHWAYS
Sec. 111001. Extension of Federal-aid highway programs.
TITLE II—EXTENSION OF HIGHWAY SAFETY PROGRAMS
Sec. 112001. Extension of National Highway Traffic Safety Administration highway
safety programs.
Sec. 112002. Extension of Federal Motor Carrier Safety Administration programs.
Sec. 112003. Additional programs.
TITLE III—PUBLIC TRANSPORTATION PROGRAMS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
113001.
113002.
113003.
113004.
113005.
113006.
113007.
Allocation of funds for planning programs.
Special rule for urbanized area formula grants.
Allocating amounts for capital investment grants.
Apportionment of formula grants for other than urbanized areas.
Apportionment based on fixed guideway factors.
Authorizations for public transportation.
Amendments to SAFETEA–LU.
TITLE IV—EFFECTIVE DATE
Sec. 114001. Effective date.
DIVISION H—BUDGETARY EFFECTS
Sec. 120001. Budgetary effects.
SEC. 2. DEFINITIONS.
23 USC 101 note.
In this Act, the following definitions apply:
(1) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Transportation.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.
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SEC. 3. EFFECTIVE DATE.
(a) IN GENERAL.—Except as otherwise provided, divisions A,
B, C (other than sections 32603(d), 32603(g), 32912, and 34002
of that division) and E, including the amendments made by those
divisions, take effect on October 1, 2012.
(b) REFERENCES.—Except as otherwise provided, any reference
to the date of enactment of the MAP–21 or to the date of enactment
of the Federal Public Transportation Act of 2012 in the divisions
described in subsection (a) or in an amendment made by those
divisions shall be deemed to be a reference to the effective date
of those divisions.
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23 USC 101 note.
23 USC 101 note.
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PUBLIC LAW 112–141—JULY 6, 2012
DIVISION A—FEDERAL-AID HIGHWAYS
AND HIGHWAY SAFETY CONSTRUCTION PROGRAMS
TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Programs
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SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
23 USC 101 note.
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(a) IN GENERAL.—The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) FEDERAL-AID HIGHWAY PROGRAM.—For the national
highway performance program under section 119 of title 23,
United States Code, the surface transportation program under
section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation
and air quality improvement program under section 149 of
that title, and to carry out section 134 of that title—
(A) $37,476,819,674 for fiscal year 2013; and
(B) $37,798,000,000 for fiscal year 2014.
(2) TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION PROGRAM.—For credit assistance under the
transportation infrastructure finance and innovation program
under chapter 6 of title 23, United States Code—
(A) $750,000,000 for fiscal year 2013; and
(B) $1,000,000,000 for fiscal year 2014.
(3) FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.—
(A) TRIBAL TRANSPORTATION PROGRAM.—For the tribal
transportation program under section 202 of title 23,
United States Code, $450,000,000 for each of fiscal years
2013 and 2014.
(B) FEDERAL LANDS TRANSPORTATION PROGRAM.—For
the Federal lands transportation program under section
203 of title 23, United States Code, $300,000,000 for each
of fiscal years 2013 and 2014, of which $240,000,000 of
the amount made available for each fiscal year shall be
the amount for the National Park Service and $30,000,000
of the amount made available for each fiscal year shall
be the amount for the United States Fish and Wildlife
Service.
(C) FEDERAL LANDS ACCESS PROGRAM.—For the Federal
lands access program under section 204 of title 23, United
States Code, $250,000,000 for each of fiscal years 2013
and 2014.
(4) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.—
For the territorial and Puerto Rico highway program under
section 165 of title 23, United States Code, $190,000,000 for
each of fiscal years 2013 and 2014.
(b) DISADVANTAGED BUSINESS ENTERPRISES.—
(1) FINDINGS.—Congress finds that—
(A) while significant progress has occurred due to the
establishment of the disadvantaged business enterprise
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 415
program, discrimination and related barriers continue to
pose significant obstacles for minority- and women-owned
businesses seeking to do business in federally-assisted surface transportation markets across the United States;
(B) the continuing barriers described in subparagraph
(A) merit the continuation of the disadvantaged business
enterprise program;
(C) Congress has received and reviewed testimony and
documentation of race and gender discrimination from
numerous sources, including congressional hearings and
roundtables, scientific reports, reports issued by public and
private agencies, news stories, reports of discrimination
by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts
alone are insufficient to address the problem;
(D) the testimony and documentation described in
subparagraph (C) demonstrate that discrimination across
the United States poses a barrier to full and fair participation in surface transportation-related businesses of women
business owners and minority business owners and has
impacted firm development and many aspects of surface
transportation-related business in the public and private
markets; and
(E) the testimony and documentation described in
subparagraph (C) provide a strong basis that there is a
compelling need for the continuation of the disadvantaged
business enterprise program to address race and gender
discrimination in surface transportation-related business.
(2) DEFINITIONS.—In this subsection, the following definitions apply:
(A) SMALL BUSINESS CONCERN.—
(i) IN GENERAL.—The term ‘‘small business concern’’ means a small business concern (as the term
is used in section 3 of the Small Business Act (15
U.S.C. 632)).
(ii) EXCLUSIONS.—The term ‘‘small business concern’’ does not include any concern or group of concerns
controlled by the same socially and economically disadvantaged individual or individuals that have average
annual gross receipts during the preceding 3 fiscal
years in excess of $22,410,000, as adjusted annually
by the Secretary for inflation.
(B) SOCIALLY AND ECONOMICALLY DISADVANTAGED
INDIVIDUALS.—The term ‘‘socially and economically disadvantaged individuals’’ has the meaning given the term
in section 8(d) of the Small Business Act (15 U.S.C. 637(d))
and relevant subcontracting regulations issued pursuant
to that Act, except that women shall be presumed to be
socially and economically disadvantaged individuals for
purposes of this subsection.
(3) AMOUNTS FOR SMALL BUSINESS CONCERNS.—Except to
the extent that the Secretary determines otherwise, not less
than 10 percent of the amounts made available for any program
under divisions A and B of this Act and section 403 of title
23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically
disadvantaged individuals.
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126 STAT. 416
PUBLIC LAW 112–141—JULY 6, 2012
(4) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES.—Each State shall annually—
(A) survey and compile a list of the small business
concerns referred to in paragraph (2) in the State, including
the location of the small business concerns in the State;
and
(B) notify the Secretary, in writing, of the percentage
of the small business concerns that are controlled by—
(i) women;
(ii) socially and economically disadvantaged
individuals (other than women); and
(iii) individuals who are women and are otherwise
socially and economically disadvantaged individuals.
(5) UNIFORM CERTIFICATION.—
(A) IN GENERAL.—The Secretary shall establish minimum uniform criteria for use by State governments in
certifying whether a concern qualifies as a small business
concern for the purpose of this subsection.
(B) INCLUSIONS.—The minimum uniform criteria established under subparagraph (A) shall include, with respect
to a potential small business concern—
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of principal
owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(6) REPORTING.—The Secretary shall establish minimum
requirements for use by State governments in reporting to
the Secretary—
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) such other information as the Secretary determines
to be appropriate for the proper monitoring of the disadvantaged business enterprise program.
(7) COMPLIANCE WITH COURT ORDERS.—Nothing in this subsection limits the eligibility of an individual or entity to receive
funds made available under divisions A and B of this Act
and section 403 of title 23, United States Code, if the entity
or person is prevented, in whole or in part, from complying
with paragraph (2) because a Federal court issues a final order
in which the court finds that a requirement or the implementation of paragraph (2) is unconstitutional.
Notification.
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23 USC 104 note.
SEC. 1102. OBLIGATION CEILING.
(a) GENERAL LIMITATION.—Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federalaid highway and highway safety construction programs shall not
exceed—
(1) $39,699,000,000 for fiscal year 2013; and
(2) $40,256,000,000 for fiscal year 2014.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 417
(b) EXCEPTIONS.—The limitations under subsection (a) shall
not apply to obligations under or for—
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not lapsed
or been used;
(10) section 105 of title 23, United States Code (but, for
each of fiscal years 2005 through 2011, only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note;
119 Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on obligations
at the time at which the funds were initially made available
for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2014, only in an amount
equal to $639,000,000 for each of those fiscal years).
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For each of fiscal
years 2013 through 2014, the Secretary—
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for—
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United States
Code; and
(B) amounts authorized for the Bureau of Transportation Statistics;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts—
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous
fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202
or 204 of title 23, United States Code); and
(B) for which obligation authority was provided in a
previous fiscal year;
(3) shall determine the proportion that—
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Determination.
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Time period.
Contracts.
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PUBLIC LAW 112–141—JULY 6, 2012
(A) the obligation authority provided by subsection (a)
for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be appropriated
for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1)
through (11) of subsection (b) and sums authorized to be
appropriated for section 119 of title 23, United States Code,
equal to the amount referred to in subsection (b)(12) for
the fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under this Act and title 23, United States
Code, or apportioned by the Secretary under sections 202 or
204 of that title, by multiplying—
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for each
such program for the fiscal year; and
(5) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the national highway performance program
in section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under section 204 of that title) in the proportion
that—
(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States
Code, to each State for the fiscal year; bears to
(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title
23, United States Code, to all States for the fiscal year.
(d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (c), the Secretary shall, after August 1
of each of fiscal years 2013 through 2014—
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment
of this Act) and 104 of title 23, United States Code.
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—
(1) IN GENERAL.—Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 419
to contract authority for transportation research programs carried out under—
(A) chapter 5 of title 23, United States Code; and
(B) division E of this Act.
(2) EXCEPTION.—Obligation authority made available under
paragraph (1) shall—
(A) remain available for a period of 4 fiscal years;
and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
(f) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—
(1) IN GENERAL.—Not later than 30 days after the date
of distribution of obligation authority under subsection (c) for
each of fiscal years 2013 through 2014, the Secretary shall
distribute to the States any funds (excluding funds authorized
for the program under section 202 of title 23, United States
Code) that—
(A) are authorized to be appropriated for the fiscal
year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to
the States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not
be available for obligation, for the fiscal year because of
the imposition of any obligation limitation for the fiscal
year.
(2) RATIO.—Funds shall be distributed under paragraph
(1) in the same proportion as the distribution of obligation
authority under subsection (c)(5).
(3) AVAILABILITY.—Funds distributed to each State under
paragraph (1) shall be available for any purpose described
in section 133(c) of title 23, United States Code.
Time period.
Deadline.
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SEC. 1103. DEFINITIONS.
(a) DEFINITIONS.—Section 101(a) of title 23, United States Code,
is amended—
(1) by striking paragraphs (6), (7), (9), (12), (19), (20),
(24), (25), (26), (28), (38), and (39);
(2) by redesignating paragraphs (2), (3), (4), (5), (8), (13),
(14), (15), (16), (17), (18), (21), (22), (23), (27), (29), (30), (31),
(32), (33), (34), (35), (36), and (37) as paragraphs (3), (4), (5),
(6), (9), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21),
(22), (23), (24), (25), (26), (28), (29), (33), and (34), respectively;
(3) by inserting after paragraph (1) the following:
‘‘(2) ASSET MANAGEMENT.—The term ‘asset management’
means a strategic and systematic process of operating,
maintaining, and improving physical assets, with a focus on
both engineering and economic analysis based upon quality
information, to identify a structured sequence of maintenance,
preservation, repair, rehabilitation, and replacement actions
that will achieve and sustain a desired state of good repair
over the lifecycle of the assets at minimum practicable cost.’’;
(4) in paragraph (4) (as redesignated by paragraph (2))—
(A) in the matter preceding subparagraph (A), by
inserting ‘‘or any project eligible for assistance under this
title’’ after ‘‘of a highway’’;
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126 STAT. 420
PUBLIC LAW 112–141—JULY 6, 2012
(B) by striking subparagraph (A) and inserting the
following:
‘‘(A) preliminary engineering, engineering, and designrelated services directly relating to the construction of a
highway project, including engineering, design, project
development and management, construction project
management and inspection, surveying, mapping (including
the establishment of temporary and permanent geodetic
control in accordance with specifications of the National
Oceanic and Atmospheric Administration), and architectural-related services;’’;
(C) in subparagraph (B)—
(i) by inserting ‘‘reconstruction,’’ before ‘‘resurfacing’’; and
(ii) by striking ‘‘and rehabilitation’’ and inserting
‘‘rehabilitation, and preservation’’;
(D) in subparagraph (E) by striking ‘‘railway’’ and
inserting ‘‘railway-highway’’; and
(E) in subparagraph (F) by striking ‘‘obstacles’’ and
inserting ‘‘hazards’’;
(5) in paragraph (6) (as so redesignated)—
(A) by inserting ‘‘public’’ before ‘‘highway eligible’’; and
(B) by inserting ‘‘functionally’’ before ‘‘classified’’;
(6) by inserting after paragraph (6) (as so redesignated)
the following:
‘‘(7) FEDERAL LANDS ACCESS TRANSPORTATION FACILITY.—
The term ‘Federal Lands access transportation facility’ means
a public highway, road, bridge, trail, or transit system that
is located on, is adjacent to, or provides access to Federal
lands for which title or maintenance responsibility is vested
in a State, county, town, township, tribal, municipal, or local
government.
‘‘(8) FEDERAL LANDS TRANSPORTATION FACILITY.—The term
‘Federal lands transportation facility’ means a public highway,
road, bridge, trail, or transit system that is located on, is
adjacent to, or provides access to Federal lands for which title
and maintenance responsibility is vested in the Federal Government, and that appears on the national Federal lands transportation facility inventory described in section 203(c).’’;
(7) in paragraph (11)(B) by inserting ‘‘including public roads
on dams’’ after ‘‘drainage structure’’;
(8) in paragraph (14) (as so redesignated)—
(A) by striking ‘‘as a’’ and inserting ‘‘as an air quality’’;
and
(B) by inserting ‘‘air quality’’ before ‘‘attainment area’’;
(9) in paragraph (18) (as so redesignated) by striking ‘‘an
undertaking to construct a particular portion of a highway,
or if the context so implies, the particular portion of a highway
so constructed or any other undertaking’’ and inserting ‘‘any
undertaking’’;
(10) in paragraph (19) (as so redesignated)—
(A) by striking ‘‘the State transportation department
and’’; and
(B) by inserting ‘‘and the recipient’’ after ‘‘Secretary’’;
(11) by striking paragraph (23) (as so redesignated) and
inserting the following:
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126 STAT. 421
‘‘(23) SAFETY IMPROVEMENT PROJECT.—The term ‘safety
improvement project’ means a strategy, activity, or project on
a public road that is consistent with the State strategic highway
safety plan and corrects or improves a roadway feature that
constitutes a hazard to road users or addresses a highway
safety problem.’’;
(12) by inserting after paragraph (26) (as so redesignated)
the following:
‘‘(27) STATE STRATEGIC HIGHWAY SAFETY PLAN.—The term
‘State strategic highway safety plan’ has the same meaning
given such term in section 148(a).’’;
(13) by striking paragraph (29) (as so redesignated) and
inserting the following:
‘‘(29) TRANSPORTATION ALTERNATIVES.—The term ‘transportation alternatives’ means any of the following activities when
carried out as part of any program or project authorized or
funded under this title, or as an independent program or project
related to surface transportation:
‘‘(A) Construction, planning, and design of on-road and
off-road trail facilities for pedestrians, bicyclists, and other
nonmotorized forms of transportation, including sidewalks,
bicycle infrastructure, pedestrian and bicycle signals, traffic
calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
‘‘(B) Construction, planning, and design of infrastructure-related projects and systems that will provide safe
routes for non-drivers, including children, older adults, and
individuals with disabilities to access daily needs.
‘‘(C) Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users.
‘‘(D) Construction of turnouts, overlooks, and viewing
areas.
‘‘(E) Community improvement activities, including—
‘‘(i) inventory, control, or removal of outdoor advertising;
‘‘(ii) historic preservation and rehabilitation of historic transportation facilities;
‘‘(iii) vegetation management practices in transportation rights-of-way to improve roadway safety, prevent
against invasive species, and provide erosion control;
and
‘‘(iv) archaeological activities relating to impacts
from implementation of a transportation project eligible
under this title.
‘‘(F) Any environmental mitigation activity, including
pollution prevention and pollution abatement activities and
mitigation to—
‘‘(i) address stormwater management, control, and
water pollution prevention or abatement related to
highway construction or due to highway runoff,
including activities described in sections 133(b)(11),
328(a), and 329; or
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(ii) reduce vehicle-caused wildlife mortality or to
restore and maintain connectivity among terrestrial
or aquatic habitats.’’; and
(14) by inserting after paragraph (29) (as so redesignated)
the following:
‘‘(30) TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS.—
‘‘(A) IN GENERAL.—The term ‘transportation systems
management and operations’ means integrated strategies
to optimize the performance of existing infrastructure
through the implementation of multimodal and intermodal,
cross-jurisdictional systems, services, and projects designed
to preserve capacity and improve security, safety, and reliability of the transportation system.
‘‘(B) INCLUSIONS.—The term ‘transportation systems
management and operations’ includes—
‘‘(i) actions such as traffic detection and surveillance, corridor management, freeway management,
arterial management, active transportation and
demand management, work zone management, emergency management, traveler information services,
congestion pricing, parking management, automated
enforcement, traffic control, commercial vehicle operations, freight management, and coordination of highway, rail, transit, bicycle, and pedestrian operations;
and
‘‘(ii) coordination of the implementation of regional
transportation system management and operations
investments (such as traffic incident management,
traveler information services, emergency management,
roadway weather management, intelligent transportation systems, communication networks, and information sharing systems) requiring agreements, integration, and interoperability to achieve targeted system
performance, reliability, safety, and customer service
levels.
‘‘(31) TRIBAL TRANSPORTATION FACILITY.—The term ‘tribal
transportation facility’ means a public highway, road, bridge,
trail, or transit system that is located on or provides access
to tribal land and appears on the national tribal transportation
facility inventory described in section 202(b)(1).
‘‘(32) TRUCK STOP ELECTRIFICATION SYSTEM.—The term
‘truck stop electrification system’ means a system that delivers
heat, air conditioning, electricity, or communications to a heavyduty vehicle.’’.
(b) SENSE OF CONGRESS.—Section 101(c) of title 23, United
States Code, is amended by striking ‘‘system’’ and inserting ‘‘highway’’.
SEC. 1104. NATIONAL HIGHWAY SYSTEM.
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(a) IN GENERAL.—Section 103 of title 23, United States Code,
is amended to read as follows:
‘‘§ 103. National Highway System
‘‘(a) IN GENERAL.—For the purposes of this title, the Federalaid system is the National Highway System, which includes the
Interstate System.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 423
‘‘(b) NATIONAL HIGHWAY SYSTEM.—
‘‘(1) DESCRIPTION.—The National Highway System consists
of the highway routes and connections to transportation facilities that shall—
‘‘(A) serve major population centers, international
border crossings, ports, airports, public transportation
facilities, and other intermodal transportation facilities and
other major travel destinations;
‘‘(B) meet national defense requirements; and
‘‘(C) serve interstate and interregional travel and commerce.
‘‘(2) COMPONENTS.—The National Highway System
described in paragraph (1) consists of the following:
‘‘(A) The National Highway System depicted on the
map submitted by the Secretary of Transportation to Congress with the report entitled ‘Pulling Together: The
National Highway System and its Connections to Major
Intermodal Terminals’ and dated May 24, 1996, and modifications approved by the Secretary before the date of enactment of the MAP–21.
‘‘(B) Other urban and rural principal arterial routes,
and border crossings on those routes, that were not
included on the National Highway System before the date
of enactment of the MAP–21.
‘‘(C) Other connector highways (including toll facilities)
that were not included in the National Highway System
before the date of enactment of the MAP–21 but that
provide motor vehicle access between arterial routes on
the National Highway System and a major intermodal
transportation facility.
‘‘(D) A strategic highway network that—
‘‘(i) consists of a network of highways that are
important to the United States strategic defense policy,
that provide defense access, continuity, and emergency
capabilities for the movement of personnel, materials,
and equipment in both peacetime and wartime, and
that were not included on the National Highway
System before the date of enactment of the MAP–
21;
‘‘(ii) may include highways on or off the Interstate
System; and
‘‘(iii) shall be designated by the Secretary, in consultation with appropriate Federal agencies and the
States.
‘‘(E) Major strategic highway network connectors
that—
‘‘(i) consist of highways that provide motor vehicle
access between major military installations and highways that are part of the strategic highway network
but were not included on the National Highway System
before the date of enactment of the MAP–21; and
‘‘(ii) shall be designated by the Secretary, in consultation with appropriate Federal agencies and the
States.
‘‘(3) MODIFICATIONS TO NHS.—
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126 STAT. 424
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(A) IN GENERAL.—The Secretary may make any modification, including any modification consisting of a connector to a major intermodal terminal, to the National
Highway System that is proposed by a State if the Secretary determines that the modification—
‘‘(i) meets the criteria established for the National
Highway System under this title after the date of
enactment of the MAP–21; and
‘‘(ii) enhances the national transportation
characteristics of the National Highway System.
‘‘(B) COOPERATION.—
‘‘(i) IN GENERAL.—In proposing a modification
under this paragraph, a State shall cooperate with
local and regional officials.
‘‘(ii) URBANIZED AREAS.—In an urbanized area, the
local officials shall act through the metropolitan planning organization designated for the area under section
134.
‘‘(c) INTERSTATE SYSTEM.—
‘‘(1) DESCRIPTION.—
‘‘(A) IN GENERAL.—The Dwight D. Eisenhower National
System of Interstate and Defense Highways within the
United States (including the District of Columbia and
Puerto Rico) consists of highways designed, located, and
selected in accordance with this paragraph.
‘‘(B) DESIGN.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), highways on the Interstate System shall be
designed in accordance with the standards of section
109(b).
‘‘(ii) EXCEPTION.—Highways on the Interstate
System in Alaska and Puerto Rico shall be designed
in accordance with such geometric and construction
standards as are adequate for current and probable
future traffic demands and the needs of the locality
of the highway.
‘‘(C) LOCATION.—Highways on the Interstate System
shall be located so as—
‘‘(i) to connect by routes, as direct as practicable,
the principal metropolitan areas, cities, and industrial
centers;
‘‘(ii) to serve the national defense; and
‘‘(iii) to the maximum extent practicable, to connect
at suitable border points with routes of continental
importance in Canada and Mexico.
‘‘(D) SELECTION OF ROUTES.—To the maximum extent
practicable, each route of the Interstate System shall be
selected by joint action of the State transportation departments of the State in which the route is located and the
adjoining States, in cooperation with local and regional
officials, and subject to the approval of the Secretary.
‘‘(2) MAXIMUM MILEAGE.—The mileage of highways on the
Interstate System shall not exceed 43,000 miles, exclusive of
designations under paragraph (4).
‘‘(3) MODIFICATIONS.—The Secretary may approve or
require modifications to the Interstate System in a manner
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 425
consistent with the policies and procedures established under
this subsection.
‘‘(4) INTERSTATE SYSTEM DESIGNATIONS.—
‘‘(A) ADDITIONS.—If the Secretary determines that a
highway on the National Highway System meets all standards of a highway on the Interstate System and that the
highway is a logical addition or connection to the Interstate
System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway
is located, designate the highway as a route on the Interstate System.
‘‘(B) DESIGNATIONS AS FUTURE INTERSTATE SYSTEM
ROUTES.—
‘‘(i) IN GENERAL.—Subject to clauses (ii) through
(vi), if the Secretary determines that a highway on
the National Highway System would be a logical addition or connection to the Interstate System and would
qualify for designation as a route on the Interstate
System under subparagraph (A) if the highway met
all standards of a highway on the Interstate System,
the Secretary may, upon the affirmative recommendation of the State or States in which the highway is
located, designate the highway as a future Interstate
System route.
‘‘(ii) WRITTEN AGREEMENT.—A designation under
clause (i) shall be made only upon the written agreement of each State described in that clause that the
highway will be constructed to meet all standards of
a highway on the Interstate System by not later than
the date that is 25 years after the date of the agreement.
‘‘(iii) FAILURE TO COMPLETE CONSTRUCTION.—If a
State described in clause (i) has not substantially completed the construction of a highway designated under
this subparagraph by the date specified in clause (ii),
the Secretary shall remove the designation of the highway as a future Interstate System route.
‘‘(iv) EFFECT OF REMOVAL.—Removal of the designation of a highway under clause (iii) shall not preclude the Secretary from designating the highway as
a route on the Interstate System under subparagraph
(A) or under any other provision of law providing for
addition to the Interstate System.
‘‘(v)
RETROACTIVE
EFFECT.—An
agreement
described in clause (ii) that is entered into before
August 10, 2005, shall be deemed to include the 25year time limitation described in that clause, regardless of any earlier construction completion date in the
agreement.
‘‘(vi) REFERENCES.—No law, rule, regulation, map,
document, or other record of the United States, or
of any State or political subdivision of a State, shall
refer to any highway designated as a future Interstate
System route under this subparagraph, and no such
highway shall be signed or marked, as a highway
on the Interstate System, until such time as the highway—
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‘‘(I) is constructed to the geometric and
construction standards for the Interstate System;
and
‘‘(II) has been designated as a route on the
Interstate System.
‘‘(C) FINANCIAL RESPONSIBILITY.—Except as provided
in this title, the designation of a highway under this paragraph shall create no additional Federal financial responsibility with respect to the highway.
‘‘(5) EXEMPTION OF INTERSTATE SYSTEM.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Interstate System shall not be considered to be
a historic site under section 303 of title 49 or section
138 of this title, regardless of whether the Interstate
System or portions or elements of the Interstate System
are listed on, or eligible for listing on, the National Register
of Historic Places.
‘‘(B) INDIVIDUAL ELEMENTS.—Subject to subparagraph
(C)—
‘‘(i) the Secretary shall determine, through the
administrative process established for exempting the
Interstate System from section 106 of the National
Historic Preservation Act (16 U.S.C. 470f), those individual elements of the Interstate System that possess
national or exceptional historic significance (such as
a historic bridge or a highly significant engineering
feature); and
‘‘(ii) those elements shall be considered to be historic sites under section 303 of title 49 or section
138 of this title, as applicable.
‘‘(C) CONSTRUCTION, MAINTENANCE, RESTORATION, AND
REHABILITATION ACTIVITIES.—Subparagraph (B) does not
prohibit a State from carrying out construction, maintenance, preservation, restoration, or rehabilitation activities
for a portion of the Interstate System referred to in
subparagraph (B) upon compliance with section 303 of title
49 or section 138 of this title, as applicable, and section
106 of the National Historic Preservation Act (16 U.S.C.
470f).’’.
(b) INCLUSION OF CERTAIN ROUTE SEGMENTS ON INTERSTATE
SYSTEM.—
(1) IN GENERAL.—Section 1105(e)(5)(A) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 2031;
109 Stat. 597; 115 Stat. 872) is amended—
(A) in the first sentence, by striking ‘‘and in subsections
(c)(18) and (c)(20)’’ and inserting ‘‘, in subsections (c)(18)
and (c)(20), and in subparagraphs (A)(iii) and (B) of subsection (c)(26)’’; and
(B) in the second sentence, by striking ‘‘that the segment’’ and all that follows through the period and inserting
‘‘that the segment meets the Interstate System design
standards approved by the Secretary under section 109(b)
of title 23, United States Code, and is planned to connect
to an existing Interstate System segment by the date that
is 25 years after the date of enactment of the MAP–21.’’.
(2) ROUTE DESIGNATION.—Section 1105(e)(5)(C)(i) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
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Stat. 2032; 109 Stat. 598) is amended by adding at the end
the following: ‘‘The routes referred to subparagraphs (A)(iii)
and (B)(i) of subsection (c)(26) are designated as Interstate
Route I-11.’’.
(c) CONFORMING AMENDMENTS.—
(1) ANALYSIS.—The analysis for chapter 1 of title 23, United
States Code, is amended by striking the item relating to section
103 and inserting the following:
‘‘103. National Highway System.’’.
(2) SECTION 113.—Section 113 of title 23, United States
Code, is amended—
(A) in subsection (a) by striking ‘‘the Federal-aid systems’’ and inserting ‘‘Federal-aid highways’’; and
(B) in subsection (b), in the first sentence, by striking
‘‘of the Federal-aid systems’’ and inserting ‘‘Federal-aid
highway’’.
(3) SECTION 123.—Section 123(a) of title 23, United States
Code, is amended in the first sentence by striking ‘‘Federalaid system’’ and inserting ‘‘Federal-aid highway’’.
(4) SECTION 217.—Section 217(b) of title 23, United States
Code, is amended in the subsection heading by striking
‘‘NATIONAL HIGHWAY SYSTEM’’ and inserting ‘‘NATIONAL HIGHWAY PERFORMANCE PROGRAM’’.
(5) SECTION 304.—Section 304 of title 23, United States
Code, is amended in the first sentence by striking ‘‘the Federalaid highway systems’’ and inserting ‘‘Federal-aid highways’’.
(6) SECTION 317.—Section 317(d) of title 23, United States
Code, is amended by striking ‘‘system’’ and inserting ‘‘highway’’.
SEC. 1105. APPORTIONMENT.
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(a) IN GENERAL.—Section 104 of title 23, United States Code,
is amended to read as follows:
‘‘§ 104. Apportionment
‘‘(a) ADMINISTRATIVE EXPENSES.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration—
‘‘(A) $454,180,326 for fiscal year 2013; and
‘‘(B) $440,000,000 for fiscal year 2014.
‘‘(2) PURPOSES.—The amounts authorized to be appropriated by this subsection shall be used—
‘‘(A) to administer the provisions of law to be funded
from appropriations for the Federal-aid highway program
and programs authorized under chapter 2;
‘‘(B) to make transfers of such sums as the Secretary
determines to be appropriate to the Appalachian Regional
Commission for administrative activities associated with
the Appalachian development highway system; and
‘‘(C) to reimburse, as appropriate, the Office of
Inspector General of the Department of Transportation
for the conduct of annual audits of financial statements
in accordance with section 3521 of title 31.
‘‘(3) AVAILABILITY.—The amounts made available under
paragraph (1) shall remain available until expended.
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126 STAT. 428
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(b) DIVISION OF STATE APPORTIONMENTS AMONG PROGRAMS.—
The Secretary shall distribute the amount apportioned to a State
for a fiscal year under subsection (c) among the national highway
performance program, the surface transportation program, the highway safety improvement program, and the congestion mitigation
and air quality improvement program, and to carry out section
134 as follows:
‘‘(1) NATIONAL HIGHWAY PERFORMANCE PROGRAM.—For the
national highway performance program, 63.7 percent of the
amount remaining after distributing amounts under paragraphs
(4) and (5).
‘‘(2) SURFACE TRANSPORTATION PROGRAM.—For the surface
transportation program, 29.3 percent of the amount remaining
after distributing amounts under paragraphs (4) and (5).
‘‘(3) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—For the
highway safety improvement program, 7 percent of the amount
remaining after distributing amounts under paragraphs (4) and
(5).
‘‘(4) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.—For the congestion mitigation and air quality
improvement program, an amount determined by multiplying
the amount determined for the State under subsection (c) by
the proportion that—
‘‘(A) the amount apportioned to the State for the
congestion mitigation and air quality improvement program
for fiscal year 2009; bears to
‘‘(B) the total amount of funds apportioned to the State
for that fiscal year for the programs referred to in section
105(a)(2) (except for the high priority projects program
referred to in section 105(a)(2)(H)), as in effect on the
day before the date of enactment of the MAP–21.
‘‘(5) METROPOLITAN PLANNING.—To carry out section 134,
an amount determined by multiplying the amount determined
for the State under subsection (c) by the proportion that—
‘‘(A) the amount apportioned to the State to carry
out section 134 for fiscal year 2009; bears to
‘‘(B) the total amount of funds apportioned to the State
for that fiscal year for the programs referred to in section
105(a)(2) (except for the high priority projects program
referred to in section 105(a)(2)(H)), as in effect on the
day before the date of enactment of the MAP–21.
‘‘(c) CALCULATION OF STATE AMOUNTS.—
‘‘(1) FOR FISCAL YEAR 2013.—
‘‘(A) CALCULATION OF AMOUNT.—For fiscal year 2013,
the amount for each State of combined apportionments
for the national highway performance program under section 119, the surface transportation program under section
133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, and to carry out section
134 shall be equal to the combined amount of apportionments that the State received for fiscal year 2012.
‘‘(B) STATE APPORTIONMENT.—On October 1 of such
fiscal year, the Secretary shall apportion the sum authorized to be appropriated for expenditure on the national
highway performance program under section 119, the surface transportation program under section 133, the highway
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 429
safety improvement program under section 148, the congestion mitigation and air quality improvement program under
section 149, and to carry out section 134 in accordance
with subparagraph (A).
‘‘(2) FOR FISCAL YEAR 2014.—
‘‘(A) STATE SHARE.—For fiscal year 2014, the amount
for each State of combined apportionments for the national
highway performance program under section 119, the surface transportation program under section 133, the highway
safety improvement program under section 148, the congestion mitigation and air quality improvement program under
section 149, and to carry out section 134 shall be determined as follows:
‘‘(i) INITIAL AMOUNT.—The initial amount for each
State shall be determined by multiplying the total
amount available for apportionment by the share for
each State which shall be equal to the proportion
that—
‘‘(I) the amount of apportionments that the
State received for fiscal year 2012; bears to
‘‘(II) the amount of those apportionments
received by all States for that fiscal year.
‘‘(ii) ADJUSTMENTS TO AMOUNTS.—The initial
amounts resulting from the calculation under clause
(i) shall be adjusted to ensure that, for each State,
the amount of combined apportionments for the programs shall not be less than 95 percent of the estimated tax payments attributable to highway users in
the State paid into the Highway Trust Fund (other
than the Mass Transit Account) in the most recent
fiscal year for which data are available.
‘‘(B) STATE APPORTIONMENT.—On October 1 of such
fiscal year, the Secretary shall apportion the sum authorized to be appropriated for expenditure on the national
highway performance program under section 119, the surface transportation program under section 133, the highway
safety improvement program under section 148, the congestion mitigation and air quality improvement program under
section 149, and to carry out section 134 in accordance
with subparagraph (A).
‘‘(d) METROPOLITAN PLANNING.—
‘‘(1) USE OF AMOUNTS.—
‘‘(A) USE.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), the amounts apportioned to a State under subsection (b)(5) shall be made available by the State
to the metropolitan planning organizations responsible
for carrying out section 134 in the State.
‘‘(ii) STATES RECEIVING MINIMUM APPORTIONMENT.—A State that received the minimum apportionment for use in carrying out section 134 for fiscal
year 2009 may, subject to the approval of the Secretary,
use the funds apportioned under subsection (b)(5) to
fund transportation planning outside of urbanized
areas.
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126 STAT. 430
‘‘(B) UNUSED FUNDS.—Any funds that are not used
to carry out section 134 may be made available by a metropolitan planning organization to the State to fund activities
under section 135.
‘‘(2) DISTRIBUTION OF AMOUNTS WITHIN STATES.—
‘‘(A) IN GENERAL.—The distribution within any State
of the planning funds made available to organizations
under paragraph (1) shall be in accordance with a formula
that—
‘‘(i) is developed by each State and approved by
the Secretary; and
‘‘(ii) takes into consideration, at a minimum, population, status of planning, attainment of air quality
standards, metropolitan area transportation needs, and
other factors necessary to provide for an appropriate
distribution of funds to carry out section 134 and other
applicable requirements of Federal law.
‘‘(B) REIMBURSEMENT.—Not later than 15 business
days after the date of receipt by a State of a request
for reimbursement of expenditures made by a metropolitan
planning organization for carrying out section 134, the
State shall reimburse, from amounts distributed under this
paragraph to the metropolitan planning organization by
the State, the metropolitan planning organization for those
expenditures.
‘‘(3) DETERMINATION OF POPULATION FIGURES.—For the purpose of determining population figures under this subsection,
the Secretary shall use the latest available data from the decennial census conducted under section 141(a) of title 13, United
States Code.
‘‘(e) CERTIFICATION OF APPORTIONMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) on October 1 of each fiscal year, certify to each
of the State transportation departments the amount that
has been apportioned to the State under this section for
the fiscal year; and
‘‘(B) to permit the States to develop adequate plans
for the use of amounts apportioned under this section,
advise each State of the amount that will be apportioned
to the State under this section for a fiscal year not later
than 90 days before the beginning of the fiscal year for
which the sums to be apportioned are authorized.
‘‘(2) NOTICE TO STATES.—If the Secretary has not made
an apportionment under this section for a fiscal year beginning
after September 30, 1998, by not later than the date that
is the twenty-first day of that fiscal year, the Secretary shall
submit, by not later than that date, to the Committee on
Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works
of the Senate, a written statement of the reason for not making
the apportionment in a timely manner.
‘‘(3) APPORTIONMENT CALCULATIONS.—
‘‘(A) IN GENERAL.—The calculation of official apportionments of funds to the States under this title is a primary
responsibility of the Department and shall be carried out
only by employees (and not contractors) of the Department.
Deadline.
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‘‘(B) PROHIBITION ON USE OF FUNDS TO HIRE CONTRACTORS.—None of the funds made available under this title
shall be used to hire contractors to calculate the apportionments of funds to States.
‘‘(f) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.—
‘‘(1) TRANSFER OF HIGHWAY FUNDS FOR TRANSIT PROJECTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B),
amounts made available for transit projects or transportation planning under this title may be transferred to and
administered by the Secretary in accordance with chapter
53 of title 49.
‘‘(B) NON-FEDERAL SHARE.—The provisions of this title
relating to the non-Federal share shall apply to the
amounts transferred under subparagraph (A).
‘‘(2) TRANSFER OF TRANSIT FUNDS FOR HIGHWAY PROJECTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B),
amounts made available for highway projects or transportation planning under chapter 53 of title 49 may be transferred to and administered by the Secretary in accordance
with this title.
‘‘(B) NON-FEDERAL SHARE.—The provisions of chapter
53 of title 49 relating to the non-Federal share shall apply
to amounts transferred under subparagraph (A).
‘‘(3) TRANSFER OF FUNDS AMONG STATES OR TO FEDERAL
HIGHWAY ADMINISTRATION.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary may, at the request of a State, transfer amounts
apportioned or allocated under this title to the State to
another State, or to the Federal Highway Administration,
for the purpose of funding 1 or more projects that are
eligible for assistance with amounts so apportioned or allocated.
‘‘(B) APPORTIONMENT.—The transfer shall have no
effect on any apportionment of amounts to a State under
this section.
‘‘(C) FUNDS SUBALLOCATED TO URBANIZED AREAS.—
Amounts that are apportioned or allocated to a State under
subsection (b)(3) (as in effect on the day before the date
of enactment of the MAP–21) or subsection (b)(2) and
attributed to an urbanized area of a State with a population
of more than 200,000 individuals under section 133(d) may
be transferred under this paragraph only if the metropolitan planning organization designated for the area concurs,
in writing, with the transfer request.
‘‘(4) TRANSFER OF OBLIGATION AUTHORITY.—Obligation
authority for amounts transferred under this subsection shall
be transferred in the same manner and amount as the amounts
for the projects that are transferred under this section.
‘‘(g) REPORT TO CONGRESS.—For each fiscal year, the Secretary
shall make available to the public, in a user-friendly format via
the Internet, a report that describes—
‘‘(1) the amount obligated, by each State, for Federal-aid
highways and highway safety construction programs during
the preceding fiscal year;
‘‘(2) the balance, as of the last day of the preceding fiscal
year, of the unobligated apportionment of each State by fiscal
year under this section;
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Applicability.
Public
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(3) the balance of unobligated sums available for expenditure at the discretion of the Secretary for such highways and
programs for the fiscal year; and
‘‘(4) the rates of obligation of funds apportioned or set
aside under this section, according to—
‘‘(A) program;
‘‘(B) funding category of subcategory;
‘‘(C) type of improvement;
‘‘(D) State; and
‘‘(E) sub-State geographical area, including urbanized
and rural areas, on the basis of the population of each
such area.’’.
(b) CONFORMING AMENDMENT.—Section 146(a) of title 23,
United States Code, is amended by striking ‘‘sections 104(b)(l) and
104(b)(3)’’ and inserting ‘‘section 104(b)(2)’’.
SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
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(a) IN GENERAL.—Section 119 of title 23, United States Code,
is amended to read as follows:
‘‘§ 119. National highway performance program
‘‘(a) ESTABLISHMENT.—The Secretary shall establish and implement a national highway performance program under this section.
‘‘(b) PURPOSES.—The purposes of the national highway performance program shall be—
‘‘(1) to provide support for the condition and performance
of the National Highway System;
‘‘(2) to provide support for the construction of new facilities
on the National Highway System; and
‘‘(3) to ensure that investments of Federal-aid funds in
highway construction are directed to support progress toward
the achievement of performance targets established in an asset
management plan of a State for the National Highway System.
‘‘(c) ELIGIBLE FACILITIES.—Except as provided in subsection
(d), to be eligible for funding apportioned under section 104(b)(1)
to carry out this section, a facility shall be located on the National
Highway System, as defined in section 103.
‘‘(d) ELIGIBLE PROJECTS.—Funds apportioned to a State to carry
out the national highway performance program may be obligated
only for a project on an eligible facility that is—
‘‘(1)(A) a project or part of a program of projects supporting
progress toward the achievement of national performance goals
for improving infrastructure condition, safety, mobility, or
freight movement on the National Highway System; and
‘‘(B) consistent with sections 134 and 135; and
‘‘(2) for 1 or more of the following purposes:
‘‘(A) Construction, reconstruction, resurfacing, restoration, rehabilitation, preservation, or operational improvement of segments of the National Highway System.
‘‘(B) Construction, replacement (including replacement
with fill material), rehabilitation, preservation, and protection (including scour countermeasures, seismic retrofits,
impact protection measures, security countermeasures, and
protection against extreme events) of bridges on the
National Highway System.
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‘‘(C) Construction, replacement (including replacement
with fill material), rehabilitation, preservation, and protection (including impact protection measures, security
countermeasures, and protection against extreme events)
of tunnels on the National Highway System.
‘‘(D) Inspection and evaluation, as described in section
144, of bridges and tunnels on the National Highway
System, and inspection and evaluation of other highway
infrastructure assets on the National Highway System,
including signs and sign structures, earth retaining walls,
and drainage structures.
‘‘(E) Training of bridge and tunnel inspectors, as
described in section 144.
‘‘(F) Construction, rehabilitation, or replacement of
existing ferry boats and ferry boat facilities, including
approaches, that connect road segments of the National
Highway System.
‘‘(G) Construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, and operational
improvements for, a Federal-aid highway not on the
National Highway System, and construction of a transit
project eligible for assistance under chapter 53 of title
49, if—
‘‘(i) the highway project or transit project is in
the same corridor as, and in proximity to, a fully
access-controlled highway designated as a part of the
National Highway System;
‘‘(ii) the construction or improvements will reduce
delays or produce travel time savings on the fully
access-controlled highway described in clause (i) and
improve regional traffic flow; and
‘‘(iii) the construction or improvements are more
cost-effective, as determined by benefit-cost analysis,
than an improvement to the fully access-controlled
highway described in clause (i).
‘‘(H) Bicycle transportation and pedestrian walkways
in accordance with section 217.
‘‘(I) Highway safety improvements for segments of the
National Highway System.
‘‘(J) Capital and operating costs for traffic and traveler
information monitoring, management, and control facilities
and programs.
‘‘(K) Development and implementation of a State asset
management plan for the National Highway System in
accordance with this section, including data collection,
maintenance, and integration and the cost associated with
obtaining, updating, and licensing software and equipment
required for risk-based asset management and performance-based management.
‘‘(L) Infrastructure-based intelligent transportation systems capital improvements.
‘‘(M) Environmental restoration and pollution abatement in accordance with section 328.
‘‘(N) Control of noxious weeds and aquatic noxious
weeds and establishment of native species in accordance
with section 329.
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‘‘(O) Environmental mitigation efforts related to
projects funded under this section, as described in subsection (g).
‘‘(P) Construction of publicly owned intracity or intercity bus terminals servicing the National Highway System.
‘‘(e) STATE PERFORMANCE MANAGEMENT.—
‘‘(1) IN GENERAL.—A State shall develop a risk-based asset
management plan for the National Highway System to improve
or preserve the condition of the assets and the performance
of the system.
‘‘(2) PERFORMANCE DRIVEN PLAN.—A State asset management plan shall include strategies leading to a program of
projects that would make progress toward achievement of the
State targets for asset condition and performance of the
National Highway System in accordance with section 150(d)
and supporting the progress toward the achievement of the
national goals identified in section 150(b).
‘‘(3) SCOPE.—In developing a risk-based asset management
plan, the Secretary shall encourage States to include all infrastructure assets within the right-of-way corridor in such plan.
‘‘(4) PLAN CONTENTS.—A State asset management plan
shall, at a minimum, be in a form that the Secretary determines
to be appropriate and include—
‘‘(A) a summary listing of the pavement and bridge
assets on the National Highway System in the State,
including a description of the condition of those assets;
‘‘(B) asset management objectives and measures;
‘‘(C) performance gap identification;
‘‘(D) lifecycle cost and risk management analysis;
‘‘(E) a financial plan; and
‘‘(F) investment strategies.
‘‘(5) REQUIREMENT FOR PLAN.—Notwithstanding section
120, with respect to the second fiscal year beginning after
the date of establishment of the process established in paragraph (8) or any subsequent fiscal year, if the Secretary determines that a State has not developed and implemented a State
asset management plan consistent with this section, the Federal
share payable on account of any project or activity carried
out by the State in that fiscal year under this section shall
be 65 percent.
‘‘(6) CERTIFICATION OF PLAN DEVELOPMENT PROCESS.—
‘‘(A) IN GENERAL.—Not later than 90 days after the
date on which a State submits a request for approval
of the process used by the State to develop the State
asset management plan for the National Highway System,
the Secretary shall—
‘‘(i) review the process; and
‘‘(ii)(I) certify that the process meets the requirements established by the Secretary; or
‘‘(II) deny certification and specify actions necessary for the State to take to correct deficiencies in
the State process.
‘‘(B) RECERTIFICATION.—Not less frequently than once
every 4 years, the Secretary shall review and recertify
that the process used by a State to develop and maintain
the State asset management plan for the National Highway
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System meets the requirements for the process, as established by the Secretary.
‘‘(C) OPPORTUNITY TO CURE.—If the Secretary denies
certification under subparagraph (A), the Secretary shall
provide the State with—
‘‘(i) not less than 90 days to cure the deficiencies
of the plan, during which time period all penalties
and other legal impacts of a denial of certification
shall be stayed; and
‘‘(ii) a written statement of the specific actions
the Secretary determines to be necessary for the State
to cure the plan.
‘‘(7) PERFORMANCE ACHIEVEMENT.—A State that does not
achieve or make significant progress toward achieving the targets of the State for performance measures described in section
150(d) for the National Highway System for 2 consecutive
reports submitted under this paragraph shall include in the
next report submitted a description of the actions the State
will undertake to achieve the targets.
‘‘(8) PROCESS.—Not later than 18 months after the date
of enactment of the MAP–21, the Secretary shall, by regulation
and in consultation with State departments of transportation,
establish the process to develop the State asset management
plan described in paragraph (1).
‘‘(f) INTERSTATE SYSTEM AND NHS BRIDGE CONDITIONS.—
‘‘(1) CONDITION OF INTERSTATE SYSTEM.—
‘‘(A) PENALTY.—If, during 2 consecutive reporting
periods, the condition of the Interstate System, excluding
bridges on the Interstate System, in a State falls below
the minimum condition level established by the Secretary
under section 150(c)(3), the State shall be required, during
the following fiscal year—
‘‘(i) to obligate, from the amounts apportioned to
the State under section 104(b)(1), an amount that is
not less than the amount of funds apportioned to the
State for fiscal year 2009 under the Interstate maintenance program for the purposes described in this section (as in effect on the day before the date of enactment of the MAP–21), except that for each year after
fiscal year 2013, the amount required to be obligated
under this clause shall be increased by 2 percent over
the amount required to be obligated in the previous
fiscal year; and
‘‘(ii) to transfer, from the amounts apportioned to
the State under section 104(b)(2) (other than amounts
suballocated to metropolitan areas and other areas
of the State under section 133(d)) to the apportionment
of the State under section 104(b)(1), an amount equal
to 10 percent of the amount of funds apportioned to
the State for fiscal year 2009 under the Interstate
maintenance program for the purposes described in
this section (as in effect on the day before the date
of enactment of the MAP–21).
‘‘(B) RESTORATION.—The obligation requirement for the
Interstate System in a State required by subparagraph
(A) for a fiscal year shall remain in effect for each subsequent fiscal year until such time as the condition of the
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Interstate System in the State exceeds the minimum condition level established by the Secretary.
‘‘(2) CONDITION OF NHS BRIDGES.—
‘‘(A) PENALTY.—If the Secretary determines that, for
the 3-year-period preceding the date of the determination,
more than 10 percent of the total deck area of bridges
in the State on the National Highway System is located
on bridges that have been classified as structurally deficient, an amount equal to 50 percent of funds apportioned
to such State for fiscal year 2009 to carry out section
144 (as in effect the day before enactment of MAP–21)
shall be set aside from amounts apportioned to a State
for a fiscal year under section 104(b)(1) only for eligible
projects on bridges on the National Highway System.
‘‘(B) RESTORATION.—The set-aside requirement for
bridges on the National Highway System in a State under
subparagraph (A) for a fiscal year shall remain in effect
for each subsequent fiscal year until such time as less
than 10 percent of the total deck area of bridges in the
State on the National Highway System is located on bridges
that have been classified as structurally deficient, as determined by the Secretary.
‘‘(g) ENVIRONMENTAL MITIGATION.—
‘‘(1) ELIGIBLE ACTIVITIES.—In accordance with all applicable
Federal law (including regulations), environmental mitigation
efforts referred to in subsection (d)(2)(O) include participation
in natural habitat and wetlands mitigation efforts relating to
projects funded under this title, which may include—
‘‘(A) participation in mitigation banking or other thirdparty mitigation arrangements, such as—
‘‘(i) the purchase of credits from commercial mitigation banks;
‘‘(ii) the establishment and management of agencysponsored mitigation banks; and
‘‘(iii) the purchase of credits or establishment of
in-lieu fee mitigation programs;
‘‘(B) contributions to statewide and regional efforts to
conserve, restore, enhance, and create natural habitats and
wetlands; and
‘‘(C) the development of statewide and regional environmental protection plans, including natural habitat and wetland conservation and restoration plans.
‘‘(2) INCLUSION OF OTHER ACTIVITIES.—The banks, efforts,
and plans described in paragraph (1) include any such banks,
efforts, and plans developed in accordance with applicable law
(including regulations).
‘‘(3) TERMS AND CONDITIONS.—The following terms and
conditions apply to natural habitat and wetlands mitigation
efforts under this subsection:
‘‘(A) Contributions to the mitigation effort may—
‘‘(i) take place concurrent with, or in advance of,
commitment of funding under this title to a project
or projects; and
‘‘(ii) occur in advance of project construction only
if the efforts are consistent with all applicable requirements of Federal law (including regulations) and State
transportation planning processes.
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‘‘(B) Credits from any agency-sponsored mitigation
bank that are attributable to funding under this section
may be used only for projects funded under this title,
unless the agency pays to the Secretary an amount equal
to the Federal funds attributable to the mitigation bank
credits the agency uses for purposes other than mitigation
of a project funded under this title.
‘‘(4) PREFERENCE.—At the discretion of the project sponsor,
preference shall be given, to the maximum extent practicable,
to mitigating an environmental impact through the use of a
mitigation bank, in-lieu fee, or other third-party mitigation
arrangement, if the use of credits from the mitigation bank
or in-lieu fee, or the other third-party mitigation arrangement
for the project, is approved by the applicable Federal agency.’’.
(b) TRANSITION PERIOD.—
(1) IN GENERAL.—Except as provided in paragraph (2), until
such date as a State has in effect an approved asset management plan and has established performance targets as described
in sections 119 and 150 of title 23, United States Code, that
will contribute to achieving the national goals for the condition
and performance of the National Highway System, but not
later than 18 months after the date on which the Secretary
promulgates the final regulation required under section 150(c)
of that title, the Secretary shall approve obligations of funds
apportioned to a State to carry out the national highway
performance program under section 119 of that title, for projects
that otherwise meet the requirements of that section.
(2) EXTENSION.—The Secretary may extend the transition
period for a State under paragraph (1) if the Secretary determines that the State has made a good faith effort to establish
an asset management plan and performance targets referred
to in that paragraph.
(c) CONFORMING AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 119 and inserting the following:
23 USC 119 note.
Deadline.
‘‘119. National highway performance program.’’.
SEC. 1107. EMERGENCY RELIEF.
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Section 125 of title 23, United States Code, is amended to
read as follows:
‘‘§ 125. Emergency relief
‘‘(a) IN GENERAL.—Subject to this section and section 120, an
emergency fund is authorized for expenditure by the Secretary
for the repair or reconstruction of highways, roads, and trails,
in any area of the United States, including Indian reservations,
that the Secretary finds have suffered serious damage as a result
of—
‘‘(1) a natural disaster over a wide area, such as by a
flood, hurricane, tidal wave, earthquake, severe storm, or landslide; or
‘‘(2) catastrophic failure from any external cause.
‘‘(b) RESTRICTION ON ELIGIBILITY.—
‘‘(1) DEFINITION OF CONSTRUCTION PHASE.—In this subsection, the term ‘construction phase’ means the phase of physical construction of a highway or bridge facility that is separate
from any other identified phases, such as planning, design,
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126 STAT. 438
or right-of-way phases, in the State transportation improvement
program.
‘‘(2) RESTRICTION.—In no case shall funds be used under
this section for the repair or reconstruction of a bridge—
‘‘(A) that has been permanently closed to all vehicular
traffic by the State or responsible local official because
of imminent danger of collapse due to a structural deficiency or physical deterioration; or
‘‘(B) if a construction phase of a replacement structure
is included in the approved Statewide transportation
improvement program at the time of an event described
in subsection (a).
‘‘(c) FUNDING.—
‘‘(1) IN GENERAL.—Subject to the limitations described in
paragraph (2), there are authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
such sums as are necessary to establish the fund authorized
by this section and to replenish that fund on an annual basis.
‘‘(2) LIMITATIONS.—The limitations referred to in paragraph
(1) are that—
‘‘(A) not more than $100,000,000 is authorized to be
obligated in any 1 fiscal year commencing after September
30, 1980, to carry out this section, except that, if for any
fiscal year the total of all obligations under this section
is less than the amount authorized to be obligated for
the fiscal year, the unobligated balance of that amount
shall—
‘‘(i) remain available until expended; and
‘‘(ii) be in addition to amounts otherwise available
to carry out this section for each year; and
‘‘(B)(i) pending such appropriation or replenishment,
the Secretary may obligate from any funds appropriated
at any time for obligation in accordance with this title,
including existing Federal-aid appropriations, such sums
as are necessary for the immediate prosecution of the work
herein authorized; and
‘‘(ii) funds obligated under this subparagraph shall be
reimbursed from the appropriation or replenishment.
‘‘(d) ELIGIBILITY.—
‘‘(1) IN GENERAL.—The Secretary may expend funds from
the emergency fund authorized by this section only for the
repair or reconstruction of highways on Federal-aid highways
in accordance with this chapter, except that—
‘‘(A) no funds shall be so expended unless an emergency
has been declared by the Governor of the State with concurrence by the Secretary, unless the President has declared
the emergency to be a major disaster for the purposes
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) for which concurrence of the Secretary is not required; and
‘‘(B) the Secretary has received an application from
the State transportation department that includes a comprehensive list of all eligible project sites and repair costs
by not later than 2 years after the natural disaster or
catastrophic failure.
‘‘(2) COST LIMITATION.—
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‘‘(A) DEFINITION OF COMPARABLE FACILITY.—In this
paragraph, the term ‘comparable facility’ means a facility
that meets the current geometric and construction standards required for the types and volume of traffic that
the facility will carry over its design life.
‘‘(B) LIMITATION.—The total cost of a project funded
under this section may not exceed the cost of repair or
reconstruction of a comparable facility.
‘‘(3) DEBRIS REMOVAL.—The costs of debris removal shall
be an eligible expense under this section only for—
‘‘(A) an event not declared a major disaster or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.); or
‘‘(B) an event declared a major disaster or emergency
by the President under that Act if the debris removal
is not eligible for assistance under section 403, 407, or
502 of that Act (42 U.S.C. 5170b, 5173, 5192).
‘‘(4) TERRITORIES.—The total obligations for projects under
this section for any fiscal year in the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands shall not exceed $20,000,000.
‘‘(5) SUBSTITUTE TRAFFIC.—Notwithstanding any other
provision of this section, actual and necessary costs of maintenance and operation of ferryboats or additional transit service
providing temporary substitute highway traffic service, less
the amount of fares charged for comparable service, may be
expended from the emergency fund authorized by this section
for Federal-aid highways.
‘‘(e) TRIBAL TRANSPORTATION FACILITIES, FEDERAL LANDS
TRANSPORTATION FACILITIES, AND PUBLIC ROADS ON FEDERAL
LANDS.—
‘‘(1) DEFINITION OF OPEN TO PUBLIC TRAVEL.—In this subsection, the term ‘open to public travel’ means, with respect
to a road, that, except during scheduled periods, extreme
weather conditions, or emergencies, the road is open to the
general public for use with a standard passenger vehicle, without restrictive gates or prohibitive signs or regulations, other
than for general traffic control or restrictions based on size,
weight, or class of registration.
‘‘(2) EXPENDITURE OF FUNDS.—Notwithstanding subsection
(d)(1), the Secretary may expend funds from the emergency
fund authorized by this section, independently or in cooperation
with any other branch of the Federal Government, a State
agency, a tribal government, an organization, or a person, for
the repair or reconstruction of tribal transportation facilities,
Federal lands transportation facilities, and other federally
owned roads that are open to public travel, whether or not
those facilities are Federal-aid highways.
‘‘(3) REIMBURSEMENT.—
‘‘(A) IN GENERAL.—The Secretary may reimburse Federal and State agencies (including political subdivisions)
for expenditures made for projects determined eligible
under this section, including expenditures for emergency
repairs made before a determination of eligibility.
‘‘(B) TRANSFERS.—With respect to reimbursements
described in subparagraph (A)—
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‘‘(i) those reimbursements to Federal agencies and
Indian tribal governments shall be transferred to the
account from which the expenditure was made, or to
a similar account that remains available for obligation;
and
‘‘(ii) the budget authority associated with the
expenditure shall be restored to the agency from which
the authority was derived and shall be available for
obligation until the end of the fiscal year following
the year in which the transfer occurs.
‘‘(f) TREATMENT OF TERRITORIES.—For purposes of this section,
the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be considered to
be States and parts of the United States, and the chief executive
officer of each such territory shall be considered to be a Governor
of a State.
‘‘(g) PROTECTING PUBLIC SAFETY AND MAINTAINING ROADWAYS.—The Secretary may use not more than 5 percent of amounts
from the emergency fund authorized by this section to carry out
projects that the Secretary determines are necessary to protect
the public safety or to maintain or protect roadways that are
included within the scope of an emergency declaration by the Governor of the State or by the President, in accordance with this
section, and the Governor deems to be an ongoing concern in order
to maintain vehicular traffic on the roadway.’’.
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SEC. 1108. SURFACE TRANSPORTATION PROGRAM.
(a) ELIGIBLE PROJECTS.—Section 133(b) of title 23, United
States Code, is amended—
(1) in the matter preceding paragraph (1) by striking ‘‘section 104(b)(3)’’ and inserting ‘‘section 104(b)(2)’’;
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) through (15) as paragraphs (5) through (18), respectively;
(4) by inserting before paragraph (5) (as so redesignated)
the following:
‘‘(1) Construction, reconstruction, rehabilitation, resurfacing, restoration, preservation, or operational improvements
for highways, including construction of designated routes of
the Appalachian development highway system and local access
roads under section 14501 of title 40.
‘‘(2) Replacement (including replacement with fill material),
rehabilitation, preservation, protection (including painting,
scour countermeasures, seismic retrofits, impact protection
measures, security countermeasures, and protection against
extreme events) and application of calcium magnesium acetate,
sodium acetate/formate, or other environmentally acceptable,
minimally corrosive anti-icing and deicing compositions for
bridges (and approaches to bridges and other elevated structures) and tunnels on public roads of all functional classifications, including any such construction or reconstruction necessary to accommodate other transportation modes.
‘‘(3) Construction of a new bridge or tunnel at a new location on a Federal-aid highway.
‘‘(4) Inspection and evaluation of bridges and tunnels and
training of bridge and tunnel inspectors (as defined in section
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144), and inspection and evaluation of other highway assets
(including signs, retaining walls, and drainage structures).’’;
(5) by striking paragraph (6) (as so redesignated) and
inserting the following:
‘‘(6) Carpool projects, fringe and corridor parking facilities
and programs, including electric vehicle and natural gas vehicle
infrastructure in accordance with section 137, bicycle transportation and pedestrian walkways in accordance with section
217, and the modifications of public sidewalks to comply with
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.).’’;
(6) by striking paragraph (7) (as so redesignated) and
inserting the following:
‘‘(7) Highway and transit safety infrastructure improvements and programs, installation of safety barriers and nets
on bridges, hazard eliminations, projects to mitigate hazards
caused by wildlife, and railway-highway grade crossings.’’;
(7) in paragraph (11) (as so redesignated) by striking
‘‘enhancement activities’’ and inserting ‘‘alternatives’’;
(8) by striking paragraph (14) (as so redesignated) and
inserting the following:
‘‘(14) Environmental mitigation efforts relating to projects
funded under this title in the same manner and to the same
extent as such activities are eligible under section 119(g).’’;
and
(9) by inserting after paragraph (18) (as so redesignated)
the following:
‘‘(19) Projects and strategies designed to support congestion
pricing, including electric toll collection and travel demand
management strategies and programs.
‘‘(20) Recreational trails projects eligible for funding under
section 206.
‘‘(21) Construction of ferry boats and ferry terminal facilities eligible for funding under section 129(c).
‘‘(22) Border infrastructure projects eligible for funding
under section 1303 of the SAFETEA–LU (23 U.S.C. 101 note;
Public Law 109–59).
‘‘(23) Truck parking facilities eligible for funding under
section 1401 of the MAP–21.
‘‘(24) Development and implementation of a State asset
management plan for the National Highway System in accordance with section 119, including data collection, maintenance,
and integration and the costs associated with obtaining,
updating, and licensing software and equipment required for
risk based asset management and performance based management, and for similar activities related to the development
and implementation of a performance based management program for other public roads.
‘‘(25) A project that, if located within the boundaries of
a port terminal, includes only such surface transportation infrastructure modifications as are necessary to facilitate direct
intermodal interchange, transfer, and access into and out of
the port.
‘‘(26) Construction and operational improvements for any
minor collector if—
‘‘(A) the minor collector, and the project to be carried
out with respect to the minor collector, are in the same
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corridor as, and in proximity to, a Federal-aid highway
designated as part of the National Highway System;
‘‘(B) the construction or improvements will enhance
the level of service on the Federal-aid highway described
in subparagraph (A) and improve regional traffic flow; and
‘‘(C) the construction or improvements are more costeffective, as determined by a benefit-cost analysis, than
an improvement to the Federal-aid highway described in
subparagraph (A).’’.
(b) LOCATION OF PROJECTS.—Section 133 of title 23, United
States Code, is amended by striking subsection (c) and inserting
the following:
‘‘(c) LOCATION OF PROJECTS.—Surface transportation program
projects may not be undertaken on roads functionally classified
as local or rural minor collectors unless the roads were on a Federalaid highway system on January 1, 1991, except—
‘‘(1) as provided in subsection (g);
‘‘(2) for projects described in paragraphs (2), (4), (6), (7),
(11), (20), (25), and (26) of subsection (b); and
‘‘(3) as approved by the Secretary.’’.
(c) ALLOCATION OF APPORTIONED FUNDS.—Section 133 of the
title 23, United States Code, is amended by striking subsection
(d) and inserting the following:
‘‘(d) ALLOCATIONS OF APPORTIONED FUNDS TO AREAS BASED
ON POPULATION.—
‘‘(1) CALCULATION.—Of the funds apportioned to a State
under section 104(b)(2)—
‘‘(A) 50 percent for a fiscal year shall be obligated
under this section, in proportion to their relative shares
of the population of the State—
‘‘(i) in urbanized areas of the State with an urbanized area population of over 200,000;
‘‘(ii) in areas of the State other than urban areas
with a population greater than 5,000; and
‘‘(iii) in other areas of the State; and
‘‘(B) 50 percent may be obligated in any area of the
State.
‘‘(2) METROPOLITAN AREAS.—Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the
metropolitan area established under section 134 that encompasses the urbanized area.
‘‘(3) CONSULTATION WITH REGIONAL TRANSPORTATION PLANNING ORGANIZATIONS.—For purposes of paragraph (1)(A)(ii),
before obligating funding attributed to an area with a population greater than 5,000 and less than 200,000, a State shall
consult with the regional transportation planning organizations
that represent the area, if any.
‘‘(4) DISTRIBUTION AMONG URBANIZED AREAS OF OVER 200,000
POPULATION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the amount of funds that a State is required to obligate
under paragraph (1)(A)(i) shall be obligated in urbanized
areas described in paragraph (1)(A)(i) based on the relative
population of the areas.
‘‘(B) OTHER FACTORS.—The State may obligate the
funds described in subparagraph (A) based on other factors
if the State and the relevant metropolitan planning
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organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request.
‘‘(5) APPLICABILITY OF PLANNING REQUIREMENTS.—Programming and expenditure of funds for projects under this section
shall be consistent with sections 134 and 135.’’.
(d) ADMINISTRATION.—Section 133 of title 23, United States
Code, is amended by striking subsection (e) and inserting the following:
‘‘(e) ADMINISTRATION.—
‘‘(1) SUBMISSION OF PROJECT AGREEMENT.—For each fiscal
year, each State shall submit a project agreement that—
‘‘(A) certifies that the State will meet all the requirements of this section; and
‘‘(B) notifies the Secretary of the amount of obligations
needed to carry out the program under this section.
‘‘(2) REQUEST FOR ADJUSTMENTS OF AMOUNTS.—Each State
shall request from the Secretary such adjustments to the
amount of obligations referred to in paragraph (1)(B) as the
State determines to be necessary.
‘‘(3) EFFECT OF APPROVAL BY THE SECRETARY.—Approval
by the Secretary of a project agreement under paragraph (1)
shall be deemed a contractual obligation of the United States
to pay surface transportation program funds made available
under this title.’’.
(e) OBLIGATION AUTHORITY.—Section 133(f)(1) of title 23, United
States Code, is amended by striking ‘‘2004 through 2006 and the
period of fiscal years 2007 through 2009’’ and inserting ‘‘2011
through 2014’’.
(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.—Section 133 of
the title 23, United States Code, is amended by adding at the
end the following:
‘‘(g) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.—
‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In this subsection,
the term ‘off-system bridge’ means a highway bridge located
on a public road, other than a bridge on a Federal-aid highway.
‘‘(2) SPECIAL RULE.—
‘‘(A) SET-ASIDE.—Of the amounts apportioned to a State
for fiscal year 2013 and each fiscal year thereafter under
this section, the State shall obligate for activities described
in subsection (b)(2) for off-system bridges an amount that
is not less than 15 percent of the amount of funds apportioned to the State for the highway bridge program for
fiscal year 2009, except that amounts allocated under subsection (d) shall not be obligated to carry out this subsection.
‘‘(B) REDUCTION OF EXPENDITURES.—The Secretary,
after consultation with State and local officials, may reduce
the requirement for expenditures for off-system bridges
under subparagraph (A) with respect to the State if the
Secretary determines that the State has inadequate needs
to justify the expenditure.
‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-AID HIGHWAYS.—
Notwithstanding any other provision of law, with respect to
any project not on a Federal-aid highway for the replacement
of a bridge or rehabilitation of a bridge that is wholly funded
from State and local sources, is eligible for Federal funds under
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Notification.
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this section, is noncontroversial, is certified by the State to
have been carried out in accordance with all standards
applicable to such projects under this section, and is determined
by the Secretary upon completion to be no longer a deficient
bridge—
‘‘(A) any amount expended after the date of enactment
of this subsection from State and local sources for the
project in excess of 20 percent of the cost of construction
of the project may be credited to the non-Federal share
of the cost of other bridge projects in the State that are
eligible for Federal funds under this section; and
‘‘(B) that crediting shall be conducted in accordance
with procedures established by the Secretary.
‘‘(h) SPECIAL RULE FOR AREAS OF LESS THAN 5,000 POPULATION.—
‘‘(1) SPECIAL RULE.—Notwithstanding subsection (c), and
except as provided in paragraph (2), up to 15 percent of the
amounts required to be obligated by a State under subsection
(d)(1)(A)(iii) for each of fiscal years 2013 through 2014 may
be obligated on roads functionally classified as minor collectors.
‘‘(2) SUSPENSION.—The Secretary may suspend the application of paragraph (1) with respect to a State if the Secretary
determines that the authority provided under paragraph (1)
is being used excessively by the State.’’.
SEC. 1109. WORKFORCE DEVELOPMENT.
(a) ON-THE-JOB TRAINING.—Section 140(b) of title 23, United
States Code, is amended—
(1) in the second sentence, by striking ‘‘Whenever apportionments are made under section 104(b)(3) of this title,’’ and
inserting ‘‘From administrative funds made available under
section 104(a),’’; and
(2) in the fourth sentence, by striking ‘‘and the bridge
program under section 144’’.
(b) DISADVANTAGED BUSINESS ENTERPRISE.—Section 140(c) of
title 23, United States Code, is amended in the second sentence
by striking ‘‘Whenever apportionments are made under section
104(b)(3),’’ and inserting ‘‘From administrative funds made available
under section 104(a),’’.
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SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.
Section 143 of title 23, United States Code, is amended—
(1) in subsection (b)—
(A) by striking paragraph (2) and inserting the following:
‘‘(2) FUNDING.—
‘‘(A) IN GENERAL.—From administrative funds made
available under section 104(a), the Secretary shall deduct
such sums as are necessary, not to exceed $10,000,000
for each of fiscal years 2013 and 2014, to carry out this
section.
‘‘(B) ALLOCATION OF FUNDS.—Funds made available
to carry out this section may be allocated to the Internal
Revenue Service and the States at the discretion of the
Secretary, except that of funds so made available for each
fiscal year, $2,000,000 shall be available only to carry
out intergovernmental enforcement efforts, including
research and training.’’; and
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(B) in paragraph (8) by striking ‘‘section 104(b)(3)’’
and inserting ‘‘section 104(b)(2)’’; and
(2) in subsection (c)(3) by striking ‘‘for each of fiscal years
2005 through 2009,’’ and inserting ‘‘for each fiscal year,’’.
SEC. 1111. NATIONAL BRIDGE AND TUNNEL INVENTORY AND INSPECTION STANDARDS.
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(a) IN GENERAL.—Section 144 of title 23, United States Code,
is amended to read as follows:
‘‘§ 144. National bridge and tunnel inventory and inspection
standards
‘‘(a) FINDINGS AND DECLARATIONS.—
‘‘(1) FINDINGS.—Congress finds that—
‘‘(A) the condition of the bridges of the United States
has improved since the date of enactment of the Transportation Equity Act for the 21st Century (Public Law 105–
178; 112 Stat. 107), yet continued improvement to bridge
conditions is essential to protect the safety of the traveling
public and allow for the efficient movement of people and
goods on which the economy of the United States relies;
and
‘‘(B) the systematic preventative maintenance of
bridges, and replacement and rehabilitation of deficient
bridges, should be undertaken through an overall asset
management approach to transportation investment.
‘‘(2) DECLARATIONS.—Congress declares that it is in the
vital interest of the United States—
‘‘(A) to inventory, inspect, and improve the condition
of the highway bridges and tunnels of the United States;
‘‘(B) to use a data-driven, risk-based approach and
cost-effective strategy for systematic preventative maintenance, replacement, and rehabilitation of highway bridges
and tunnels to ensure safety and extended service life;
‘‘(C) to use performance-based bridge management systems to assist States in making timely investments;
‘‘(D) to ensure accountability and link performance outcomes to investment decisions; and
‘‘(E) to ensure connectivity and access for residents
of rural areas of the United States through strategic investments in National Highway System bridges and bridges
on all public roads.
‘‘(b) NATIONAL BRIDGE AND TUNNEL INVENTORIES.—The Secretary, in consultation with the States and Federal agencies with
jurisdiction over highway bridges and tunnels, shall—
‘‘(1) inventory all highway bridges on public roads, on and
off Federal-aid highways, including tribally owned and Federally owned bridges, that are bridges over waterways, other
topographical barriers, other highways, and railroads;
‘‘(2) inventory all tunnels on public roads, on and off Federal-aid highways, including tribally owned and Federally
owned tunnels;
‘‘(3) classify the bridges according to serviceability, safety,
and essentiality for public use, including the potential impacts
to emergency evacuation routes and to regional and national
freight and passenger mobility if the serviceability of the bridge
is restricted or diminished;
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‘‘(4) based on that classification, assign each a risk-based
priority for systematic preventative maintenance, replacement,
or rehabilitation; and
‘‘(5) determine the cost of replacing each structurally deficient bridge identified under this subsection with a comparable
facility or the cost of rehabilitating the bridge.
‘‘(c) GENERAL BRIDGE AUTHORITY.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2)
and notwithstanding any other provision of law, the General
Bridge Act of 1946 (33 U.S.C. 525 et seq.) shall apply to bridges
authorized to be replaced, in whole or in part, by this title.
‘‘(2) EXCEPTION.—Section 502(b) of the General Bridge Act
of 1946 (33 U.S.C. 525(b)) and section 9 of the Act of March
3, 1899 (33 U.S.C. 401), shall not apply to any bridge constructed, reconstructed, rehabilitated, or replaced with assistance under this title, if the bridge is over waters that—
‘‘(A) are not used and are not susceptible to use in
the natural condition of the bridge or by reasonable
improvement as a means to transport interstate or foreign
commerce; and
‘‘(B) are—
‘‘(i) not tidal; or
‘‘(ii) if tidal, used only by recreational boating,
fishing, and other small vessels that are less than
21 feet in length.
‘‘(d) INVENTORY UPDATES AND REPORTS.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) annually revise the inventories authorized by subsection (b); and
‘‘(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report on the inventories.
‘‘(2) INSPECTION REPORT.—Not later than 2 years after the
date of enactment of the MAP–21, each State and appropriate
Federal agency shall report element level data to the Secretary,
as each bridge is inspected pursuant to this section, for all
highway bridges on the National Highway System.
‘‘(3) GUIDANCE.—The Secretary shall provide guidance to
States and Federal agencies for implementation of this subsection, while respecting the existing inspection schedule of
each State.
‘‘(4) BRIDGES NOT ON NATIONAL HIGHWAY SYSTEM.—The
Secretary shall—
‘‘(A) conduct a study on the benefits, cost-effectiveness,
and feasibility of requiring element-level data collection
for bridges not on the National Highway System; and
‘‘(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report on the results of the study.
‘‘(e) BRIDGES WITHOUT TAXING POWERS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, any bridge that is owned and operated by an agency
that does not have taxing powers and whose functions include
operating a federally assisted public transit system subsidized
by toll revenues shall be eligible for assistance under this
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title, but the amount of such assistance shall in no event
exceed the cumulative amount which such agency has expended
for capital and operating costs to subsidize such transit system.
‘‘(2) INSUFFICIENT ASSETS.—Before authorizing an expenditure of funds under this subsection, the Secretary shall determine that the applicant agency has insufficient reserves, surpluses, and projected revenues (over and above those required
for bridge and transit capital and operating costs) to fund
the bridge project or activity eligible for assistance under this
title.
‘‘(3) CREDITING OF NON-FEDERAL FUNDS.—Any non-Federal
funds expended for the seismic retrofit of the bridge may be
credited toward the non-Federal share required as a condition
of receipt of any Federal funds for seismic retrofit of the bridge
made available after the date of the expenditure.
‘‘(f) REPLACEMENT OF DESTROYED BRIDGES AND FERRY BOAT
SERVICE.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, a State may use the funds apportioned under section
104(b)(2) to construct any bridge that replaces—
‘‘(A) any low water crossing (regardless of the length
of the low water crossing);
‘‘(B) any bridge that was destroyed prior to January
1, 1965;
‘‘(C) any ferry that was in existence on January 1,
1984; or
‘‘(D) any road bridge that is rendered obsolete as a
result of a Corps of Engineers flood control or channelization project and is not rebuilt with funds from the Corps
of Engineers.
‘‘(2) FEDERAL SHARE.—The Federal share payable on any
bridge construction carried out under paragraph (1) shall be
80 percent of the cost of the construction.
‘‘(g) HISTORIC BRIDGES.—
‘‘(1) DEFINITION OF HISTORIC BRIDGE.—In this subsection,
the term ‘historic bridge’ means any bridge that is listed on,
or eligible for listing on, the National Register of Historic
Places.
‘‘(2) COORDINATION.—The Secretary shall, in cooperation
with the States, encourage the retention, rehabilitation,
adaptive reuse, and future study of historic bridges.
‘‘(3) STATE INVENTORY.—The Secretary shall require each
State to complete an inventory of all bridges on and off Federalaid highways to determine the historic significance of the
bridges.
‘‘(4) ELIGIBILITY.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), reasonable costs associated with actions to preserve, or reduce
the impact of a project under this chapter on, the historic
integrity of a historic bridge shall be eligible as reimbursable project costs under section 133 if the load capacity
and safety features of the historic bridge are adequate
to serve the intended use for the life of the historic bridge.
‘‘(B) BRIDGES NOT USED FOR VEHICLE TRAFFIC.—In the
case of a historic bridge that is no longer used for motorized
vehicular traffic, the costs eligible as reimbursable project
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Reports.
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costs pursuant to this chapter shall not exceed the estimated cost of demolition of the historic bridge.
‘‘(5) PRESERVATION.—Any State that proposes to demolish
a historic bridge for a replacement project with funds made
available to carry out this section shall first make the historic
bridge available for donation to a State, locality, or responsible
private entity if the State, locality, or responsible entity enters
into an agreement—
‘‘(A) to maintain the bridge and the features that give
the historic bridge its historic significance; and
‘‘(B) to assume all future legal and financial responsibility for the historic bridge, which may include an agreement to hold the State transportation department harmless
in any liability action.
‘‘(6) COSTS INCURRED.—
‘‘(A) IN GENERAL.—Costs incurred by the State to preserve a historic bridge (including funds made available
to the State, locality, or private entity to enable it to
accept the bridge) shall be eligible as reimbursable project
costs under this chapter in an amount not to exceed the
cost of demolition.
‘‘(B) ADDITIONAL FUNDING.—Any bridge preserved
pursuant to this paragraph shall not be eligible for any
other funds authorized pursuant to this title.
‘‘(h) NATIONAL BRIDGE AND TUNNEL INSPECTION STANDARDS.—
‘‘(1) REQUIREMENT.—
‘‘(A) IN GENERAL.—The Secretary shall establish and
maintain inspection standards for the proper inspection
and evaluation of all highway bridges and tunnels for safety
and serviceability.
‘‘(B) UNIFORMITY.—The standards under this subsection shall be designed to ensure uniformity of the inspections and evaluations.
‘‘(2) MINIMUM REQUIREMENTS OF INSPECTION STANDARDS.—
The standards established under paragraph (1) shall, at a minimum—
‘‘(A) specify, in detail, the method by which the inspections shall be carried out by the States, Federal agencies,
and tribal governments;
‘‘(B) establish the maximum time period between
inspections;
‘‘(C) establish the qualifications for those charged with
carrying out the inspections;
‘‘(D) require each State, Federal agency, and tribal
government to maintain and make available to the Secretary on request—
‘‘(i) written reports on the results of highway
bridge and tunnel inspections and notations of any
action taken pursuant to the findings of the inspections; and
‘‘(ii) current inventory data for all highway bridges
and tunnels reflecting the findings of the most recent
highway bridge and tunnel inspections conducted; and
‘‘(E) establish a procedure for national certification of
highway bridge inspectors and tunnel inspectors.
‘‘(3) STATE COMPLIANCE WITH INSPECTION STANDARDS.—The
Secretary shall, at a minimum—
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‘‘(A) establish, in consultation with the States, Federal
agencies, and interested and knowledgeable private
organizations and individuals, procedures to conduct
reviews of State compliance with—
‘‘(i) the standards established under this subsection; and
‘‘(ii) the calculation or reevaluation of bridge load
ratings; and
‘‘(B) establish, in consultation with the States, Federal
agencies, and interested and knowledgeable private
organizations and individuals, procedures for States to follow in reporting to the Secretary—
‘‘(i) critical findings relating to structural or safetyrelated deficiencies of highway bridges and tunnels;
and
‘‘(ii) monitoring activities and corrective actions
taken in response to a critical finding described in
clause (i).
‘‘(4) REVIEWS OF STATE COMPLIANCE.—
‘‘(A) IN GENERAL.—The Secretary shall annually review
State compliance with the standards established under this
section.
‘‘(B) NONCOMPLIANCE.—If an annual review in accordance with subparagraph (A) identifies noncompliance by
a State, the Secretary shall—
‘‘(i) issue a report detailing the issues of the noncompliance by December 31 of the calendar year in
which the review was made; and
‘‘(ii) provide the State an opportunity to address
the noncompliance by—
‘‘(I) developing a corrective action plan to
remedy the noncompliance; or
‘‘(II) resolving the issues of noncompliance not
later than 45 days after the date of notification.
‘‘(5) PENALTY FOR NONCOMPLIANCE.—
‘‘(A) IN GENERAL.—If a State fails to satisfy the requirements of paragraph (4)(B) by August 1 of the calendar
year following the year of a finding of noncompliance, the
Secretary shall, on October 1 of that year, and each year
thereafter as may be necessary, require the State to dedicate funds apportioned to the State under sections 119
and 133 after the date of enactment of the MAP–21 to
correct the noncompliance with the minimum inspection
standards established under this subsection.
‘‘(B) AMOUNT.—The amount of the funds to be directed
to correcting noncompliance in accordance with subparagraph (A) shall—
‘‘(i) be determined by the State based on an analysis of the actions needed to address the noncompliance; and
‘‘(ii) require approval by the Secretary.
‘‘(6) UPDATE OF STANDARDS.—Not later than 3 years after
the date of enactment of the MAP–21, the Secretary shall
update inspection standards to cover—
‘‘(A) the methodology, training, and qualifications for
inspectors; and
‘‘(B) the frequency of inspection.
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Reports.
Deadlines.
Reports.
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Deadlines.
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Deadline.
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‘‘(7) RISK-BASED APPROACH.—In carrying out the revisions
required by paragraph (6), the Secretary shall consider a riskbased approach to determining the frequency of bridge inspections.
‘‘(i) TRAINING PROGRAM FOR BRIDGE AND TUNNEL INSPECTORS.—
‘‘(1) IN GENERAL.—The Secretary, in cooperation with the
State transportation departments, shall maintain a program
designed to train appropriate personnel to carry out highway
bridge and tunnel inspections.
‘‘(2) REVISIONS.—The training program shall be revised
from time to time to take into account new and improved
techniques.
‘‘(j) AVAILABILITY OF FUNDS.—In carrying out this section—
‘‘(1) the Secretary may use funds made available to the
Secretary under sections 104(a) and 503;
‘‘(2) a State may use amounts apportioned to the State
under section 104(b)(1) and 104(b)(3);
‘‘(3) an Indian tribe may use funds made available to the
Indian tribe under section 202; and
‘‘(4) a Federal agency may use funds made available to
the agency under section 503.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 144 and inserting the following:
‘‘144. National bridge and tunnel inventory and inspection standards.’’.
SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
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(a) IN GENERAL.—Section 148 of title 23, United States Code,
is amended to read as follows:
‘‘§ 148. Highway safety improvement program
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) HIGH RISK RURAL ROAD.—The term ‘high risk rural
road’ means any roadway functionally classified as a rural
major or minor collector or a rural local road with significant
safety risks, as defined by a State in accordance with an
updated State strategic highway safety plan.
‘‘(2) HIGHWAY BASEMAP.—The term ‘highway basemap’
means a representation of all public roads that can be used
to geolocate attribute data on a roadway.
‘‘(3) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—The term
‘highway safety improvement program’ means projects, activities, plans, and reports carried out under this section.
‘‘(4) HIGHWAY SAFETY IMPROVEMENT PROJECT.—
‘‘(A) IN GENERAL.—The term ‘highway safety improvement project’ means strategies, activities, and projects on
a public road that are consistent with a State strategic
highway safety plan and—
‘‘(i) correct or improve a hazardous road location
or feature; or
‘‘(ii) address a highway safety problem.
‘‘(B) INCLUSIONS.—The term ‘highway safety improvement project’ includes, but is not limited to, a project for
1 or more of the following:
‘‘(i) An intersection safety improvement.
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‘‘(ii) Pavement and shoulder widening (including
addition of a passing lane to remedy an unsafe condition).
‘‘(iii) Installation of rumble strips or another
warning device, if the rumble strips or other warning
devices do not adversely affect the safety or mobility
of bicyclists and pedestrians, including persons with
disabilities.
‘‘(iv) Installation of a skid-resistant surface at an
intersection or other location with a high frequency
of crashes.
‘‘(v) An improvement for pedestrian or bicyclist
safety or safety of persons with disabilities.
‘‘(vi) Construction and improvement of a railwayhighway grade crossing safety feature, including
installation of protective devices.
‘‘(vii) The conduct of a model traffic enforcement
activity at a railway-highway crossing.
‘‘(viii) Construction of a traffic calming feature.
‘‘(ix) Elimination of a roadside hazard.
‘‘(x) Installation, replacement, and other improvement of highway signage and pavement markings, or
a project to maintain minimum levels of
retroreflectivity, that addresses a highway safety
problem consistent with a State strategic highway
safety plan.
‘‘(xi) Installation of a priority control system for
emergency vehicles at signalized intersections.
‘‘(xii) Installation of a traffic control or other
warning device at a location with high crash potential.
‘‘(xiii) Transportation safety planning.
‘‘(xiv) Collection, analysis, and improvement of
safety data.
‘‘(xv) Planning integrated interoperable emergency
communications equipment, operational activities, or
traffic enforcement activities (including police assistance) relating to work zone safety.
‘‘(xvi) Installation of guardrails, barriers (including
barriers between construction work zones and traffic
lanes for the safety of road users and workers), and
crash attenuators.
‘‘(xvii) The addition or retrofitting of structures
or other measures to eliminate or reduce crashes
involving vehicles and wildlife.
‘‘(xviii) Installation of yellow-green signs and signals at pedestrian and bicycle crossings and in school
zones.
‘‘(xix) Construction and operational improvements
on high risk rural roads.
‘‘(xx) Geometric improvements to a road for safety
purposes that improve safety.
‘‘(xxi) A road safety audit.
‘‘(xxii) Roadway safety infrastructure improvements consistent with the recommendations included
in the publication of the Federal Highway Administration entitled ‘Highway Design Handbook for Older
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Drivers and Pedestrians’ (FHWA–RD–01–103), dated
May 2001 or as subsequently revised and updated.
‘‘(xxiii) Truck parking facilities eligible for funding
under section 1401 of the MAP–21.
‘‘(xxiv) Systemic safety improvements.
‘‘(5) MODEL INVENTORY OF ROADWAY ELEMENTS.—The term
‘model inventory of roadway elements’ means the listing and
standardized coding by the Federal Highway Administration
of roadway and traffic data elements critical to safety management, analysis, and decisionmaking.
‘‘(6) PROJECT TO MAINTAIN MINIMUM LEVELS OF
RETROREFLECTIVITY.—The term ‘project to maintain minimum
levels of retroreflectivity’ means a project that is designed to
maintain a highway sign or pavement marking retroreflectivity
at or above the minimum levels prescribed in Federal or State
regulations.
‘‘(7) ROAD SAFETY AUDIT.—The term ‘road safety audit’
means a formal safety performance examination of an existing
or future road or intersection by an independent multidisciplinary audit team.
‘‘(8) ROAD USERS.—The term ‘road user’ means a motorist,
passenger, public transportation operator or user, truck driver,
bicyclist, motorcyclist, or pedestrian, including a person with
disabilities.
‘‘(9) SAFETY DATA.—
‘‘(A) IN GENERAL.—The term ‘safety data’ means crash,
roadway, and traffic data on a public road.
‘‘(B) INCLUSION.—The term ‘safety data’ includes, in
the case of a railway-highway grade crossing, the characteristics of highway and train traffic, licensing, and vehicle
data.
‘‘(10) SAFETY PROJECT UNDER ANY OTHER SECTION.—
‘‘(A) IN GENERAL.—The term ‘safety project under any
other section’ means a project carried out for the purpose
of safety under any other section of this title.
‘‘(B) INCLUSION.—The term ‘safety project under any
other section’ includes—
‘‘(i) a project consistent with the State strategic
highway safety plan that promotes the awareness of
the public and educates the public concerning highway
safety matters (including motorcycle safety);
‘‘(ii) a project to enforce highway safety laws; and
‘‘(iii) a project to provide infrastructure and infrastructure-related equipment to support emergency
services.
‘‘(11) STATE HIGHWAY SAFETY IMPROVEMENT PROGRAM.—
The term ‘State highway safety improvement program’ means
a program of highway safety improvement projects, activities,
plans and reports carried out as part of the Statewide transportation improvement program under section 135(g).
‘‘(12) STATE STRATEGIC HIGHWAY SAFETY PLAN.—The term
‘State strategic highway safety plan’ means a comprehensive
plan, based on safety data, developed by a State transportation
department that—
‘‘(A) is developed after consultation with—
‘‘(i) a highway safety representative of the Governor of the State;
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‘‘(ii) regional transportation planning organizations
and metropolitan planning organizations, if any;
‘‘(iii) representatives of major modes of transportation;
‘‘(iv) State and local traffic enforcement officials;
‘‘(v) a highway-rail grade crossing safety representative of the Governor of the State;
‘‘(vi) representatives conducting a motor carrier
safety program under section 31102, 31106, or 31309
of title 49;
‘‘(vii) motor vehicle administration agencies;
‘‘(viii) county transportation officials;
‘‘(ix) State representatives of nonmotorized users;
and
‘‘(x) other major Federal, State, tribal, and local
safety stakeholders;
‘‘(B) analyzes and makes effective use of State, regional,
local, or tribal safety data;
‘‘(C) addresses engineering, management, operation,
education, enforcement, and emergency services elements
(including integrated, interoperable emergency communications) of highway safety as key factors in evaluating highway projects;
‘‘(D) considers safety needs of, and high-fatality segments of, all public roads, including non-State-owned public
roads and roads on tribal land;
‘‘(E) considers the results of State, regional, or local
transportation and highway safety planning processes;
‘‘(F) describes a program of strategies to reduce or
eliminate safety hazards;
‘‘(G) is approved by the Governor of the State or a
responsible State agency;
‘‘(H) is consistent with section 135(g); and
‘‘(I) is updated and submitted to the Secretary for
approval as required under subsection (d)(2).
‘‘(13) SYSTEMIC SAFETY IMPROVEMENT.—The term ‘systemic
safety improvement’ means an improvement that is widely
implemented based on high-risk roadway features that are
correlated with particular crash types, rather than crash frequency.
‘‘(b) PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall carry out a highway
safety improvement program.
‘‘(2) PURPOSE.—The purpose of the highway safety improvement program shall be to achieve a significant reduction in
traffic fatalities and serious injuries on all public roads,
including non-State-owned public roads and roads on tribal
land.
‘‘(c) ELIGIBILITY.—
‘‘(1) IN GENERAL.—To obligate funds apportioned under section 104(b)(3) to carry out this section, a State shall have
in effect a State highway safety improvement program under
which the State—
‘‘(A) develops, implements, and updates a State strategic highway safety plan that identifies and analyzes highway safety problems and opportunities as provided in subsections (a)(12) and (d);
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‘‘(B) produces a program of projects or strategies to
reduce identified safety problems; and
‘‘(C) evaluates the strategic highway safety plan on
a regularly recurring basis in accordance with subsection
(d)(1) to ensure the accuracy of the data and priority of
proposed strategies.
‘‘(2) IDENTIFICATION AND ANALYSIS OF HIGHWAY SAFETY
PROBLEMS AND OPPORTUNITIES.—As part of the State highway
safety improvement program, a State shall—
‘‘(A) have in place a safety data system with the ability
to perform safety problem identification and countermeasure analysis—
‘‘(i) to improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the
safety data on all public roads, including non-Stateowned public roads and roads on tribal land in the
State;
‘‘(ii) to evaluate the effectiveness of data improvement efforts;
‘‘(iii) to link State data systems, including traffic
records, with other data systems within the State;
‘‘(iv) to improve the compatibility and interoperability of safety data with other State transportationrelated data systems and the compatibility and interoperability of State safety data systems with data systems of other States and national data systems;
‘‘(v) to enhance the ability of the Secretary to
observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances; and
‘‘(vi) to improve the collection of data on nonmotorized crashes;
‘‘(B) based on the analysis required by subparagraph
(A)—
‘‘(i) identify hazardous locations, sections, and elements (including roadside obstacles, railway-highway
crossing needs, and unmarked or poorly marked roads)
that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, and other highway
users;
‘‘(ii) using such criteria as the State determines
to be appropriate, establish the relative severity of
those locations, in terms of crashes (including crash
rates), fatalities, serious injuries, traffic volume levels,
and other relevant data;
‘‘(iii) identify the number of fatalities and serious
injuries on all public roads by location in the State;
‘‘(iv) identify highway safety improvement projects
on the basis of crash experience, crash potential, crash
rate, or other data-supported means; and
‘‘(v) consider which projects maximize opportunities to advance safety;
‘‘(C) adopt strategic and performance-based goals
that—
‘‘(i) address traffic safety, including behavioral and
infrastructure problems and opportunities on all public
roads;
‘‘(ii) focus resources on areas of greatest need; and
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 455
‘‘(iii) are coordinated with other State highway
safety programs;
‘‘(D) advance the capabilities of the State for safety
data collection, analysis, and integration in a manner
that—
‘‘(i) complements the State highway safety program
under chapter 4 and the commercial vehicle safety
plan under section 31102 of title 49;
‘‘(ii) includes all public roads, including public nonState-owned roads and roads on tribal land;
‘‘(iii) identifies hazardous locations, sections, and
elements on all public roads that constitute a danger
to motorists (including motorcyclists), bicyclists, pedestrians, persons with disabilities, and other highway
users;
‘‘(iv) includes a means of identifying the relative
severity of hazardous locations described in clause (iii)
in terms of crashes (including crash rate), serious
injuries, fatalities, and traffic volume levels; and
‘‘(v) improves the ability of the State to identify
the number of fatalities and serious injuries on all
public roads in the State with a breakdown by functional classification and ownership in the State;
‘‘(E)(i) determine priorities for the correction of hazardous road locations, sections, and elements (including
railway-highway crossing improvements), as identified
through safety data analysis;
‘‘(ii) identify opportunities for preventing the development of such hazardous conditions; and
‘‘(iii) establish and implement a schedule of highway
safety improvement projects for hazard correction and
hazard prevention; and
‘‘(F)(i) establish an evaluation process to analyze and
assess results achieved by highway safety improvement
projects carried out in accordance with procedures and
criteria established by this section; and
‘‘(ii) use the information obtained under clause (i) in
setting priorities for highway safety improvement projects.
‘‘(d) UPDATES TO STRATEGIC HIGHWAY SAFETY PLANS.—
‘‘(1) ESTABLISHMENT OF REQUIREMENTS.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of the MAP–21, the Secretary shall
establish requirements for regularly recurring State
updates of strategic highway safety plans.
‘‘(B) CONTENTS OF UPDATED STRATEGIC HIGHWAY
SAFETY PLANS.—In establishing requirements under this
subsection, the Secretary shall ensure that States take
into consideration, with respect to updated strategic highway safety plans—
‘‘(i) the findings of road safety audits;
‘‘(ii) the locations of fatalities and serious injuries;
‘‘(iii) the locations that do not have an empirical
history of fatalities and serious injuries, but possess
risk factors for potential crashes;
‘‘(iv) rural roads, including all public roads,
commensurate with fatality data;
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‘‘(v) motor vehicle crashes that include fatalities
or serious injuries to pedestrians and bicyclists;
‘‘(vi) the cost-effectiveness of improvements;
‘‘(vii) improvements to rail-highway grade
crossings; and
‘‘(viii) safety on all public roads, including nonState-owned public roads and roads on tribal land.
‘‘(2) APPROVAL OF UPDATED STRATEGIC HIGHWAY SAFETY
PLANS.—
‘‘(A) IN GENERAL.—Each State shall—
‘‘(i) update the strategic highway safety plans of
the State in accordance with the requirements established by the Secretary under this subsection; and
‘‘(ii) submit the updated plans to the Secretary,
along with a detailed description of the process used
to update the plan.
‘‘(B) REQUIREMENTS FOR APPROVAL.—The Secretary
shall not approve the process for an updated strategic
highway safety plan unless—
‘‘(i) the updated strategic highway safety plan is
consistent with the requirements of this subsection
and subsection (a)(12); and
‘‘(ii) the process used is consistent with the requirements of this subsection.
‘‘(3) PENALTY FOR FAILURE TO HAVE AN APPROVED UPDATED
STRATEGIC HIGHWAY SAFETY PLAN.—If a State does not have
an updated strategic highway safety plan with a process
approved by the Secretary by August 1 of the fiscal year beginning after the date of establishment of the requirements under
paragraph (1), the State shall not be eligible to receive any
additional limitation pursuant to the redistribution of the
limitation on obligations for Federal-aid highway and highway
safety construction programs that occurs after August 1 for
each succeeding fiscal year until the fiscal year during which
the plan is approved.
‘‘(e) ELIGIBLE PROJECTS.—
‘‘(1) IN GENERAL.—Funds apportioned to the State under
section 104(b)(3) may be obligated to carry out—
‘‘(A) any highway safety improvement project on any
public road or publicly owned bicycle or pedestrian pathway
or trail;
‘‘(B) as provided in subsection (g); or
‘‘(C) any project to maintain minimum levels of
retroreflectivity with respect to a public road, without
regard to whether the project is included in an applicable
State strategic highway safety plan.
‘‘(2) USE OF OTHER FUNDING FOR SAFETY.—
‘‘(A) EFFECT OF SECTION.—Nothing in this section prohibits the use of funds made available under other provisions of this title for highway safety improvement projects.
‘‘(B) USE OF OTHER FUNDS.—States are encouraged to
address the full scope of the safety needs and opportunities
of the States by using funds made available under other
provisions of this title (except a provision that specifically
prohibits that use).
‘‘(f) DATA IMPROVEMENT.—
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PUBLIC LAW 112–141—JULY 6, 2012
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‘‘(1) DEFINITION OF DATA IMPROVEMENT ACTIVITIES.—In this
subsection, the following definitions apply:
‘‘(A) IN GENERAL.—The term ‘data improvement activities’ means a project or activity to further the capacity
of a State to make more informed and effective safety
infrastructure investment decisions.
‘‘(B) INCLUSIONS.—The term ‘data improvement activities’ includes a project or activity—
‘‘(i) to create, update, or enhance a highway
basemap of all public roads in a State;
‘‘(ii) to collect safety data, including data identified
as part of the model inventory for roadway elements,
for creation of or use on a highway basemap of all
public roads in a State;
‘‘(iii) to store and maintain safety data in an electronic manner;
‘‘(iv) to develop analytical processes for safety data
elements;
‘‘(v) to acquire and implement roadway safety analysis tools; and
‘‘(vi) to support the collection, maintenance, and
sharing of safety data on all public roads and related
systems associated with the analytical usage of that
data.
‘‘(2) MODEL INVENTORY OF ROADWAY ELEMENTS.—The Secretary shall—
‘‘(A) establish a subset of the model inventory of roadway elements that are useful for the inventory of roadway
safety; and
‘‘(B) ensure that States adopt and use the subset to
improve data collection.
‘‘(g) SPECIAL RULES.—
‘‘(1) HIGH-RISK RURAL ROAD SAFETY.—If the fatality rate
on rural roads in a State increases over the most recent 2year period for which data are available, that State shall be
required to obligate in the next fiscal year for projects on
high risk rural roads an amount equal to at least 200 percent
of the amount of funds the State received for fiscal year 2009
for high risk rural roads under subsection (f) of this section,
as in effect on the day before the date of enactment of the
MAP–21.
‘‘(2) OLDER DRIVERS.—If traffic fatalities and serious
injuries per capita for drivers and pedestrians over the age
of 65 in a State increases during the most recent 2-year period
for which data are available, that State shall be required to
include, in the subsequent Strategic Highway Safety Plan of
the State, strategies to address the increases in those rates,
taking into account the recommendations included in the
publication of the Federal Highway Administration entitled
‘Highway Design Handbook for Older Drivers and Pedestrians’
(FHWA–RD–01–103), and dated May 2001, or as subsequently
revised and updated.
‘‘(h) REPORTS.—
‘‘(1) IN GENERAL.—A State shall submit to the Secretary
a report that—
‘‘(A) describes progress being made to implement highway safety improvement projects under this section;
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(B) assesses the effectiveness of those improvements;
and
Public
information.
Web posting.
Determination.
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‘‘(C) describes the extent to which the improvements
funded under this section have contributed to reducing—
‘‘(i) the number and rate of fatalities on all public
roads with, to the maximum extent practicable, a
breakdown by functional classification and ownership
in the State;
‘‘(ii) the number and rate of serious injuries on
all public roads with, to the maximum extent practicable, a breakdown by functional classification and
ownership in the State; and
‘‘(iii) the occurrences of fatalities and serious
injuries at railway-highway crossings.
‘‘(2) CONTENTS; SCHEDULE.—The Secretary shall establish
the content and schedule for the submission of the report under
paragraph (1).
‘‘(3) TRANSPARENCY.—The Secretary shall make strategic
highway safety plans submitted under subsection (d) and
reports submitted under this subsection available to the public
through—
‘‘(A) the website of the Department; and
‘‘(B) such other means as the Secretary determines
to be appropriate.
‘‘(4) DISCOVERY AND ADMISSION INTO EVIDENCE OF CERTAIN
REPORTS, SURVEYS, AND INFORMATION.—Notwithstanding any
other provision of law, reports, surveys, schedules, lists, or
data compiled or collected for any purpose relating to this
section, shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered
for other purposes in any action for damages arising from
any occurrence at a location identified or addressed in the
reports, surveys, schedules, lists, or other data.
‘‘(i) STATE PERFORMANCE TARGETS.—If the Secretary determines
that a State has not met or made significant progress toward
meeting the performance targets of the State established under
section 150(d) by the date that is 2 years after the date of the
establishment of the performance targets, the State shall—
‘‘(1) use obligation authority equal to the apportionment
of the State for the prior year under section 104(b)(3) only
for highway safety improvement projects under this section
until the Secretary determines that the State has met or made
significant progress toward meeting the performance targets
of the State; and
‘‘(2) submit annually to the Secretary, until the Secretary
determines that the State has met or made significant progress
toward meeting the performance targets of the State, an
implementation plan that—
‘‘(A) identifies roadway features that constitute a
hazard to road users;
‘‘(B) identifies highway safety improvement projects
on the basis of crash experience, crash potential, or other
data-supported means;
‘‘(C) describes how highway safety improvement program funds will be allocated, including projects, activities,
and strategies to be implemented;
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PUBLIC LAW 112–141—JULY 6, 2012
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‘‘(D) describes how the proposed projects, activities,
and strategies funded under the State highway safety
improvement program will allow the State to make progress
toward achieving the safety performance targets of the
State; and
‘‘(E) describes the actions the State will undertake
to meet the performance targets of the State.
‘‘(j) FEDERAL SHARE OF HIGHWAY SAFETY IMPROVEMENT
PROJECTS.—Except as provided in sections 120 and 130, the Federal
share of the cost of a highway safety improvement project carried
out with funds apportioned to a State under section 104(b)(3) shall
be 90 percent.’’.
(b) STUDY OF HIGH-RISK RURAL ROADS BEST PRACTICES.—
(1) STUDY.—
(A) IN GENERAL.—The Secretary shall conduct a study
of the best practices for implementing cost-effective roadway safety infrastructure improvements on high-risk rural
roads.
(B) METHODOLOGY.—In carrying out the study, the
Secretary shall—
(i) conduct a thorough literature review;
(ii) survey current practices of State departments
of transportation; and
(iii) survey current practices of local units of
government, as appropriate.
(C) CONSULTATION.—In carrying out the study, the
Secretary shall consult with—
(i) State departments of transportation;
(ii) county engineers and public works professionals;
(iii) appropriate local officials; and
(iv) appropriate private sector experts in the field
of roadway safety infrastructure.
(2) REPORT.—
(A) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to
the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the
results of the study.
(B) CONTENTS.—The report shall include—
(i) a summary of cost-effective roadway safety
infrastructure improvements;
(ii) a summary of the latest research on the financial savings and reduction in fatalities and serious
bodily injury crashes from the implementation of costeffective roadway safety infrastructure improvements;
and
(iii) recommendations for State and local governments on best practice methods to install cost-effective
roadway safety infrastructure on high-risk rural roads.
(3) MANUAL.—
(A) DEVELOPMENT.—Based on the results of the study
under paragraph (2), the Secretary, in consultation with
the individuals and entities described in paragraph (1)(C),
shall develop a best practices manual to support Federal,
State, and local efforts to reduce fatalities and serious
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bodily injury crashes on high-risk rural roads through the
use of cost-effective roadway safety infrastructure improvements.
(B) AVAILABILITY.—The manual shall be made available to State and local governments not later than 180
days after the date of submission of the report under paragraph (2).
(C) CONTENTS.—The manual shall include, at a minimum, a list of cost-effective roadway safety infrastructure
improvements and best practices on the installation of costeffective roadway safety infrastructure improvements on
high-risk rural roads.
(D) USE OF MANUAL.—Use of the manual shall be voluntary and the manual shall not establish any binding
standards or legal duties on State or local governments,
or any other person.
Deadline.
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SEC. 1113. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.
(a) ELIGIBLE PROJECTS.—Section 149(b) of title 23, United
States Code, is amended—
(1) in the matter preceding paragraph (1)—
(A) by striking ‘‘in subsection (c)’’ and inserting ‘‘in
subsection (d)’’; and
(B) by striking ‘‘section 104(b)(2)’’ and inserting ‘‘section
104(b)(4)’’;
(2) in paragraph (5)—
(A) by inserting ‘‘add turning lanes,’’ after ‘‘improve
intersections,’’; and
(B) by striking ‘‘paragraph;’’ and inserting ‘‘paragraph,
including programs or projects to improve incident and
emergency response or improve mobility, such as through
real-time traffic, transit, and multimodal traveler information;’’;
(3) in paragraph (6) by striking ‘‘or’’ at the end;
(4) in paragraph (7)(A)(ii) by striking ‘‘published in the
list under subsection (f)(2)’’ and inserting ‘‘verified technologies
(as defined in section 791 of the Energy Policy Act of 2005
(42 U.S.C. 16131))’’;
(5) by striking the matter following paragraph (7);
(6) by redesignating paragraph (7) as paragraph (8); and
(7) by inserting after paragraph (6) the following:
‘‘(7) if the project or program shifts traffic demand to
nonpeak hours or other transportation modes, increases vehicle
occupancy rates, or otherwise reduces demand for roads through
such means as telecommuting, ridesharing, carsharing, alternative work hours, and pricing; or’’.
(b) SPECIAL RULES.—Section 149 of title 23, United States
Code, is amended—
(1) by redesignating subsections (c) through (h) as subsections (d) through (i) respectively;
(2) by inserting after subsection (b) the following:
‘‘(c) SPECIAL RULES.—
‘‘(1) PROJECTS FOR PM–10 NONATTAINMENT AREAS.—A State
may obligate funds apportioned to the State under section
104(b)(4) for a project or program for an area that is nonattainment for ozone or carbon monoxide, or both, and for PM–
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 461
10 resulting from transportation activities, without regard to
any limitation of the Department of Transportation relating
to the type of ambient air quality standard such project or
program addresses.
‘‘(2) ELECTRIC VEHICLE AND NATURAL GAS VEHICLE INFRASTRUCTURE.—A State may obligate funds apportioned under
section 104(b)(4) for a project or program to establish electric
vehicle charging stations or natural gas vehicle refueling stations for the use of battery powered or natural gas fueled
trucks or other motor vehicles at any location in the State
except that such stations may not be established or supported
where commercial establishments serving motor vehicle users
are prohibited by section 111 of title 23, United States Code.
‘‘(3) HOV FACILITIES.—No funds may be provided under
this section for a project which will result in the construction
of new capacity available to single occupant vehicles unless
the project consists of a high occupancy vehicle facility available
to single occupant vehicles only at other than peak travel
times.’’;
(3) by striking subsection (d) (as redesignated by paragraph
(1)) and inserting the following:
‘‘(d) STATES FLEXIBILITY.—
‘‘(1) STATES WITHOUT A NONATTAINMENT AREA.—If a State
does not have, and never has had, a nonattainment area designated under the Clean Air Act (42 U.S.C. 7401 et seq.),
the State may use funds apportioned to the State under section
104(b)(4) for any project in the State that—
‘‘(A) would otherwise be eligible under subsection (b)
as if the project were carried out in a nonattainment or
maintenance area; or
‘‘(B) is eligible under the surface transportation program under section 133.
‘‘(2) STATES WITH A NONATTAINMENT AREA.—
‘‘(A) IN GENERAL.—If a State has a nonattainment area
or maintenance area and received funds in fiscal year 2009
under section 104(b)(2)(D), as in effect on the day before
the date of enactment of the MAP–21, above the amount
of funds that the State would have received based on
the nonattainment and maintenance area population of
the State under subparagraphs (B) and (C) of section
104(b)(2), as in effect on the day before the date of enactment of the MAP–21, the State may use for any project
that is eligible under the surface transportation program
under section 133 an amount of funds apportioned to such
State under section 104(b)(4) that is equal to the product
obtained by multiplying—
‘‘(i) the amount apportioned to such State under
section 104(b)(4) (excluding the amount of funds
reserved under paragraph (l)); by
‘‘(ii) the ratio calculated under subparagraph (B).
‘‘(B) RATIO.—For purposes of this paragraph, the ratio
shall be calculated as the proportion that—
‘‘(i) the amount for fiscal year 2009 such State
was permitted by section 149(c)(2), as in effect on the
day before the date of enactment of the MAP–21, to
obligate in any area of the State for projects eligible
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under section 133, as in effect on the day before the
date of enactment of the MAP–21t; bears to
‘‘(ii) the total apportionment to such State for fiscal
year 2009 under section 104(b)(2), as in effect on the
day before the date of enactment of the MAP–21.
‘‘(3) CHANGES IN DESIGNATION.—If a new nonattainment
area is designated or a previously designated nonattainment
area is redesignated as an attainment area in a State under
the Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary shall
modify the amount such State is permitted to obligate in any
area of the State for projects eligible under section 133.’’;
(4) in subsection (f)(3) (as redesignated by paragraph (1))
by striking ‘‘104(b)(2)’’ and inserting ‘‘104(b)(4)’’;
(5) in subsection (g) (as redesignated by paragraph (1))
by striking paragraph (3) and inserting the following:
‘‘(3) PRIORITY CONSIDERATION.—States and metropolitan
planning organizations shall give priority in areas designated
as nonattainment or maintenance for PM2.5 under the Clean
Air Act (42 U.S.C. 7401 et seq.) in distributing funds received
for congestion mitigation and air quality projects and programs
from apportionments under section 104(b)(4) to projects that
are proven to reduce PM2.5, including diesel retrofits.’’;
(6) by striking subsection (i) (as redesignated by paragraph
(1)) and inserting the following:
‘‘(i) EVALUATION AND ASSESSMENT OF PROJECTS.—
‘‘(1) DATABASE.—
‘‘(A) IN GENERAL.—Using appropriate assessments of
projects funded under the congestion mitigation and air
quality program and results from other research, the Secretary shall maintain and disseminate a cumulative database describing the impacts of the projects, including specific information about each project, such as the project
name, location, sponsor, cost, and, to the extent already
measured by the project sponsor, cost-effectiveness, based
on reductions in congestion and emissions.
‘‘(B) AVAILABILITY.—The database shall be published
or otherwise made readily available by the Secretary in
electronically accessible format and means, such as the
Internet, for public review.
‘‘(2) COST EFFECTIVENESS.—
‘‘(A) IN GENERAL.—The Secretary, in consultation with
the Administrator of the Environmental Protection Agency,
shall evaluate projects on a periodic basis and develop
a table or other similar medium that illustrates the costeffectiveness of a range of project types eligible for funding
under this section as to how the projects mitigate congestion and improve air quality.
‘‘(B) CONTENTS.—The table described in subparagraph
(A) shall show measures of cost-effectiveness, such as dollars per ton of emissions reduced, and assess those measures over a variety of timeframes to capture impacts on
the planning timeframes outlined in section 134.
‘‘(C) USE OF TABLE.—States and metropolitan planning
organizations shall consider the information in the table
when selecting projects or developing performance plans
under subsection (l).
‘‘(j) OPTIONAL PROGRAMMATIC ELIGIBILITY.—
Publication.
Public
information.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 463
‘‘(1) IN GENERAL.—At the discretion of a metropolitan planning organization, a technical assessment of a selected program
of projects may be conducted through modeling or other means
to demonstrate the emissions reduction projection required
under this section.
‘‘(2) APPLICABILITY.—If an assessment described in paragraph (1) successfully demonstrates an emissions reduction,
all projects included in such assessment shall be eligible for
obligation under this section without further demonstration
of emissions reduction of individual projects included in such
assessment.
‘‘(k) PRIORITY FOR USE OF FUNDS IN PM2.5 AREAS.—
‘‘(1) IN GENERAL.—For any State that has a nonattainment
or maintenance area for fine particulate matter, an amount
equal to 25 percent of the funds apportioned to each State
under section 104(b)(4) for a nonattainment or maintenance
area that are based all or in part on the weighted population
of such area in fine particulate matter nonattainment shall
be obligated to projects that reduce such fine particulate matter
emissions in such area, including diesel retrofits.
‘‘(2) CONSTRUCTION EQUIPMENT AND VEHICLES.—In order
to meet the requirements of paragraph (1), a State or metropolitan planning organization may elect to obligate funds to install
diesel emission control technology on nonroad diesel equipment
or on-road diesel equipment that is operated on a highway
construction project within a PM2.5 nonattainment or maintenance area.
‘‘(l) PERFORMANCE PLAN.—
‘‘(1) IN GENERAL.—Each metropolitan planning organization
serving a transportation management area (as defined in section 134) with a population over 1,000,000 people representing
a nonattainment or maintenance area shall develop a performance plan that—
‘‘(A) includes an area baseline level for traffic congestion and on-road mobile source emissions for which the
area is in nonattainment or maintenance;
‘‘(B) describes progress made in achieving the performance targets described in section 150(d); and
‘‘(C) includes a description of projects identified for
funding under this section and how such projects will contribute to achieving emission and traffic congestion reduction targets.
‘‘(2) UPDATED PLANS.—Performance plans shall be updated
biennially and include a separate report that assesses the
progress of the program of projects under the previous plan
in achieving the air quality and traffic congestion targets of
the previous plan.
‘‘(m) OPERATING ASSISTANCE.—A State may obligate funds
apportioned under section 104(b)(2) in an area of such State that
is otherwise eligible for obligations of such funds for operating
costs under chapter 53 of title 49 or on a system that was previously
eligible under this section.’’.
(c) AIR QUALITY AND CONGESTION MITIGATION MEASURE OUTCOMES ASSESSMENT STUDY.—
(1) IN GENERAL.—The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
examine the outcomes of actions funded under the congestion
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mitigation and air quality improvement program since the date
of enactment of the SAFETEA–LU (Public Law 109–59).
(2) GOALS.—The goals of the program shall include—
(A) the assessment and documentation, through outcomes research conducted on a representative sample of
cases, of—
(i) the emission reductions achieved by federally
supported surface transportation actions intended to
reduce emissions or lessen traffic congestion; and
(ii) the air quality and human health impacts of
those actions, including potential unrecognized or
indirect consequences, attributable to those actions;
(B) an expanded base of empirical evidence on the
air quality and human health impacts of actions described
in paragraph (1); and
(C) an increase in knowledge of—
(i) the factors determining the air quality and
human health changes associated with transportation
emission reduction actions; and
(ii) other information to more accurately understand the validity of current estimation and modeling
routines and ways to improve those routines.
(3) ADMINISTRATIVE ELEMENTS.—To carry out this subsection, the Secretary shall—
(A) make a grant for the coordination, selection,
management, and reporting of component studies to an
independent scientific research organization with the necessary experience in successfully conducting accountability
and other studies on mobile source air pollutants and associated health effects;
(B) ensure that case studies are identified and conducted by teams selected through a competitive solicitation
overseen by an independent committee of unbiased experts;
and
(C) ensure that all findings and reports are peerreviewed and published in a form that presents the findings
together with reviewer comments.
(4) REPORT.—The Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of
Representatives—
(A) not later than 1 year after the date of enactment
of the MAP–21, and for the following year, a report providing an initial scoping and plan, and status updates,
respectively, for the program under this subsection; and
(B) not later than 2 years after the date of enactment
of the MAP–21, a final report that describes the findings
of, and recommendations resulting from, the program under
this subsection.
(5) FUNDING.—Of the amounts made available to carry
out section 104(a) for fiscal year 2013, the Secretary shall
make available to carry out this subsection not more than
$1,000,000.
Grants.
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PUBLIC LAW 112–141—JULY 6, 2012
SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
(a) IN GENERAL.—Section 165 of title 23, United States Code,
is amended to read as follows:
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 465
‘‘§ 165. Territorial and Puerto Rico highway program
‘‘(a) DIVISION OF FUNDS.—Of funds made available in a fiscal
year for the territorial and Puerto Rico highway program—
‘‘(1) $150,000,000 shall be for the Puerto Rico highway
program under subsection (b); and
‘‘(2) $40,000,000 shall be for the territorial highway program under subsection (c).
‘‘(b) PUERTO RICO HIGHWAY PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall allocate funds made
available to carry out this subsection to the Commonwealth
of Puerto Rico to carry out a highway program in the Commonwealth.
‘‘(2) TREATMENT OF FUNDS.—Amounts made available to
carry out this subsection for a fiscal year shall be administered
as follows:
‘‘(A) APPORTIONMENT.—
‘‘(i) IN GENERAL.—For the purpose of imposing any
penalty under this title or title 49, the amounts shall
be treated as being apportioned to Puerto Rico under
sections 104(b) and 144 (as in effect for fiscal year
1997) for each program funded under those sections
in an amount determined by multiplying—
‘‘(I) the aggregate of the amounts for the fiscal
year; by
‘‘(II) the proportion that—
‘‘(aa) the amount of funds apportioned to
Puerto Rico for each such program for fiscal
year 1997; bears to
‘‘(bb) the total amount of funds apportioned to Puerto Rico for all such programs
for fiscal year 1997.
‘‘(ii) EXCEPTION.—Funds identified under clause (i)
as having been apportioned for the national highway
system, the surface transportation program, and the
Interstate maintenance program shall be deemed to
have been apportioned 50 percent for the national highway performance program and 50 percent for the surface transportation program for purposes of imposing
such penalties.
‘‘(B) PENALTY.—The amounts treated as being apportioned to Puerto Rico under each section referred to in
subparagraph (A) shall be deemed to be required to be
apportioned to Puerto Rico under that section for purposes
of the imposition of any penalty under this title or title
49.
‘‘(C) ELIGIBLE USES OF FUNDS.—Of amounts allocated
to Puerto Rico for the Puerto Rico Highway Program for
a fiscal year—
‘‘(i) at least 50 percent shall be available only
for purposes eligible under section 119;
‘‘(ii) at least 25 percent shall be available only
for purposes eligible under section 148; and
‘‘(iii) any remaining funds may be obligated for
activities eligible under chapter 1.
‘‘(3) EFFECT ON APPORTIONMENTS.—Except as otherwise
specifically provided, Puerto Rico shall not be eligible to receive
funds apportioned to States under this title.
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126 STAT. 466
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(c) TERRITORIAL HIGHWAY PROGRAM.—
‘‘(1) TERRITORY DEFINED.—In this subsection, the term
‘territory’ means any of the following territories of the United
States:
‘‘(A) American Samoa.
‘‘(B) The Commonwealth of the Northern Mariana
Islands.
‘‘(C) Guam.
‘‘(D) The United States Virgin Islands.
‘‘(2) PROGRAM.—
‘‘(A) IN GENERAL.—Recognizing the mutual benefits
that will accrue to the territories and the United States
from the improvement of highways in the territories, the
Secretary may carry out a program to assist each government of a territory in the construction and improvement
of a system of arterial and collector highways, and necessary inter-island connectors, that is—
‘‘(i) designated by the Governor or chief executive
officer of each territory; and
‘‘(ii) approved by the Secretary.
‘‘(B) FEDERAL SHARE.—The Federal share of Federal
financial assistance provided to territories under this subsection shall be in accordance with section 120(g).
‘‘(3) TECHNICAL ASSISTANCE.—
‘‘(A) IN GENERAL.—To continue a long-range highway
development program, the Secretary may provide technical
assistance to the governments of the territories to enable
the territories, on a continuing basis—
‘‘(i) to engage in highway planning;
‘‘(ii) to conduct environmental evaluations;
‘‘(iii) to administer right-of-way acquisition and
relocation assistance programs; and
‘‘(iv) to design, construct, operate, and maintain
a system of arterial and collector highways, including
necessary inter-island connectors.
‘‘(B) FORM AND TERMS OF ASSISTANCE.—Technical
assistance provided under subparagraph (A), and the terms
for the sharing of information among territories receiving
the technical assistance, shall be included in the agreement
required by paragraph (5).
‘‘(4) NONAPPLICABILITY OF CERTAIN PROVISIONS.—
‘‘(A) IN GENERAL.—Except to the extent that provisions
of this chapter are determined by the Secretary to be
inconsistent with the needs of the territories and the intent
of this subsection, this chapter (other than provisions of
this chapter relating to the apportionment and allocation
of funds) shall apply to funds made available under this
subsection.
‘‘(B) APPLICABLE PROVISIONS.—The agreement required
by paragraph (5) for each territory shall identify the sections of this chapter that are applicable to that territory
and the extent of the applicability of those sections.
‘‘(5) AGREEMENT.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(D), none of the funds made available under this subsection
shall be available for obligation or expenditure with respect
to any territory until the chief executive officer of the
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 467
territory has entered into an agreement (including an
agreement entered into under section 215 as in effect on
the day before the enactment of this section) with the
Secretary providing that the government of the territory
shall—
‘‘(i) implement the program in accordance with
applicable provisions of this chapter and paragraph
(4);
‘‘(ii) design and construct a system of arterial and
collector highways, including necessary inter-island
connectors, in accordance with standards that are—
‘‘(I) appropriate for each territory; and
‘‘(II) approved by the Secretary;
‘‘(iii) provide for the maintenance of facilities constructed or operated under this subsection in a condition to adequately serve the needs of present and future
traffic; and
‘‘(iv) implement standards for traffic operations
and uniform traffic control devices that are approved
by the Secretary.
‘‘(B) TECHNICAL ASSISTANCE.—The agreement required
by subparagraph (A) shall—
‘‘(i) specify the kind of technical assistance to be
provided under the program;
‘‘(ii) include appropriate provisions regarding
information sharing among the territories; and
‘‘(iii) delineate the oversight role and responsibilities of the territories and the Secretary.
‘‘(C) REVIEW AND REVISION OF AGREEMENT.—The agreement entered into under subparagraph (A) shall be
reevaluated and, as necessary, revised, at least every 2
years.
‘‘(D) EXISTING AGREEMENTS.—With respect to an agreement under this subsection or an agreement entered into
under section 215 of this title as in effect on the day
before the date of enactment of this subsection—
‘‘(i) the agreement shall continue in force until
replaced by an agreement entered into in accordance
with subparagraph (A); and
‘‘(ii) amounts made available under this subsection
under the existing agreement shall be available for
obligation or expenditure so long as the agreement,
or the existing agreement entered into under subparagraph (A), is in effect.
‘‘(6) ELIGIBLE USES OF FUNDS.—
‘‘(A) IN GENERAL.—Funds made available under this
subsection may be used only for the following projects
and activities carried out in a territory:
‘‘(i) Eligible surface transportation program
projects described in section 133(b).
‘‘(ii) Cost-effective, preventive maintenance consistent with section 116(e).
‘‘(iii) Ferry boats, terminal facilities, and
approaches, in accordance with subsections (b) and
(c) of section 129.
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(iv) Engineering and economic surveys and investigations for the planning, and the financing, of future
highway programs.
‘‘(v) Studies of the economy, safety, and convenience of highway use.
‘‘(vi) The regulation and equitable taxation of highway use.
‘‘(vii) Such research and development as are necessary in connection with the planning, design, and
maintenance of the highway system.
‘‘(B) PROHIBITION ON USE OF FUNDS FOR ROUTINE
MAINTENANCE.—None of the funds made available under
this subsection shall be obligated or expended for routine
maintenance.
‘‘(7) LOCATION OF PROJECTS.—Territorial highway program
projects (other than those described in paragraphs (2), (4),
(7), (8), (14), and (19) of section 133(b)) may not be undertaken
on roads functionally classified as local.’’.
(b) CONFORMING AMENDMENTS.—
(1) TECHNICAL AND CONFORMING AMENDMENT.—The analysis for chapter 1 of title 23, United States Code, is amended
by striking the item relating to section 165 and inserting the
following:
‘‘165. Territorial and Puerto Rico highway program.’’.
(2) TERRITORIAL HIGHWAY PROGRAM.—
(A) REPEAL.—Section 215 of title 23, United States
Code, is repealed.
(B) TECHNICAL AND CONFORMING AMENDMENT.—The
analysis for chapter 2 of title 23, United States Code,
is amended by striking the item relating to section 215.
(C) DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2009.—Section 3512(e) of the
Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (48 U.S.C. 1421r(e)) is amended by
striking ‘‘section 215’’ and inserting ‘‘section 165’’.
SEC. 1115. NATIONAL FREIGHT POLICY.
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(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
‘‘§ 167. National freight policy
‘‘(a) IN GENERAL.—It is the policy of the United States to
improve the condition and performance of the national freight network to ensure that the national freight network provides the
foundation for the United States to compete in the global economy
and achieve each goal described in subsection (b).
‘‘(b) GOALS.—The goals of the national freight policy are—
‘‘(1) to invest in infrastructure improvements and to implement operational improvements that—
‘‘(A) strengthen the contribution of the national freight
network to the economic competitiveness of the United
States;
‘‘(B) reduce congestion; and
‘‘(C) increase productivity, particularly for domestic
industries and businesses that create high-value jobs;
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‘‘(2) to improve the safety, security, and resilience of freight
transportation;
‘‘(3) to improve the state of good repair of the national
freight network;
‘‘(4) to use advanced technology to improve the safety and
efficiency of the national freight network;
‘‘(5) to incorporate concepts of performance, innovation,
competition, and accountability into the operation and maintenance of the national freight network; and
‘‘(6) to improve the economic efficiency of the national
freight network.
‘‘(7) to reduce the environmental impacts of freight movement on the national freight network;
‘‘(c) ESTABLISHMENT OF A NATIONAL FREIGHT NETWORK.—
‘‘(1) IN GENERAL.—The Secretary shall establish a national
freight network in accordance with this section to assist States
in strategically directing resources toward improved system
performance for efficient movement of freight on highways,
including national highway system, freight intermodal connectors and aerotropolis transportation systems.
‘‘(2) NETWORK COMPONENTS.—The national freight network
shall consist of—
‘‘(A) the primary freight network, as designated by
the Secretary under subsection (d) (referred to in this section as the ‘primary freight network’) as most critical to
the movement of freight;
‘‘(B) the portions of the Interstate System not designated as part of the primary freight network; and
‘‘(C) critical rural freight corridors established under
subsection (e).
‘‘(d) DESIGNATION OF PRIMARY FREIGHT NETWORK.—
‘‘(1) INITIAL DESIGNATION OF PRIMARY FREIGHT NETWORK.—
‘‘(A) DESIGNATION.—Not later than 1 year after the
date of enactment of this section, the Secretary shall designate a primary freight network—
‘‘(i) based on an inventory of national freight
volume conducted by the Administrator of the Federal
Highway Administration, in consultation with stakeholders, including system users, transport providers,
and States; and
‘‘(ii) that shall be comprised of not more than
27,000 centerline miles of existing roadways that are
most critical to the movement of freight.
‘‘(B) FACTORS FOR DESIGNATION.—In designating the
primary freight network, the Secretary shall consider—
‘‘(i) the origins and destinations of freight movement in the United States;
‘‘(ii) the total freight tonnage and value of freight
moved by highways;
‘‘(iii) the percentage of annual average daily truck
traffic in the annual average daily traffic on principal
arterials;
‘‘(iv) the annual average daily truck traffic on principal arterials;
‘‘(v) land and maritime ports of entry;
‘‘(vi) access to energy exploration, development,
installation, or production areas;
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‘‘(vii) population centers; and
‘‘(viii) network connectivity.
Effective date.
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‘‘(2) ADDITIONAL MILES ON PRIMARY FREIGHT NETWORK.—
In addition to the miles initially designated under paragraph
(1), the Secretary may increase the number of miles designated
as part of the primary freight network by not more than 3,000
additional centerline miles of roadways (which may include
existing or planned roads) critical to future efficient movement
of goods on the primary freight network.
‘‘(3) REDESIGNATION OF PRIMARY FREIGHT NETWORK.—Effective beginning 10 years after the designation of the primary
freight network and every 10 years thereafter, using the designation factors described in paragraph (1), the Secretary shall
redesignate the primary freight network (including additional
mileage described in paragraph (2)).
‘‘(e) CRITICAL RURAL FREIGHT CORRIDORS.—A State may designate a road within the borders of the State as a critical rural
freight corridor if the road—
‘‘(1) is a rural principal arterial roadway and has a minimum of 25 percent of the annual average daily traffic of
the road measured in passenger vehicle equivalent units from
trucks (FHWA vehicle class 8 to 13);
‘‘(2) provides access to energy exploration, development,
installation, or production areas;
‘‘(3) connects the primary freight network, a roadway
described in paragraph (1) or (2), or Interstate System to facilities that handle more than—
‘‘(A) 50,000 20-foot equivalent units per year; or
‘‘(B) 500,000 tons per year of bulk commodities.
‘‘(f) NATIONAL FREIGHT STRATEGIC PLAN.—
‘‘(1) INITIAL DEVELOPMENT OF NATIONAL FREIGHT STRATEGIC
PLAN.—Not later than 3 years after the date of enactment
of this section, the Secretary shall, in consultation with State
departments of transportation and other appropriate public
and private transportation stakeholders, develop and post on
the Department of Transportation public website a national
freight strategic plan that shall include—
‘‘(A) an assessment of the condition and performance
of the national freight network;
‘‘(B) an identification of highway bottlenecks on the
national freight network that create significant freight
congestion problems, based on a quantitative methodology
developed by the Secretary, which shall, at a minimum,
include—
‘‘(i) information from the Freight Analysis Network
of the Federal Highway Administration; and
‘‘(ii) to the maximum extent practicable, an estimate of the cost of addressing each bottleneck and
any operational improvements that could be implemented;
‘‘(C) forecasts of freight volumes for the 20-year period
beginning in the year during which the plan is issued;
‘‘(D) an identification of major trade gateways and
national freight corridors that connect major population
centers, trade gateways, and other major freight generators
for current and forecasted traffic and freight volumes, the
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identification of which shall be revised, as appropriate,
in subsequent plans;
‘‘(E) an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to
improved freight transportation performance (including
opportunities for overcoming the barriers);
‘‘(F) an identification of routes providing access to
energy exploration, development, installation, or production
areas;
‘‘(G) best practices for improving the performance of
the national freight network;
‘‘(H) best practices to mitigate the impacts of freight
movement on communities;
‘‘(I) a process for addressing multistate projects and
encouraging jurisdictions to collaborate; and
‘‘(J) strategies to improve freight intermodal
connectivity.
‘‘(2) UPDATES TO NATIONAL FREIGHT STRATEGIC PLAN.—Not
later than 5 years after the date of completion of the first
national freight strategic plan under paragraph (1), and every
5 years thereafter, the Secretary shall update and repost on
the Department of Transportation public website a revised
national freight strategic plan.
‘‘(g) FREIGHT TRANSPORTATION CONDITIONS AND PERFORMANCE
REPORTS.—Not later than 2 years after the date of enactment
of this section, and biennially thereafter, the Secretary shall prepare
a report that contains a description of the conditions and performance of the national freight network in the United States.
‘‘(h) TRANSPORTATION INVESTMENT DATA AND PLANNING
TOOLS.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this section, the Secretary shall—
‘‘(A) begin development of new tools and improvement
of existing tools or improve existing tools to support an
outcome-oriented, performance-based approach to evaluate
proposed freight-related and other transportation projects,
including—
‘‘(i) methodologies for systematic analysis of benefits and costs;
‘‘(ii) tools for ensuring that the evaluation of
freight-related and other transportation projects could
consider safety, economic competitiveness, environmental sustainability, and system condition in the
project selection process; and
‘‘(iii) other elements to assist in effective transportation planning;
‘‘(B) identify transportation-related model data elements to support a broad range of evaluation methods
and techniques to assist in making transportation investment decisions; and
‘‘(C) at a minimum, in consultation with other relevant
Federal agencies, consider any improvements to existing
freight flow data collection efforts that could reduce identified freight data gaps and deficiencies and help improve
forecasts of freight transportation demand.
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‘‘(2) CONSULTATION.—The Secretary shall consult with Federal, State, and other stakeholders to develop, improve, and
implement the tools and collect the data in paragraph (1).
‘‘(i) DEFINITION OF AEROTROPOLIS TRANSPORTATION SYSTEM.—
In this section, the term ‘aerotropolis transportation system’ means
a planned and coordinated multimodal freight and passenger
transportation network that, as determined by the Secretary, provides efficient, cost-effective, sustainable, and intermodal
connectivity to a defined region of economic significance centered
around a major airport.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by adding at the end
the following:
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‘‘167. National freight program.’’.
23 USC 167 note.
SEC. 1116. PRIORITIZATION OF PROJECTS TO IMPROVE FREIGHT
MOVEMENT.
Certification.
(a) IN GENERAL.—Notwithstanding section 120 of title 23,
United States Code, the Secretary may increase the Federal share
payable for any project to 95 percent for projects on the Interstate
System and 90 percent for any other project if the Secretary certifies
that the project meets the requirements of this section.
(b) INCREASED FUNDING.—To be eligible for the increased Federal funding share under this section, a project shall—
(1) demonstrate the improvement made by the project to
the efficient movement of freight, including making progress
towards meeting performance targets for freight movement
established under section 150(d) of title 23, United States Code;
and
(2) be identified in a State freight plan developed pursuant
to section 1118.
(c) ELIGIBLE PROJECTS.—Eligible projects to improve the movement of freight under this section may include, but are not limited
to—
(1) construction, reconstruction, rehabilitation, and operational improvements directly relating to improving freight
movement;
(2) intelligent transportation systems and other technology
to improve the flow of freight;
(3) efforts to reduce the environmental impacts of freight
movement on the primary freight network;
(4) railway-highway grade separation;
(5) geometric improvements to interchanges and ramps.
(6) truck-only lanes;
(7) climbing and runaway truck lanes;
(8) truck parking facilities eligible for funding under section
1401;
(9) real-time traffic, truck parking, roadway condition, and
multimodal transportation information systems;
(10) improvements to freight intermodal connectors; and
(11) improvements to truck bottlenecks.
23 USC 167 note.
SEC. 1117. STATE FREIGHT ADVISORY COMMITTEES.
(a) IN GENERAL.—The Secretary shall encourage each State
to establish a freight advisory committee consisting of a representative cross-section of public and private sector freight stakeholders,
including representatives of ports, shippers, carriers, freight-related
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associations, the freight industry workforce, the transportation
department of the State, and local governments.
(b) ROLE OF COMMITTEE.—A freight advisory committee of a
State described in subsection (a) shall—
(1) advise the State on freight-related priorities, issues,
projects, and funding needs;
(2) serve as a forum for discussion for State transportation
decisions affecting freight mobility;
(3) communicate and coordinate regional priorities with
other organizations;
(4) promote the sharing of information between the private
and public sectors on freight issues; and
(5) participate in the development of the freight plan of
the State described in section 1118.
23 USC 167 note.
SEC. 1118. STATE FREIGHT PLANS.
(a) IN GENERAL.—The Secretary shall encourage each State
to develop a freight plan that provides a comprehensive plan for
the immediate and long-range planning activities and investments
of the State with respect to freight.
(b) PLAN CONTENTS.—A freight plan described in subsection
(a) shall include, at a minimum—
(1) an identification of significant freight system trends,
needs, and issues with respect to the State;
(2) a description of the freight policies, strategies, and
performance measures that will guide the freight-related
transportation investment decisions of the State;
(3) a description of how the plan will improve the ability
of the State to meet the national freight goals established
under section 167 of title 23, United States Code;
(4) evidence of consideration of innovative technologies and
operational strategies, including intelligent transportation systems, that improve the safety and efficiency of freight movement;
(5) in the case of routes on which travel by heavy vehicles
(including mining, agricultural, energy cargo or equipment, and
timber vehicles) is projected to substantially deteriorate the
condition of roadways, a description of improvements that may
be required to reduce or impede the deterioration; and
(6) an inventory of facilities with freight mobility issues,
such as truck bottlenecks, within the State, and a description
of the strategies the State is employing to address those freight
mobility issues.
(c) RELATIONSHIP TO LONG-RANGE PLAN.—A freight plan
described in subsection (a) may be developed separate from or
incorporated into the statewide strategic long-range transportation
plan required by section 135 of title 23, United States Code.
SEC. 1119. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.
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(a) IN GENERAL.—Chapter 2 of title 23, United States Code,
is amended by striking sections 201 through 204 and inserting
the following:
‘‘§ 201. Federal lands and tribal transportation programs
‘‘(a) PURPOSE.—Recognizing the need for all public Federal and
tribal transportation facilities to be treated under uniform policies
similar to the policies that apply to Federal-aid highways and
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126 STAT. 474
PUBLIC LAW 112–141—JULY 6, 2012
other public transportation facilities, the Secretary of Transportation, in collaboration with the Secretaries of the appropriate Federal land management agencies, shall coordinate a uniform policy
for all public Federal and tribal transportation facilities that shall
apply to Federal lands transportation facilities, tribal transportation
facilities, and Federal lands access transportation facilities.
‘‘(b) AVAILABILITY OF FUNDS.—
‘‘(1) AVAILABILITY.—Funds authorized for the tribal
transportation program, the Federal lands transportation program, and the Federal lands access program shall be available
for contract upon apportionment, or on October 1 of the fiscal
year for which the funds were authorized if no apportionment
is required.
‘‘(2) AMOUNT REMAINING.—Any amount remaining unexpended for a period of 3 years after the close of the fiscal
year for which the funds were authorized shall lapse.
‘‘(3) OBLIGATIONS.—The Secretary of the department
responsible for the administration of funds under this subsection may incur obligations, approve projects, and enter into
contracts under such authorizations, which shall be considered
to be contractual obligations of the United States for the payment of the cost thereof, the funds of which shall be considered
to have been expended when obligated.
‘‘(4) EXPENDITURE.—
‘‘(A) IN GENERAL.—Any funds authorized for any fiscal
year after the date of enactment of this section under
the Federal lands transportation program, the Federal
lands access program, and the tribal transportation program shall be considered to have been expended if a sum
equal to the total of the sums authorized for the fiscal
year and previous fiscal years have been obligated.
‘‘(B) CREDITED FUNDS.—Any funds described in
subparagraph (A) that are released by payment of final
voucher or modification of project authorizations shall be—
‘‘(i) credited to the balance of unobligated
authorizations; and
‘‘(ii) immediately available for expenditure.
‘‘(5) APPLICABILITY.—This section shall not apply to funds
authorized before the date of enactment of this paragraph.
‘‘(6) CONTRACTUAL OBLIGATION.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law (including regulations), the authorization by
the Secretary, or the Secretary of the appropriate Federal
land management agency if the agency is the contracting
office, of engineering and related work for the development,
design, and acquisition associated with a construction
project, whether performed by contract or agreement
authorized by law, or the approval by the Secretary of
plans, specifications, and estimates for construction of a
project, shall be considered to constitute a contractual
obligation of the Federal Government to pay the total
eligible cost of—
‘‘(i) any project funded under this title; and
‘‘(ii) any project funded pursuant to agreements
authorized by this title or any other title.
‘‘(B) EFFECT.—Nothing in this paragraph—
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 475
‘‘(i) affects the application of the Federal share
associated with the project being undertaken under
this section; or
‘‘(ii) modifies the point of obligation associated with
Federal salaries and expenses.
‘‘(7) FEDERAL SHARE.—
‘‘(A) TRIBAL AND FEDERAL LANDS TRANSPORTATION PROGRAM.—The Federal share of the cost of a project carried
out under the Federal lands transportation program or
the tribal transportation program shall be 100 percent.
‘‘(B) FEDERAL LANDS ACCESS PROGRAM.—The Federal
share of the cost of a project carried out under the Federal
lands access program shall be determined in accordance
with section 120.
‘‘(c) TRANSPORTATION PLANNING.—
‘‘(1) TRANSPORTATION PLANNING PROCEDURES.—In consultation with the Secretary of each appropriate Federal land
management agency, the Secretary shall implement transportation planning procedures for Federal lands and tribal
transportation facilities that are consistent with the planning
processes required under sections 134 and 135.
‘‘(2) APPROVAL OF TRANSPORTATION IMPROVEMENT PROGRAM.—The transportation improvement program developed as
a part of the transportation planning process under this section
shall be approved by the Secretary.
‘‘(3) INCLUSION IN OTHER PLANS.—Each regionally significant tribal transportation program, Federal lands transportation program, and Federal lands access program project shall
be—
‘‘(A) developed in cooperation with State and metropolitan planning organizations; and
‘‘(B) included in appropriate tribal transportation program plans, Federal lands transportation program plans,
Federal lands access program plans, State and metropolitan
plans, and transportation improvement programs.
‘‘(4) INCLUSION IN STATE PROGRAMS.—The approved tribal
transportation program, Federal lands transportation program,
and Federal lands access program transportation improvement
programs shall be included in appropriate State and metropolitan planning organization plans and programs without further
action on the transportation improvement program.
‘‘(5) ASSET MANAGEMENT.—The Secretary and the Secretary
of each appropriate Federal land management agency shall,
to the extent appropriate, implement safety, bridge, pavement,
and congestion management systems for facilities funded under
the tribal transportation program and the Federal lands
transportation program in support of asset management.
‘‘(6) DATA COLLECTION.—
‘‘(A) DATA COLLECTION.—The Secretaries of the appropriate Federal land management agencies shall collect and
report data necessary to implement the Federal lands
transportation program, the Federal lands access program,
and the tribal transportation program in accordance with
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.), including—
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PUBLIC LAW 112–141—JULY 6, 2012
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‘‘(i) inventory and condition information on Federal
lands transportation facilities and tribal transportation
facilities; and
‘‘(ii) bridge inspection and inventory information
on any Federal bridge open to the public.
‘‘(B) STANDARDS.—The Secretary, in coordination with
the Secretaries of the appropriate Federal land management agencies, shall define the collection and reporting
data standards.
‘‘(7) ADMINISTRATIVE EXPENSES.—To implement the activities described in this subsection, including direct support of
transportation planning activities among Federal land management agencies, the Secretary may use not more than 5 percent
for each fiscal year of the funds authorized for programs under
sections 203 and 204.
‘‘(d) REIMBURSABLE AGREEMENTS.—In carrying out work under
reimbursable agreements with any State, local, or tribal government
under this title, the Secretary—
‘‘(1) may, without regard to any other provision of law
(including regulations), record obligations against accounts
receivable from the entity; and
‘‘(2) shall credit amounts received from the entity to the
appropriate account, which shall occur not later than 90 days
after the date of the original request by the Secretary for
payment.
‘‘(e) TRANSFERS.—
‘‘(1) IN GENERAL.—To enable the efficient use of funds
made available for the Federal lands transportation program
and the Federal lands access program, the funds may be transferred by the Secretary within and between each program with
the concurrence of, as appropriate—
‘‘(A) the Secretary;
‘‘(B) the affected Secretaries of the respective Federal
land management agencies;
‘‘(C) State departments of transportation; and
‘‘(D) local government agencies.
‘‘(2) CREDIT.—The funds described in paragraph (1) shall
be credited back to the loaning entity with funds that are
currently available for obligation at the time of the credit.
‘‘§ 202. Tribal transportation program
‘‘(a) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Funds made available under the tribal
transportation program shall be used by the Secretary of
Transportation and the Secretary of the Interior to pay the
costs of—
‘‘(A)(i) transportation planning, research, maintenance,
engineering, rehabilitation, restoration, construction, and
reconstruction of tribal transportation facilities;
‘‘(ii) adjacent vehicular parking areas;
‘‘(iii) interpretive signage;
‘‘(iv) acquisition of necessary scenic easements and
scenic or historic sites;
‘‘(v) provisions for pedestrians and bicycles;
‘‘(vi) environmental mitigation in or adjacent to tribal
land—
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 477
‘‘(I) to improve public safety and reduce vehiclecaused wildlife mortality while maintaining habitat
connectivity; and
‘‘(II) to mitigate the damage to wildlife, aquatic
organism passage, habitat, and ecosystem connectivity,
including the costs of constructing, maintaining,
replacing, or removing culverts and bridges, as appropriate;
‘‘(vii) construction and reconstruction of roadside rest
areas, including sanitary and water facilities; and
‘‘(viii) other appropriate public road facilities as determined by the Secretary;
‘‘(B) operation and maintenance of transit programs
and facilities that are located on, or provide access to,
tribal land, or are administered by a tribal government;
and
‘‘(C) any transportation project eligible for assistance
under this title that is located within, or that provides
access to, tribal land, or is associated with a tribal government.
‘‘(2) CONTRACT.—In connection with an activity described
in paragraph (1), the Secretary and the Secretary of the Interior
may enter into a contract or other appropriate agreement with
respect to the activity with—
‘‘(A) a State (including a political subdivision of a
State); or
‘‘(B) an Indian tribe.
‘‘(3) INDIAN LABOR.—Indian labor may be employed, in
accordance with such rules and regulations as may be promulgated by the Secretary of the Interior, to carry out any construction or other activity described in paragraph (1).
‘‘(4) FEDERAL EMPLOYMENT.—No maximum limitation on
Federal employment shall be applicable to the construction
or improvement of tribal transportation facilities.
‘‘(5) FUNDS FOR CONSTRUCTION AND IMPROVEMENT.—All
funds made available for the construction and improvement
of tribal transportation facilities shall be administered in conformity with regulations and agreements jointly approved by
the Secretary and the Secretary of the Interior.
‘‘(6) ADMINISTRATIVE EXPENSES.—Of the funds authorized
to be appropriated for the tribal transportation program, not
more than 6 percent may be used by the Secretary or the
Secretary of the Interior for program management and oversight and project-related administrative expenses.
‘‘(7) TRIBAL TECHNICAL ASSISTANCE CENTERS.—The Secretary of the Interior may reserve amounts from administrative
funds of the Bureau of Indian Affairs that are associated with
the tribal transportation program to fund tribal technical assistance centers under section 504(b).
‘‘(8) MAINTENANCE.—
‘‘(A) USE OF FUNDS.—Notwithstanding any other provision of this title, of the amount of funds allocated to an
Indian tribe from the tribal transportation program, for
the purpose of maintenance (excluding road sealing, which
shall not be subject to any limitation), the Secretary shall
not use an amount more than the greater of—
‘‘(i) an amount equal to 25 percent; or
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(ii) $500,000.
‘‘(B) RESPONSIBILITY
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OF BUREAU OF INDIAN AFFAIRS AND
SECRETARY OF THE INTERIOR.—
‘‘(i) BUREAU OF INDIAN AFFAIRS.—The Bureau of
Indian Affairs shall retain primary responsibility,
including annual funding request responsibility, for
Bureau of Indian Affairs road maintenance programs
on Indian reservations.
‘‘(ii) SECRETARY OF THE INTERIOR.—The Secretary
of the Interior shall ensure that funding made available
under this subsection for maintenance of tribal
transportation facilities for each fiscal year is supplementary to, and not in lieu of, any obligation of funds
by the Bureau of Indian Affairs for road maintenance
programs on Indian reservations.
‘‘(C) TRIBAL-STATE ROAD MAINTENANCE AGREEMENTS.—
‘‘(i) IN GENERAL.—An Indian tribe and a State
may enter into a road maintenance agreement under
which an Indian tribe shall assume the responsibility
of the State for—
‘‘(I) tribal transportation facilities; and
‘‘(II) roads providing access to tribal transportation facilities.
‘‘(ii) REQUIREMENTS.—Agreements entered into
under clause (i) shall—
‘‘(I) be negotiated between the State and the
Indian tribe; and
‘‘(II) not require the approval of the Secretary.
‘‘(9) COOPERATION.—
‘‘(A) IN GENERAL.—The cooperation of States, counties,
or other local subdivisions may be accepted in construction
and improvement.
‘‘(B) FUNDS RECEIVED.—Any funds received from a
State, county, or local subdivision shall be credited to
appropriations available for the tribal transportation program.
‘‘(10) COMPETITIVE BIDDING.—
‘‘(A) CONSTRUCTION.—
‘‘(i) IN GENERAL.—Subject to clause (ii) and
subparagraph (B), construction of each project shall
be performed by contract awarded by competitive bidding.
‘‘(ii) EXCEPTION.—Clause (i) shall not apply if the
Secretary or the Secretary of the Interior affirmatively
finds that, under the circumstances relating to the
project, a different method is in the public interest.
‘‘(B) APPLICABILITY.—Notwithstanding subparagraph
(A), section 23 of the Act of June 25, 1910 (25 U.S.C.
47) and section 7(b) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450e(b)) shall apply
to all funds administered by the Secretary of the Interior
that are appropriated for the construction and improvement
of tribal transportation facilities.
‘‘(b) FUNDS DISTRIBUTION.—
‘‘(1) NATIONAL TRIBAL TRANSPORTATION FACILITY INVENTORY.—
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 479
‘‘(A) IN GENERAL.—The Secretary of the Interior, in
cooperation with the Secretary, shall maintain a comprehensive national inventory of tribal transportation facilities that are eligible for assistance under the tribal
transportation program.
‘‘(B) TRANSPORTATION FACILITIES INCLUDED IN THE
INVENTORY.—For
purposes of identifying the tribal
transportation system and determining the relative
transportation needs among Indian tribes, the Secretary
shall include, at a minimum, transportation facilities that
are eligible for assistance under the tribal transportation
program that an Indian tribe has requested, including
facilities that—
‘‘(i) were included in the Bureau of Indian Affairs
system inventory prior to October 1, 2004;
‘‘(ii) are owned by an Indian tribal government;
‘‘(iii) are owned by the Bureau of Indian Affairs;
‘‘(iv) were constructed or reconstructed with funds
from the Highway Trust Fund under the Indian reservation roads program since 1983;
‘‘(v) are public roads or bridges within the exterior
boundary of Indian reservations, Alaska Native villages, and other recognized Indian communities
(including communities in former Indian reservations
in the State of Oklahoma) in which the majority of
residents are American Indians or Alaska Natives;
‘‘(vi) are public roads within or providing access
to an Indian reservation or Indian trust land or
restricted Indian land that is not subject to fee title
alienation without the approval of the Federal Government, or Indian or Alaska Native villages, groups, or
communities in which Indians and Alaska Natives
reside, whom the Secretary of the Interior has determined are eligible for services generally available to
Indians under Federal laws specifically applicable to
Indians; or
‘‘(vii) are primary access routes proposed by tribal
governments, including roads between villages, roads
to landfills, roads to drinking water sources, roads
to natural resources identified for economic development, and roads that provide access to intermodal
terminals, such as airports, harbors, or boat landings.
‘‘(C) LIMITATION ON PRIMARY ACCESS ROUTES.—For purposes of this paragraph, a proposed primary access route
is the shortest practicable route connecting 2 points of
the proposed route.
‘‘(D) ADDITIONAL FACILITIES.—Nothing in this paragraph precludes the Secretary from including additional
transportation facilities that are eligible for funding under
the tribal transportation program in the inventory used
for the national funding allocation if such additional facilities are included in the inventory in a uniform and consistent manner nationally.
‘‘(E) BRIDGES.—All bridges in the inventory shall be
recorded in the national bridge inventory administered by
the Secretary under section 144.
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126 STAT. 480
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(2) REGULATIONS.—Notwithstanding sections 563(a) and
565(a) of title 5, the Secretary of the Interior shall maintain
any regulations governing the tribal transportation program.
‘‘(3) BASIS FOR FUNDING FORMULA.—
‘‘(A) BASIS.—
‘‘(i) IN GENERAL.—After making the set asides
authorized under subparagraph (C) and subsections
(c), (d), and (e) on October 1 of each fiscal year, the
Secretary shall distribute the remainder authorized
to be appropriated for the tribal transportation program under this section among Indian tribes as follows:
‘‘(I) For fiscal year 2013—
‘‘(aa) for each Indian tribe, 80 percent of
the total relative need distribution factor and
population adjustment factor for the fiscal year
2011 funding amount made available to that
Indian tribe; and
‘‘(bb) the remainder using tribal shares
as described in subparagraphs (B) and (C).
‘‘(II) For fiscal year 2014—
‘‘(aa) for each Indian tribe, 60 percent of
the total relative need distribution factor and
population adjustment factor for the fiscal year
2011 funding amount made available to that
Indian tribe; and
‘‘(bb) the remainder using tribal shares
as described in subparagraphs (B) and (C).
‘‘(III) For fiscal year 2015—
‘‘(aa) for each Indian tribe, 40 percent of
the total relative need distribution factor and
population adjustment factor for the fiscal year
2011 funding amount made available to that
Indian tribe; and
‘‘(bb) the remainder using tribal shares
as described in subparagraphs (B) and (C).
‘‘(IV) For fiscal year 2016 and thereafter—
‘‘(aa) for each Indian tribe, 20 percent of
the total relative need distribution factor and
population adjustment factor for the fiscal year
2011 funding amount made available to that
Indian tribe; and
‘‘(bb) the remainder using tribal shares
as described in subparagraphs (B) and (C).
‘‘(ii) TRIBAL HIGH PRIORITY PROJECTS.—The High
Priority Projects program as included in the Tribal
Transportation Allocation Methodology of part 170 of
title 25, Code of Federal Regulations (as in effect on
the date of enactment of the MAP–21), shall not continue in effect.
‘‘(B) TRIBAL SHARES.—Tribal shares under this program
shall be determined using the national tribal transportation
facility inventory as calculated for fiscal year 2012, and
the most recent data on American Indian and Alaska
Native population within each Indian tribe’s American
Indian/Alaska Native Reservation or Statistical Area, as
computed under the Native American Housing Assistance
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 481
and Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq.), in the following manner:
‘‘(i) 27 percent in the ratio that the total eligible
road mileage in each tribe bears to the total eligible
road mileage of all American Indians and Alaskan
Natives. For the purposes of this calculation, eligible
road mileage shall be computed based on the inventory
described in paragraph (1), using only facilities
included in the inventory described in clause (i), (ii),
or (iii) of paragraph (1)(B).
‘‘(ii) 39 percent in the ratio that the total population in each tribe bears to the total population of
all American Indians and Alaskan Natives.
‘‘(iii) 34 percent shall be divided equally among
each Bureau of Indian Affairs region. Within each
region, such share of funds shall be distributed to
each Indian tribe in the ratio that the average total
relative need distribution factors and population
adjustment factors from fiscal years 2005 through 2011
for a tribe bears to the average total of relative need
distribution factors and population adjustment factors
for fiscal years 2005 through 2011 in that region.
‘‘(C) TRIBAL SUPPLEMENTAL FUNDING.—
‘‘(i) TRIBAL SUPPLEMENTAL FUNDING AMOUNT.—Of
funds made available for each fiscal year for the tribal
transportation program, the Secretary shall set aside
the following amount for a tribal supplemental program:
‘‘(I) If the amount made available for the tribal
transportation program is less than or equal to
$275,000,000, 30 percent of such amount.
‘‘(II) If the amount made available for the
tribal
transportation
program
exceeds
$275,000,000—
‘‘(aa) $82,500,000; plus
‘‘(bb) 12.5 percent of the amount made
available for the tribal transportation program
in excess of $275,000,000.
‘‘(ii) TRIBAL SUPPLEMENTAL ALLOCATION.—The Secretary shall distribute tribal supplemental funds as
follows:
‘‘(I) DISTRIBUTION AMONG REGIONS.—Of the
amounts set aside under clause (i), the Secretary
shall distribute to each region of the Bureau of
Indian Affairs a share of tribal supplemental funds
in proportion to the regional total of tribal shares
based on the cumulative tribal shares of all Indian
tribes within such region under subparagraph (B).
‘‘(II) DISTRIBUTION WITHIN A REGION.—Of the
amount that a region receives under subclause
(I), the Secretary shall distribute tribal supplemental funding among Indian tribes within such
region as follows:
‘‘(aa) TRIBAL SUPPLEMENTAL AMOUNTS.—
The Secretary shall determine—
‘‘(AA) which such Indian tribes would
be entitled under subparagraph (A) to
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receive in a fiscal year less funding than
they would receive in fiscal year 2011
pursuant to the relative need distribution
factor and population adjustment factor,
as described in subpart C of part 170 of
title 25, Code of Federal Regulations (as
in effect on the date of enactment of the
MAP–21); and
‘‘(BB) the combined amount that such
Indian tribes would be entitled to receive
in fiscal year 2011 pursuant to such relative need distribution factor and population adjustment factor in excess of the
amount that they would be entitled to
receive in the fiscal year under subparagraph (B).
‘‘(bb) COMBINED AMOUNT.—Subject to subclause (III), the Secretary shall distribute to
each Indian tribe that meets the criteria
described in item (aa)(AA) a share of funding
under this subparagraph in proportion to the
share of the combined amount determined
under item (aa)(BB) attributable to such
Indian tribe.
‘‘(III) CEILING.—An Indian tribe may not
receive under subclause (II) and based on its tribal
share under subparagraph (A) a combined amount
that exceeds the amount that such Indian tribe
would be entitled to receive in fiscal year 2011
pursuant to the relative need distribution factor
and population adjustment factor, as described in
subpart C of part 170 of title 25, Code of Federal
Regulations (as in effect on the date of enactment
of the MAP–21).
‘‘(IV) OTHER AMOUNTS.—If the amount made
available for a region under subclause (I) exceeds
the amount distributed among Indian tribes within
that region under subclause (II), the Secretary
shall distribute the remainder of such region’s
funding under such subclause among all Indian
tribes in that region in proportion to the combined
amount that each such Indian tribe received under
subparagraph (A) and subclauses (I), (II), and
(III).]
‘‘(4) TRANSFERRED FUNDS.—
‘‘(A) IN GENERAL.—Not later than 30 days after the
date on which funds are made available to the Secretary
of the Interior under this paragraph, the funds shall be
distributed to, and made available for immediate use by,
eligible Indian tribes, in accordance with the formula for
distribution of funds under the tribal transportation program.
‘‘(B) USE OF FUNDS.—Notwithstanding any other provision of this section, funds made available to Indian tribes
for tribal transportation facilities shall be expended on
projects identified in a transportation improvement program approved by the Secretary.
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126 STAT. 483
‘‘(5) HEALTH AND SAFETY ASSURANCES.—Notwithstanding
any other provision of law, an Indian tribal government may
approve plans, specifications, and estimates and commence road
and bridge construction with funds made available from the
tribal transportation program through a contract or agreement
under Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.), if the Indian tribal government—
‘‘(A) provides assurances in the contract or agreement
that the construction will meet or exceed applicable health
and safety standards;
‘‘(B) obtains the advance review of the plans and specifications from a State-licensed civil engineer that has certified that the plans and specifications meet or exceed
the applicable health and safety standards; and
‘‘(C) provides a copy of the certification under subparagraph (A) to the Deputy Assistant Secretary for Tribal
Government Affairs, Department of Transportation, or the
Assistant Secretary for Indian Affairs, Department of the
Interior, as appropriate.
‘‘(6) CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available
through the Secretary of the Interior under this chapter
and section 125(e) for tribal transportation facilities to
pay for the costs of programs, services, functions, and
activities, or portions of programs, services, functions, or
activities, that are specifically or functionally related to
the cost of planning, research, engineering, and construction of any tribal transportation facility shall be made
available, upon request of the Indian tribal government,
to the Indian tribal government for contracts and agreements for such planning, research, engineering, and
construction in accordance with Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.).
‘‘(B) EXCLUSION OF AGENCY PARTICIPATION.—All funds,
including contract support costs, for programs, functions,
services, or activities, or portions of programs, services,
functions, or activities, including supportive administrative
functions that are otherwise contractible to which subparagraph (A) applies, shall be paid in accordance with subparagraph (A), without regard to the organizational level at
which the Department of the Interior has previously carried
out such programs, functions, services, or activities.
‘‘(7) CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available
to an Indian tribal government under this chapter for
a tribal transportation facility program or project shall
be made available, on the request of the Indian tribal
government, to the Indian tribal government for use in
carrying out, in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),
contracts and agreements for the planning, research,
design, engineering, construction, and maintenance relating
to the program or project.
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126 STAT. 484
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(B) EXCLUSION OF AGENCY PARTICIPATION.—In accordance with subparagraph (A), all funds, including contract
support costs, for a program or project to which subparagraph (A) applies shall be paid to the Indian tribal government without regard to the organizational level at which
the Department of the Interior has previously carried out,
or the Department of Transportation has previously carried
out under the tribal transportation program, the programs,
functions, services, or activities involved.
‘‘(C) CONSORTIA.—Two or more Indian tribes that are
otherwise eligible to participate in a program or project
to which this chapter applies may form a consortium to
be considered as a single Indian tribe for the purpose
of participating in the project under this section.
‘‘(D) SECRETARY AS SIGNATORY.—Notwithstanding any
other provision of law, the Secretary is authorized to enter
into a funding agreement with an Indian tribal government
to carry out a tribal transportation facility program or
project under subparagraph (A) that is located on an Indian
reservation or provides access to the reservation or a
community of the Indian tribe.
‘‘(E) FUNDING.—The amount an Indian tribal government receives for a program or project under subparagraph
(A) shall equal the sum of the funding that the Indian
tribal government would otherwise receive for the program
or project in accordance with the funding formula established under this subsection and such additional amounts
as the Secretary determines equal the amounts that would
have been withheld for the costs of the Bureau of Indian
Affairs for administration of the program or project.
‘‘(F) ELIGIBILITY.—
‘‘(i) IN GENERAL.—Subject to clause (ii) and the
approval of the Secretary, funds may be made available
under subparagraph (A) to an Indian tribal government
for a program or project in a fiscal year only if the
Indian tribal government requesting such funds demonstrates to the satisfaction of the Secretary financial
stability and financial management capability during
the 3 fiscal years immediately preceding the fiscal
year for which the request is being made.
‘‘(ii) CONSIDERATIONS.—An Indian tribal government that had no uncorrected significant and material
audit exceptions in the required annual audit of the
contracts or self-governance funding agreements made
by the Indian tribe with any Federal agency under
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) during the 3-fiscal
year period referred in clause (i) shall be conclusive
evidence of the financial stability and financial
management capability of the Indian tribe for purposes
of clause (i).
‘‘(G) ASSUMPTION OF FUNCTIONS AND DUTIES.—An
Indian tribal government receiving funding under subparagraph (A) for a program or project shall assume all functions and duties that the Secretary of the Interior would
have performed with respect to a program or project under
this chapter, other than those functions and duties that
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 485
inherently cannot be legally transferred under the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
‘‘(H) POWERS.—An Indian tribal government receiving
funding under subparagraph (A) for a program or project
shall have all powers that the Secretary of the Interior
would have exercised in administering the funds transferred to the Indian tribal government for such program
or project under this section if the funds had not been
transferred, except to the extent that such powers are
powers that inherently cannot be legally transferred under
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.).
‘‘(I) DISPUTE RESOLUTION.—In the event of a disagreement between the Secretary or the Secretary of the Interior
and an Indian tribe over whether a particular function,
duty, or power may be lawfully transferred to the Indian
tribe under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.), the Indian tribe
shall have the right to pursue all alternative dispute resolution and appeal procedures authorized by that Act,
including regulations issued to carry out the Act.
‘‘(J) TERMINATION OF CONTRACT OR AGREEMENT.—On
the date of the termination of a contract or agreement
under this section by an Indian tribal government, the
Secretary shall transfer all funds that would have been
allocated to the Indian tribal government under the contract or agreement to the Secretary of the Interior to provide continued transportation services in accordance with
applicable law.
‘‘(c) PLANNING.—
‘‘(1) IN GENERAL.—For each fiscal year, not more than
2 percent of the funds made available for the tribal transportation program shall be allocated among Indian tribal governments that apply for transportation planning pursuant to the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
‘‘(2) REQUIREMENT.—An Indian tribal government, in
cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or metropolitan planning
organization, shall carry out a transportation planning process
in accordance with section 201(c).
‘‘(3) SELECTION AND APPROVAL OF PROJECTS.—A project
funded under this section shall be—
‘‘(A) selected by the Indian tribal government from
the transportation improvement program; and
‘‘(B) subject to the approval of the Secretary of the
Interior and the Secretary.
‘‘(d) TRIBAL TRANSPORTATION FACILITY BRIDGES.—
‘‘(1) NATIONWIDE PRIORITY PROGRAM.—The Secretary shall
maintain a nationwide priority program for improving deficient
bridges eligible for the tribal transportation program.
‘‘(2) FUNDING.—Before making any distribution under subsection (b), the Secretary shall set aside not more than 2
percent of the funds made available under the tribal transportation program for each fiscal year to be allocated—
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‘‘(A) to carry out any planning, design, engineering,
preconstruction, construction, and inspection of a project
to replace, rehabilitate, seismically retrofit, paint, apply
calcium magnesium acetate, sodium acetate/formate, or
other environmentally acceptable, minimally corrosive antiicing and deicing composition; or
‘‘(B) to implement any countermeasure for deficient
tribal transportation facility bridges, including multiplepipe culverts.
‘‘(3) ELIGIBLE BRIDGES.—To be eligible to receive funding
under this subsection, a bridge described in paragraph (1)
shall—
‘‘(A) have an opening of not less than 20 feet;
‘‘(B) be classified as a tribal transportation facility;
and
‘‘(C) be structurally deficient or functionally obsolete.
‘‘(4) APPROVAL REQUIREMENT.—The Secretary may make
funds available under this subsection for preliminary
engineering, construction, and construction engineering activities after approval of required documentation and verification
of eligibility in accordance with this title.
‘‘(e) SAFETY.—
‘‘(1) FUNDING.—Before making any distribution under subsection (b), the Secretary shall set aside not more than 2
percent of the funds made available under the tribal transportation program for each fiscal year to be allocated based on
an identification and analysis of highway safety issues and
opportunities on tribal land, as determined by the Secretary,
on application of the Indian tribal governments for eligible
projects described in section 148(a)(4).
‘‘(2) PROJECT SELECTION.—An Indian tribal government,
in cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or metropolitan planning
organization, shall select projects from the transportation
improvement program, subject to the approval of the Secretary
and the Secretary of the Interior.
‘‘(f) FEDERAL-AID ELIGIBLE PROJECTS.—Before approving as a
project on a tribal transportation facility any project eligible for
funds apportioned under section 104 in a State, the Secretary
shall, for projects on tribal transportation facilities, determine that
the obligation of funds for the project is supplementary to and
not in lieu of the obligation of a fair and equitable share of funds
apportioned to the State under section 104.
‘‘§ 203. Federal lands transportation program
‘‘(a) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Funds made available under the Federal
lands transportation program shall be used by the Secretary
of Transportation and the Secretary of the appropriate Federal
land management agency to pay the costs of—
‘‘(A) program administration, transportation planning,
research, preventive maintenance, engineering, rehabilitation, restoration, construction, and reconstruction of Federal lands transportation facilities, and—
‘‘(i) adjacent vehicular parking areas;
‘‘(ii) acquisition of necessary scenic easements and
scenic or historic sites;
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PUBLIC LAW 112–141—JULY 6, 2012
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‘‘(iii) provision for pedestrians and bicycles;
‘‘(iv) environmental mitigation in or adjacent to
Federal land open to the public—
‘‘(I) to improve public safety and reduce
vehicle-caused wildlife mortality while maintaining
habitat connectivity; and
‘‘(II) to mitigate the damage to wildlife, aquatic
organism passage, habitat, and ecosystem
connectivity, including the costs of constructing,
maintaining, replacing, or removing culverts and
bridges, as appropriate;
‘‘(v) construction and reconstruction of roadside
rest areas, including sanitary and water facilities;
‘‘(vi) congestion mitigation; and
‘‘(vii) other appropriate public road facilities, as
determined by the Secretary;
‘‘(B) operation and maintenance of transit facilities;
‘‘(C) any transportation project eligible for assistance
under this title that is on a public road within or adjacent
to, or that provides access to, Federal lands open to the
public; and
‘‘(D) not more $10,000,000 of the amounts made available per fiscal year to carry out this section for activities
eligible under subparagraph (A)(iv).
‘‘(2) CONTRACT.—In connection with an activity described
in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity
with—
‘‘(A) a State (including a political subdivision of a
State); or
‘‘(B) an Indian tribe.
‘‘(3) ADMINISTRATION.—All appropriations for the construction and improvement of Federal lands transportation facilities
shall be administered in conformity with regulations and agreements jointly approved by the Secretary and the Secretary
of the appropriate Federal land managing agency.
‘‘(4) COOPERATION.—
‘‘(A) IN GENERAL.—The cooperation of States, counties,
or other local subdivisions may be accepted in construction
and improvement.
‘‘(B) FUNDS RECEIVED.—Any funds received from a
State, county, or local subdivision shall be credited to
appropriations available for the class of Federal lands
transportation facilities to which the funds were contributed.
‘‘(5) COMPETITIVE BIDDING.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B),
construction of each project shall be performed by contract
awarded by competitive bidding.
‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply
if the Secretary or the Secretary of the appropriate Federal
land management agency affirmatively finds that, under
the circumstances relating to the project, a different method
is in the public interest.
‘‘(b) AGENCY PROGRAM DISTRIBUTIONS.—
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(1) IN GENERAL.—On October 1, 2011, and on October
1 of each fiscal year thereafter, the Secretary shall allocate
the sums authorized to be appropriated for the fiscal year
for the Federal lands transportation program on the basis of
applications of need, as determined by the Secretary—
‘‘(A) in consultation with the Secretaries of the
applicable Federal land management agencies; and
‘‘(B) in coordination with the transportation plans
required under section 201 of the respective transportation
systems of—
‘‘(i) the National Park Service;
‘‘(ii) the Forest Service;
‘‘(iii) the United States Fish and Wildlife Service;
‘‘(iv) the Corps of Engineers; and
‘‘(v) the Bureau of Land Management.
‘‘(2) APPLICATIONS.—
‘‘(A) REQUIREMENTS.—Each application submitted by
a Federal land management agency shall include proposed
programs at various potential funding levels, as defined
by the Secretary following collaborative discussions with
applicable Federal land management agencies.
‘‘(B) CONSIDERATION BY SECRETARY.—In evaluating an
application submitted under subparagraph (A), the Secretary shall consider the extent to which the programs
support—
‘‘(i) the transportation goals of—
‘‘(I) a state of good repair of transportation
facilities;
‘‘(II) a reduction of bridge deficiencies, and
‘‘(III) an improvement of safety;
‘‘(ii) high-use Federal recreational sites or Federal
economic generators; and
‘‘(iii) the resource and asset management goals
of the Secretary of the respective Federal land management agency.
‘‘(C) PERMISSIVE CONTENTS.—Applications may include
proposed programs the duration of which extend over a
multiple-year period to support long-term transportation
planning and resource management initiatives.
‘‘(c) NATIONAL FEDERAL LANDS TRANSPORTATION FACILITY
INVENTORY.—
‘‘(1) IN GENERAL.—The Secretaries of the appropriate Federal land management agencies, in cooperation with the Secretary, shall maintain a comprehensive national inventory of
public Federal lands transportation facilities.
‘‘(2) TRANSPORTATION FACILITIES INCLUDED IN THE INVENTORIES.—To identify the Federal lands transportation system
and determine the relative transportation needs among Federal
land management agencies, the inventories shall include, at
a minimum, facilities that—
‘‘(A) provide access to high-use Federal recreation sites
or Federal economic generators, as determined by the Secretary in coordination with the respective Secretaries of
the appropriate Federal land management agencies; and
‘‘(B) are owned by 1 of the following agencies:
‘‘(i) The National Park Service.
‘‘(ii) The Forest Service.
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‘‘(iii) The United States Fish and Wildlife Service.
‘‘(iv) The Bureau of Land Management.
‘‘(v) The Corps of Engineers.
‘‘(3) AVAILABILITY.—The inventories shall be made available
to the Secretary.
‘‘(4) UPDATES.—The Secretaries of the appropriate Federal
land management agencies shall update the inventories of the
appropriate Federal land management agencies, as determined
by the Secretary after collaborative discussions with the Secretaries of the appropriate Federal land management agencies.
‘‘(5) REVIEW.—A decision to add or remove a facility from
the inventory shall not be considered a Federal action for
purposes of review under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(d) BICYCLE SAFETY.—The Secretary of the appropriate Federal
land management agency shall prohibit the use of bicycles on each
federally owned road that has a speed limit of 30 miles per hour
or greater and an adjacent paved path for use by bicycles within
100 yards of the road unless the Secretary determines that the
bicycle level of service on that roadway is rated B or higher.
‘‘§ 204. Federal lands access program
‘‘(a) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Funds made available under the Federal
lands access program shall be used by the Secretary of
Transportation and the Secretary of the appropriate Federal
land management agency to pay the cost of—
‘‘(A) transportation planning, research, engineering,
preventive
maintenance,
rehabilitation,
restoration,
construction, and reconstruction of Federal lands access
transportation facilities located on or adjacent to, or that
provide access to, Federal land, and—
‘‘(i) adjacent vehicular parking areas;
‘‘(ii) acquisition of necessary scenic easements and
scenic or historic sites;
‘‘(iii) provisions for pedestrians and bicycles;
‘‘(iv) environmental mitigation in or adjacent to
Federal land to improve public safety and reduce
vehicle-caused wildlife mortality while maintaining
habitat connectivity;
‘‘(v) construction and reconstruction of roadside
rest areas, including sanitary and water facilities; and
‘‘(vi) other appropriate public road facilities, as
determined by the Secretary;
‘‘(B) operation and maintenance of transit facilities;
and
‘‘(C) any transportation project eligible for assistance
under this title that is within or adjacent to, or that provides access to, Federal land.
‘‘(2) CONTRACT.—In connection with an activity described
in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to the activity
with—
‘‘(A) a State (including a political subdivision of a
State); or
‘‘(B) an Indian tribe.
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126 STAT. 490
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(3) ADMINISTRATION.—All appropriations for the construction and improvement of Federal lands access transportation
facilities shall be administered in conformity with regulations
and agreements approved by the Secretary.
‘‘(4) COOPERATION.—
‘‘(A) IN GENERAL.—The cooperation of States, counties,
or other local subdivisions may be accepted in construction
and improvement.
‘‘(B) FUNDS RECEIVED.—Any funds received from a
State, county, or local subdivision for a Federal lands access
transportation facility project shall be credited to appropriations available under the Federal lands access program.
‘‘(5) COMPETITIVE BIDDING.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B),
construction of each project shall be performed by contract
awarded by competitive bidding.
‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply
if the Secretary or the Secretary of the appropriate Federal
land management agency affirmatively finds that, under
the circumstances relating to the project, a different method
is in the public interest.
‘‘(b) PROGRAM DISTRIBUTIONS.—
‘‘(1) IN GENERAL.—Funding made available to carry out
the Federal lands access program shall be allocated among
those States that have Federal land, in accordance with the
following formula:
‘‘(A) 80 percent of the available funding for use in
those States that contain at least 1 1⁄2 percent of the
total public land in the United States managed by the
agencies described in paragraph (2), to be distributed as
follows:
‘‘(i) 30 percent in the ratio that—
‘‘(I) recreational visitation within each such
State; bears to
‘‘(II) the recreational visitation within all such
States.
‘‘(ii) 5 percent in the ratio that—
‘‘(I) the Federal land area within each such
State; bears to
‘‘(II) the Federal land area in all such States.
‘‘(iii) 55 percent in the ratio that—
‘‘(I) the Federal public road miles within each
such State; bears to
‘‘(II) the Federal public road miles in all such
States.
‘‘(iv) 10 percent in the ratio that—
‘‘(I) the number of Federal public bridges
within each such State; bears to
‘‘(II) the number of Federal public bridges in
all such States.
‘‘(B) 20 percent of the available funding for use in
those States that do not contain at least 1 1⁄2 percent
of the total public land in the United States managed
by the agencies described in paragraph (2), to be distributed
as follows:
‘‘(i) 30 percent in the ratio that—
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‘‘(I) recreational visitation within each such
State; bears to
‘‘(II) the recreational visitation within all such
States.
‘‘(ii) 5 percent in the ratio that—
‘‘(I) the Federal land area within each such
State; bears to
‘‘(II) the Federal land area in all such States.
‘‘(iii) 55 percent in the ratio that—
‘‘(I) the Federal public road miles within each
such State; bears to
‘‘(II) the Federal public road miles in all such
States.
‘‘(iv) 10 percent in the ratio that—
‘‘(I) the number of Federal public bridges
within each such State; bears to
‘‘(II) the number of Federal public bridges in
all such States.
‘‘(2) DATA SOURCE.—Data necessary to distribute funding
under paragraph (1) shall be provided by the following Federal
land management agencies:
‘‘(A) The National Park Service.
‘‘(B) The Forest Service.
‘‘(C) The United States Fish and Wildlife Service.
‘‘(D) The Bureau of Land Management.
‘‘(E) The Corps of Engineers.
‘‘(c) PROGRAMMING DECISIONS COMMITTEE.—
‘‘(1) IN GENERAL.—Programming decisions shall be made
within each State by a committee comprised of—
‘‘(A) a representative of the Federal Highway Administration;
‘‘(B) a representative of the State Department of
Transportation; and
‘‘(C) a representative of any appropriate political subdivision of the State.
‘‘(2)
CONSULTATION
REQUIREMENT.—The
committee
described in paragraph (1) shall cooperate with each applicable
Federal agency in each State before any joint discussion or
final programming decision.
‘‘(3) PROJECT PREFERENCE.—In making a programming
decision under paragraph (1), the committee shall give preference to projects that provide access to, are adjacent to, or
are located within high-use Federal recreation sites or Federal
economic generators, as identified by the Secretaries of the
appropriate Federal land management agencies.’’.
(b) PUBLIC LANDS DEVELOPMENT ROADS AND TRAILS.—Section
214 of title 23, United States Code, is repealed.
(c) CONFORMING AMENDMENTS.—
(1) CHAPTER 2 ANALYSIS.—The analysis for chapter 2 of
title 23, United States Code, is amended—
(A) by striking the items relating to sections 201
through 204 and inserting the following:
‘‘201.
‘‘202.
‘‘203.
‘‘204.
Repeal.
Federal lands and tribal transportation programs.
Tribal transportation program.
Federal lands transportation program.
Federal lands access program.’’; and
(B) by striking the item relating to section 214.
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PUBLIC LAW 112–141—JULY 6, 2012
(2) DEFINITION.—Section 138(a) of title 23, United States
Code, is amended in the third sentence by striking ‘‘park road
or parkway under section 204 of this title’’ and inserting ‘‘Federal lands transportation facility’’.
(3) RULES, REGULATIONS, AND RECOMMENDATIONS.—Section
315 of title 23, United States Code, is amended by striking
‘‘204(f)’’ and inserting ‘‘202(a)(5), 203(a)(3),’’.
SEC. 1120. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.
Deadline.
Deadline.
Reports.
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Section 1301 of the SAFETEA–LU (23 U.S.C. 101 note; 119
Stat. 1198) is amended—
(1) in subsection (b), by striking ‘‘States’’ and inserting
‘‘eligible applicants’’;
(2) in subsection (c), by striking paragraph (3) and inserting
the following:
‘‘(3) ELIGIBLE APPLICANT.—The term ‘eligible applicant’
means—
‘‘(A) a State department of transportation or a group
of State departments of transportation;
‘‘(B) a tribal government or consortium of tribal governments;
‘‘(C) a transit agency; or
‘‘(D) a multi-State or multi-jurisdictional group of the
agencies described in subparagraphs (A) through (C).’’;
(3) in subsection (d)(2), by striking ‘‘75’’ and inserting ‘‘50’’;
(4) in subsection (e), by striking ‘‘State’’ and inserting
‘‘eligible applicant’’;
(5) in subsection (f)(3) by striking subparagraph (B) and
inserting the following:
‘‘(B) improves roadways vital to national energy security; and’’;
(6) in subsection (g)(1) by adding at the end the following:
‘‘(E) CONGRESSIONAL APPROVAL.—The Secretary may
not issue a letter of intent, enter into a full funding grant
agreement under paragraph (2), or make any other obligation or commitment to fund a project under this section
if a joint resolution of disapproval is enacted disapproving
funding for the project before the last day of the 60-day
period described in subparagraph (B).’’;
(7) in subsection (k), by adding at the end the following:
‘‘(3) PROJECT SELECTION JUSTIFICATIONS.—
‘‘(A) IN GENERAL.—Not later than 30 days after the
date on which the Secretary selects a project for funding
under this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment
and Public Works of the Senate a report that describes
the reasons for selecting the project, based on the criteria
described in subsection (f).
‘‘(B) INCLUSIONS.—The report submitted under
subparagraph (A) shall specify each criteria described in
subsection (f) that the project meets.
‘‘(C) AVAILABILITY.—The Secretary shall make available on the website of the Department the report submitted
under subparagraph (A).’’; and
(8) by striking subsections (l) and (m) and inserting the
following:
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‘‘(l) REPORT.—
‘‘(1) IN GENERAL.—Not later than 2 years after the date
of enactment of the MAP–21, the Secretary shall submit a
report to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment and Public Works of the Senate regarding projects of
national and regional significance.
‘‘(2) PURPOSE.—The purpose of the report issued under
this subsection shall be to identify projects of national and
regional significance that—
‘‘(A) will significantly improve the performance of the
Federal-aid highway system, nationally or regionally;
‘‘(B) is able to—
‘‘(i) generate national economic benefits that
reasonably exceed the costs of the projects, including
increased access to jobs, labor, and other critical economic inputs;
‘‘(ii) reduce long-term congestion, including impacts
in the State, region, and the United States, and
increase speed, reliability, and accessibility of the
movement of people or freight; and
‘‘(iii) improve transportation safety, including
reducing transportation accidents, and serious injuries
and fatalities; and
‘‘(C) can be supported by an acceptable degree of nonFederal financial commitments.
‘‘(3) CONTENTS.—The report issued under this subsection
shall include—
‘‘(A) a comprehensive list of each project of national
and regional significance that—
‘‘(i) has been complied through a survey of State
departments of transportation; and
‘‘(ii) has been classified by the Secretary as a
project of regional or national significance in accordance with this section;
‘‘(B) an analysis of the information collected under
paragraph (1), including a discussion of the factors supporting each classification of a project as a project of
regional or national significance; and
‘‘(C) recommendations on financing for eligible project
costs.
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $500,000,000 for fiscal
year 2013, to remain available until expended.’’.
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SEC. 1121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.
(a) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.—Section 147 of title 23, United States Code, is
amended—
(1) by striking subsections (c) and (d);
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (b) the following:
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(c) DISTRIBUTION OF FUNDS.—Of the amounts made available
to ferry systems and public entities responsible for developing ferries under this section for a fiscal year, 100 percent shall be allocated in accordance with the formula set forth in subsection (d).
‘‘(d) FORMULA.—Of the amounts allocated pursuant to subsection (c)—
‘‘(1) 20 percent shall be allocated among eligible entities
in the proportion that—
‘‘(A) the number of ferry passengers carried by each
ferry system in the most recent fiscal year; bears to
‘‘(B) the number of ferry passengers carried by all
ferry systems in the most recent fiscal year;
‘‘(2) 45 percent shall be allocated among eligible entities
in the proportion that—
‘‘(A) the number of vehicles carried by each ferry
system in the most recent fiscal year; bears to
‘‘(B) the number of vehicles carried by all ferry systems
in the most recent fiscal year; and
‘‘(3) 35 percent shall be allocated among eligible entities
in the proportion that—
‘‘(A) the total route miles serviced by each ferry system;
bears to
‘‘(B) the total route miles serviced by all ferry systems.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section $67,000,000
for each of fiscal years 2013 and 2014.’’.
(b) NATIONAL FERRY DATABASE.—Section 1801(e) of the
SAFETEA–LU (23 U.S.C. 129 note; Public Law 109–59) is
amended—
(1) in paragraph (2), by inserting ‘‘, including any Federal,
State, and local government funding sources,’’ after ‘‘sources’’;
and
(2) in paragraph (4)—
(A) in subparagraph (B), by striking ‘‘and’’ at the end;
(B) by redesignating subparagraph (C) as subparagraph (D);
(C) by inserting after subparagraph (B), the following:
‘‘(C) ensure that the database is consistent with the
national transit database maintained by the Federal
Transit Administration; and’’; and
(D) in subparagraph (D) (as redesignated by subparagraph (B)), by striking ‘‘2009’’ and inserting ‘‘2014’’.
SEC. 1122. TRANSPORTATION ALTERNATIVES.
(a) IN GENERAL.—Section 213 of title 23, United States Code,
is amended to read as follows:
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‘‘§ 213. Transportation alternatives
‘‘(a) RESERVATION OF FUNDS.—
‘‘(1) IN GENERAL.—On October 1 of each of fiscal years
2013 and 2014, the Secretary shall proportionally reserve from
the funds apportioned to a State under section 104(b) to carry
out the requirements of this section an amount equal to the
amount obtained by multiplying the amount determined under
paragraph (2) by the ratio that—
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 495
‘‘(A) the amount apportioned to the State for the
transportation enhancements program for fiscal year 2009
under section 133(d)(2), as in effect on the day before
the date of enactment of the MAP-21; bears to
‘‘(B) the total amount of funds apportioned to all States
for that fiscal year for the transportation enhancements
program for fiscal year 2009.
‘‘(2) CALCULATION OF NATIONAL AMOUNT.—The Secretary
shall determine an amount for each fiscal year that is equal
to 2 percent of the amounts authorized to be appropriated
for such fiscal year from the Highway Trust Fund (other than
the Mass Transit Account) to carry out chapters 1, 2, 5, and
6 of this title.
‘‘(b) ELIGIBLE PROJECTS.—A State may obligate the funds
reserved under this section for any of the following projects or
activities:
‘‘(1) Transportation alternatives, as defined in section 101.
‘‘(2) The recreational trails program under section 206.
‘‘(3) The safe routes to school program under section 1404
of the SAFETEA–LU (23 U.S.C. 402 note; Public Law 109–
59).
‘‘(4) Planning, designing, or constructing boulevards and
other roadways largely in the right-of-way of former Interstate
System routes or other divided highways.
‘‘(c) ALLOCATIONS OF FUNDS.—
‘‘(1) CALCULATION.—Of the funds reserved in a State under
this section—
‘‘(A) 50 percent for a fiscal year shall be obligated
under this section to any eligible entity in proportion to
their relative shares of the population of the State—
‘‘(i) in urbanized areas of the State with an urbanized area population of over 200,000;
‘‘(ii) in areas of the State other than urban areas
with a population greater than 5,000; and
‘‘(iii) in other areas of the State; and
‘‘(B) 50 percent shall be obligated in any area of the
State.
‘‘(2) METROPOLITAN AREAS.—Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the
metropolitan area established under section 134 that encompasses the urbanized area.
‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS OF OVER 200,000
POPULATION.—
‘‘(A) IN GENERAL.—Except as provided in paragraph
(1)(B), the amount of funds that a State is required to
obligate under paragraph (1)(A)(i) shall be obligated in
urbanized areas described in paragraph (1)(A)(i) based on
the relative population of the areas.
‘‘(B) OTHER FACTORS.—A State may obligate the funds
described in subparagraph (A) based on other factors if
the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to
base the obligation on other factors and the Secretary
grants the request.
‘‘(4) ACCESS TO FUNDS.—
‘‘(A) IN GENERAL.—Each State or metropolitan planning
organization required to obligate funds in accordance with
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paragraph (1) shall develop a competitive process to allow
eligible entities to submit projects for funding that achieve
the objectives of this subsection.
‘‘(B) DEFINITION OF ELIGIBLE ENTITY.—In this paragraph, the term ‘eligible entity’ means—
‘‘(i) a local government;
‘‘(ii) a regional transportation authority;
‘‘(iii) a transit agency;
‘‘(iv) a natural resource or public land agency;
‘‘(v) a school district, local education agency, or
school;
‘‘(vi) a tribal government; and
‘‘(vii) any other local or regional governmental
entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan
planning organization or a State agency) that the State
determines to be eligible, consistent with the goals
of this subsection.
‘‘(5) SELECTION OF PROJECTS.—For funds reserved in a State
under this section and suballocated to a metropolitan planning
area under paragraph (1)(A)(i), each such metropolitan planning
organization shall select projects carried out within the boundaries of the applicable metropolitan planning area, in consultation with the relevant State.
‘‘(d) FLEXIBILITY OF EXCESS RESERVED FUNDING.—Beginning
in the second fiscal year after the date of enactment of the MAP21, if on August 1 of that fiscal year the unobligated balance
of available funds reserved by a State under this section exceeds
100 percent of such reserved amount in such fiscal year, the State
may thereafter obligate the amount of excess funds for any
activity—
‘‘(1) that is eligible to receive funding under this section;
or
‘‘(2) for which the Secretary has approved the obligation
of funds for any State under section 149.
‘‘(e) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, projects funded under this section (excluding those
carried out under subsection (f)) shall be treated as projects on
a Federal-aid highway under this chapter.
‘‘(f) CONTINUATION OF CERTAIN RECREATIONAL TRAILS
PROJECTS.—Each State shall—
‘‘(1) obligate an amount of funds reserved under this section
equal to the amount of the funds apportioned to the State
for fiscal year 2009 under section 104(h)(2) for projects relating
to recreational trails under section 206;
‘‘(2) return 1 percent of those funds to the Secretary for
the administration of that program; and
‘‘(3) comply with the provisions of the administration of
the recreational trails program under section 206, including
the use of apportioned funds described under subsection
(d)(3)(A) of that section.
‘‘(g) STATE FLEXIBILITY.—A State may opt out of the recreational
trails program under subsection (f) if the Governor of the State
notifies the Secretary not later than 30 days prior to apportionments
being made for any fiscal year.’’.
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(b) CONFORMING AMENDMENT.—The analysis for chapter 2 of
title 23, United States Code, is amended by striking the item
relating to section 213 and inserting the following:
‘‘213. Transportation alternatives’’.
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SEC. 1123. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
23 USC 202 note.
(a) DEFINITIONS.—In this section:
(1) EMERGENCY OR DISASTER.—The term ‘‘emergency or
disaster’’ means damage to a tribal transportation facility
that—
(A) renders the tribal transportation facility impassable
or unusable;
(B) is caused by—
(i) a natural disaster over a widespread area; or
(ii) a catastrophic failure from an external cause;
and
(C) would be eligible under the emergency relief program under section 125 of title 23, United States Code,
but does not meet the funding thresholds required by that
section.
(2) LIST.—The term ‘‘list’’ means the funding priority list
developed under subsection (c)(5).
(3) PROGRAM.—The term ‘‘program’’ means the Tribal High
Priority Projects program established under subsection (b)(1).
(4) PROJECT.—The term ‘‘project’’ means a project provided
funds under the program.
(b) PROGRAM.—
(1) IN GENERAL.—The Secretary shall use amounts made
available under subsection (h) to carry out a Tribal High Priority Projects program under which funds shall be provided
to eligible applicants in accordance with this section.
(2) ELIGIBLE APPLICANTS.—Applicants eligible for program
funds under this section include—
(A) an Indian tribe whose annual allocation of funding
under section 202 of title 23, United States Code, is insufficient to complete the highest priority project of the Indian
tribe;
(B) a governmental subdivision of an Indian tribe—
(i) that is authorized to administer the funding
of the Indian tribe under section 202 of title 23, United
States Code; and
(ii) for which the annual allocation under that
section is insufficient to complete the highest priority
project of the Indian tribe; or
(C) any Indian tribe that has an emergency or disaster
with respect to a transportation facility included on the
national inventory of tribal transportation facilities under
section 202(b)(1) of title 23, United States Code.
(c) PROJECT APPLICATIONS; FUNDING.—
(1) IN GENERAL.—To apply for funds under this section,
an eligible applicant shall submit to the Department of the
Interior or the Department an application that includes—
(A) project scope of work, including deliverables,
budget, and timeline;
(B) the amount of funds requested;
(C) project information addressing—
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(i) the ranking criteria identified in paragraph (3);
or
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(ii) the nature of the emergency or disaster;
(D) documentation that the project meets the definition
of a tribal transportation facility and is included in the
national inventory of tribal transportation facilities under
section 202(b)(1) of title 23, United States Code;
(E) documentation of official tribal action requesting
the project;
(F) documentation from the Indian tribe providing
authority for the Secretary of the Interior to place the
project on a transportation improvement program if the
project is selected and approved; and
(G) any other information the Secretary of the Interior
or Secretary considers appropriate to make a determination.
(2) LIMITATION ON APPLICATIONS.—An applicant for funds
under the program may only have 1 application for assistance
under this section pending at any 1 time, including any emergency or disaster application.
(3) APPLICATION RANKING.—
(A) IN GENERAL.—The Secretary of the Interior and
the Secretary shall determine the eligibility of, and fund,
program applications, subject to the availability of funds.
(B) RANKING CRITERIA.—The project ranking criteria
for applications under this section shall include—
(i) the existence of safety hazards with documented
fatality and injury accidents;
(ii) the number of years since the Indian tribe
last completed a construction project funded by section
202 of title 23, United States Code;
(iii) the readiness of the Indian tribe to proceed
to construction or bridge design need;
(iv) the percentage of project costs matched by
funds that are not provided under section 202 of title
23, United States Code, with projects with a greater
percentage of other sources of matching funds ranked
ahead of lesser matches);
(v) the amount of funds requested, with requests
for lesser amounts given greater priority;
(vi) the challenges caused by geographic isolation;
and
(vii) all weather access for employment, commerce,
health, safety, educational resources, or housing.
(4) PROJECT SCORING MATRIX.—The project scoring matrix
established in the appendix to part 170 of title 25, Code of
Regulations (as in effect on the date of enactment of this
Act) shall be used to rank all applications accepted under
this section.
(5) FUNDING PRIORITY LIST.—
(A) IN GENERAL.—The Secretary of the Interior and
the Secretary shall jointly produce a funding priority list
that ranks the projects approved for funding under the
program.
(B) LIMITATION.—The number of projects on the list
shall be limited by the amount of funding made available.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 499
(6) TIMELINE.—The Secretary of the Interior and the Secretary shall—
(A) require applications for funding no sooner than
60 days after funding is made available pursuant to subsection (a);
(B) notify all applicants and Regions in writing of
acceptance of applications;
(C) rank all accepted applications in accordance with
the project scoring matrix, develop the funding priority
list, and return unaccepted applications to the applicant
with an explanation of deficiencies;
(D) notify all accepted applicants of the projects
included on the funding priority list no later than 180
days after the application deadline has passed pursuant
to subparagraph (A); and
(E) distribute funds to successful applicants.
(d) EMERGENCY OR DISASTER PROJECT APPLICATIONS.—
(1) IN GENERAL.—Notwithstanding subsection (c)(6), an
eligible applicant may submit an emergency or disaster project
application at any time during the fiscal year.
(2) CONSIDERATION AS PRIORITY.—The Secretary shall—
(A) consider project applications submitted under paragraph (1) to be a priority; and
(B) fund the project applications in accordance with
paragraph (3).
(3) FUNDING.—
(A) IN GENERAL.—If an eligible applicant submits an
application for a project under this subsection before the
issuance of the list under subsection (c)(5) and the project
is determined to be eligible for program funds, the Secretary of the Interior shall provide funding for the project
before providing funding for other approved projects on
the list.
(B) SUBMISSION AFTER ISSUANCE OF LIST.—If an eligible
applicant submits an application under this subsection
after the issuance of the list under subsection (c)(5) and
the distribution of program funds in accordance with the
list, the Secretary of the Interior shall provide funding
for the project on the date on which unobligated funds
provided to projects on the list are returned to the Department of the Interior.
(C) EFFECT ON OTHER PROJECTS.—If the Secretary of
the Interior uses funding previously designated for a project
on the list to fund an emergency or disaster project under
this subsection, the project on the list that did not receive
funding as a result of the redesignation of funds shall
move to the top of the list the following year.
(4) EMERGENCY OR DISASTER PROJECT COST.—The cost of
a project submitted as an emergency or disaster under this
subsection shall be at least 10 percent of the distribution of
funds of the Indian tribe under section 202(b) of title 23, United
States Code.
(e) LIMITATION ON USE OF FUNDS.—Program funds shall not
be used for—
(1) transportation planning;
(2) research;
(3) routine maintenance activities;
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(4) structures and erosion protection unrelated to transportation and roadways;
(5) general reservation planning not involving transportation;
(6) landscaping and irrigation systems not involving
transportation programs and projects;
(7) work performed on projects that are not included on
a transportation improvement program approved by the Federal
Highway Administration, unless otherwise authorized by the
Secretary of the Interior and the Secretary;
(8) the purchase of equipment unless otherwise authorized
by Federal law; or
(9) the condemnation of land for recreational trails.
(f) LIMITATION ON PROJECT AMOUNTS.—Project funding shall
be limited to a maximum of $1,000,000 per application, except
that funding for disaster or emergency projects shall also be limited
to the estimated cost of repairing damage to the tribal transportation facility.
(g) COST ESTIMATE CERTIFICATION.—All cost estimates prepared
for a project shall be required to be submitted by the applicant
to the Secretary of the Interior and the Secretary for certification
and approval.
(h) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
$30,000,000 out of the general fund of the Treasury to carry
out the program for each of fiscal years 2013 and 2014.
(2) ADMINISTRATION.—The funds made available under
paragraph (1) shall be administered in the same manner as
funds made available for the tribal transportation program
under section 202 of title 23, United States Code, except that—
(A) the funds made available for the program shall
remain available until September 30 of the third fiscal
year after the year appropriated; and
(B) the Federal share of the cost of a project shall
be 100 percent.
Subtitle B—Performance Management
SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.
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(a) IN GENERAL.—Section 134 of title 23, United States Code,
is amended to read as follows:
‘‘§ 134. Metropolitan transportation planning
‘‘(a) POLICY.—It is in the national interest—
‘‘(1) to encourage and promote the safe and efficient
management, operation, and development of surface transportation systems that will serve the mobility needs of people
and freight and foster economic growth and development within
and between States and urbanized areas, while minimizing
transportation-related fuel consumption and air pollution
through metropolitan and statewide transportation planning
processes identified in this chapter; and
‘‘(2) to encourage the continued improvement and evolution
of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 501
by the planning factors identified in subsection (h) and section
135(d).
‘‘(b) DEFINITIONS.—In this section and section 135, the following
definitions apply:
‘‘(1) METROPOLITAN PLANNING AREA.—The term ‘metropolitan planning area’ means the geographic area determined by
agreement between the metropolitan planning organization for
the area and the Governor under subsection (e).
‘‘(2) METROPOLITAN PLANNING ORGANIZATION.—The term
‘metropolitan planning organization’ means the policy board
of an organization established as a result of the designation
process under subsection (d).
‘‘(3) NONMETROPOLITAN AREA.—The term ‘nonmetropolitan
area’ means a geographic area outside designated metropolitan
planning areas.
‘‘(4) NONMETROPOLITAN LOCAL OFFICIAL.—The term ‘nonmetropolitan local official’ means elected and appointed officials
of general purpose local government in a nonmetropolitan area
with responsibility for transportation.
‘‘(5) REGIONAL TRANSPORTATION PLANNING ORGANIZATION.—
The term ‘regional transportation planning organization’ means
a policy board of an organization established as the result
of a designation under section 135(m).
‘‘(6) TIP.—The term ‘TIP’ means a transportation improvement program developed by a metropolitan planning organization under subsection (j).
‘‘(7) URBANIZED AREA.—The term ‘urbanized area’ means
a geographic area with a population of 50,000 or more, as
determined by the Bureau of the Census.
‘‘(c) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT OF LONG-RANGE PLANS AND TIPS.—To
accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall
develop long-range transportation plans and transportation
improvement programs through a performance-driven, outcomebased approach to planning for metropolitan areas of the State.
‘‘(2) CONTENTS.—The plans and TIPs for each metropolitan
area shall provide for the development and integrated management and operation of transportation systems and facilities
(including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan planning area and as an
integral part of an intermodal transportation system for the
State and the United States.
‘‘(3) PROCESS OF DEVELOPMENT.—The process for developing
the plans and TIPs shall provide for consideration of all modes
of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity
of the transportation problems to be addressed.
‘‘(d) DESIGNATION OF METROPOLITAN PLANNING ORGANIZATIONS.—
‘‘(1) IN GENERAL.—To carry out the transportation planning
process required by this section, a metropolitan planning
organization shall be designated for each urbanized area with
a population of more than 50,000 individuals—
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126 STAT. 502
‘‘(A) by agreement between the Governor and units
of general purpose local government that together represent
at least 75 percent of the affected population (including
the largest incorporated city (based on population) as determined by the Bureau of the Census); or
‘‘(B) in accordance with procedures established by
applicable State or local law.
‘‘(2) STRUCTURE.—Not later than 2 years after the date
of enactment of MAP-21, each metropolitan planning organization that serves an area designated as a transportation management area shall consist of—
‘‘(A) local elected officials;
‘‘(B) officials of public agencies that administer or
operate major modes of transportation in the metropolitan
area, including representation by providers of public
transportation; and
‘‘(C) appropriate State officials.
‘‘(3) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing
in this subsection shall be construed to interfere with the
authority, under any State law in effect on December 18, 1991,
of a public agency with multimodal transportation responsibilities—
‘‘(A) to develop the plans and TIPs for adoption by
a metropolitan planning organization; and
‘‘(B) to develop long-range capital plans, coordinate
transit services and projects, and carry out other activities
pursuant to State law.
‘‘(4) CONTINUING DESIGNATION.—A designation of a metropolitan planning organization under this subsection or any
other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5).
‘‘(5) REDESIGNATION PROCEDURES.—
‘‘(A) IN GENERAL.—A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that
together represent at least 75 percent of the existing planning area population (including the largest incorporated
city (based on population) as determined by the Bureau
of the Census) as appropriate to carry out this section.
‘‘(B) RESTRUCTURING.—A metropolitan planning
organization may be restructured to meet the requirements
of paragraph (2) without undertaking a redesignation.
‘‘(6) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING
ORGANIZATION.—More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan
planning organization determine that the size and complexity
of the existing metropolitan planning area make designation
of more than 1 metropolitan planning organization for the
area appropriate.
‘‘(e) METROPOLITAN PLANNING AREA BOUNDARIES.—
‘‘(1) IN GENERAL.—For the purposes of this section, the
boundaries of a metropolitan planning area shall be determined
by agreement between the metropolitan planning organization
and the Governor.
‘‘(2) INCLUDED AREA.—Each metropolitan planning area—
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‘‘(A) shall encompass at least the existing urbanized
area and the contiguous area expected to become urbanized
within a 20-year forecast period for the transportation plan;
and
‘‘(B) may encompass the entire metropolitan statistical
area or consolidated metropolitan statistical area, as
defined by the Bureau of the Census.
‘‘(3) IDENTIFICATION OF NEW URBANIZED AREAS WITHIN
EXISTING PLANNING AREA BOUNDARIES.—The designation by the
Bureau of the Census of new urbanized areas within an existing
metropolitan planning area shall not require the redesignation
of the existing metropolitan planning organization.
‘‘(4) EXISTING METROPOLITAN PLANNING AREAS IN NONATTAINMENT.—
‘‘(A) IN GENERAL.—Notwithstanding paragraph (2),
except as provided in subparagraph (B), in the case of
an urbanized area designated as a nonattainment area
for ozone or carbon monoxide under the Clean Air Act
(42 U.S.C. 7401 et seq.) as of the date of enactment of
the SAFETEA–LU, the boundaries of the metropolitan
planning area in existence as of such date of enactment
shall be retained.
‘‘(B) EXCEPTION.—The boundaries described in
subparagraph (A) may be adjusted by agreement of the
Governor and affected metropolitan planning organizations
in the manner described in subsection (d)(5).
‘‘(5) NEW METROPOLITAN PLANNING AREAS IN NONATTAINMENT.—In the case of an urbanized area designated after the
date of enactment of the SAFETEA–LU, as a nonattainment
area for ozone or carbon monoxide, the boundaries of the metropolitan planning area—
‘‘(A) shall be established in the manner described in
subsection (d)(1);
‘‘(B) shall encompass the areas described in paragraph
(2)(A);
‘‘(C) may encompass the areas described in paragraph
(2)(B); and
‘‘(D) may address any nonattainment area identified
under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone
or carbon monoxide.
‘‘(f) COORDINATION IN MULTISTATE AREAS.—
‘‘(1) IN GENERAL.—The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the
entire metropolitan area.
‘‘(2) INTERSTATE COMPACTS.—The consent of Congress is
granted to any 2 or more States—
‘‘(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative
efforts and mutual assistance in support of activities
authorized under this section as the activities pertain to
interstate areas and localities within the States; and
‘‘(B) to establish such agencies, joint or otherwise, as
the States may determine desirable for making the agreements and compacts effective.
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‘‘(3) RESERVATION OF RIGHTS.—The right to alter, amend,
or repeal interstate compacts entered into under this subsection
is expressly reserved.
‘‘(g) MPO CONSULTATION IN PLAN AND TIP COORDINATION.—
‘‘(1) NONATTAINMENT AREAS.—If more than 1 metropolitan
planning organization has authority within a metropolitan area
or an area which is designated as a nonattainment area for
ozone or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.), each metropolitan planning organization shall
consult with the other metropolitan planning organizations designated for such area and the State in the coordination of
plans and TIPs required by this section.
‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED IN MULTIPLE
MPOS.—If a transportation improvement, funded from the Highway Trust Fund or authorized under chapter 53 of title 49,
is located within the boundaries of more than 1 metropolitan
planning area, the metropolitan planning organizations shall
coordinate plans and TIPs regarding the transportation
improvement.
‘‘(3) RELATIONSHIP WITH OTHER PLANNING OFFICIALS.—
‘‘(A) IN GENERAL.—The Secretary shall encourage each
metropolitan planning organization to consult with officials
responsible for other types of planning activities that are
affected by transportation in the area (including State and
local planned growth, economic development, environmental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities.
‘‘(B) REQUIREMENTS.—Under the metropolitan planning process, transportation plans and TIPs shall be developed with due consideration of other related planning
activities within the metropolitan area, and the process
shall provide for the design and delivery of transportation
services within the metropolitan area that are provided
by—
‘‘(i) recipients of assistance under chapter 53 of
title 49;
‘‘(ii) governmental agencies and nonprofit organizations (including representatives of the agencies and
organizations) that receive Federal assistance from a
source other than the Department of Transportation
to provide nonemergency transportation services; and
‘‘(iii) recipients of assistance under section 204.
‘‘(h) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—The metropolitan planning process for
a metropolitan planning area under this section shall provide
for consideration of projects and strategies that will—
‘‘(A) support the economic vitality of the metropolitan
area, especially by enabling global competitiveness, productivity, and efficiency;
‘‘(B) increase the safety of the transportation system
for motorized and nonmotorized users;
‘‘(C) increase the security of the transportation system
for motorized and nonmotorized users;
‘‘(D) increase the accessibility and mobility of people
and for freight;
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‘‘(E) protect and enhance the environment, promote
energy conservation, improve the quality of life, and promote consistency between transportation improvements
and State and local planned growth and economic development patterns;
‘‘(F) enhance the integration and connectivity of the
transportation system, across and between modes, for
people and freight;
‘‘(G) promote efficient system management and operation; and
‘‘(H) emphasize the preservation of the existing
transportation system.
‘‘(2) PERFORMANCE-BASED APPROACH.—
‘‘(A) IN GENERAL.—The metropolitan transportation
planning process shall provide for the establishment and
use of a performance-based approach to transportation
decisionmaking to support the national goals described in
section 150(b) of this title and in section 5301(c) of title
49.
‘‘(B) PERFORMANCE TARGETS.—
‘‘(i) SURFACE TRANSPORTATION PERFORMANCE TARGETS.—
‘‘(I) IN GENERAL.—Each metropolitan planning
organization shall establish performance targets
that address the performance measures described
in section 150(c), where applicable, to use in
tracking progress towards attainment of critical
outcomes for the region of the metropolitan planning organization.
‘‘(II) COORDINATION.—Selection of performance
targets by a metropolitan planning organization
shall be coordinated with the relevant State to
ensure consistency, to the maximum extent practicable.
‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE TARGETS.—Selection of performance targets by a metropolitan planning organization shall be coordinated, to the
maximum extent practicable, with providers of public
transportation to ensure consistency with sections
5326(c) and 5329(d) of title 49.
‘‘(C) TIMING.—Each metropolitan planning organization
shall establish the performance targets under subparagraph (B) not later than 180 days after the date on which
the relevant State or provider of public transportation
establishes the performance targets.
‘‘(D) INTEGRATION OF OTHER PERFORMANCE-BASED
PLANS.—A
metropolitan planning organization shall
integrate in the metropolitan transportation planning
process, directly or by reference, the goals, objectives,
performance measures, and targets described in other State
transportation plans and transportation processes, as well
as any plans developed under chapter 53 of title 49 by
providers of public transportation, required as part of a
performance-based program.
‘‘(3) FAILURE TO CONSIDER FACTORS.—The failure to consider any factor specified in paragraphs (1) and (2) shall not
be reviewable by any court under this title or chapter 53
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of title 49, subchapter II of chapter 5 of title 5, or chapter
7 of title 5 in any matter affecting a transportation plan,
a TIP, a project or strategy, or the certification of a planning
process.
‘‘(i) DEVELOPMENT OF TRANSPORTATION PLAN.—
‘‘(1) REQUIREMENTS.—
‘‘(A) IN GENERAL.—Each metropolitan planning
organization shall prepare and update a transportation
plan for its metropolitan planning area in accordance with
the requirements of this subsection.
‘‘(B) FREQUENCY.—
‘‘(i) IN GENERAL.—The metropolitan planning
organization shall prepare and update such plan every
4 years (or more frequently, if the metropolitan planning organization elects to update more frequently)
in the case of each of the following:
‘‘(I) Any area designated as nonattainment,
as defined in section 107(d) of the Clean Air Act
(42 U.S.C. 7407(d)).
‘‘(II) Any area that was nonattainment and
subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C.
7407(d)(3)) and that is subject to a maintenance
plan under section 175A of that Act (42 U.S.C.
7505a).
‘‘(ii) OTHER AREAS.—In the case of any other area
required to have a transportation plan in accordance
with the requirements of this subsection, the metropolitan planning organization shall prepare and update
such plan every 5 years unless the metropolitan planning organization elects to update more frequently.
‘‘(2) TRANSPORTATION PLAN.—A transportation plan under
this section shall be in a form that the Secretary determines
to be appropriate and shall contain, at a minimum, the following:
‘‘(A) IDENTIFICATION OF TRANSPORTATION FACILITIES.—
‘‘(i) IN GENERAL.—An identification of transportation facilities (including major roadways, transit,
multimodal and intermodal facilities, nonmotorized
transportation facilities, and intermodal connectors)
that should function as an integrated metropolitan
transportation system, giving emphasis to those facilities that serve important national and regional
transportation functions.
‘‘(ii) FACTORS.—In formulating the transportation
plan, the metropolitan planning organization shall consider factors described in subsection (h) as the factors
relate to a 20-year forecast period.
‘‘(B) PERFORMANCE MEASURES AND TARGETS.—A
description of the performance measures and performance
targets used in assessing the performance of the transportation system in accordance with subsection (h)(2).
‘‘(C) SYSTEM PERFORMANCE REPORT.—A system
performance report and subsequent updates evaluating the
condition and performance of the transportation system
with respect to the performance targets described in subsection (h)(2), including—
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‘‘(i) progress achieved by the metropolitan planning
organization in meeting the performance targets in
comparison with system performance recorded in previous reports; and
‘‘(ii) for metropolitan planning organizations that
voluntarily elect to develop multiple scenarios, an analysis of how the preferred scenario has improved the
conditions and performance of the transportation
system and how changes in local policies and investments have impacted the costs necessary to achieve
the identified performance targets.
‘‘(D) MITIGATION ACTIVITIES.—
‘‘(i) IN GENERAL.—A long-range transportation plan
shall include a discussion of types of potential environmental mitigation activities and potential areas to
carry out these activities, including activities that may
have the greatest potential to restore and maintain
the environmental functions affected by the plan.
‘‘(ii) CONSULTATION.—The discussion shall be
developed in consultation with Federal, State, and
tribal wildlife, land management, and regulatory agencies.
‘‘(E) FINANCIAL PLAN.—
‘‘(i) IN GENERAL.—A financial plan that—
‘‘(I) demonstrates how the adopted transportation plan can be implemented;
‘‘(II) indicates resources from public and private sources that are reasonably expected to be
made available to carry out the plan; and
‘‘(III) recommends any additional financing
strategies for needed projects and programs.
‘‘(ii) INCLUSIONS.—The financial plan may include,
for illustrative purposes, additional projects that would
be included in the adopted transportation plan if
reasonable additional resources beyond those identified
in the financial plan were available.
‘‘(iii) COOPERATIVE DEVELOPMENT.—For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and
State shall cooperatively develop estimates of funds
that will be available to support plan implementation.
‘‘(F) OPERATIONAL AND MANAGEMENT STRATEGIES.—
Operational and management strategies to improve the
performance of existing transportation facilities to relieve
vehicular congestion and maximize the safety and mobility
of people and goods.
‘‘(G) CAPITAL INVESTMENT AND OTHER STRATEGIES.—
Capital investment and other strategies to preserve the
existing and projected future metropolitan transportation
infrastructure and provide for multimodal capacity
increases based on regional priorities and needs.
‘‘(H) TRANSPORTATION AND TRANSIT ENHANCEMENT
ACTIVITIES.—Proposed transportation and transit enhancement activities.
‘‘(3) COORDINATION WITH CLEAN AIR ACT AGENCIES.—In
metropolitan areas that are in nonattainment for ozone or
carbon monoxide under the Clean Air Act (42 U.S.C. 7401
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et seq.), the metropolitan planning organization shall coordinate
the development of a transportation plan with the process
for development of the transportation control measures of the
State implementation plan required by that Act.
‘‘(4) OPTIONAL SCENARIO DEVELOPMENT.—
‘‘(A) IN GENERAL.—A metropolitan planning organization may, while fitting the needs and complexity of its
community, voluntarily elect to develop multiple scenarios
for consideration as part of the development of the metropolitan transportation plan, in accordance with subparagraph (B).
‘‘(B) RECOMMENDED COMPONENTS.—A metropolitan
planning organization that chooses to develop multiple scenarios under subparagraph (A) shall be encouraged to consider—
‘‘(i) potential regional investment strategies for the
planning horizon;
‘‘(ii) assumed distribution of population and
employment;
‘‘(iii) a scenario that, to the maximum extent practicable, maintains baseline conditions for the performance measures identified in subsection (h)(2);
‘‘(iv) a scenario that improves the baseline conditions for as many of the performance measures identified in subsection (h)(2) as possible;
‘‘(v) revenue constrained scenarios based on the
total revenues expected to be available over the forecast
period of the plan; and
‘‘(vi) estimated costs and potential revenues available to support each scenario.
‘‘(C) METRICS.—In addition to the performance measures identified in section 150(c), metropolitan planning
organizations may evaluate scenarios developed under this
paragraph using locally-developed measures.
‘‘(5) CONSULTATION.—
‘‘(A) IN GENERAL.—In each metropolitan area, the
metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land
use management, natural resources, environmental protection, conservation, and historic preservation concerning the
development of a long-range transportation plan.
‘‘(B) ISSUES.—The consultation shall involve, as appropriate—
‘‘(i) comparison of transportation plans with State
conservation plans or maps, if available; or
‘‘(ii) comparison of transportation plans to inventories of natural or historic resources, if available.
‘‘(6) PARTICIPATION BY INTERESTED PARTIES.—
‘‘(A) IN GENERAL.—Each metropolitan planning
organization shall provide citizens, affected public agencies,
representatives of public transportation employees, freight
shippers, providers of freight transportation services, private providers of transportation, representatives of users
of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties
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with a reasonable opportunity to comment on the transportation plan.
‘‘(B) CONTENTS OF PARTICIPATION PLAN.—A participation plan—
‘‘(i) shall be developed in consultation with all
interested parties; and
‘‘(ii) shall provide that all interested parties have
reasonable opportunities to comment on the contents
of the transportation plan.
‘‘(C) METHODS.—In carrying out subparagraph (A), the
metropolitan planning organization shall, to the maximum
extent practicable—
‘‘(i) hold any public meetings at convenient and
accessible locations and times;
‘‘(ii) employ visualization techniques to describe
plans; and
‘‘(iii) make public information available in electronically accessible format and means, such as the
World Wide Web, as appropriate to afford reasonable
opportunity for consideration of public information
under subparagraph (A).
‘‘(7) PUBLICATION.—A transportation plan involving Federal
participation shall be published or otherwise made readily
available by the metropolitan planning organization for public
review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World
Wide Web, approved by the metropolitan planning organization
and submitted for information purposes to the Governor at
such times and in such manner as the Secretary shall establish.
‘‘(8) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—
Notwithstanding paragraph (2)(C), a State or metropolitan
planning organization shall not be required to select any project
from the illustrative list of additional projects included in the
financial plan under paragraph (2)(C).
‘‘(j) METROPOLITAN TIP.—
‘‘(1) DEVELOPMENT.—
‘‘(A) IN GENERAL.—In cooperation with the State and
any affected public transportation operator, the metropolitan planning organization designated for a metropolitan
area shall develop a TIP for the metropolitan planning
area that—
‘‘(i) contains projects consistent with the current
metropolitan transportation plan;
‘‘(ii) reflects the investment priorities established
in the current metropolitan transportation plan; and
‘‘(iii) once implemented, is designed to make
progress toward achieving the performance targets
established under subsection (h)(2).
‘‘(B) OPPORTUNITY FOR COMMENT.—In developing the
TIP, the metropolitan planning organization, in cooperation
with the State and any affected public transportation operator, shall provide an opportunity for participation by
interested parties in the development of the program, in
accordance with subsection (i)(5).
‘‘(C) FUNDING ESTIMATES.—For the purpose of developing the TIP, the metropolitan planning organization,
public transportation agency, and State shall cooperatively
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develop estimates of funds that are reasonably expected
to be available to support program implementation.
‘‘(D) UPDATING AND APPROVAL.—The TIP shall be—
‘‘(i) updated at least once every 4 years; and
‘‘(ii) approved by the metropolitan planning
organization and the Governor.
‘‘(2) CONTENTS.—
‘‘(A) PRIORITY LIST.—The TIP shall include a priority
list of proposed Federally supported projects and strategies
to be carried out within each 4-year period after the initial
adoption of the TIP.
‘‘(B) FINANCIAL PLAN.—The TIP shall include a financial plan that—
‘‘(i) demonstrates how the TIP can be implemented;
‘‘(ii) indicates resources from public and private
sources that are reasonably expected to be available
to carry out the program;
‘‘(iii) identifies innovative financing techniques to
finance projects, programs, and strategies; and
‘‘(iv) may include, for illustrative purposes, additional projects that would be included in the approved
TIP if reasonable additional resources beyond those
identified in the financial plan were available.
‘‘(C) DESCRIPTIONS.—Each project in the TIP shall
include sufficient descriptive material (such as type of work,
termini, length, and other similar factors) to identify the
project or phase of the project.
‘‘(D) PERFORMANCE TARGET ACHIEVEMENT.—The
transportation improvement program shall include, to the
maximum extent practicable, a description of the anticipated effect of the transportation improvement program
toward achieving the performance targets established in
the metropolitan transportation plan, linking investment
priorities to those performance targets.
‘‘(3) INCLUDED PROJECTS.—
‘‘(A) PROJECTS UNDER THIS TITLE AND CHAPTER 53 OF
TITLE 49.—A TIP developed under this subsection for a
metropolitan area shall include the projects within the
area that are proposed for funding under chapter 1 of
this title and chapter 53 of title 49.
‘‘(B) PROJECTS UNDER CHAPTER 2.—
‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Regionally significant projects proposed for funding under
chapter 2 shall be identified individually in the
transportation improvement program.
‘‘(ii) OTHER PROJECTS.—Projects proposed for
funding under chapter 2 that are not determined to
be regionally significant shall be grouped in 1 line
item or identified individually in the transportation
improvement program.
‘‘(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION
PLAN.—Each project shall be consistent with the long-range
transportation plan developed under subsection (i) for the
area.
‘‘(D) REQUIREMENT OF ANTICIPATED FULL FUNDING.—
The program shall include a project, or an identified phase
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of a project, only if full funding can reasonably be anticipated to be available for the project or the identified phase
within the time period contemplated for completion of the
project or the identified phase.
‘‘(4) NOTICE AND COMMENT.—Before approving a TIP, a
metropolitan planning organization, in cooperation with the
State and any affected public transportation operator, shall
provide an opportunity for participation by interested parties
in the development of the program, in accordance with subsection (i)(5).
‘‘(5) SELECTION OF PROJECTS.—
‘‘(A) IN GENERAL.—Except as otherwise provided in
subsection (k)(4) and in addition to the TIP development
required under paragraph (1), the selection of Federally
funded projects in metropolitan areas shall be carried out,
from the approved TIP—
‘‘(i) by—
‘‘(I) in the case of projects under this title,
the State; and
‘‘(II) in the case of projects under chapter 53
of title 49, the designated recipients of public
transportation funding; and
‘‘(ii) in cooperation with the metropolitan planning
organization.
‘‘(B) MODIFICATIONS TO PROJECT PRIORITY.—Notwithstanding any other provision of law, action by the Secretary
shall not be required to advance a project included in
the approved TIP in place of another project in the program.
‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—
‘‘(A) NO REQUIRED SELECTION.—Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the
illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv).
‘‘(B) REQUIRED ACTION BY THE SECRETARY.—Action by
the Secretary shall be required for a State or metropolitan
planning organization to select any project from the illustrative list of additional projects included in the financial
plan under paragraph (2)(B)(iv) for inclusion in an approved
TIP.
‘‘(7) PUBLICATION.—
‘‘(A) PUBLICATION OF TIPS.—A TIP involving Federal
participation shall be published or otherwise made readily
available by the metropolitan planning organization for
public review.
‘‘(B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS.—
‘‘(i) IN GENERAL.—An annual listing of projects,
including investments in pedestrian walkways and
bicycle transportation facilities, for which Federal
funds have been obligated in the preceding year shall
be published or otherwise made available by the
cooperative effort of the State, transit operator, and
metropolitan planning organization for public review.
‘‘(ii) REQUIREMENT.—The listing shall be consistent
with the categories identified in the TIP.
‘‘(k) TRANSPORTATION MANAGEMENT AREAS.—
‘‘(1) IDENTIFICATION AND DESIGNATION.—
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‘‘(A) REQUIRED IDENTIFICATION.—The Secretary shall
identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with
a population of over 200,000 individuals.
‘‘(B) DESIGNATIONS ON REQUEST.—The Secretary shall
designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area.
‘‘(2) TRANSPORTATION PLANS.—In a transportation management area, transportation plans shall be based on a continuing
and comprehensive transportation planning process carried out
by the metropolitan planning organization in cooperation with
the State and public transportation operators.
‘‘(3) CONGESTION MANAGEMENT PROCESS.—
‘‘(A) IN GENERAL.—Within a metropolitan planning
area serving a transportation management area, the
transportation planning process under this section shall
address congestion management through a process that
provides for effective management and operation, based
on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under this title and chapter 53
of title 49 through the use of travel demand reduction
and operational management strategies.
‘‘(B) SCHEDULE.—The Secretary shall establish an
appropriate phase-in schedule for compliance with the
requirements of this section but no sooner than 1 year
after the identification of a transportation management
area.
‘‘(4) SELECTION OF PROJECTS.—
‘‘(A) IN GENERAL.—All Federally funded projects carried
out within the boundaries of a metropolitan planning area
serving a transportation management area under this title
(excluding projects carried out on the National Highway
System) or under chapter 53 of title 49 shall be selected
for implementation from the approved TIP by the metropolitan planning organization designated for the area in
consultation with the State and any affected public
transportation operator.
‘‘(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects
carried out within the boundaries of a metropolitan planning area serving a transportation management area on
the National Highway System shall be selected for
implementation from the approved TIP by the State in
cooperation with the metropolitan planning organization
designated for the area.
‘‘(5) CERTIFICATION.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) ensure that the metropolitan planning process
of a metropolitan planning organization serving a
transportation management area is being carried out
in accordance with applicable provisions of Federal
law; and
‘‘(ii) subject to subparagraph (B), certify, not less
often than once every 4 years, that the requirements
of this paragraph are met with respect to the metropolitan planning process.
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‘‘(B) REQUIREMENTS FOR CERTIFICATION.—The Secretary may make the certification under subparagraph (A)
if—
‘‘(i) the transportation planning process complies
with the requirements of this section and other
applicable requirements of Federal law; and
‘‘(ii) there is a TIP for the metropolitan planning
area that has been approved by the metropolitan planning organization and the Governor.
‘‘(C) EFFECT OF FAILURE TO CERTIFY.—
‘‘(i) WITHHOLDING OF PROJECT FUNDS.—If a metropolitan planning process of a metropolitan planning
organization serving a transportation management
area is not certified, the Secretary may withhold up
to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning
organization for projects funded under this title and
chapter 53 of title 49.
‘‘(ii) RESTORATION OF WITHHELD FUNDS.—The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning
process is certified by the Secretary.
‘‘(D) REVIEW OF CERTIFICATION.—In making certification determinations under this paragraph, the Secretary
shall provide for public involvement appropriate to the
metropolitan area under review.
‘‘(l) REPORT ON PERFORMANCE-BASED PLANNING PROCESSES.—
‘‘(1) IN GENERAL.—The Secretary shall submit to Congress
a report on the effectiveness of the performance-based planning
processes of metropolitan planning organizations under this
section, taking into consideration the requirements of this subsection
‘‘(2) REPORT.—Not later than 5 years after the date of
enactment of the MAP–21, the Secretary shall submit to Congress a report evaluating—
‘‘(A) the overall effectiveness of performance-based
planning as a tool for guiding transportation investments;
‘‘(B) the effectiveness of the performance-based planning process of each metropolitan planning organization
under this section;
‘‘(C) the extent to which metropolitan planning
organizations have achieved, or are currently making
substantial progress toward achieving, the performance targets specified under this section and whether metropolitan
planning organizations are developing meaningful performance targets; and
‘‘(D) the technical capacity of metropolitan planning
organizations that operate within a metropolitan planning
area of less than 200,000 and their ability to carry out
the requirements of this section.
‘‘(3) PUBLICATION.—The report under paragraph (2) shall
be published or otherwise made available in electronically accessible formats and means, including on the Internet.
‘‘(m) ABBREVIATED PLANS FOR CERTAIN AREAS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), in the case
of a metropolitan area not designated as a transportation
management area under this section, the Secretary may provide
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Evaluation.
PUBLIC LAW 112–141—JULY 6, 2012
for the development of an abbreviated transportation plan and
TIP for the metropolitan planning area that the Secretary
determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area.
‘‘(2) NONATTAINMENT AREAS.—The Secretary may not
permit abbreviated plans or TIPs for a metropolitan area that
is in nonattainment for ozone or carbon monoxide under the
Clean Air Act (42 U.S.C. 7401 et seq.).
‘‘(n) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT
AREAS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provisions
of this title or chapter 53 of title, for transportation management areas classified as nonattainment for ozone or carbon
monoxide pursuant to the Clean Air Act (42 U.S.C. 7401 et
seq.), Federal funds may not be advanced in such area for
any highway project that will result in a significant increase
in the carrying capacity for single-occupant vehicles unless
the project is addressed through a congestion management
process.
‘‘(2) APPLICABILITY.—This subsection applies to a nonattainment area within the metropolitan planning area boundaries
determined under subsection (e).
‘‘(o) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this
section shall be construed to confer on a metropolitan planning
organization the authority to impose legal requirements on any
transportation facility, provider, or project not eligible under this
title or chapter 53 of title 49.
‘‘(p) FUNDING.—Funds set aside under section 104(f) of this
title or section 5305(g) of title 49 shall be available to carry out
this section.
‘‘(q) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since
plans and TIPs described in this section are subject to a reasonable
opportunity for public comment, since individual projects included
in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since
decisions by the Secretary concerning plans and TIPs described
in this section have not been reviewed under that Act as of January
1, 1997, any decision by the Secretary concerning a plan or TIP
described in this section shall not be considered to be a Federal
action subject to review under that Act.’’.
(b) STUDY ON METROPOLITAN PLANNING SCENARIO DEVELOPMENT.—
(1) IN GENERAL.—The Secretary shall evaluate the costs
and benefits associated with metropolitan planning organizations developing multiple scenarios for consideration as a part
of the development of their metropolitan transportation plan.
(2) INCLUSIONS.—The evaluation shall include an analysis
of the technical and financial capacity of the metropolitan planning organization needed to develop scenarios described in paragraph (1).
SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION
PLANNING.
(a) IN GENERAL.—Section 135 of title 23, United States Code,
is amended to read as follows:
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 515
‘‘§ 135. Statewide and nonmetropolitan transportation planning
‘‘(a) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT OF PLANS AND PROGRAMS.—Subject to
section 134, to accomplish the objectives stated in section
134(a), each State shall develop a statewide transportation
plan and a statewide transportation improvement program for
all areas of the State.
‘‘(2) CONTENTS.—The statewide transportation plan and the
transportation improvement program developed for each State
shall provide for the development and integrated management
and operation of transportation systems and facilities (including
accessible pedestrian walkways and bicycle transportation
facilities) that will function as an intermodal transportation
system for the State and an integral part of an intermodal
transportation system for the United States.
‘‘(3) PROCESS OF DEVELOPMENT.—The process for developing
the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 134(a) and shall be
continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems
to be addressed.
‘‘(b) COORDINATION WITH METROPOLITAN PLANNING; STATE
IMPLEMENTATION PLAN.—A State shall—
‘‘(1) coordinate planning carried out under this section with
the transportation planning activities carried out under section
134 for metropolitan areas of the State and with statewide
trade and economic development planning activities and related
multistate planning efforts; and
‘‘(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act (42
U.S.C. 7401 et seq.).
‘‘(c) INTERSTATE AGREEMENTS.—
‘‘(1) IN GENERAL.—Two or more States may enter into
agreements or compacts, not in conflict with any law of the
United States, for cooperative efforts and mutual assistance
in support of activities authorized under this section related
to interstate areas and localities in the States and establishing
authorities the States consider desirable for making the agreements and compacts effective.
‘‘(2) RESERVATION OF RIGHTS.—The right to alter, amend,
or repeal interstate compacts entered into under this subsection
is expressly reserved.
‘‘(d) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—Each State shall carry out a statewide
transportation planning process that provides for consideration
and implementation of projects, strategies, and services that
will—
‘‘(A) support the economic vitality of the United States,
the States, nonmetropolitan areas, and metropolitan areas,
especially by enabling global competitiveness, productivity,
and efficiency;
‘‘(B) increase the safety of the transportation system
for motorized and nonmotorized users;
‘‘(C) increase the security of the transportation system
for motorized and nonmotorized users;
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126 STAT. 516
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(D) increase the accessibility and mobility of people
and freight;
‘‘(E) protect and enhance the environment, promote
energy conservation, improve the quality of life, and promote consistency between transportation improvements
and State and local planned growth and economic development patterns;
‘‘(F) enhance the integration and connectivity of the
transportation system, across and between modes throughout the State, for people and freight;
‘‘(G) promote efficient system management and operation; and
‘‘(H) emphasize the preservation of the existing
transportation system.
‘‘(2) PERFORMANCE-BASED APPROACH.—
‘‘(A) IN GENERAL.—The statewide transportation planning process shall provide for the establishment and use
of a performance-based approach to transportation decisionmaking to support the national goals described in section
150(b) of this title and in section 5301(c) of title 49.
‘‘(B) PERFORMANCE TARGETS.—
‘‘(i) SURFACE TRANSPORTATION PERFORMANCE TARGETS.—
‘‘(I) IN GENERAL.—Each State shall establish
performance targets that address the performance
measures described in section 150(c), where
applicable, to use in tracking progress towards
attainment of critical outcomes for the State.
‘‘(II) COORDINATION.—Selection of performance
targets by a State shall be coordinated with the
relevant metropolitan planning organizations to
ensure consistency, to the maximum extent practicable.
‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE TARGETS.—In urbanized areas not represented by a metropolitan planning organization, selection of performance
targets by a State shall be coordinated, to the maximum extent practicable, with providers of public
transportation to ensure consistency with sections
5326(c) and 5329(d) of title 49.
‘‘(C) INTEGRATION OF OTHER PERFORMANCE-BASED
PLANS.—A State shall integrate into the statewide transportation planning process, directly or by reference, the goals,
objectives, performance measures, and targets described
in this paragraph, in other State transportation plans and
transportation processes, as well as any plans developed
pursuant to chapter 53 of title 49 by providers of public
transportation in urbanized areas not represented by a
metropolitan planning organization required as part of a
performance-based program.
‘‘(D) USE OF PERFORMANCE MEASURES AND TARGETS.—
The performance measures and targets established under
this paragraph shall be considered by a State when developing policies, programs, and investment priorities reflected
in the statewide transportation plan and statewide
transportation improvement program.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 517
‘‘(3) FAILURE TO CONSIDER FACTORS.—The failure to take
into consideration the factors specified in paragraphs (1) and
(2) shall not be subject to review by any court under this
title, chapter 53 of title 49, subchapter II of chapter 5 of
title 5, or chapter 7 of title 5 in any matter affecting a statewide
transportation plan, a statewide transportation improvement
program, a project or strategy, or the certification of a planning
process.
‘‘(e) ADDITIONAL REQUIREMENTS.—In carrying out planning
under this section, each State shall, at a minimum—
‘‘(1) with respect to nonmetropolitan areas, cooperate with
affected local officials with responsibility for transportation or,
if applicable, through regional transportation planning
organizations described in subsection (m);
‘‘(2) consider the concerns of Indian tribal governments
and Federal land management agencies that have jurisdiction
over land within the boundaries of the State; and
‘‘(3) consider coordination of transportation plans, the
transportation improvement program, and planning activities
with related planning activities being carried out outside of
metropolitan planning areas and between States.
‘‘(f) LONG-RANGE STATEWIDE TRANSPORTATION PLAN.—
‘‘(1) DEVELOPMENT.—Each State shall develop a long-range
statewide transportation plan, with a minimum 20-year forecast
period for all areas of the State, that provides for the development and implementation of the intermodal transportation
system of the State.
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
‘‘(A) METROPOLITAN AREAS.—The statewide transportation plan shall be developed for each metropolitan area
in the State in cooperation with the metropolitan planning
organization designated for the metropolitan area under
section 134.
‘‘(B) NONMETROPOLITAN AREAS.—
‘‘(i) IN GENERAL.—With respect to nonmetropolitan
areas, the statewide transportation plan shall be developed in cooperation with affected nonmetropolitan officials with responsibility for transportation or, if
applicable, through regional transportation planning
organizations described in subsection (m).
‘‘(ii) ROLE OF SECRETARY.—The Secretary shall not
review or approve the consultation process in each
State.
‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area
of the State under the jurisdiction of an Indian tribal
government, the statewide transportation plan shall be
developed in consultation with the tribal government and
the Secretary of the Interior.
‘‘(D) CONSULTATION, COMPARISON, AND CONSIDERATION.—
‘‘(i) IN GENERAL.—The long-range transportation
plan shall be developed, as appropriate, in consultation
with State, tribal, and local agencies responsible for
land use management, natural resources, environmental protection, conservation, and historic preservation.
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(ii) COMPARISON AND CONSIDERATION.—Consultation under clause (i) shall involve comparison of
transportation plans to State and tribal conservation
plans or maps, if available, and comparison of transportation plans to inventories of natural or historic
resources, if available.
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—
‘‘(A) IN GENERAL.—In developing the statewide
transportation plan, the State shall provide to—
‘‘(i) nonmetropolitan local elected officials or, if
applicable, through regional transportation planning
organizations described in subsection (m), an opportunity to participate in accordance with subparagraph
(B)(i); and
‘‘(ii) citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, representatives of users of public transportation, representatives
of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other
interested parties a reasonable opportunity to comment
on the proposed plan.
‘‘(B) METHODS.—In carrying out subparagraph (A), the
State shall, to the maximum extent practicable—
‘‘(i) develop and document a consultative process
to carry out subparagraph (A)(i) that is separate and
discrete from the public involvement process developed
under clause (ii);
‘‘(ii) hold any public meetings at convenient and
accessible locations and times;
‘‘(iii) employ visualization techniques to describe
plans; and
‘‘(iv) make public information available in electronically accessible format and means, such as the
World Wide Web, as appropriate to afford reasonable
opportunity for consideration of public information
under subparagraph (A).
‘‘(4) MITIGATION ACTIVITIES.—
‘‘(A) IN GENERAL.—A long-range transportation plan
shall include a discussion of potential environmental mitigation activities and potential areas to carry out these
activities, including activities that may have the greatest
potential to restore and maintain the environmental functions affected by the plan.
‘‘(B) CONSULTATION.—The discussion shall be developed in consultation with Federal, State, and tribal wildlife,
land management, and regulatory agencies.
‘‘(5) FINANCIAL PLAN.—The statewide transportation plan
may include—
‘‘(A) a financial plan that—
‘‘(i) demonstrates how the adopted statewide
transportation plan can be implemented;
‘‘(ii) indicates resources from public and private
sources that are reasonably expected to be made available to carry out the plan; and
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 519
‘‘(iii) recommends any additional financing strategies for needed projects and programs; and
‘‘(B) for illustrative purposes, additional projects that
would be included in the adopted statewide transportation
plan if reasonable additional resources beyond those identified in the financial plan were available.
‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—
A State shall not be required to select any project from the
illustrative list of additional projects included in the financial
plan described in paragraph (5).
‘‘(7) PERFORMANCE-BASED APPROACH.—The statewide
transportation plan should include—
‘‘(A) a description of the performance measures and
performance targets used in assessing the performance of
the transportation system in accordance with subsection
(d)(2); and
‘‘(B) a system performance report and subsequent
updates evaluating the condition and performance of the
transportation system with respect to the performance targets described in subsection (d)(2), including progress
achieved by the metropolitan planning organization in
meeting the performance targets in comparison with system
performance recorded in previous reports;
‘‘(8) EXISTING SYSTEM.—The statewide transportation plan
should include capital, operations and management strategies,
investments, procedures, and other measures to ensure the
preservation and most efficient use of the existing transportation system.
‘‘(9) PUBLICATION OF LONG-RANGE TRANSPORTATION
PLANS.—Each long-range transportation plan prepared by a
State shall be published or otherwise made available, including
(to the maximum extent practicable) in electronically accessible
formats and means, such as the World Wide Web.
‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM.—
‘‘(1) DEVELOPMENT.—
‘‘(A) IN GENERAL.—Each State shall develop a statewide
transportation improvement program for all areas of the
State.
‘‘(B) DURATION AND UPDATING OF PROGRAM.—Each program developed under subparagraph (A) shall cover a
period of 4 years and shall be updated every 4 years
or more frequently if the Governor of the State elects
to update more frequently.
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
‘‘(A) METROPOLITAN AREAS.—With respect to each
metropolitan area in the State, the program shall be developed in cooperation with the metropolitan planning
organization designated for the metropolitan area under
section 134.
‘‘(B) NONMETROPOLITAN AREAS.—
‘‘(i) IN GENERAL.—With respect to each nonmetropolitan area in the State, the program shall be developed in consultation with affected nonmetropolitan
local officials with responsibility for transportation or,
if applicable, through regional transportation planning
organizations described in subsection (m).
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‘‘(ii) ROLE OF SECRETARY.—The Secretary shall not
review or approve the specific consultation process in
the State.
‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area
of the State under the jurisdiction of an Indian tribal
government, the program shall be developed in consultation
with the tribal government and the Secretary of the
Interior.
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—In developing
the program, the State shall provide citizens, affected public
agencies, representatives of public transportation employees,
freight shippers, private providers of transportation, providers
of freight transportation services, representatives of users of
public transportation, representatives of users of pedestrian
walkways and bicycle transportation facilities, representatives
of the disabled, and other interested parties with a reasonable
opportunity to comment on the proposed program.
‘‘(4) PERFORMANCE TARGET ACHIEVEMENT.—A statewide
transportation improvement program shall include, to the maximum extent practicable, a discussion of the anticipated effect
of the statewide transportation improvement program toward
achieving the performance targets established in the statewide
transportation plan, linking investment priorities to those
performance targets.
‘‘(5) INCLUDED PROJECTS.—
‘‘(A) IN GENERAL.—A transportation improvement program developed under this subsection for a State shall
include Federally supported surface transportation
expenditures within the boundaries of the State.
‘‘(B) LISTING OF PROJECTS.—
‘‘(i) IN GENERAL.—An annual listing of projects for
which funds have been obligated for the preceding
year in each metropolitan planning area shall be published or otherwise made available by the cooperative
effort of the State, transit operator, and the metropolitan planning organization for public review.
‘‘(ii) FUNDING CATEGORIES.—The listing described
in clause (i) shall be consistent with the funding categories identified in each metropolitan transportation
improvement program.
‘‘(C) PROJECTS UNDER CHAPTER 2.—
‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Regionally significant projects proposed for funding under
chapter 2 shall be identified individually in the
transportation improvement program.
‘‘(ii) OTHER PROJECTS.—Projects proposed for
funding under chapter 2 that are not determined to
be regionally significant shall be grouped in 1 line
item or identified individually in the transportation
improvement program.
‘‘(D) CONSISTENCY WITH STATEWIDE TRANSPORTATION
PLAN.—Each project shall be—
‘‘(i) consistent with the statewide transportation
plan developed under this section for the State;
‘‘(ii) identical to the project or phase of the project
as described in an approved metropolitan transportation plan; and
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126 STAT. 521
‘‘(iii) in conformance with the applicable State air
quality implementation plan developed under the
Clean Air Act (42 U.S.C. 7401 et seq.), if the project
is carried out in an area designated as a nonattainment
area for ozone, particulate matter, or carbon monoxide
under part D of title I of that Act (42 U.S.C. 7501
et seq.).
‘‘(E) REQUIREMENT OF ANTICIPATED FULL FUNDING.—
The transportation improvement program shall include a
project, or an identified phase of a project, only if full
funding can reasonably be anticipated to be available for
the project within the time period contemplated for completion of the project.
‘‘(F) FINANCIAL PLAN.—
‘‘(i) IN GENERAL.—The transportation improvement
program may include a financial plan that demonstrates how the approved transportation improvement program can be implemented, indicates resources
from public and private sources that are reasonably
expected to be made available to carry out the transportation improvement program, and recommends any
additional financing strategies for needed projects and
programs.
‘‘(ii) ADDITIONAL PROJECTS.—The financial plan
may include, for illustrative purposes, additional
projects that would be included in the adopted
transportation plan if reasonable additional resources
beyond those identified in the financial plan were available.
‘‘(G) SELECTION OF PROJECTS FROM ILLUSTRATIVE
LIST.—
‘‘(i) NO REQUIRED SELECTION.—Notwithstanding
subparagraph (F), a State shall not be required to
select any project from the illustrative list of additional
projects included in the financial plan under subparagraph (F).
‘‘(ii) REQUIRED ACTION BY THE SECRETARY.—Action
by the Secretary shall be required for a State to select
any project from the illustrative list of additional
projects included in the financial plan under subparagraph (F) for inclusion in an approved transportation
improvement program.
‘‘(H) PRIORITIES.—The transportation improvement
program shall reflect the priorities for programming and
expenditures of funds, including transportation enhancement activities, required by this title and chapter 53 of
title 49.
‘‘(6) PROJECT SELECTION FOR AREAS OF LESS THAN 50,000
POPULATION.—
‘‘(A) IN GENERAL.—Projects carried out in areas with
populations of less than 50,000 individuals shall be
selected, from the approved transportation improvement
program (excluding projects carried out on the National
Highway System and projects carried out under the bridge
program or the Interstate maintenance program under this
title or under sections 5310 and 5311 of title 49), by the
State in cooperation with the affected nonmetropolitan local
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126 STAT. 522
officials with responsibility for transportation or, if
applicable, through regional transportation planning
organizations described in subsection (m).
‘‘(B) OTHER PROJECTS.—Projects carried out in areas
with populations of less than 50,000 individuals on the
National Highway System or under the bridge program
or the Interstate maintenance program under this title
or under sections 5310, 5311, 5316, and 5317 of title 49
shall be selected, from the approved statewide transportation improvement program, by the State in consultation
with the affected nonmetropolitan local officials with
responsibility for transportation.
‘‘(7) TRANSPORTATION IMPROVEMENT PROGRAM APPROVAL.—
Every 4 years, a transportation improvement program developed under this subsection shall be reviewed and approved
by the Secretary if based on a current planning finding.
‘‘(8) PLANNING FINDING.—A finding shall be made by the
Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and
programs are developed is consistent with this section and
section 134.
‘‘(9) MODIFICATIONS TO PROJECT PRIORITY.—Notwithstanding any other provision of law, action by the Secretary
shall not be required to advance a project included in the
approved transportation improvement program in place of
another project in the program.
‘‘(h) PERFORMANCE-BASED PLANNING PROCESSES EVALUATION.—
‘‘(1) IN GENERAL.—The Secretary shall establish criteria
to evaluate the effectiveness of the performance-based planning
processes of States, taking into consideration the following:
‘‘(A) The extent to which the State is making progress
toward achieving, the performance targets described in subsection (d)(2), taking into account whether the State developed appropriate performance targets.
‘‘(B) The extent to which the State has made transportation investments that are efficient and cost-effective.
‘‘(C) The extent to which the State—
‘‘(i) has developed an investment process that relies
on public input and awareness to ensure that investments are transparent and accountable; and
‘‘(ii) provides reports allowing the public to access
the information being collected in a format that allows
the public to meaningfully assess the performance of
the State.
‘‘(2) REPORT.—
‘‘(A) IN GENERAL.—Not later than 5 years after the
date of enactment of the MAP–21, the Secretary shall
submit to Congress a report evaluating—
‘‘(i) the overall effectiveness of performance-based
planning as a tool for guiding transportation investments; and
‘‘(ii) the effectiveness of the performance-based
planning process of each State.
‘‘(B) PUBLICATION.—The report under subparagraph (A)
shall be published or otherwise made available in electronically accessible formats and means, including on the Internet.
Time period.
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126 STAT. 523
‘‘(i) FUNDING.—Funds apportioned under section 104(b)(5) of
this title and set aside under section 5305(g) of title 49 shall
be available to carry out this section.
‘‘(j) TREATMENT OF CERTAIN STATE LAWS AS CONGESTION
MANAGEMENT PROCESSES.—For purposes of this section and section
134, and sections 5303 and 5304 of title 49, State laws, rules,
or regulations pertaining to congestion management systems or
programs may constitute the congestion management process under
this section and section 134, and sections 5303 and 5304 of title
49, if the Secretary finds that the State laws, rules, or regulations
are consistent with, and fulfill the intent of, the purposes of this
section and section 134 and sections 5303 and 5304 of title 49,
as appropriate.
‘‘(k) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since the
statewide transportation plan and the transportation improvement
program described in this section are subject to a reasonable opportunity for public comment, since individual projects included in
the statewide transportation plans and the transportation improvement program are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since
decisions by the Secretary concerning statewide transportation
plans or the transportation improvement program described in this
section have not been reviewed under that Act as of January 1,
1997, any decision by the Secretary concerning a metropolitan or
statewide transportation plan or the transportation improvement
program described in this section shall not be considered to be
a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(l) SCHEDULE FOR IMPLEMENTATION.—The Secretary shall issue
guidance on a schedule for implementation of the changes made
by this section, taking into consideration the established planning
update cycle for States. The Secretary shall not require a State
to deviate from its established planning update cycle to implement
changes made by this section. States shall reflect changes made
to their transportation plan or transportation improvement program
updates not later than 2 years after the date of issuance of guidance
by the Secretary under this subsection.
‘‘(m) DESIGNATION OF REGIONAL TRANSPORTATION PLANNING
ORGANIZATIONS.—
‘‘(1) IN GENERAL.—To carry out the transportation planning
process required by this section, a State may establish and
designate regional transportation planning organizations to
enhance the planning, coordination, and implementation of
statewide strategic long-range transportation plans and
transportation improvement programs, with an emphasis on
addressing the needs of nonmetropolitan areas of the State.
‘‘(2) STRUCTURE.—A regional transportation planning
organization shall be established as a multijurisdictional
organization of nonmetropolitan local officials or their designees
who volunteer for such organization and representatives of
local transportation systems who volunteer for such organization.
‘‘(3) REQUIREMENTS.—A regional transportation planning
organization shall establish, at a minimum—
‘‘(A) a policy committee, the majority of which shall
consist of nonmetropolitan local officials, or their designees,
and, as appropriate, additional representatives from the
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State, private business, transportation service providers,
economic development practitioners, and the public in the
region; and
‘‘(B) a fiscal and administrative agent, such as an
existing regional planning and development organization,
to provide professional planning, management, and
administrative support.
‘‘(4) DUTIES.—The duties of a regional transportation planning organization shall include—
‘‘(A) developing and maintaining, in cooperation with
the State, regional long-range multimodal transportation
plans;
‘‘(B) developing a regional transportation improvement
program for consideration by the State;
‘‘(C) fostering the coordination of local planning, land
use, and economic development plans with State, regional,
and local transportation plans and programs;
‘‘(D) providing technical assistance to local officials;
‘‘(E) participating in national, multistate, and State
policy and planning development processes to ensure the
regional and local input of nonmetropolitan areas;
‘‘(F) providing a forum for public participation in the
statewide and regional transportation planning processes;
‘‘(G) considering and sharing plans and programs with
neighboring regional transportation planning organizations, metropolitan planning organizations, and, where
appropriate, tribal organizations; and
‘‘(H) conducting other duties, as necessary, to support
and enhance the statewide planning process under subsection (d).
‘‘(5) STATES WITHOUT REGIONAL TRANSPORTATION PLANNING
ORGANIZATIONS.—If a State chooses not to establish or designate
a regional transportation planning organization, the State shall
consult with affected nonmetropolitan local officials to determine projects that may be of regional significance.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 135 and inserting the following:
‘‘135. Statewide and nonmetropolitan transportation planning.’’.
SEC. 1203. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES.
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(a) IN GENERAL.—Section 150 of title 23, United States Code,
is amended to read as follows:
‘‘§ 150. National goals and performance management measures
‘‘(a) DECLARATION OF POLICY.—Performance management will
transform the Federal-aid highway program and provide a means
to the most efficient investment of Federal transportation funds
by refocusing on national transportation goals, increasing the
accountability and transparency of the Federal-aid highway program, and improving project decisionmaking through performancebased planning and programming.
‘‘(b) NATIONAL GOALS.—It is in the interest of the United States
to focus the Federal-aid highway program on the following national
goals:
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‘‘(1) SAFETY.—To achieve a significant reduction in traffic
fatalities and serious injuries on all public roads.
‘‘(2) INFRASTRUCTURE CONDITION.—To maintain the highway infrastructure asset system in a state of good repair.
‘‘(3) CONGESTION REDUCTION.—To achieve a significant
reduction in congestion on the National Highway System.
‘‘(4) SYSTEM RELIABILITY.—To improve the efficiency of the
surface transportation system.
‘‘(5) FREIGHT MOVEMENT AND ECONOMIC VITALITY.—To
improve the national freight network, strengthen the ability
of rural communities to access national and international trade
markets, and support regional economic development.
‘‘(6) ENVIRONMENTAL SUSTAINABILITY.—To enhance the
performance of the transportation system while protecting and
enhancing the natural environment.
‘‘(7) REDUCED PROJECT DELIVERY DELAYS.—To reduce
project costs, promote jobs and the economy, and expedite the
movement of people and goods by accelerating project completion through eliminating delays in the project development
and delivery process, including reducing regulatory burdens
and improving agencies’ work practices.
‘‘(c) ESTABLISHMENT OF PERFORMANCE MEASURES.—
‘‘(1) IN GENERAL.—Not later than 18 months after the date
of enactment of the MAP–21, the Secretary, in consultation
with State departments of transportation, metropolitan planning organizations, and other stakeholders, shall promulgate
a rulemaking that establishes performance measures and
standards.
‘‘(2) ADMINISTRATION.—In carrying out paragraph (1), the
Secretary shall—
‘‘(A) provide States, metropolitan planning organizations, and other stakeholders not less than 90 days to
comment on any regulation proposed by the Secretary
under that paragraph;
‘‘(B) take into consideration any comments relating
to a proposed regulation received during that comment
period; and
‘‘(C) limit performance measures only to those
described in this subsection.
‘‘(3) NATIONAL HIGHWAY PERFORMANCE PROGRAM.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), for
the purpose of carrying out section 119, the Secretary shall
establish—
‘‘(i) minimum standards for States to use in developing and operating bridge and pavement management
systems;
‘‘(ii) measures for States to use to assess—
‘‘(I) the condition of pavements on the Interstate system;
‘‘(II) the condition of pavements on the
National Highway System (excluding the Interstate);
‘‘(III) the condition of bridges on the National
Highway System;
‘‘(IV) the performance of the Interstate
System; and
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‘‘(V) the performance of the National Highway
System (excluding the Interstate System);
‘‘(iii) minimum levels for the condition of pavement
on the Interstate System, only for the purposes of
carrying out section 119(f)(1); and
‘‘(iv) the data elements that are necessary to collect
and maintain standardized data to carry out a performance-based approach.
‘‘(B) REGIONS.—In establishing minimum condition
levels under subparagraph (A)(iii), if the Secretary determines that various geographic regions of the United States
experience disparate factors contributing to the condition
of pavement on the Interstate System in those regions,
the Secretary may establish different minimum levels for
each region;
‘‘(4) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—For the
purpose of carrying out section 148, the Secretary shall establish measures for States to use to assess—
‘‘(A) serious injuries and fatalities per vehicle mile
traveled; and
‘‘(B) the number of serious injuries and fatalities.
‘‘(5) CONGESTION MITIGATION AND AIR QUALITY PROGRAM.—
For the purpose of carrying out section 149, the Secretary
shall establish measures for States to use to assess—
‘‘(A) traffic congestion; and
‘‘(B) on-road mobile source emissions.
‘‘(6) NATIONAL FREIGHT MOVEMENT.—The Secretary shall
establish measures for States to use to assess freight movement
on the Interstate System.
‘‘(d) ESTABLISHMENT OF PERFORMANCE TARGETS.—
‘‘(1) IN GENERAL.—Not later than 1 year after the Secretary
has promulgated the final rulemaking under subsection (c),
each State shall set performance targets that reflect the measures identified in paragraphs (3), (4), (5), and (6) of subsection
(c).
‘‘(2) DIFFERENT APPROACHES FOR URBAN AND RURAL
AREAS.—In the development and implementation of any
performance target, a State may, as appropriate, provide for
different performance targets for urbanized and rural areas.
‘‘(e) REPORTING ON PERFORMANCE TARGETS.—Not later than
4 years after the date of enactment of the MAP–21 and biennially
thereafter, a State shall submit to the Secretary a report that
describes—
‘‘(1) the condition and performance of the National Highway
System in the State;
‘‘(2) the effectiveness of the investment strategy document
in the State asset management plan for the National Highway
System;
‘‘(3) progress in achieving performance targets identified
under subsection (d); and
‘‘(4) the ways in which the State is addressing congestion
at freight bottlenecks, including those identified in the National
Freight Strategic Plan, within the State.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 150 and inserting the following:
‘‘150. National goals and performance management measures.’’.
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Subtitle C—Acceleration of Project
Delivery
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SEC. 1301. DECLARATION OF POLICY AND PROJECT DELIVERY INITIATIVE.
23 USC 101 note.
(a) IN GENERAL.—It is the policy of the United States that—
(1) it is in the national interest for the Department, State
departments of transportation, transit agencies, and all other
recipients of Federal transportation funds—
(A) to accelerate project delivery and reduce costs; and
(B) to ensure that the planning, design, engineering,
construction, and financing of transportation projects is
done in an efficient and effective manner, promoting
accountability for public investments and encouraging
greater private sector involvement in project financing and
delivery while enhancing safety and protecting the environment;
(2) delay in the delivery of transportation projects increases
project costs, harms the economy of the United States, and
impedes the travel of the people of the United States and
the shipment of goods for the conduct of commerce; and
(3) the Secretary shall identify and promote the deployment
of innovation aimed at reducing the time and money required
to deliver transportation projects while enhancing safety and
protecting the environment.
(b) PROJECT DELIVERY INITIATIVE.—
(1) IN GENERAL.—To advance the policy described in subsection (a), the Secretary shall carry out a project delivery
initiative under this section.
(2) PURPOSES.—The purposes of the project delivery initiative shall be—
(A) to develop and advance the use of best practices
to accelerate project delivery and reduce costs across all
modes of transportation and expedite the deployment of
technology and innovation;
(B) to implement provisions of law designed to accelerate project delivery; and
(C) to select eligible projects for applying experimental
features to test innovative project delivery techniques.
(3) ADVANCING THE USE OF BEST PRACTICES.—
(A) IN GENERAL.—In carrying out the initiative under
this section, the Secretary shall identify and advance best
practices to reduce delivery time and project costs, from
planning through construction, for transportation projects
and programs of projects regardless of mode and project
size.
(B) ADMINISTRATION.—To advance the use of best practices, the Secretary shall—
(i) engage interested parties, affected communities,
resource agencies, and other stakeholders to gather
information regarding opportunities for accelerating
project delivery and reducing costs;
(ii) establish a clearinghouse for the collection,
documentation, and advancement of existing and new
innovative approaches and best practices;
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(iii) disseminate information through a variety of
means to transportation stakeholders on new innovative approaches and best practices; and
(iv) provide technical assistance to assist transportation stakeholders in the use of flexibility authority
to resolve project delays and accelerate project delivery
if feasible.
(4) IMPLEMENTATION OF ACCELERATED PROJECT DELIVERY.—
The Secretary shall ensure that the provisions of this subtitle
designed to accelerate project delivery are fully implemented,
including—
(A) expanding eligibility of early acquisition of property
prior to completion of environmental review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.);
(B) allowing the use of the construction manager or
general contractor method of contracting in the Federalaid highway system; and
(C) establishing a demonstration program to streamline
the relocation process by permitting a lump-sum payment
for acquisition and relocation if elected by the displaced
occupant.
(c) EXPEDITED PROJECT DELIVERY.—Section 101(b) of title 23,
United States Code, is amended by adding at the end the following:
‘‘(4) EXPEDITED PROJECT DELIVERY.—
‘‘(A) IN GENERAL.—Congress declares that it is in the
national interest to expedite the delivery of surface
transportation projects by substantially reducing the average length of the environmental review process.
‘‘(B) POLICY OF THE UNITED STATES.—Accordingly, it
is the policy of the United States that—
‘‘(i) the Secretary shall have the lead role among
Federal agencies in carrying out the environmental
review process for surface transportation projects;
‘‘(ii) each Federal agency shall cooperate with the
Secretary to expedite the environmental review process
for surface transportation projects;
‘‘(iii) project sponsors shall not be prohibited from
carrying out preconstruction project development
activities concurrently with the environmental review
process;
‘‘(iv) programmatic approaches shall be used to
reduce the need for project-by-project reviews and
decisions by Federal agencies; and
‘‘(v) the Secretary shall identify opportunities for
project sponsors to assume responsibilities of the Secretary where such responsibilities can be assumed in
a manner that protects public health, the environment,
and public participation.’’.
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SEC. 1302. ADVANCE ACQUISITION OF REAL PROPERTY INTERESTS.
(a) REAL PROPERTY INTERESTS.—Section 108 of title 23, United
States Code, is amended—
(1) by striking ‘‘real property’’ each place it appears and
inserting ‘‘real property interests’’;
(2) by striking ‘‘right-of-way’’ each place it appears and
inserting ‘‘real property interest’’; and
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(3) by striking ‘‘rights-of-way’’ each place it appears and
inserting ‘‘real property interests’’.
(b) STATE-FUNDED EARLY ACQUISITION OF REAL PROPERTY
INTERESTS.—Section 108(c) of title 23, United States Code, is
amended—
(1) in the subsection heading, by striking ‘‘EARLY ACQUISITION OF RIGHTS-OF-WAY’’ and inserting ‘‘STATE-FUNDED EARLY
ACQUISITION OF REAL PROPERTY INTERESTS’’;
(2) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(3) in paragraph (2) (as so redesignated)—
(A) in the heading, by striking ‘‘GENERAL RULE’’ and
inserting ‘‘ELIGIBILITY FOR REIMBURSEMENT’’; and
(B) by striking ‘‘Subject to paragraph (2)’’ and inserting
‘‘Subject to paragraph (3)’’;
(4) by inserting before paragraph (2) (as so redesignated)
the following:
‘‘(1) IN GENERAL.—A State may carry out, at the expense
of the State, acquisitions of interests in real property for a
project before completion of the review process required for
the project under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) without affecting subsequent
approvals required for the project by the State or any Federal
agency.’’; and
(5) in paragraph (3) (as so redesignated)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘in paragraph (1)’’ and inserting ‘‘in paragraph
(2)’’; and
(B) in subparagraph (G), by striking ‘‘both the Secretary and the Administrator of the Environmental Protection Agency have concurred’’ and inserting ‘‘the Secretary
has determined’’.
(c) FEDERALLY FUNDED ACQUISITION OF REAL PROPERTY
INTERESTS.—Section 108 of title 23, United States Code, is amended
by adding at the end the following:
‘‘(d) FEDERALLY FUNDED EARLY ACQUISITION OF REAL PROPERTY
INTERESTS.—
‘‘(1) DEFINITION OF ACQUISITION OF A REAL PROPERTY
INTEREST.—In this subsection, the term ‘acquisition of a real
property interest’ includes the acquisition of—
‘‘(A) any interest in land;
‘‘(B) a contractual right to acquire any interest in land;
or
‘‘(C) any other similar action to acquire or preserve
rights-of-way for a transportation facility.
‘‘(2) AUTHORIZATION.—The Secretary may authorize the use
of funds apportioned to a State under this title for the acquisition of a real property interest by a State.
‘‘(3) STATE CERTIFICATION.—A State requesting Federal
funding for an acquisition of a real property interest shall
certify in writing, with concurrence by the Secretary, that—
‘‘(A) the State has authority to acquire the real property
interest under State law; and
‘‘(B) the acquisition of the real property interest—
‘‘(i) is for a transportation purpose;
‘‘(ii) will not cause any significant adverse environmental impact;
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‘‘(iii) will not limit the choice of reasonable alternatives for the project or otherwise influence the decision of the Secretary on any approval required for
the project;
‘‘(iv) does not prevent the lead agency from making
an impartial decision as to whether to accept an alternative that is being considered in the environmental
review process;
‘‘(v) is consistent with the State transportation
planning process under section 135;
‘‘(vi) complies with other applicable Federal laws
(including regulations);
‘‘(vii) will be acquired through negotiation, without
the threat of condemnation; and
‘‘(viii) will not result in a reduction or elimination
of benefits or assistance to a displaced person required
by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601
et seq.) and title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.).
‘‘(4) ENVIRONMENTAL COMPLIANCE.—
‘‘(A) IN GENERAL.—Before authorizing Federal funding
for an acquisition of a real property interest, the Secretary
shall complete the review process under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
with respect to the acquisition of the real property interest.
‘‘(B) INDEPENDENT UTILITY.—The acquisition of a real
property interest—
‘‘(i) shall be treated as having independent utility
for purposes of the review process under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
‘‘(ii) shall not limit consideration of alternatives
for future transportation improvements with respect
to the real property interest.
‘‘(5) PROGRAMMING.—
‘‘(A) IN GENERAL.—The acquisition of a real property
interest for which Federal funding is requested shall be
included as a project in an applicable transportation
improvement program under sections 134 and 135 and
sections 5303 and 5304 of title 49.
‘‘(B) ACQUISITION PROJECT.—The acquisition project
may consist of the acquisition of a specific parcel, a portion
of a transportation corridor, or an entire transportation
corridor.
‘‘(6) DEVELOPMENT.—Real property interests acquired
under this subsection may not be developed in anticipation
of a project until all required environmental reviews for the
project have been completed.
‘‘(7) REIMBURSEMENT.—If Federal-aid reimbursement is
made for real property interests acquired early under this section and the real property interests are not subsequently incorporated into a project eligible for surface transportation funds
within the time allowed by subsection (a)(2), the Secretary
shall offset the amount reimbursed against funds apportioned
to the State.
‘‘(8) OTHER REQUIREMENTS AND CONDITIONS.—
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‘‘(A) APPLICABLE LAW.—The acquisition of a real property interest shall be carried out in compliance with all
requirements applicable to the acquisition of real property
interests for federally funded transportation projects.
‘‘(B) ADDITIONAL CONDITIONS.—The Secretary may
establish such other conditions or restrictions on acquisitions under this subsection as the Secretary determines
to be appropriate.’’.
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SEC. 1303. LETTING OF CONTRACTS.
(a) EFFICIENCIES IN CONTRACTING.—Section 112(b) of title 23,
United States Code, is amended by adding at the end the following:
‘‘(4) METHOD OF CONTRACTING.—
‘‘(A) IN GENERAL.—
‘‘(i) 2-PHASE CONTRACT.—A contracting agency may
award a 2-phase contract to a construction manager
or general contractor for preconstruction and construction services.
‘‘(ii) PRECONSTRUCTION SERVICES PHASE.—In the
preconstruction services phase of a contract under this
paragraph, the contractor shall provide the contracting
agency with advice for scheduling, work sequencing,
cost engineering, constructability, cost estimating, and
risk identification.
‘‘(iii) AGREEMENT.—Prior to the start of the
construction services phase, the contracting agency and
the contractor may agree to a price and other factors
specified in regulation for the construction of the
project or a portion of the project.
‘‘(iv) CONSTRUCTION PHASE.—If an agreement is
reached under clause (iii), the contractor shall be
responsible for the construction of the project or portion
of the project at the negotiated price and in compliance
with the other factors specified in the agreement.
‘‘(B) SELECTION.—A contract shall be awarded to a
contractor under this paragraph using a competitive selection process based on qualifications, experience, best value,
or any other combination of factors considered appropriate
by the contracting agency.
‘‘(C) TIMING.—
‘‘(i) RELATIONSHIP TO NEPA PROCESS.—Prior to the
completion of the environmental review process
required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), a contracting agency may—
‘‘(I) issue requests for proposals;
‘‘(II) proceed with the award of a contract for
preconstruction services under subparagraph
(A)(ii); and
‘‘(III) issue notices to proceed with a preliminary design and any work related to preliminary
design, to the extent that those actions do not
limit any reasonable range of alternatives.
‘‘(ii) CONSTRUCTION SERVICES PHASE.—A contracting agency shall not proceed with the award of
the construction services phase of a contract under
subparagraph (A)(iv) and shall not proceed, or permit
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23 USC 112 note.
PUBLIC LAW 112–141—JULY 6, 2012
any consultant or contractor to proceed, with final
design or construction until completion of the environmental review process required under section 102 of
the National Environmental Policy Act of 1969 (42
U.S.C. 4332).
‘‘(iii) APPROVAL REQUIREMENT.—Prior to authorizing construction activities, the Secretary shall
approve—
‘‘(I) the price estimate of the contracting
agency for the entire project; and
‘‘(II) any price agreement with the general
contractor for the project or a portion of the project.
‘‘(iv) DESIGN ACTIVITIES.—
‘‘(I) IN GENERAL.—A contracting agency may
proceed, at the expense of the contracting agency,
with design activities at any level of detail for
a project before completion of the review process
required for the project under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) without affecting subsequent approvals
required for the project.
‘‘(II) REIMBURSEMENT.—Design activities carried out under subclause (I) shall be eligible for
Federal reimbursement as a project expense in
accordance with the requirements under section
109(r).
‘‘(v) TERMINATION PROVISION.—The Secretary shall
require a contract to include an appropriate termination provision in the event that a no-build alternative is selected.’’.
(b) REGULATIONS.—The Secretary shall promulgate such regulations as are necessary to carry out the amendment made by subsection (a).
(c) EFFECT ON EXPERIMENTAL PROGRAM.—Nothing in this section or the amendment made by this section affects the authority
to carry out, or any project carried out under, any experimental
program concerning construction manager risk that is being carried
out by the Secretary as of the date of enactment of this Act.
SEC. 1304. INNOVATIVE PROJECT DELIVERY METHODS.
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23 USC 101 note.
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(a) DECLARATION OF POLICY.—
(1) IN GENERAL.—Congress declares that it is in the
national interest to promote the use of innovative technologies
and practices that increase the efficiency of construction of,
improve the safety of, and extend the service life of highways
and bridges.
(2) INCLUSIONS.—The innovative technologies and practices
described in paragraph (1) include state-of-the-art intelligent
transportation system technologies, elevated performance
standards, and new highway construction business practices
that improve highway safety and quality, accelerate project
delivery, and reduce congestion related to highway construction.
(b) FEDERAL SHARE.—Section 120(c) of title 23, United States
Code, is amended by adding at the end the following:
‘‘(3) INNOVATIVE PROJECT DELIVERY.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(C), the Federal share payable on account of a project,
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program, or activity carried out with funds apportioned
under paragraph (1), (2), or (5) of section 104(b) may,
at the discretion of the State, be up to 100 percent for
any such project, program, or activity that the Secretary
determines—
‘‘(i) contains innovative project delivery methods
that improve work zone safety for motorists or workers
and the quality of the facility;
‘‘(ii) contains innovative technologies, manufacturing processes, financing, or contracting methods
that improve the quality of, extend the service life
of, or decrease the long-term costs of maintaining highways and bridges;
‘‘(iii) accelerates project delivery while complying
with other applicable Federal laws (including regulations) and not causing any significant adverse environmental impact; or
‘‘(iv) reduces congestion related to highway
construction.
‘‘(B) EXAMPLES.—Projects, programs, and activities
described in subparagraph (A) may include the use of—
‘‘(i) prefabricated bridge elements and systems and
other technologies to reduce bridge construction time;
‘‘(ii) innovative construction equipment, materials,
or techniques, including the use of in-place recycling
technology and digital 3-dimensional modeling technologies;
‘‘(iii) innovative contracting methods, including the
design-build and the construction manager-general
contractor contracting methods;
‘‘(iv) intelligent compaction equipment; or
‘‘(v) contractual provisions that offer a contractor
an incentive payment for early completion of the
project, program, or activity, subject to the condition
that the incentives are accounted for in the financial
plan of the project, when applicable.
‘‘(C) LIMITATIONS.—
‘‘(i) IN GENERAL.—In each fiscal year, a State may
use the authority under subparagraph (A) for up to
10 percent of the combined apportionments of the State
under paragraphs (1), (2), and (5) of section 104(b).
‘‘(ii) FEDERAL SHARE INCREASE.—The Federal share
payable on account of a project, program, or activity
described in subparagraph (A) may be increased by
up to 5 percent of the total project cost.’’.
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SEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT
DECISIONMAKING.
(a) FLEXIBILITY.—Section 139(b) of title 23, United States Code,
is amended—
(1) in paragraph (2) by inserting ‘‘, and any requirements
established under this section may be satisfied,’’ after ‘‘exercised’’; and
(2) by adding at the end the following:
‘‘(3) PROGRAMMATIC COMPLIANCE.—
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Regulations.
Consultation.
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Time period.
Public notice and
comments.
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‘‘(A) IN GENERAL.—The Secretary shall initiate a rulemaking to allow for the use of programmatic approaches
to conduct environmental reviews that—
‘‘(i) eliminate repetitive discussions of the same
issues;
‘‘(ii) focus on the actual issues ripe for analyses
at each level of review; and
‘‘(iii) are consistent with—
‘‘(I) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
‘‘(II) other applicable laws.
‘‘(B) REQUIREMENTS.—In carrying out subparagraph
(A), the Secretary shall—
‘‘(i) before initiating the rulemaking under that
subparagraph, consult with relevant Federal agencies
and State resource agencies, State departments of
transportation, Indian tribes, and the public on the
appropriate use and scope of the programmatic
approaches;
‘‘(ii) emphasize the importance of collaboration
among relevant Federal agencies, State agencies, and
Indian tribes in undertaking programmatic reviews,
especially with respect to including reviews with a
broad geographic scope;
‘‘(iii) ensure that the programmatic reviews—
‘‘(I) promote transparency, including of the
analyses and data used in the environmental
reviews, the treatment of any deferred issues
raised by agencies or the public, and the temporal
and special scales to be used to analyze such
issues;
‘‘(II) use accurate and timely information in
reviews, including—
‘‘(aa) criteria for determining the general
duration of the usefulness of the review; and
‘‘(bb) the timeline for updating any outof-date review;
‘‘(III) describe—
‘‘(aa) the relationship between programmatic analysis and future tiered analysis;
and
‘‘(bb) the role of the public in the creation
of future tiered analysis; and
‘‘(IV) are available to other relevant Federal
and State agencies, Indian tribes, and the public;
‘‘(iv) allow not fewer than 60 days of public notice
and comment on any proposed rule; and
‘‘(v) address any comments received under clause
(iv).’’.
(b) FEDERAL LEAD AGENCY.—Section 139(c) of title 23, United
States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘The Department of Transportation’’
and inserting the following:
‘‘(A) IN GENERAL.—The Department of Transportation’’;
and
(B) by adding at the end the following:
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126 STAT. 535
‘‘(B) MODAL ADMINISTRATION.—If the project requires
approval from more than 1 modal administration within
the Department, the Secretary may designate a single
modal administration to serve as the Federal lead agency
for the Department in the environmental review process
for the project.’’.
(c) PARTICIPATING AGENCIES.—Section 139(d) of title 23, United
States Code, is amended—
(1) by striking paragraph (4) and inserting the following:
‘‘(4) EFFECT OF DESIGNATION.—
‘‘(A) REQUIREMENT.—A participating agency shall
comply with the requirements of this section.
‘‘(B) IMPLICATION.—Designation as a participating
agency under this subsection shall not imply that the
participating agency—
‘‘(i) supports a proposed project; or
‘‘(ii) has any jurisdiction over, or special expertise
with respect to evaluation of, the project.’’; and
(2) by striking paragraph (7) and inserting the following:
‘‘(7) CONCURRENT REVIEWS.—Each participating agency and
cooperating agency shall—
‘‘(A) carry out the obligations of that agency under
other applicable law concurrently, and in conjunction, with
the review required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing
so would impair the ability of the Federal agency to conduct
needed analysis or otherwise carry out those obligations;
and
‘‘(B) formulate and implement administrative, policy,
and procedural mechanisms to enable the agency to ensure
completion of the environmental review process in a timely,
coordinated, and environmentally responsible manner.’’.
(d) PROJECT INITIATION.—Section 139(e) of title 23, United
States Code, is amended—
(1) by striking ‘‘The project sponsor’’ and inserting the
following:
‘‘(1) IN GENERAL.—The project sponsor’’; and
(2) by adding at the end the following:
‘‘(2) SUBMISSION OF DOCUMENTS.—The project sponsor may
satisfy the requirement under paragraph (1) by submitting
to the Secretary any relevant documents containing the
information described in that paragraph, including a draft
notice for publication in the Federal Register announcing the
preparation of an environmental review for the project.’’.
(e) COORDINATION AND SCHEDULING.—Section 139(g)(1)(B)(i) of
title 23, United States Code, is amended by inserting ‘‘and the
concurrence of’’ after ‘‘consultation with’’.
Federal Register,
publication.
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SEC. 1306. ACCELERATED DECISIONMAKING.
Section 139(h) of title 23, United States Code, is amended
by striking paragraph (4) and inserting the following:
‘‘(4) INTERIM DECISION ON ACHIEVING ACCELERATED
DECISIONMAKING.—
‘‘(A) IN GENERAL.—Not later than 30 days after the
close of the public comment period on a draft environmental
impact statement, the Secretary may convene a meeting
with the project sponsor, lead agency, resource agencies,
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126 STAT. 536
and any relevant State agencies to ensure that all parties
are on schedule to meet deadlines for decisions to be made
regarding the project.
‘‘(B) DEADLINES.—The deadlines referred to in subparagraph (A) shall be those established under subsection (g),
or any other deadlines established by the lead agency,
in consultation with the project sponsor and other relevant
agencies.
‘‘(C) FAILURE TO ASSURE.—If the relevant agencies
cannot provide reasonable assurances that the deadlines
described in subparagraph (B) will be met, the Secretary
may initiate the issue resolution and referral process
described under paragraph (5) and before the completion
of the record of decision.
‘‘(5) ACCELERATED ISSUE RESOLUTION AND REFERRAL.—
‘‘(A) AGENCY ISSUE RESOLUTION MEETING.—
‘‘(i) IN GENERAL.—A Federal agency of jurisdiction,
project sponsor, or the Governor of a State in which
a project is located may request an issue resolution
meeting to be conducted by the lead agency.
‘‘(ii) ACTION BY LEAD AGENCY.—The lead agency
shall convene an issue resolution meeting under clause
(i) with the relevant participating agencies and the
project sponsor, including the Governor only if the
meeting was requested by the Governor, to resolve
issues that could—
‘‘(I) delay completion of the environmental
review process; or
‘‘(II) result in denial of any approvals required
for the project under applicable laws.
‘‘(iii) DATE.—A meeting requested under this
subparagraph shall be held by not later than 21 days
after the date of receipt of the request for the meeting,
unless the lead agency determines that there is good
cause to extend the time for the meeting.
‘‘(iv) NOTIFICATION.—On receipt of a request for
a meeting under this subparagraph, the lead agency
shall notify all relevant participating agencies of the
request, including the issue to be resolved, and the
date for the meeting.
‘‘(v) DISPUTES.—If a relevant participating agency
with jurisdiction over an approval required for a project
under applicable law determines that the relevant
information necessary to resolve the issue has not been
obtained and could not have been obtained within a
reasonable time, but the lead agency disagrees, the
resolution of the dispute shall be forwarded to the
heads of the relevant agencies for resolution.
‘‘(vi) CONVENTION BY LEAD AGENCY.—A lead agency
may convene an issue resolution meeting under this
subsection at any time without the request of the Federal agency of jurisdiction, project sponsor, or the Governor of a State.
‘‘(B) ELEVATION OF ISSUE RESOLUTION.—
‘‘(i) IN GENERAL.—If issue resolution is not
achieved by not later than 30 days after the date
of a relevant meeting under subparagraph (A), the
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 537
Secretary shall notify the lead agency, the heads of
the relevant participating agencies, and the project
sponsor (including the Governor only if the initial issue
resolution meeting request came from the Governor)
that an issue resolution meeting will be convened.
‘‘(ii) REQUIREMENTS.—The Secretary shall identify
the issues to be addressed at the meeting and convene
the meeting not later than 30 days after the date
of issuance of the notice.
‘‘(C) REFERRAL OF ISSUE RESOLUTION.—
‘‘(i) REFERRAL TO COUNCIL ON ENVIRONMENTAL
QUALITY.—
‘‘(I) IN GENERAL.—If resolution is not achieved
by not later than 30 days after the date of an
issue resolution meeting under subparagraph (B),
the Secretary shall refer the matter to the Council
on Environmental Quality.
‘‘(II) MEETING.—Not later than 30 days after
the date of receipt of a referral from the Secretary
under subclause (I), the Council on Environmental
Quality shall hold an issue resolution meeting with
the lead agency, the heads of relevant participating
agencies, and the project sponsor (including the
Governor only if an initial request for an issue
resolution meeting came from the Governor).
‘‘(ii) REFERRAL TO THE PRESIDENT.—If a resolution
is not achieved by not later than 30 days after the
date of the meeting convened by the Council on
Environmental Quality under clause (i)(II), the Secretary shall refer the matter directly to the President.
‘‘(6) FINANCIAL PENALTY PROVISIONS.—
‘‘(A) IN GENERAL.—A Federal agency of jurisdiction over
an approval required for a project under applicable laws
shall complete any required approval on an expeditious
basis using the shortest existing applicable process.
‘‘(B) FAILURE TO DECIDE.—
‘‘(i) IN GENERAL.—If an agency described in
subparagraph (A) fails to render a decision under any
Federal law relating to a project that requires the
preparation of an environmental impact statement or
environmental assessment, including the issuance or
denial of a permit, license, or other approval by the
date described in clause (ii), an amount of funding
equal to the amounts specified in subclause (I) or (II)
shall be rescinded from the applicable office of the
head of the agency, or equivalent office to which the
authority for rendering the decision has been delegated
by law by not later than 1 day after the applicable
date under clause (ii), and once each week thereafter
until a final decision is rendered, subject to subparagraph (C)—
‘‘(I) $20,000 for any project for which an
annual financial plan under section 106(i) is
required; or
‘‘(II) $10,000 for any other project requiring
preparation of an environmental assessment or
environmental impact statement.
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‘‘(ii) DESCRIPTION OF DATE.—The date referred to
in clause (i) is the later of—
‘‘(I) the date that is 180 days after the date
on which an application for the permit, license,
or approval is complete; and
‘‘(II) the date that is 180 days after the date
on which the Federal lead agency issues a decision
on the project under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(C) LIMITATIONS.—
‘‘(i) IN GENERAL.—No rescission of funds under
subparagraph (B) relating to an individual project shall
exceed, in any fiscal year, an amount equal to 2.5
percent of the funds made available for the applicable
agency office.
‘‘(ii) FAILURE TO DECIDE.—The total amount
rescinded in a fiscal year as a result of a failure by
an agency to make a decision by an applicable deadline
shall not exceed an amount equal to 7 percent of the
funds made available for the applicable agency office
for that fiscal year.
‘‘(D) NO FAULT OF AGENCY.—A rescission of funds under
this paragraph shall not be made if the lead agency for
the project certifies that—
‘‘(i) the agency has not received necessary information or approvals from another entity, such as the
project sponsor, in a manner that affects the ability
of the agency to meet any requirements under State,
local, or Federal law; or
‘‘(ii) significant new information or circumstances,
including a major modification to an aspect of the
project, requires additional analysis for the agency to
make a decision on the project application.
‘‘(E) LIMITATION.—The Federal agency with jurisdiction
for the decision from which funds are rescinded pursuant
to this paragraph shall not reprogram funds to the office
of the head of the agency, or equivalent office, to reimburse
that office for the loss of the funds.
‘‘(F) AUDITS.—In any fiscal year in which any funds
are rescinded from a Federal agency pursuant to this paragraph, the Inspector General of that agency shall—
‘‘(i) conduct an audit to assess compliance with
the requirements of this paragraph; and
‘‘(ii) not later than 120 days after the end of the
fiscal year during which the rescission occurred, submit
to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives
a report describing the reasons why the transfers were
levied, including allocations of resources.
‘‘(G) EFFECT OF PARAGRAPH.—Nothing in this paragraph affects or limits the application of, or obligation
to comply with, any Federal, State, local, or tribal law.
‘‘(7) EXPEDIENT DECISIONS AND REVIEWS.—To ensure that
Federal environmental decisions and reviews are expeditiously
made—
Time period.
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‘‘(A) adequate resources made available under this title
shall be devoted to ensuring that applicable environmental
reviews under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) are completed on an expeditious basis and that the shortest existing applicable process
under that Act is implemented; and
‘‘(B) the President shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and the Committee on Environment and
Public Works of the Senate, not less frequently than once
every 120 days after the date of enactment of the MAP–
21, a report on the status and progress of the following
projects and activities funded under this title with respect
to compliance with applicable requirements under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.):
‘‘(i) Projects and activities required to prepare an
annual financial plan under section 106(i).
‘‘(ii) A sample of not less than 5 percent of the
projects requiring preparation of an environmental
impact statement or environmental assessment in each
State.’’.
President.
Deadline.
Reports.
SEC. 1307. ASSISTANCE TO AFFECTED FEDERAL AND STATE AGENCIES.
Section 139(j) of title 23, United States Code, is amended by
adding at the end the following:
‘‘(6) MEMORANDUM OF UNDERSTANDING.—Prior to providing
funds approved by the Secretary for dedicated staffing at an
affected Federal agency under paragraphs (1) and (2), the
affected Federal agency and the State agency shall enter into
a memorandum of understanding that establishes the projects
and priorities to be addressed by the use of the funds.’’.
SEC. 1308. LIMITATIONS ON CLAIMS.
Section 139(l) of title 23, United States Code, is amended—
(1) in paragraph (1) by striking ‘‘180 days’’ and inserting
‘‘150 days’’; and
(2) in paragraph (2) by striking ‘‘180 days’’ and inserting
‘‘150 days’’.
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SEC. 1309. ACCELERATING COMPLETION OF COMPLEX PROJECTS
WITHIN 4 YEARS.
Section 139 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(m) ENHANCED TECHNICAL ASSISTANCE AND ACCELERATED
PROJECT COMPLETION.—
‘‘(1) DEFINITION OF COVERED PROJECT.—In this subsection,
the term ‘covered project’ means a project—
‘‘(A) that has an ongoing environmental impact statement under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
‘‘(B) for which at least 2 years, beginning on the date
on which a notice of intent is issued, have elapsed without
the issuance of a record of decision.
‘‘(2) TECHNICAL ASSISTANCE.—At the request of a project
sponsor or the Governor of a State in which a project is located,
the Secretary shall provide additional technical assistance to
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PUBLIC LAW 112–141—JULY 6, 2012
resolve for a covered project any outstanding issues and project
delay, including by—
‘‘(A) providing additional staff, training, and expertise;
‘‘(B) facilitating interagency coordination;
‘‘(C) promoting more efficient collaboration; and
‘‘(D) supplying specialized onsite assistance.
‘‘(3) SCOPE OF WORK.—
‘‘(A) IN GENERAL.—In providing technical assistance
for a covered project under this subsection, the Secretary
shall establish a scope of work that describes the actions
that the Secretary will take to resolve the outstanding
issues and project delays, including establishing a schedule
under subparagraph (B).
‘‘(B) SCHEDULE.—
‘‘(i) IN GENERAL.—The Secretary shall establish
and meet a schedule for the completion of any permit,
approval, review, or study, required for the covered
project by the date that is not later than 4 years
after the date on which a notice of intent for the
covered project is issued.
‘‘(ii) INCLUSIONS.—The schedule under clause (i)
shall—
‘‘(I) comply with all applicable laws;
‘‘(II) require the concurrence of the Council
on Environmental Quality and each participating
agency for the project with the State in which
the project is located or the project sponsor, as
applicable; and
‘‘(III) reflect any new information that becomes
available and any changes in circumstances that
may result in new significant impacts that could
affect the timeline for completion of any permit,
approval, review, or study required for the covered
project.
‘‘(4) CONSULTATION.—In providing technical assistance for
a covered project under this subsection, the Secretary shall
consult, if appropriate, with resource and participating agencies
on all methods available to resolve the outstanding issues and
project delays for a covered project as expeditiously as possible.
‘‘(5) ENFORCEMENT.—
‘‘(A) IN GENERAL.—All provisions of this section shall
apply to this subsection, including the financial penalty
provisions under subsection (h)(6).
‘‘(B) RESTRICTION.—If the Secretary enforces this subsection under subsection (h)(6), the Secretary may use a
date included in a schedule under paragraph (3)(B) that
is created pursuant to and is in compliance with this subsection in lieu of the dates under subsection (h)(6)(B)(ii).’’.
Deadline.
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SEC.
1310.
INTEGRATION
REVIEW.
OF
PLANNING
AND
ENVIRONMENTAL
(a) IN GENERAL.—Chapter 1 of title 23, United States Code
(as amended by section 1115(a)), is amended by adding at the
end the following:
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 541
‘‘§ 168. Integration of planning and environmental review
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) ENVIRONMENTAL REVIEW PROCESS.—The term ‘environmental review process’ means the process for preparing for
a project an environmental impact statement, environmental
assessment, categorical exclusion, or other document prepared
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
‘‘(2) PLANNING PRODUCT.—The term ‘planning product’
means a detailed and timely decision, analysis, study, or other
documented information that—
‘‘(A) is the result of an evaluation or decisionmaking
process carried out during transportation planning,
including a detailed corridor plan or a transportation plan
developed under section 134 that fully analyzes impacts
on mobility, adjacent communities, and the environment;
‘‘(B) is intended to be carried into the transportation
project development process; and
‘‘(C) has been approved by the State, all local and
tribal governments where the project is located, and by
any relevant metropolitan planning organization.
‘‘(3) PROJECT.—The term ‘project’ has the meaning given
the term in section 139(a).
‘‘(4) PROJECT SPONSOR.—The term ‘project sponsor’ has the
meaning given the term in section 139(a).
‘‘(b) ADOPTION OF PLANNING PRODUCTS FOR USE IN NEPA PROCEEDINGS.—
‘‘(1) IN GENERAL.—Subject to the conditions set forth in
subsection (d), the Federal lead agency for a project may adopt
and use a planning product in proceedings relating to any
class of action in the environmental review process of the
project.
‘‘(2) IDENTIFICATION.—When the Federal lead agency makes
a determination to adopt and use a planning product, the
Federal lead agency shall identify those agencies that participated in the development of the planning products.
‘‘(3) PARTIAL ADOPTION OF PLANNING PRODUCTS.—The Federal lead agency may adopt a planning product under paragraph
(1) in its entirety or may select portions for adoption.
‘‘(4) TIMING.—A determination under paragraph (1) with
respect to the adoption of a planning product may be made
at the time the lead agencies decide the appropriate scope
of environmental review for the project but may also occur
later in the environmental review process, as appropriate.
‘‘(c) APPLICABILITY.—
‘‘(1) PLANNING DECISIONS.—Planning decisions that may
be adopted pursuant to this section include—
‘‘(A) whether tolling, private financial assistance, or
other special financial measures are necessary to implement the project;
‘‘(B) a decision with respect to modal choice, including
a decision to implement corridor or subarea study recommendations to advance different modal solutions as
separate projects with independent utility;
‘‘(C) a basic description of the environmental setting;
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126 STAT. 542
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(D) a decision with respect to methodologies for analysis; and
‘‘(E) an identification of programmatic level mitigation
for potential impacts that the Federal lead agency, in consultation with Federal, State, local, and tribal resource
agencies, determines are most effectively addressed at a
regional or national program level, including—
‘‘(i) system-level measures to avoid, minimize, or
mitigate impacts of proposed transportation investments on environmental resources, including regional
ecosystem and water resources; and
‘‘(ii) potential mitigation activities, locations, and
investments.
‘‘(2) PLANNING ANALYSES.—Planning analyses that may be
adopted pursuant to this section include studies with respect
to—
‘‘(A) travel demands;
‘‘(B) regional development and growth;
‘‘(C) local land use, growth management, and development;
‘‘(D) population and employment;
‘‘(E) natural and built environmental conditions;
‘‘(F) environmental resources and environmentally sensitive areas;
‘‘(G) potential environmental effects, including the
identification of resources of concern and potential cumulative effects on those resources, identified as a result of
a statewide or regional cumulative effects assessment; and
‘‘(H) mitigation needs for a proposed action, or for
programmatic level mitigation, for potential effects that
the Federal lead agency determines are most effectively
addressed at a regional or national program level.
‘‘(d) CONDITIONS.—Adoption and use of a planning product
under this section is subject to a determination by the Federal
lead agency, with the concurrence of other participating agencies
with relevant expertise and project sponsors as appropriate, and
with an opportunity for public notice and comment and consideration of those comments by the Federal lead agency, that the
following conditions have been met:
‘‘(1) The planning product was developed through a planning process conducted pursuant to applicable Federal law.
‘‘(2) The planning product was developed by engaging in
active consultation with appropriate Federal and State resource
agencies and Indian tribes.
‘‘(3) The planning process included broad multidisciplinary
consideration of systems-level or corridor-wide transportation
needs and potential effects, including effects on the human
and natural environment.
‘‘(4) During the planning process, notice was provided
through publication or other means to Federal, State, local,
and tribal governments that might have an interest in the
proposed project, and to members of the general public, of
the planning products that the planning process might produce
and that might be relied on during any subsequent environmental review process, and such entities have been provided
an appropriate opportunity to participate in the planning
process leading to such planning product.
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‘‘(5) After initiation of the environmental review process,
but prior to determining whether to rely on and use the planning product, the lead Federal agency has made documentation
relating to the planning product available to Federal, State,
local, and tribal governments that may have an interest in
the proposed action, and to members of the general public,
and has considered any resulting comments.
‘‘(6) There is no significant new information or new circumstance that has a reasonable likelihood of affecting the
continued validity or appropriateness of the planning product.
‘‘(7) The planning product has a rational basis and is based
on reliable and reasonably current data and reasonable and
scientifically acceptable methodologies.
‘‘(8) The planning product is documented in sufficient detail
to support the decision or the results of the analysis and to
meet requirements for use of the information in the environmental review process.
‘‘(9) The planning product is appropriate for adoption and
use in the environmental review process for the project.
‘‘(10) The planning product was approved not later than
5 years prior to date on which the information is adopted
pursuant to this section.
‘‘(e) EFFECT OF ADOPTION.—Any planning product adopted by
the Federal lead agency in accordance with this section may be
incorporated directly into an environmental review process document or other environmental document and may be relied upon
and used by other Federal agencies in carrying out reviews of
the project.
‘‘(f) RULES OF CONSTRUCTION.—
‘‘(1) IN GENERAL.—This section shall not be construed to
make the environmental review process applicable to the
transportation planning process conducted under this title and
chapter 53 of title 49.
‘‘(2) TRANSPORTATION PLANNING ACTIVITIES.—Initiation of
the environmental review process as a part of, or concurrently
with, transportation planning activities does not subject
transportation plans and programs to the environmental review
process.
‘‘(3) PLANNING PRODUCTS.—This section shall not be construed to affect the use of planning products in the environmental review process pursuant to other authorities under any
other provision of law or to restrict the initiation of the environmental review process during planning.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis
for chapter 1 of title 23, United States Code (as amended by
section 1115(b)), is amended by adding at end the following:
‘‘Sec. 168. Integration of planning and environmental review.’’.
SEC. 1311. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.
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(a) IN GENERAL.—Chapter 1 of title 23, United States Code
(as amended by section 1310(a)), is amended by adding at the
end the following:
‘‘§ 169. Development of programmatic mitigation plans
‘‘(a) IN GENERAL.—As part of the statewide or metropolitan
transportation planning process, a State or metropolitan planning
organization may develop 1 or more programmatic mitigation plans
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PUBLIC LAW 112–141—JULY 6, 2012
to address the potential environmental impacts of future transportation projects.
‘‘(b) SCOPE.—
‘‘(1) SCALE.—A programmatic mitigation plan may be developed on a regional, ecosystem, watershed, or statewide scale.
‘‘(2) RESOURCES.—The plan may encompass multiple
environmental resources within a defined geographic area or
may focus on a specific resource, such as aquatic resources,
parkland, or wildlife habitat.
‘‘(3) PROJECT IMPACTS.—The plan may address impacts
from all projects in a defined geographic area or may focus
on a specific type of project.
‘‘(4) CONSULTATION.—The scope of the plan shall be determined by the State or metropolitan planning organization, as
appropriate, in consultation with the agency or agencies with
jurisdiction over the resources being addressed in the mitigation
plan.
‘‘(c) CONTENTS.—A programmatic mitigation plan may include—
‘‘(1) an assessment of the condition of environmental
resources in the geographic area covered by the plan, including
an assessment of recent trends and any potential threats to
those resources;
‘‘(2) an assessment of potential opportunities to improve
the overall quality of environmental resources in the geographic
area covered by the plan, through strategic mitigation for
impacts of transportation projects;
‘‘(3) standard measures for mitigating certain types of
impacts;
‘‘(4) parameters for determining appropriate mitigation for
certain types of impacts, such as mitigation ratios or criteria
for determining appropriate mitigation sites;
‘‘(5) adaptive management procedures, such as protocols
that involve monitoring predicted impacts over time and
adjusting mitigation measures in response to information gathered through the monitoring; and
‘‘(6) acknowledgment of specific statutory or regulatory
requirements that must be satisfied when determining appropriate mitigation for certain types of resources.
‘‘(d) PROCESS.—Before adopting a programmatic mitigation
plan, a State or metropolitan planning organization shall—
‘‘(1) consult with each agency with jurisdiction over the
environmental resources considered in the programmatic mitigation plan;
‘‘(2) make a draft of the plan available for review and
comment by applicable environmental resource agencies and
the public;
‘‘(3) consider any comments received from such agencies
and the public on the draft plan; and
‘‘(4) address such comments in the final plan.
‘‘(e) INTEGRATION WITH OTHER PLANS.—A programmatic mitigation plan may be integrated with other plans, including watershed
plans, ecosystem plans, species recovery plans, growth management
plans, and land use plans.
‘‘(f) CONSIDERATION IN PROJECT DEVELOPMENT AND PERMITTING.—If a programmatic mitigation plan has been developed pursuant to this section, any Federal agency responsible for environmental reviews, permits, or approvals for a transportation project
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 545
may use the recommendations in a programmatic mitigation plan
when carrying out the responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(g) PRESERVATION OF EXISTING AUTHORITIES.—Nothing in this
section limits the use of programmatic approaches to reviews under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis
for chapter 1 of title 23, United States Code (as amended by
section 1309(b)), is amended by adding at the end the following:
‘‘Sec. 169. Development of programmatic mitigation plans.’’.
SEC. 1312. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL EXCLUSIONS.
Section 326 of title 23, United States Code, is amended—
(1) in subsection (a) by adding at the end the following:
‘‘(4) PRESERVATION OF FLEXIBILITY.—The Secretary shall
not require a State, as a condition of assuming responsibility
under this section, to forego project delivery methods that are
otherwise permissible for highway projects.’’;
(2) by striking subsection (d) and inserting the following:
‘‘(d) TERMINATION.—
‘‘(1) TERMINATION BY THE SECRETARY.—The Secretary may
terminate any assumption of responsibility under a memorandum of understanding on a determination that the State
is not adequately carrying out the responsibilities assigned
to the State.
‘‘(2) TERMINATION BY THE STATE.—The State may terminate
the participation of the State in the program at any time
by providing to the Secretary a notice not later than the date
that is 90 days before the date of termination, and subject
to such terms and conditions as the Secretary may provide.’’;
and
(3) by adding at the end the following:
‘‘(f) LEGAL FEES.—A State assuming the responsibilities of the
Secretary under this section for a specific project may use funds
apportioned to the State under section 104(b)(2) for attorney’s fees
directly attributable to eligible activities associated with the
project.’’.
Notice.
Deadline.
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SEC. 1313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.
(a) PROGRAM NAME.—Section 327 of title 23, United States
Code, is amended—
(1) in the section heading by striking ‘‘PILOT’’; and
(2) in subsection (a)(1) by striking ‘‘pilot’’.
(b) ASSUMPTION OF RESPONSIBILITY.—Section 327(a)(2) of title
23, United States Code, is amended—
(1) in subparagraph (B)—
(A) in clause (i) by striking ‘‘but’’; and
(B) by striking clause (ii) and inserting the following:
‘‘(ii) at the request of the State, the Secretary
may also assign to the State, and the State may
assume, the responsibilities of the Secretary with
respect to 1 or more railroad, public transportation,
or multimodal projects within the State under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
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126 STAT. 546
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(iii) in a State that has assumed the responsibilities of the Secretary under clause (ii), a recipient
of assistance under chapter 53 of title 49 may request
that the Secretary maintain the responsibilities of the
Secretary with respect to 1 or more public transportation projects within the State under the National
Environmental Policy Act of 1969 (42 U.S.C. 13 4321
et seq.); but
‘‘(iv) the Secretary may not assign—
‘‘(I) any responsibility imposed on the Secretary by section 134 or 135 or section 5303 or
5304 of title 49; or
‘‘(II) responsibility for any conformity determination required under section 176 of the Clean
Air Act (42 U.S.C. 7506).’’; and
(2) by adding at the end the following:
‘‘(F) PRESERVATION OF FLEXIBILITY.—The Secretary
may not require a State, as a condition of participation
in the program, to forego project delivery methods that
are otherwise permissible for projects.
‘‘(G) LEGAL FEES.—A State assuming the responsibilities of the Secretary under this section for a specific project
may use funds apportioned to the State under section
104(b)(2) for attorneys’ fees directly attributable to eligible
activities associated with the project.’’.
(c) STATE PARTICIPATION.—Section 327(b) of title 23, United
States Code, is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) PARTICIPATING STATES.—All States are eligible to
participate in the program.’’; and
(2) in paragraph (2) by striking ‘‘date of enactment of
this section, the Secretary shall promulgate’’ and inserting ‘‘date
on which amendments to this section by the MAP-21 take
effect, the Secretary shall amend, as appropriate,’’.
(d) WRITTEN AGREEMENT.—Section 327(c) of title 23, United
States Code, is amended—
(1) in paragraph (3)(D) by striking the period at the end
and inserting a semicolon; and
(2) by adding at the end the following:
‘‘(4) require the State to provide to the Secretary any
information the Secretary considers necessary to ensure that
the State is adequately carrying out the responsibilities
assigned to the State;
‘‘(5) have a term of not more than 5 years; and
‘‘(6) be renewable.’’.
(e) CONFORMING AMENDMENT.—Section 327(e) of title 23,
United States Code, is amended by striking ‘‘subsection (i)’’ and
inserting ‘‘subsection (j)’’.
(f) AUDITS.—Section 327(g)(1)(B) of title 23, United States Code,
is amended by striking ‘‘subsequent year’’ and inserting ‘‘of the
third and fourth years’’.
(g) MONITORING.—Section 327 of title 23, United States Code,
is amended—
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following:
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126 STAT. 547
‘‘(h) MONITORING.—After the fourth year of the participation
of a State in the program, the Secretary shall monitor compliance
by the State with the written agreement, including the provision
by the State of financial resources to carry out the written agreement.’’.
(h) TERMINATION.—Section 327(j) of title 23, United States Code
(as so redesignated), is amended to read as follows:
‘‘(j) TERMINATION.—
‘‘(1) TERMINATION BY THE SECRETARY.—The Secretary may
terminate the participation of any State in the program if—
‘‘(A) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned to
the State;
‘‘(B) the Secretary provides to the State—
‘‘(i) notification of the determination of noncompliance; and
‘‘(ii) a period of at least 30 days during which
to take such corrective action as the Secretary determines is necessary to comply with the applicable agreement; and
‘‘(C) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory
corrective action, as determined by the Secretary.
‘‘(2) TERMINATION BY THE STATE.—The State may terminate
the participation of the State in the program at any time
by providing to the Secretary a notice by not later than the
date that is 90 days before the date of termination, and subject
to such terms and conditions as the Secretary may provide.’’.
(i) CLERICAL AMENDMENT.—The item relating to section 327
in the analysis of title 23, United States Code, is amended to
read as follows:
Notification.
Time period.
Notice.
Deadline.
‘‘327. Surface transportation project delivery program.’’.
SEC.
1314.
APPLICATION OF CATEGORICAL
MULTIMODAL PROJECTS.
EXCLUSIONS
FOR
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(a) IN GENERAL.—Section 304 of title 49, United States Code,
is amended to read as follows:
‘‘§ 304. Application of categorical exclusions for multimodal
projects
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) COOPERATING AUTHORITY.—The term ‘cooperating
authority’ means a Department of Transportation operating
authority that is not the lead authority with respect to a
project.
‘‘(2) LEAD AUTHORITY.—The term ‘lead authority’ means
a Department of Transportation operating administration or
secretarial office that—
‘‘(A) is the lead authority over a proposed multimodal
project; and
‘‘(B) has determined that the components of the project
that fall under the modal expertise of the lead authority—
‘‘(i) satisfy the conditions for a categorical exclusion
under implementing regulations or procedures of the
lead authority under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
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126 STAT. 548
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(ii) do not require the preparation of an environmental assessment or environmental impact statement
under that Act.
‘‘(3) MULTIMODAL PROJECT.—The term ‘multimodal project’
has the meaning given the term in section 139(a) of title 23.
‘‘(b) EXERCISE OF AUTHORITIES.—The authorities granted in
this section may be exercised for a multimodal project, class of
projects, or program of projects that are carried out under this
title.
‘‘(c)
APPLICATION
OF
CATEGORICAL
EXCLUSIONS
FOR
MULTIMODAL PROJECTS.—In considering the environmental impacts
of a proposed multimodal project, a lead authority may apply a
categorical exclusion designated under the implementing regulations or procedures of a cooperating authority for other components
of the project, subject to the conditions that—
‘‘(1) the multimodal project is funded under 1 grant agreement administered by the lead authority;
‘‘(2) the multimodal project has components that require
the expertise of a cooperating authority to assess the environmental impacts of the components;
‘‘(3) the component of the project to be covered by the
categorical exclusion of the cooperating authority has independent utility;
‘‘(4) the cooperating authority, in consultation with the
lead authority—
‘‘(A) follows implementing regulations or procedures
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
‘‘(B) determines that a categorical exclusion under that
Act applies to the components; and
‘‘(5) the lead authority has determined that—
‘‘(A) the project, using the categorical exclusions of
the lead authority and each applicable cooperating
authority, does not individually or cumulatively have a
significant impact on the environment; and
‘‘(B) extraordinary circumstances do not exist that
merit additional analysis and documentation in an environmental impact statement or environmental assessment
required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
‘‘(d) MODAL COOPERATION.—
‘‘(1) IN GENERAL.—A cooperating authority shall provide
modal expertise to the lead authority on such aspects of the
multimodal project in which the cooperating authority has
expertise.
‘‘(2) USE OF CATEGORICAL EXCLUSION.—In a case described
in paragraph (1), the 1 or more categorical exclusions of a
cooperating authority may be applied by the lead authority
once the cooperating authority reviews the project on behalf
of the lead authority and determines the project satisfies the
conditions for a categorical exclusion under the implementing
regulations or procedures of the cooperating authority under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) and this section.’’.
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(b) CONFORMING AMENDMENT.—The item relating to section
304 in the analysis for title 49, United States Code, is amended
to read as follows:
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‘‘304. Application of categorical exclusions for multimodal projects’’.
VerDate Mar 15 2010
SEC. 1315. CATEGORICAL EXCLUSIONS IN EMERGENCIES.
23 USC 109 note.
(a) IN GENERAL.—Not later than 30 days after the date of
enactment of this Act, for the repair or reconstruction of any road,
highway, or bridge that is in operation or under construction when
damaged by an emergency declared by the Governor of the State
and concurred in by the Secretary, or for a disaster or emergency
declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.), the Secretary shall publish a notice of proposed rulemaking
to treat any such repair or reconstruction activity as a class of
action categorically excluded from the requirements relating to
environmental assessments or environmental impact statements
under section 1508.4 of title 40, Code of Federal Regulations, and
section 771.117 of title 23, Code of Federal Regulations (as in
effect on the date of enactment of this Act) if such repair or
reconstruction activity is—
(1) in the same location with the same capacity, dimensions,
and design as the original road, highway, or bridge as before
the declaration described in this section; and
(2) commenced within a 2-year period beginning on the
date of a declaration described in this section.
(b) RULEMAKING.—
(1) IN GENERAL.—The Secretary shall ensure that the rulemaking helps to conserve Federal resources and protects public
safety and health by providing for periodic evaluations to determine if reasonable alternatives exist to roads, highways, or
bridges that repeatedly require repair and reconstruction activities.
(2) REASONABLE ALTERNATIVES.—The reasonable alternatives described in paragraph (1) include actions that could
reduce the need for Federal funds to be expended on such
repair and reconstruction activities, better protect public safety
and health and the environment, and meet transportation needs
as described in relevant and applicable Federal, State, local
and tribal plans.
Deadline.
Notice.
Regulations.
SEC. 1316. CATEGORICAL EXCLUSIONS FOR PROJECTS WITHIN THE
RIGHT-OF-WAY.
23 USC 109 note.
(a) IN GENERAL.—The Secretary shall—
(1) not later than 180 days after the date of enactment
of this Act, designate any project (as defined in section 101(a)
of title 23, United States Code) within an existing operational
right-of-way as an action categorically excluded from the
requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40,
Code of Federal Regulations, and section 771.117(c) of title
23, Code of Federal Regulations; and
(2) not later than 150 days after the date of enactment
of this Act, promulgate regulations to carry out paragraph
(1).
(b) DEFINITION OF AN OPERATIONAL RIGHT-OF-WAY.—In this
section, the term ‘‘operational right-of-way’’ means all real property
Deadlines.
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PUBLIC LAW 112–141—JULY 6, 2012
interests acquired for the construction, operation, or mitigation
of a project (as defined in section 101(a) of title 23, United States
Code), including the locations of the roadway, bridges, interchanges,
culverts, drainage, clear zone, traffic control signage, landscaping,
and any rest areas with direct access to a controlled access highway.
Deadline.
23 USC 109 note.
SEC. 1317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL ASSISTANCE.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall—*
(1) designate as an action categorically excluded from the
requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40,
Code of Federal Regulations, and section 771.117(c) of title
23, Code of Federal Regulations, any project—
(A) that receives less than $5,000,000 of Federal funds;
or
(B) with a total estimated cost of not more than
$30,000,000 and Federal funds comprising less than 15
percent of the total estimated project cost; and
(2) not later than 150 days after the date of enactment
of this Act, promulgate regulations to carry out paragraph
(1).
23 USC 109 note.
SEC. 1318. PROGRAMMATIC AGREEMENTS AND ADDITIONAL CATEGORICAL EXCLUSIONS.
Deadline.
(a) IN GENERAL.—Not later than 60 days after the date of
enactment of this Act, the Secretary shall—
(1) survey the use by the Department of categorical exclusions in transportation projects since 2005;
(2) publish a review of the survey that includes a description of—
(A) the types of actions categorically excluded; and
(B) any requests previously received by the Secretary
for new categorical exclusions; and
(3) solicit requests from State departments of transportation, transit authorities, metropolitan planning organizations,
or other government agencies for new categorical exclusions.
(b) NEW CATEGORICAL EXCLUSIONS.—Not later than 120 days
after the date of enactment of this Act, the Secretary shall publish
a notice of proposed rulemaking to propose new categorical exclusions received by the Secretary under subsection (a), to the extent
that the categorical exclusions meet the criteria for a categorical
exclusion under section 1508.4 of title 40, Code of Federal Regulations, and section 771.117(a) of title 23, Code of Federal Regulations
(as those regulations are in effect on the date of the notice).
(c) ADDITIONAL ACTIONS.—The Secretary shall issue a proposed
rulemaking to move the following types of actions from subsection
(d) of section 771.117 of title 23, Code of Federal Regulations
(as in effect on the date of enactment of this Act), to subsection
(c) of that section, to the extent that such movement complies
with the criteria for a categorical exclusion under section 1508.4
of title 40, Code of Federal Regulations (as in effect on the date
of enactment of this Act):
(1) Modernization of a highway by resurfacing, restoration,
rehabilitation, reconstruction, adding shoulders, or adding
auxiliary lanes (including parking, weaving, turning, and
climbing).
Survey.
Publication.
Deadline.
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Regulations.
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126 STAT. 551
(2) Highway safety or traffic operations improvement
projects, including the installation of ramp metering control
devices and lighting.
(3) Bridge rehabilitation, reconstruction, or replacement
or the construction of grade separation to replace existing atgrade railroad crossings.
(d) PROGRAMMATIC AGREEMENTS.—
(1) IN GENERAL.—The Secretary shall seek opportunities
to enter into programmatic agreements with the States that
establish efficient administrative procedures for carrying out
environmental and other required project reviews.
(2) INCLUSIONS.—Programmatic agreements authorized
under paragraph (1) may include agreements that allow a State
to determine on behalf of the Federal Highway Administration
whether a project is categorically excluded from the preparation
of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(3) DETERMINATIONS.—An agreement described in paragraph (2) may include determinations by the Secretary of the
types of projects categorically excluded (consistent with section
1508.4 of title 40, Code of Federal Regulations) in the State
in addition to the types listed in subsections (c) and (d) of
section 771.117 of title 23, Code of Federal Regulations (as
in effect on the date of enactment of this Act).
SEC. 1319. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL
REVIEWS.
42 USC 4332a
note.
(a) IN GENERAL.—In preparing a final environmental impact
statement under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), if the lead agency modifies the statement
in response to comments that are minor and are confined to factual
corrections or explanations of why the comments do not warrant
additional agency response, the lead agency may write on errata
sheets attached to the statement instead of rewriting the draft
statement, subject to the condition that the errata sheets—
(1) cite the sources, authorities, or reasons that support
the position of the agency; and
(2) if appropriate, indicate the circumstances that would
trigger agency reappraisal or further response.
(b) INCORPORATION.—To the maximum extent practicable, the
lead agency shall expeditiously develop a single document that
consists of a final environmental impact statement and a record
of decision, unless—
(1) the final environmental impact statement makes
substantial changes to the proposed action that are relevant
to environmental or safety concerns; or
(2) there are significant new circumstances or information
relevant to environmental concerns and that bear on the proposed action or the impacts of the proposed action.
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SEC. 1320. MEMORANDA OF AGENCY AGREEMENTS FOR EARLY
COORDINATION.
23 USC 139 note.
(a) IN GENERAL.—It is the sense of Congress that—
(1) the Secretary and other Federal agencies with relevant
jurisdiction in the environmental review process should
cooperate with each other and other agencies on environmental
review and project delivery activities at the earliest practicable
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126 STAT. 552
PUBLIC LAW 112–141—JULY 6, 2012
time to avoid delays and duplication of effort later in the
process, head off potential conflicts, and ensure that planning
and project development decisions reflect environmental values;
and
(2) such cooperation should include the development of
policies and the designation of staff that advise planning agencies or project sponsors of studies or other information
foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian
tribes.
(b) TECHNICAL ASSISTANCE.—If requested at any time by a
State or local planning agency, the Secretary and other Federal
agencies with relevant jurisdiction in the environmental review
process, shall, to the extent practicable and appropriate, as determined by the agencies, provide technical assistance to the State
or local planning agency on accomplishing the early coordination
activities described in subsection (d).
(c) MEMORANDUM OF AGENCY AGREEMENT.—If requested at any
time by a State or local planning agency, the lead agency, in
consultation with other Federal agencies with relevant jurisdiction
in the environmental review process, may establish memoranda
of agreement with the project sponsor, State, and local governments
and other appropriate entities to accomplish the early coordination
activities described in subsection (d).
(d) EARLY COORDINATION ACTIVITIES.—Early coordination
activities shall include, to the maximum extent practicable, the
following:
(1) Technical assistance on identifying potential impacts
and mitigation issues in an integrated fashion.
(2) The potential appropriateness of using planning products and decisions in later environmental reviews.
(3) The identification and elimination from detailed study
in the environmental review process of the issues that are
not significant or that have been covered by prior environmental
reviews.
(4) The identification of other environmental review and
consultation requirements so that the lead and cooperating
agencies may prepare, as appropriate, other required analyses
and studies concurrently with planning activities.
(5) The identification by agencies with jurisdiction over
any permits related to the project of any and all relevant
information that will reasonably be required for the project.
(6) The reduction of duplication between requirements
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and State and local planning and environmental
review requirements, unless the agencies are specifically barred
from doing so by applicable law.
(7) Timelines for the completion of agency actions during
the planning and environmental review processes.
(8) Other appropriate factors.
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Review.
Contracts.
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SEC. 1321. ENVIRONMENTAL PROCEDURES INITIATIVE.
(a) ESTABLISHMENT.—For grant programs under which funds
are distributed by formula by the Department, the Secretary shall
establish an initiative to review and develop consistent procedures
for environmental permitting and procurement requirements that
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126 STAT. 553
apply to a project carried out under title 23, United States Code,
or chapter 53 of title 49, United States Code.
(b) REPORT.—The Secretary shall publish the results of the
initiative described in subsection (a) in an electronically accessible
format.
SEC.
1322.
REVIEW OF STATE ENVIRONMENTAL REVIEWS AND
APPROVALS FOR THE PURPOSE OF ELIMINATING
DUPLICATION OF ENVIRONMENTAL REVIEWS.
For environmental reviews and approvals carried out on
projects funded under title 23, United States Code, the Comptroller
General of the United States shall—
(1) review State laws and procedures for conducting
environmental reviews with regard to such projects and identify
the States that have environmental laws that provide environmental protections and opportunities for public involvement
that are equivalent to those provided by Federal environmental
laws;
(2) determine the frequency and cost of environmental
reviews carried out at the Federal level that are duplicative
of State reviews that provide equivalent environmental protections and opportunities for public involvement; and
(3) not later than 2 years after the date of enactment
of this Act, submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a
report that describes the results of the review and determination made under this section.
Determination.
Deadline.
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SEC. 1323. REVIEW OF FEDERAL PROJECT AND PROGRAM DELIVERY.
(a) COMPLETION TIME ASSESSMENTS AND REPORTS.—
(1) IN GENERAL.—For projects funded under title 23, United
States Code, the Secretary shall compare—
(A)(i) the completion times of categorical exclusions,
environmental assessments, and environmental impact
statements initiated after calendar year 2005; to
(ii) the completion times of categorical exclusions,
environmental assessments, and environmental impact
statements initiated during a period prior to calendar year
2005; and
(B)(i) the completion times of categorical exclusions,
environmental assessments, and environmental impact
statements initiated during the period beginning on
January 1, 2005, and ending on the date of enactment
of this Act; to
(ii) the completion times of categorical exclusions,
environmental assessments, and environmental impact
statements initiated after the date of enactment of this
Act.
(2) REPORT.—The Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public
Works of the Senate—
(A) not later than 1 year after the date of enactment
of this Act, a report that—
(i) describes the results of the review conducted
under paragraph (1)(A); and
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PUBLIC LAW 112–141—JULY 6, 2012
(ii) identifies any change in the timing for completions, including the reasons for any such change and
the reasons for delays in excess of 5 years; and
(B) not later than 5 years after the date of enactment
of this Act, a report that—
(i) describes the results of the review conducted
under paragraph (1)(B); and
(ii) identifies any change in the timing for completions, including the reasons for any such change and
the reasons for delays in excess of 5 years.
(b) ADDITIONAL REPORT.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works
of the Senate a report on the types and justification for the additional categorical exclusions granted under the authority provided
under sections 1316 and 1317.
(c) GAO REPORT.—The Comptroller General of the United
States shall—
(1) assess the reforms carried out under this subtitle
(including the amendments made by this subtitle); and
(2) not later than 5 years after the date of enactment
of this Act, submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a
report that describes the results of the assessment.
(d) INSPECTOR GENERAL REPORT.—The Inspector General of
the Department of Transportation shall—
(1) assess the reforms carried out under this subtitle
(including the amendments made by this subtitle); and
(2) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate—
(A) not later than 2 years after the date of enactment
of this Act, an initial report of the findings of the Inspector
General; and
(B) not later than 4 years after the date of enactment
of this Act, a final report of the findings.
Subtitle D—Highway Safety
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23 USC 137 note.
SEC. 1401. JASON’S LAW.
(a) IN GENERAL.—It is the sense of Congress that it is a national
priority to address projects under this section for the shortage
of long-term parking for commercial motor vehicles on the National
Highway System to improve the safety of motorized and nonmotorized users and for commercial motor vehicle operators.
(b) ELIGIBLE PROJECTS.—Eligible projects under this section
are those that—
(1) serve the National Highway System; and
(2) may include the following:
(A) Constructing safety rest areas (as defined in section
120(c) of title 23, United States Code) that include parking
for commercial motor vehicles.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 555
(B) Constructing commercial motor vehicle parking
facilities adjacent to commercial truck stops and travel
plazas.
(C) Opening existing facilities to commercial motor
vehicle parking, including inspection and weigh stations
and park-and-ride facilities.
(D) Promoting the availability of publicly or privately
provided commercial motor vehicle parking on the National
Highway System using intelligent transportation systems
and other means.
(E) Constructing turnouts along the National Highway
System for commercial motor vehicles.
(F) Making capital improvements to public commercial
motor vehicle parking facilities currently closed on a seasonal basis to allow the facilities to remain open yearround.
(G) Improving the geometric design of interchanges
on the National Highway System to improve access to
commercial motor vehicle parking facilities.
(c) SURVEY AND COMPARATIVE ASSESSMENT.—
(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Secretary, in consultation with
relevant State motor carrier safety personnel, shall conduct
a survey of each State—
(A) to evaluate the capability of the State to provide
adequate parking and rest facilities for commercial motor
vehicles engaged in interstate transportation;
(B) to assess the volume of commercial motor vehicle
traffic in the State; and
(C) to develop a system of metrics to measure the
adequacy of commercial motor vehicle parking facilities
in the State.
(2) RESULTS.—The results of the survey under paragraph
(1) shall be made available to the public on the website of
the Department of Transportation.
(3) PERIODIC UPDATES.—The Secretary shall periodically
update the survey under this subsection.
(d) ELECTRIC VEHICLE AND NATURAL GAS VEHICLE INFRASTRUCTURE.—
(1) IN GENERAL.—Except as provided in paragraph (2), a
State may establish electric vehicle charging stations or natural
gas vehicle refueling stations for the use of battery-powered
or natural gas-fueled trucks or other motor vehicles at any
parking facility funded or authorized under this Act or title
23, United States Code.
(2) EXCEPTION.—Electric vehicle battery charging stations
or natural gas vehicle refueling stations may not be established
or supported under paragraph (1) if commercial establishments
serving motor vehicle users are prohibited by section 111 of
title 23, United States Code.
(3) FUNDS.—Charging or refueling stations described in
paragraph (1) shall be eligible for the same funds as are available for the parking facilities in which the stations are located.
(e) TREATMENT OF PROJECTS.—Notwithstanding any other
provision of law, projects funded through the authority provided
under this section shall be treated as projects on a Federal-aid
highway under chapter 1 of title 23, United States Code.
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Deadline.
Public
information.
Web posting.
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126 STAT. 556
PUBLIC LAW 112–141—JULY 6, 2012
SEC. 1402. OPEN CONTAINER REQUIREMENTS.
Section 154(c) of title 23, United States Code, is amended—
(1) by striking paragraph (2) and inserting the following:
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—
‘‘(A) RESERVATION OF FUNDS.—On October 1, 2011, and
each October 1 thereafter, if a State has not enacted or
is not enforcing an open container law described in subsection (b), the Secretary shall reserve an amount equal
to 2.5 percent of the funds to be apportioned to the State
on that date under each of paragraphs (1) and (2) of section
104(b) until the State certifies to the Secretary the means
by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1)
and paragraph (3).
‘‘(B) TRANSFER OF FUNDS.—As soon as practicable after
the date of receipt of a certification from a State under
subparagraph (A), the Secretary shall—
‘‘(i) transfer the reserved funds identified by the
State for use as described in subparagraphs (A) and
(B) of paragraph (1) to the apportionment of the State
under section 402; and
‘‘(ii) release the reserved funds identified by the
State as described in paragraph (3).’’;
(2) by striking paragraph (3) and inserting the following:
‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM.—
‘‘(A) IN GENERAL.—A State may elect to use all or
a portion of the funds transferred under paragraph (2)
for activities eligible under section 148.
‘‘(B) STATE DEPARTMENTS OF TRANSPORTATION.—If the
State makes an election under subparagraph (A), the funds
shall be transferred to the department of transportation
of the State, which shall be responsible for the administration of the funds.’’; and
(3) by striking paragraph (5) and inserting the following:
‘‘(5) DERIVATION OF AMOUNT TO BE TRANSFERRED.—The
amount to be transferred under paragraph (2) may be derived
from the following:
‘‘(A) The apportionment of the State under section
104(b)(l).
‘‘(B) The apportionment of the State under section
104(b)(2).’’.
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SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR
DRIVING WHILE INTOXICATED OR DRIVING UNDER THE
INFLUENCE.
(a) DEFINITIONS.—Section 164(a) of title 23, United States Code,
is amended—
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(3) in paragraph (4) (as so redesignated) by striking
subparagraph (A) and inserting the following:
‘‘(A) receive—
‘‘(i) a suspension of all driving privileges for not
less than 1 year; or
‘‘(ii) a suspension of unlimited driving privileges
for 1 year, allowing for the reinstatement of limited
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126 STAT. 557
driving privileges subject to restrictions and limited
exemptions as established by State law, if an ignition
interlock device is installed for not less than 1 year
on each of the motor vehicles owned or operated, or
both, by the individual;’’.
(b) TRANSFER OF FUNDS.—Section 164(b) of title 23, United
States Code, is amended—
(1) by striking paragraph (2) and inserting the following:
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—
‘‘(A) RESERVATION OF FUNDS.—On October 1, 2011, and
each October 1 thereafter, if a State has not enacted or
is not enforcing a repeat intoxicated driver law, the Secretary shall reserve an amount equal to 2.5 percent of
the funds to be apportioned to the State on that date
under each of paragraphs (1) and (2) of section 104(b)
until the State certifies to the Secretary the means by
which the States will use those reserved funds among
the uses authorized under subparagraphs (A) and (B) of
paragraph (1), and paragraph (3).
‘‘(B) TRANSFER OF FUNDS.—As soon as practicable after
the date of receipt of a certification from a State under
subparagraph (A), the Secretary shall—
‘‘(i) transfer the reserved funds identified by the
State for use as described in subparagraphs (A) and
(B) of paragraph (1) to the apportionment of the State
under section 402; and
‘‘(ii) release the reserved funds identified by the
State as described in paragraph (3).’’;
(2) by striking paragraph (3) and inserting the following:
‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM.—
‘‘(A) IN GENERAL.—A State may elect to use all or
a portion of the funds transferred under paragraph (2)
for activities eligible under section 148.
‘‘(B) STATE DEPARTMENTS OF TRANSPORTATION.—If the
State makes an election under subparagraph (A), the funds
shall be transferred to the department of transportation
of the State, which shall be responsible for the administration of the funds.’’; and
(3) by striking paragraph (5) and inserting the following:
‘‘(5) DERIVATION OF AMOUNT TO BE TRANSFERRED.—The
amount to be transferred under paragraph (2) may be derived
from the following:
‘‘(A) The apportionment of the State under section
104(b)(1).
‘‘(B) The apportionment of the State under section
104(b)(2).’’.
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SEC. 1404. ADJUSTMENTS TO PENALTY PROVISIONS.
(a) VEHICLE WEIGHT LIMITATIONS.—Section 127(a)(1) of title
23, United States Code, is amended by striking ‘‘No funds shall
be apportioned in any fiscal year under section 104(b)(1) of this
title to any State which’’ and inserting ‘‘The Secretary shall withhold
50 percent of the apportionment of a State under section 104(b)(1)
in any fiscal year in which the State’’.
(b) CONTROL OF JUNKYARDS.—Section 136 of title 23, United
States Code, is amended—
(1) in subsection (b), in the first sentence—
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126 STAT. 558
PUBLIC LAW 112–141—JULY 6, 2012
(A) by striking ‘‘10 per centum’’ and inserting ‘‘7 percent’’; and
(B) by striking ‘‘section 104 of this title’’ and inserting
‘‘paragraphs (1) through (5) of section 104(b)’’; and
(2) by adding at the end the following:
‘‘(n) DEFINITIONS.—For purposes of this section, the terms ‘primary system’ and ‘Federal-aid primary system’ mean any highway
that is on the National Highway System, which includes the Interstate Highway System.’’.
(c) ENFORCEMENT OF VEHICLE SIZE AND WEIGHT LAWS.—Section
141(b)(2) of title 23, United States Code, is amended—
(1) by striking ‘‘10 per centum’’ and inserting ‘‘7 percent’’;
and
(2) by striking ‘‘section 104 of this title’’ and inserting
‘‘paragraphs (1) through (5) of section 104(b)’’.
(d) PROOF OF PAYMENT OF THE HEAVY VEHICLE USE TAX.—
Section 141(c) of title 23, United States Code, is amended—
(1) by striking ‘‘section 104(b)(4)’’ each place it appears
and inserting ‘‘section 104(b)(1)’’; and
(2) in the first sentence by striking ‘‘25 per centum’’ and
inserting ‘‘8 percent’’.
(e) USE OF SAFETY BELTS.—Section 153(h) of title 23, United
States Code, is amended—
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1);
(3) in paragraph (1) (as so redesignated)—
(A) by striking the paragraph heading and inserting
‘‘PRIOR TO FISCAL YEAR 2012’’; and
(B) by inserting ‘‘and before October 1, 2011,’’ after
‘‘September 30, 1994,’’; and
(4) by inserting after paragraph (1) (as so redesignated)
the following:
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—If, at any time
in a fiscal year beginning after September 30, 2011, a State
does not have in effect a law described in subsection (a)(2),
the Secretary shall transfer an amount equal to 2 percent
of the funds apportioned to the State for the succeeding fiscal
year under each of paragraphs (1) through (3) of section 104(b)
to the apportionment of the State under section 402.’’.
(f) NATIONAL MINIMUM DRINKING AGE.—Section 158(a)(1) of
title 23, United States Code, is amended—
(1) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(A) FISCAL YEARS BEFORE 2012.—The Secretary’’; and
(2) by adding at the end the following:
‘‘(B) FISCAL YEAR 2012 AND THEREAFTER.—For fiscal
year 2012 and each fiscal year thereafter, the amount
to be withheld under this section shall be an amount equal
to 8 percent of the amount apportioned to the noncompliant
State, as described in subparagraph (A), under paragraphs
(1) and (2) of section 104(b).’’.
(g) DRUG OFFENDERS.—Section 159 of title 23, United States
Code, is amended—
(1) in subsection (a)—
(A) by striking paragraph (1);
(B) by redesignating paragraph (2) as paragraph (1);
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 559
(C) in paragraph (1) (as so redesignated) by striking
‘‘(including any amounts withheld under paragraph (1))’’;
and
(D) by inserting after paragraph (1) (as so redesignated) the following:
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—The Secretary
shall withhold an amount equal to 8 percent of the amount
required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on the first day of each
fiscal year beginning after September 30, 2011, if the State
fails to meet the requirements of paragraph (3) on the first
day of the fiscal year.’’; and
(2) by striking subsection (b) and inserting the following:
‘‘(b) EFFECT OF NONCOMPLIANCE.—No funds withheld under
this section from apportionments to any State shall be available
for apportionment to that State.’’.
(h) ZERO TOLERANCE BLOOD ALCOHOL CONCENTRATION FOR
MINORS.—Section 161(a) of title 23, United States Code, is
amended—
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1);
(3) in paragraph (1) (as so redesignated)—
(A) by striking the paragraph heading and inserting
‘‘PRIOR TO FISCAL YEAR 2012’’; and
(B) by inserting ‘‘through fiscal year 2011’’ after ‘‘each
fiscal year thereafter’’; and
(4) by inserting after paragraph (1) (as so redesignated)
the following:
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—The Secretary
shall withhold an amount equal to 8 percent of the amount
required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on October 1, 2011, and
on October 1 of each fiscal year thereafter, if the State does
not meet the requirement of paragraph (3) on that date.’’.
(i) OPERATION OF MOTOR VEHICLES BY INTOXICATED PERSONS.—
Section 163(e) of title 23, United States Code, is amended by
striking paragraphs (1) and (2) and inserting the following:
‘‘(1) FISCAL YEARS 2007 THROUGH 2011.—On October 1, 2006,
and October 1 of each fiscal year thereafter through fiscal
year 2011, if a State has not enacted or is not enforcing a
law described in subsection (a), the Secretary shall withhold
an amount equal to 8 percent of the amounts to be apportioned
to the State on that date under each of paragraphs (1), (3),
and (4) of section 104(b).
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—On October 1,
2011, and October 1 of each fiscal year thereafter, if a State
has not enacted or is not enforcing a law described in subsection
(a), the Secretary shall withhold an amount equal to 6 percent
of the amounts to be apportioned to the State on that date
under each of paragraphs (1) and (2) of section 104(b).’’.
(j) COMMERCIAL DRIVER’S LICENSE.—Section 31314 of title 49,
United States Code, is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
‘‘(c) PENALTIES IMPOSED IN FISCAL YEAR 2012 AND THEREAFTER.—Effective beginning on October 1, 2011—
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‘‘(1) the penalty for the first instance of noncompliance
by a State under this section shall be not more than an amount
equal to 4 percent of funds required to be apportioned to the
noncompliant State under paragraphs (1) and (2) of section
104(b) of title 23; and
‘‘(2) the penalty for subsequent instances of noncompliance
shall be not more than an amount equal to 8 percent of funds
required to be apportioned to the noncompliant State under
paragraphs (1) and (2) of section 104(b) of title 23.’’.
Deadline.
SEC. 1405. HIGHWAY WORKER SAFETY.
Not later than 60 days after the date of enactment of this
Act, the Secretary shall modify section 630.1108(a) of title 23,
Code of Federal Regulations (as in effect on the date of enactment
of this Act), to ensure that—
(1) at a minimum, positive protective measures are used
to separate workers on highway construction projects from
motorized traffic in all work zones conducted under traffic
in areas that offer workers no means of escape (such as tunnels
and bridges), unless an engineering study determines otherwise;
(2) temporary longitudinal traffic barriers are used to protect workers on highway construction projects in long-duration
stationary work zones when the project design speed is anticipated to be high and the nature of the work requires workers
to be within 1 lane-width from the edge of a live travel lane,
unless—
(A) an analysis by the project sponsor determines
otherwise; or
(B) the project is outside of an urbanized area and
the annual average daily traffic load of the applicable road
is less than 100 vehicles per hour; and
(3) when positive protective devices are necessary for highway construction projects, those devices are paid for on a unitpay basis, unless doing so would create a conflict with innovative contracting approaches, such as design-build or some
performance-based contracts under which the contractor is paid
to assume a certain risk allocation and payment is generally
made on a lump-sum basis.
Subtitle E—Miscellaneous
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SEC. 1501. REAL-TIME RIDESHARING.
Paragraph (3) of section 101(a) of title 23, United States Code
(as redesignated by section 1103(a)(2)), is amended by striking
‘‘and designating existing facilities for use for preferential parking
for carpools’’ and inserting ‘‘designating existing facilities for use
for preferential parking for carpools, and real-time ridesharing
projects, such as projects where drivers, using an electronic transfer
of funds, recover costs directly associated with the trip provided
through the use of location technology to quantify those direct
costs, subject to the condition that the cost recovered does not
exceed the cost of the trip provided’’.
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SEC. 1502. PROGRAM EFFICIENCIES.
The first sentence of section 102(b) of title 23, United States
Code, is amended by striking ‘‘made available for such engineering’’
and inserting ‘‘reimbursed for the preliminary engineering’’.
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SEC. 1503. PROJECT APPROVAL AND OVERSIGHT.
(a) IN GENERAL.—Section 106 of title 23, United States Code,
is amended—
(1) in subsection (a)(2) by inserting ‘‘recipient’’ before ‘‘formalizing’’;
(2) in subsection (c)—
(A) in paragraph (1)—
(i) in the heading, by striking ‘‘NON-INTERSTATE’’;
(ii) by striking ‘‘but not on the Interstate System’’;
and inserting ‘‘, including projects on the Interstate
System’’; and
(iii) by striking ‘‘of projects’’ and all that follows
through the period at the end and inserting ‘‘with
respect to the projects unless the Secretary determines
that the assumption is not appropriate.’’; and
(B) by striking paragraph (4) and inserting the following:
‘‘(4) LIMITATION ON INTERSTATE PROJECTS.—
‘‘(A) IN GENERAL.—The Secretary shall not assign any
responsibilities to a State for projects the Secretary determines to be in a high risk category, as defined under
subparagraph (B).
‘‘(B) HIGH RISK CATEGORIES.—The Secretary may define
the high risk categories under this subparagraph on a
national basis, a State-by-State basis, or a national and
State-by-State basis, as determined to be appropriate by
the Secretary.’’;
(3) in subsection (e)—
(A) in paragraph (1)(A)—
(i) in the matter preceding clause (i)—
(I) by striking ‘‘concept’’ and inserting ‘‘planning’’; and
(II) by striking ‘‘multidisciplined’’ and
inserting ‘‘multidisciplinary’’; and
(ii) by striking clause (i) and inserting the following:
‘‘(i) providing the needed functions safely, reliably,
and at the lowest overall lifecycle cost;’’;
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A) by
striking ‘‘or other cost-reduction analysis’’;
(ii) in subparagraph (A)—
(I) by striking ‘‘Federal-aid system’’ and
inserting ‘‘National Highway System receiving
Federal assistance’’; and
(II) by striking ‘‘$25,000,000’’ and inserting
‘‘$50,000,000’’; and
(iii) in subparagraph (B)—
(I) by inserting ‘‘on the National Highway
System receiving Federal assistance’’ after ‘‘a
bridge project’’; and
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(II) by striking ‘‘$20,000,000’’ and inserting
‘‘$40,000,000’’; and
(C) by striking paragraph (4) and inserting the following:
‘‘(4) REQUIREMENTS.—
‘‘(A) VALUE ENGINEERING PROGRAM.—The State shall
develop and carry out a value engineering program that—
‘‘(i) establishes and documents value engineering
program policies and procedures;
‘‘(ii) ensures that the required value engineering
analysis is conducted before completing the final design
of a project;
‘‘(iii) ensures that the value engineering analysis
that is conducted, and the recommendations developed
and implemented for each project, are documented in
a final value engineering report; and
‘‘(iv) monitors, evaluates, and annually submits
to the Secretary a report that describes the results
of the value analyses that are conducted and the recommendations implemented for each of the projects
described in paragraph (2) that are completed in the
State.
‘‘(B) BRIDGE PROJECTS.—The value engineering analysis for a bridge project under paragraph (2) shall—
‘‘(i) include bridge superstructure and substructure
requirements based on construction material; and
‘‘(ii) be evaluated by the State—
‘‘(I) on engineering and economic bases, taking
into consideration acceptable designs for bridges;
and
‘‘(II) using an analysis of lifecycle costs and
duration of project construction.
‘‘(5) DESIGN-BUILD PROJECTS.—A requirement to provide
a value engineering analysis under this subsection shall not
apply to a project delivered using the design-build method
of construction.’’;
(4) in subsection (h)—
(A) in paragraph (1)(B) by inserting ‘‘, including a
phasing plan when applicable’’ after ‘‘financial plan’’; and
(B) by striking paragraph (3) and inserting the following:
‘‘(3) FINANCIAL PLAN.—A financial plan—
‘‘(A) shall be based on detailed estimates of the cost
to complete the project;
‘‘(B) shall provide for the annual submission of updates
to the Secretary that are based on reasonable assumptions,
as determined by the Secretary, of future increases in
the cost to complete the project;
‘‘(C) may include a phasing plan that identifies
fundable incremental improvements or phases that will
address the purpose and the need of the project in the
short term in the event there are insufficient financial
resources to complete the entire project. If a phasing plan
is adopted for a project pursuant to this section, the project
shall be deemed to satisfy the fiscal constraint requirements in the statewide and metropolitan planning requirements in sections 134 and 135; and
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‘‘(D) shall assess the appropriateness of a public-private
partnership to deliver the project.’’; and
(5) by adding at the end the following:
‘‘(j) USE OF ADVANCED MODELING TECHNOLOGIES.—
‘‘(1) DEFINITION OF ADVANCED MODELING TECHNOLOGY.—
In this subsection, the term ‘advanced modeling technology’
means an available or developing technology, including 3dimensional digital modeling, that can—
‘‘(A) accelerate and improve the environmental review
process;
‘‘(B) increase effective public participation;
‘‘(C) enhance the detail and accuracy of project designs;
‘‘(D) increase safety;
‘‘(E) accelerate construction, and reduce construction
costs; or
‘‘(F) otherwise expedite project delivery with respect
to transportation projects that receive Federal funding.
‘‘(2) PROGRAM.—With respect to transportation projects that
receive Federal funding, the Secretary shall encourage the use
of advanced modeling technologies during environmental, planning, financial management, design, simulation, and construction processes of the projects.
‘‘(3) ACTIVITIES.—In carrying out paragraph (2), the Secretary shall—
‘‘(A) compile information relating to advanced modeling
technologies, including industry best practices with respect
to the use of the technologies;
‘‘(B) disseminate to States information relating to
advanced modeling technologies, including industry best
practices with respect to the use of the technologies; and
‘‘(C) promote the use of advanced modeling technologies.
‘‘(4) COMPREHENSIVE PLAN.—The Secretary shall develop
and publish on the public website of the Department of
Transportation a detailed and comprehensive plan for the
implementation of paragraph (2).’’.
(b) REVIEW OF OVERSIGHT PROGRAM.—
(1) IN GENERAL.—The Secretary shall review the oversight
program established under section 106(g) of title 23, United
States Code, to determine the efficacy of the program in monitoring the effective and efficient use of funds authorized to
carry out title 23, United States Code.
(2) MINIMUM REQUIREMENTS FOR REVIEW.—At a minimum,
the review under paragraph (1) shall assess the capability
of the program to—
(A) identify projects funded under title 23, United
States Code, for which there are cost or schedule overruns;
and
(B) evaluate the extent of such overruns.
(3) REPORT TO CONGRESS.—Not later than 2 years after
the date of enactment of this Act, the Secretary shall transmit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment
and Public Works of the Senate a report on the results of
the review conducted under paragraph (1), which shall include
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recommendations for legislative changes to improve the oversight program established under section 106(g) of title 23,
United States Code.
(c) TRANSPARENCY AND ACCOUNTABILITY.—
(1) DATA COLLECTION.—The Secretary shall compile and
make available on the public website of the Department of
Transportation the annual expenditure data for funds made
available under title 23 and chapter 53 of title 49, United
States Code.
(2) REQUIREMENTS.—In carrying out paragraph (1), the Secretary shall ensure that the data made available on the public
website of the Department of Transportation—
(A) is organized by project and State;
(B) to the maximum extent practicable, is updated
regularly to reflect the current status of obligations,
expenditures, and Federal-aid projects; and
(C) can be searched and downloaded by users of the
website.
(3) REPORT TO CONGRESS.—The Secretary shall annually
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment and Public Works and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report containing
a summary of the data described in paragraph (1) for the
1-year period ending on the date on which the report is submitted.
23 USC 104 note.
Web posting.
Time period.
SEC. 1504. STANDARDS.
Section 109 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(r) PAVEMENT MARKINGS.—The Secretary shall not approve
any pavement markings project that includes the use of glass beads
containing more than 200 parts per million of arsenic or lead,
as determined in accordance with Environmental Protection Agency
testing methods 3052, 6010B, or 6010C.’’.
SEC. 1505. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE
INTERSTATE SYSTEM.
Section 111 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(e) JUSTIFICATION REPORTS.—If the Secretary requests or
requires a justification report for a project that would add a point
of access to, or exit from, the Interstate System, the Secretary
may permit a State transportation department to approve the
report.’’.
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SEC. 1506. CONSTRUCTION.
Section 114(b) of title 23, United States Code, is amended—
(1) in subsection (b)—
(A) by striking paragraph (1) and inserting the following:
‘‘(1) LIMITATION ON CONVICT LABOR.—Convict labor shall
not be used in construction of Federal-aid highways or portions
of Federal-aid highways unless the labor is performed by convicts who are on parole, supervised release, or probation.’’;
and
(B) in paragraph (3) by inserting ‘‘in existence during
that period’’ after ‘‘located on a Federal-aid system’’; and
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(2) by adding at the end the following:
‘‘(d) VETERANS EMPLOYMENT.—–
‘‘(1) IN GENERAL.—Subject to paragraph (2), a recipient
of Federal financial assistance under this chapter shall, to
the extent practicable, encourage contractors working on a highway project funded using the assistance to make a best faith
effort in the hiring or referral of laborers on any project for
the construction of a highway to veterans (as defined in section
2108 of title 5) who have the requisite skills and abilities
to perform the construction work required under the contract.
‘‘(2) ADMINISTRATION.—This subsection shall not—
‘‘(A) apply to projects subject to section 140(d); or
‘‘(B) be administered or enforced in any manner that
would require an employer to give a preference to any
veteran over any equally qualified applicant who is a
member of any racial or ethnic minority, a female, or
any equally qualified former employee.’’.
Contracts.
SEC. 1507. MAINTENANCE.
Section 116 of title 23, United States Code, is amended—
(1) by redesignating subsections (a) through (d) as subsections (b) through (e), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) PREVENTIVE MAINTENANCE.—The term ‘preventive
maintenance’ includes pavement preservation programs and
activities.
‘‘(2) PAVEMENT PRESERVATION PROGRAMS AND ACTIVITIES.—
The term ‘pavement preservation programs and activities’
means programs and activities employing a network level, longterm strategy that enhances pavement performance by using
an integrated, cost-effective set of practices that extend pavement life, improve safety, and meet road user expectations.’’;
(3) in subsection (b) (as so redesignated)—
(A) in the first sentence, by inserting ‘‘or other direct
recipient’’ before ‘‘to maintain’’; and
(B) by striking the second sentence;
(4) by striking subsection (c) (as so redesignated) and
inserting the following:
‘‘(c) AGREEMENT.—In any State in which the State transportation department or other direct recipient is without legal authority
to maintain a project described in subsection (b), the transportation
department or direct recipient shall enter into a formal agreement
with the appropriate officials of the county or municipality in which
the project is located to provide for the maintenance of the project.’’;
and
(5) in the first sentence of subsection (d) (as so redesignated) by inserting ‘‘or other direct recipient’’ after ‘‘State
transportation department’’.
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SEC. 1508. FEDERAL SHARE PAYABLE.
Section 120 of title 23, United States Code, is amended—
(1) in the first sentence of subsection (c)(1)—
(A) by inserting ‘‘maintaining minimum levels of
retroreflectivity of highway signs or pavement markings,’’
after ‘‘traffic control signalization,’’;
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Extension.
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(B) by inserting ‘‘shoulder and centerline rumble strips
and stripes,’’ after ‘‘pavement marking,’’; and
(C) by striking ‘‘Federal-aid systems’’ and inserting
‘‘Federal-aid programs’’;
(2) by striking subsection (e) and inserting the following:
‘‘(e) EMERGENCY RELIEF.—The Federal share payable for any
repair or reconstruction provided for by funds made available under
section 125 for any project on a Federal-aid highway, including
the Interstate System, shall not exceed the Federal share payable
on a project on the system as provided in subsections (a) and
(b), except that—
‘‘(1) the Federal share payable for eligible emergency
repairs to minimize damage, protect facilities, or restore essential traffic accomplished within 180 days after the actual occurrence of the natural disaster or catastrophic failure may amount
to 100 percent of the cost of the repairs;
‘‘(2) the Federal share payable for any repair or reconstruction of Federal land transportation facilities, Federal land
access transportation facilities, and tribal transportation facilities may amount to 100 percent of the cost of the repair or
reconstruction;
‘‘(3) the Secretary shall extend the time period in paragraph
(1) taking into consideration any delay in the ability of the
State to access damaged facilities to evaluate damage and
the cost of repair; and
‘‘(4) the Federal share payable for eligible permanent
repairs to restore damaged facilities to predisaster condition
may amount to 90 percent of the cost of the repairs if the
eligible expenses incurred by the State due to natural disasters
or catastrophic failures in a Federal fiscal year exceeds the
annual apportionment of the State under section 104 for the
fiscal year in which the disasters or failures occurred.’’;
(3) by striking subsection (g) and redesignating subsections
(h) through (l) as subsections (g) through (k), respectively;
(4) in subsection (i)(1)(A) (as redesignated by paragraph
(3)) by striking ‘‘and the Appalachian development highway
system program under section 14501 of title 40’’; and
(5) by striking subsections (j) and (k) (as redesignated
by paragraph (3)) and inserting the following:
‘‘(j) USE OF FEDERAL AGENCY FUNDS.—Notwithstanding any
other provision of law, any Federal funds other than those made
available under this title and title 49 may be used to pay the
non-Federal share of the cost of any transportation project that
is within, adjacent to, or provides access to Federal land, the Federal
share of which is funded under this title or chapter 53 of title
49.
‘‘(k) USE OF FEDERAL LAND AND TRIBAL TRANSPORTATION
FUNDS.—Notwithstanding any other provision of law, the funds
authorized to be appropriated to carry out the tribal transportation
program under section 202 and the Federal lands transportation
program under section 203 may be used to pay the non-Federal
share of the cost of any project that is funded under this title
or chapter 53 of title 49 and that provides access to or within
Federal or tribal land.’’.
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126 STAT. 567
SEC. 1509. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.
(a) IN GENERAL.—Section 126 of title 23, United States Code,
is amended to read as follows:
‘‘§ 126. Transferability of Federal-aid highway funds
‘‘(a) IN GENERAL.—Notwithstanding any other provision of law,
subject to subsection (b), a State may transfer from an apportionment under section 104(b) not to exceed 50 percent of the amount
apportioned for the fiscal year to any other apportionment of the
State under that section.
‘‘(b) APPLICATION TO CERTAIN SET-ASIDES.—
‘‘(1) IN GENERAL.—Funds that are subject to sections 104(d)
and 133(d) shall not be transferred under this section.
‘‘(2) FUNDS TRANSFERRED BY STATES.—Funds transferred
by a State under this section of the funding reserved for the
State under section 213 for a fiscal year may only come from
the portion of those funds that are available for obligation
in any area of the State under section 213(c)(1)(B).’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 126 and inserting the following:
‘‘126. Transferability of Federal-aid highway funds.’’.
SEC. 1510. IDLE REDUCTION TECHNOLOGY.
Section 127(a)(12) of title 23, United States Code, is amended—
(1) in subparagraph (B), by striking ‘‘400’’ and inserting
‘‘550’’; and
(2) in subparagraph (C)(ii), by striking ‘‘400-pound’’ and
inserting ‘‘550-pound’’.
SEC. 1511. SPECIAL PERMITS DURING PERIODS OF NATIONAL EMERGENCY.
Section 127 of title 23, United States Code, is amended by
inserting at the end the following:
‘‘(i) SPECIAL PERMITS DURING PERIODS OF NATIONAL EMERGENCY.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
this section, a State may issue special permits during an emergency to overweight vehicles and loads that can easily be
dismantled or divided if—
‘‘(A) the President has declared the emergency to be
a major disaster under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.);
‘‘(B) the permits are issued in accordance with State
law; and
‘‘(C) the permits are issued exclusively to vehicles and
loads that are delivering relief supplies.
‘‘(2) EXPIRATION.—A permit issued under paragraph (1)
shall expire not later than 120 days after the date of the
declaration of emergency under subparagraph (A) of that paragraph.’’.
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SEC. 1512. TOLLING.
(a) AMENDMENT TO TOLLING PROVISION.—Section 129(a) of title
23, United States Code, is amended to read as follows:
‘‘(a) BASIC PROGRAM.—
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126 STAT. 568
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(1) AUTHORIZATION FOR FEDERAL PARTICIPATION.—Subject
to the provisions of this section, Federal participation shall
be permitted on the same basis and in the same manner as
construction of toll-free highways is permitted under this
chapter in the—
‘‘(A) initial construction of a toll highway, bridge, or
tunnel or approach to the highway, bridge, or tunnel;
‘‘(B) initial construction of 1 or more lanes or other
improvements that increase capacity of a highway, bridge,
or tunnel (other than a highway on the Interstate System)
and conversion of that highway, bridge, or tunnel to a
tolled facility, if the number of toll-free lanes, excluding
auxiliary lanes, after the construction is not less than
the number of toll-free lanes, excluding auxiliary lanes,
before the construction;
‘‘(C) initial construction of 1 or more lanes or other
improvements that increase the capacity of a highway,
bridge, or tunnel on the Interstate System and conversion
of that highway, bridge, or tunnel to a tolled facility, if
the number of toll-free non-HOV lanes, excluding auxiliary
lanes, after such construction is not less than the number
of toll-free non-HOV lanes, excluding auxiliary lanes, before
such construction;
‘‘(D) reconstruction, resurfacing, restoration, rehabilitation, or replacement of a toll highway, bridge, or tunnel
or approach to the highway, bridge, or tunnel;
‘‘(E) reconstruction or replacement of a toll-free bridge
or tunnel and conversion of the bridge or tunnel to a
toll facility;
‘‘(F) reconstruction of a toll-free Federal-aid highway
(other than a highway on the Interstate System) and
conversion of the highway to a toll facility;
‘‘(G) reconstruction, restoration, or rehabilitation of a
highway on the Interstate System if the number of tollfree non-HOV lanes, excluding auxiliary lanes, after
reconstruction, restoration, or rehabilitation is not less than
the number of toll-free non-HOV lanes, excluding auxiliary
lanes, before reconstruction, restoration, or rehabilitation;
‘‘(H) conversion of a high occupancy vehicle lane on
a highway, bridge, or tunnel to a toll facility; and
‘‘(I) preliminary studies to determine the feasibility
of a toll facility for which Federal participation is authorized under this paragraph.
‘‘(2) OWNERSHIP.—Each highway, bridge, tunnel, or
approach to the highway, bridge, or tunnel constructed under
this subsection shall—
‘‘(A) be publicly owned; or
‘‘(B) be privately owned if the public authority with
jurisdiction over the highway, bridge, tunnel, or approach
has entered into a contract with 1 or more private persons
to design, finance, construct, and operate the facility and
the public authority will be responsible for complying with
all applicable requirements of this title with respect to
the facility.
‘‘(3) LIMITATIONS ON USE OF REVENUES.—
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 569
‘‘(A) IN GENERAL.—A public authority with jurisdiction
over a toll facility shall use all toll revenues received from
operation of the toll facility only for—
‘‘(i) debt service with respect to the projects on
or for which the tolls are authorized, including funding
of reasonable reserves and debt service on refinancing;
‘‘(ii) a reasonable return on investment of any private person financing the project, as determined by
the State or interstate compact of States concerned;
‘‘(iii) any costs necessary for the improvement and
proper operation and maintenance of the toll facility,
including reconstruction, resurfacing, restoration, and
rehabilitation;
‘‘(iv) if the toll facility is subject to a public-private
partnership agreement, payments that the party
holding the right to toll revenues owes to the other
party under the public-private partnership agreement;
and
‘‘(v) if the public authority certifies annually that
the tolled facility is being adequately maintained, any
other purpose for which Federal funds may be obligated
by a State under this title.
‘‘(B) ANNUAL AUDIT.—
‘‘(i) IN GENERAL.—A public authority with jurisdiction over a toll facility shall conduct or have an independent auditor conduct an annual audit of toll facility
records to verify adequate maintenance and compliance
with subparagraph (A), and report the results of the
audits to the Secretary.
‘‘(ii) RECORDS.—On reasonable notice, the public
authority shall make all records of the public authority
pertaining to the toll facility available for audit by
the Secretary.
‘‘(C) NONCOMPLIANCE.—If the Secretary concludes that
a public authority has not complied with the limitations
on the use of revenues described in subparagraph (A),
the Secretary may require the public authority to discontinue collecting tolls until an agreement with the Secretary is reached to achieve compliance with the limitation
on the use of revenues described in subparagraph (A).
‘‘(4) LIMITATIONS ON CONVERSION OF HIGH OCCUPANCY
VEHICLE FACILITIES ON INTERSTATE SYSTEM.—
‘‘(A) IN GENERAL.—A public authority with jurisdiction
over a high occupancy vehicle facility on the Interstate
System may undertake reconstruction, restoration, or
rehabilitation under paragraph (1)(G) on the facility, and
may levy tolls on vehicles, excluding high occupancy
vehicles, using the reconstructed, restored, or rehabilitated
facility, if the public authority—
‘‘(i) in the case of a high occupancy vehicle facility
that affects a metropolitan area, submits to the Secretary a written assurance that the metropolitan planning organization designated under section 5203 of
title 49 for the area has been consulted concerning
the placement and amount of tolls on the converted
facility;
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126 STAT. 570
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(ii) develops, manages, and maintains a system
that will automatically collect the toll; and
‘‘(iii) establishes policies and procedures—
‘‘(I) to manage the demand to use the facility
by varying the toll amount that is charged; and
‘‘(II) to enforce sanctions for violations of use
of the facility.
‘‘(B) EXEMPTION FROM TOLLS.—In levying tolls on a
facility under subparagraph (A), a public authority may
designate classes of vehicles that are exempt from the
tolls or charge different toll rates for different classes of
vehicles.
‘‘(5) SPECIAL RULE FOR FUNDING.—
‘‘(A) IN GENERAL.—In the case of a toll facility under
the jurisdiction of a public authority of a State (other
than the State transportation department), on request of
the State transportation department and subject to such
terms and conditions as the department and public
authority may agree, the Secretary, working through the
State department of transportation, shall reimburse the
public authority for the Federal share of the costs of
construction of the project carried out on the toll facility
under this subsection in the same manner and to the
same extent as the department would be reimbursed if
the project was being carried out by the department.
‘‘(B) SOURCE.—The reimbursement of funds under this
paragraph shall be from sums apportioned to the State
under this chapter and available for obligations on projects
on the Federal-aid system in the State on which the project
is being carried out.
‘‘(6) LIMITATION ON FEDERAL SHARE.—The Federal share
payable for a project described in paragraph (1) shall be a
percentage determined by the State, but not to exceed 80 percent.
‘‘(7) MODIFICATIONS.—If a public authority (including a
State transportation department) with jurisdiction over a toll
facility subject to an agreement under this section or section
119(e), as in effect on the day before the effective date of
title I of the Intermodal Surface Transportation Efficiency Act
of 1991 (105 Stat. 1915), requests modification of the agreement,
the Secretary shall modify the agreement to allow the continuation of tolls in accordance with paragraph (3) without repayment of Federal funds.
‘‘(8) LOANS.—
‘‘(A) IN GENERAL.—
‘‘(i) LOANS.—Using amounts made available under
this title, a State may loan to a public or private
entity constructing or proposing to construct under
this section a toll facility or non-toll facility with a
dedicated revenue source an amount equal to all or
part of the Federal share of the cost of the project
if the project has a revenue source specifically dedicated to the project.
‘‘(ii) DEDICATED REVENUE SOURCES.—Dedicated
revenue sources for non-toll facilities include excise
taxes, sales taxes, motor vehicle use fees, tax on real
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 571
property, tax increment financing, and such other dedicated revenue sources as the Secretary determines
appropriate.
‘‘(B) COMPLIANCE WITH FEDERAL LAWS.—As a condition
of receiving a loan under this paragraph, the public or
private entity that receives the loan shall ensure that the
project will be carried out in accordance with this title
and any other applicable Federal law, including any
applicable provision of a Federal environmental law.
‘‘(C) SUBORDINATION OF DEBT.—The amount of any loan
received for a project under this paragraph may be subordinated to any other debt financing for the project.
‘‘(D) OBLIGATION OF FUNDS LOANED.—Funds loaned
under this paragraph may only be obligated for projects
under this paragraph.
‘‘(E) REPAYMENT.—The repayment of a loan made
under this paragraph shall commence not later than 5
years after date on which the facility that is the subject
of the loan is open to traffic.
‘‘(F) TERM OF LOAN.—The term of a loan made under
this paragraph shall not exceed 30 years from the date
on which the loan funds are obligated.
‘‘(G) INTEREST.—A loan made under this paragraph
shall bear interest at or below market interest rates, as
determined by the State, to make the project that is the
subject of the loan feasible.
‘‘(H) REUSE OF FUNDS.—Amounts repaid to a State
from a loan made under this paragraph may be obligated—
‘‘(i) for any purpose for which the loan funds were
available under this title; and
‘‘(ii) for the purchase of insurance or for use as
a capital reserve for other forms of credit enhancement
for project debt in order to improve credit market
access or to lower interest rates for projects eligible
for assistance under this title.
‘‘(I) GUIDELINES.—The Secretary shall establish procedures and guidelines for making loans under this paragraph.
‘‘(9) STATE LAW PERMITTING TOLLING.—If a State does not
have a highway, bridge, or tunnel toll facility as of the date
of enactment of the MAP–21, before commencing any activity
authorized under this section, the State shall have in effect
a law that permits tolling on a highway, bridge, or tunnel.
‘‘(10) DEFINITIONS.—In this subsection, the following definitions apply:
‘‘(A) HIGH OCCUPANCY VEHICLE; HOV.—The term ‘high
occupancy vehicle’ or ‘HOV’ means a vehicle with not fewer
than 2 occupants.
‘‘(B) INITIAL CONSTRUCTION.—
‘‘(i) IN GENERAL.—The term ‘initial construction’
means the construction of a highway, bridge, tunnel,
or other facility at any time before it is open to traffic.
‘‘(ii) EXCLUSIONS.—The term ‘initial construction’
does not include any improvement to a highway,
bridge, tunnel, or other facility after it is open to
traffic.
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Deadline.
23 USC 129 note.
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(C) PUBLIC AUTHORITY.—The term ‘public authority’
means a State, interstate compact of States, or public entity
designated by a State.
‘‘(D) TOLL FACILITY.—The term ‘toll facility’ means a
toll highway, bridge, or tunnel or approach to the highway,
bridge, or tunnel constructed under this subsection.’’.
(b) ELECTRONIC TOLL COLLECTION INTEROPERABILITY REQUIREMENTS.—Not later than 4 years after the date of enactment of
this Act, all toll facilities on the Federal-aid highways shall implement technologies or business practices that provide for the interoperability of electronic toll collection programs.
SEC. 1513. MISCELLANEOUS PARKING AMENDMENTS.
(a) FRINGE AND CORRIDOR PARKING FACILITIES.—Section 137
of title 23, United States Code, is amended—
(1) in subsection (f)(1)—
(A) by striking ‘‘104(b)(4)’’ and inserting ‘‘104(b)(1)’’;
and
(B) by inserting ‘‘including the addition of electric
vehicle charging stations or natural gas vehicle refueling
stations,’’ after ‘‘new facilities,’’; and
(2) by adding at the end the following:
‘‘(g) FUNDING.—The addition of electric vehicle charging stations
or natural gas vehicle refueling stations to new or previously funded
parking facilities shall be eligible for funding under this section.’’.
(b) PUBLIC TRANSPORTATION.—Section 142(a)(1) of title 23,
United States Code, is amended by inserting ‘‘, which may include
electric vehicle charging stations or natural gas vehicle refueling
stations,’’ after ‘‘parking facilities’’.
(c) FOREST DEVELOPMENT ROADS AND TRAILS.—Section 205(d)
of title 23, United States Code, is amended by inserting ‘‘, which
may include electric vehicle charging stations or natural gas vehicle
refueling stations,’’ after ‘‘parking areas’’.
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SEC. 1514. HOV FACILITIES.
Section 166 of title 23, United States Code, is amended—
(1) in subsection (b)(5)—
(A) in subparagraph (A) by striking ‘‘2009’’ and
inserting ‘‘2017’’;
(B) in subparagraph (B) by striking ‘‘2009’’ and
inserting ‘‘2017’’; and
(C) in subparagraph (C)—
(i) by striking ‘‘subparagraph (B)’’ and inserting
‘‘this paragraph’’; and
(ii) by inserting ‘‘or equal to’’ after ‘‘less than’’;
(2) in subsection (c) by striking paragraph (3) and inserting
the following:
‘‘(3) TOLL REVENUE.—Toll revenue collected under this section is subject to the requirements of section 129(a)(3).’’; and
(3) in subsection (d)(1)—
(A) in the matter preceding subparagraph (A)—
(i) by striking ‘‘in a fiscal year shall certify’’ and
inserting ‘‘shall submit to the Secretary a report demonstrating that the facility is not already degraded,
and that the presence of the vehicles will not cause
the facility to become degraded, and certify’’; and
(ii) by striking ‘‘in the fiscal year’’;
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(B) in subparagraph (A) by inserting ‘‘and submitting
to the Secretary annual reports of those impacts’’ after
‘‘adjacent highways’’;
(C) in subparagraph (C) by striking ‘‘if the presence
of the vehicles has degraded the operation of the facility’’
and inserting ‘‘whenever the operation of the facility is
degraded’’; and
(D) by adding at the end the following:
‘‘(D) MAINTENANCE OF OPERATING PERFORMANCE.—Not
later than 180 days after the date on which a facility
is degraded pursuant to the standard specified in paragraph (2), the State agency with jurisdiction over the
facility shall bring the facility into compliance with the
minimum average operating speed performance standard
through changes to operation of the facility, including—
‘‘(i) increasing the occupancy requirement for HOV
lanes;
‘‘(ii) varying the toll charged to vehicles allowed
under subsection (b) to reduce demand;
‘‘(iii) discontinuing allowing non-HOV vehicles to
use HOV lanes under subsection (b); or
‘‘(iv) increasing the available capacity of the HOV
facility.
‘‘(E) COMPLIANCE.—If the State fails to bring a facility
into compliance under subparagraph (D), the Secretary
shall subject the State to appropriate program sanctions
under section 1.36 of title 23, Code of Federal Regulations
(or successor regulations), until the performance is no
longer degraded.’’.
Deadline.
SEC. 1515. FUNDING FLEXIBILITY FOR TRANSPORTATION EMERGENCIES.
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(a) IN GENERAL.—Chapter 1 of title 23, United States Code
(as amended by section 1311(a)), is amended by adding at the
end the following:
‘‘§ 170. Funding flexibility for transportation emergencies
‘‘(a) IN GENERAL.—Notwithstanding any other provision of law,
a State may use up to 100 percent of any covered funds of the
State to repair or replace a transportation facility that has suffered
serious damage as a result of a natural disaster or catastrophic
failure from an external cause.
‘‘(b) DECLARATION OF EMERGENCY.—Funds may be used under
this section only for a disaster or emergency declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
‘‘(c) REPAYMENT.—Funds used under subsection (a) shall be
repaid to the program from which the funds were taken in the
event that such repairs or replacement are subsequently covered
by a supplemental appropriation of funds.
‘‘(d) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) COVERED FUNDS.—The term ‘covered funds’ means any
amounts apportioned to a State under section 104(b), other
than amounts suballocated to metropolitan areas and other
areas of the State under section 133(d), but including any
such amounts required to be set aside for a purpose other
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PUBLIC LAW 112–141—JULY 6, 2012
than the repair or replacement of a transportation facility under
this section.
‘‘(2) TRANSPORTATION FACILITY.—The term ‘transportation
facility’ means any facility eligible for assistance under section
125.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis
for chapter 1 of title 23, United States Code (as amended by
section 1311(b)), is amended by adding at the end the following:
‘‘170. Funding flexibility for transportation emergencies.’’.
SEC. 1516. DEFENSE ACCESS ROAD PROGRAM ENHANCEMENTS TO
ADDRESS TRANSPORTATION INFRASTRUCTURE IN THE
VICINITY OF MILITARY INSTALLATIONS.
The second sentence of section 210(a)(2) of title 23, United
States Code, is amended by inserting ‘‘, in consultation with the
Secretary of Transportation,’’ before ‘‘shall determine’’.
SEC. 1517. MAPPING.
Compliance
process.
Deadline.
(a) IN GENERAL.—Section 306 of title 23, United States Code,
is amended—
(1) in subsection (a) by striking ‘‘may’’ and inserting ‘‘shall’’;
(2) in subsection (b) in the second sentence by striking
‘‘State and’’ and inserting ‘‘State government and’’; and
(3) by adding at the end the following:
‘‘(c) IMPLEMENTATION.—The Secretary shall develop a process
for the oversight and monitoring, on an annual basis, of the compliance of each State with the guidance issued under subsection (b).’’.
(b) SURVEY.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall conduct a survey of all States
to determine what percentage of projects carried out under title
23, United States Code, in each State utilize private sector sources
for surveying and mapping services.
SEC. 1518. BUY AMERICA PROVISIONS.
Section 313 of title 23, United States Code, is amended by
adding at the end the following:
‘‘(g) APPLICATION TO HIGHWAY PROGRAMS.—The requirements
under this section 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 title.’’.
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SEC. 1519. CONSOLIDATION OF PROGRAMS; REPEAL OF OBSOLETE
PROVISIONS.
(a) CONSOLIDATION OF PROGRAMS.—From administrative funds
made available under section 104(a) of title 23, United States Code,
not less than $3,000,000 for each of fiscal years 2013 and 2014
shall be made available—
(1) to carry out safety-related activities, including—
(A) to carry out the operation lifesaver program—
(i) to provide public information and education programs to help prevent and reduce motor vehicle
accidents, injuries, and fatalities; and
(ii) to improve driver performance at railway-highway crossings; and
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 575
(B) to provide work zone safety grants in accordance
with subsections (a) and (b) of section 1409 of the
SAFETEA–LU (23 U.S.C. 401 note; 119 Stat. 1232); and
(2) to operate authorized safety-related clearinghouses,
including—
(A) the national work zone safety information clearinghouse authorized by section 358(b)(2) of the National Highway System Designation Act of 1995 (23 U.S.C. 401 note;
109 Stat. 625); and
(B) a public road safety clearinghouse in accordance
with section 1411(a) of the SAFETEA–LU (23 U.S.C. 402
note; 119 Stat. 1234).
(b) REPEALS.—
(1) TITLE 23.—
(A) IN GENERAL.—Sections 105, 110, 117, 124, 151,
155, 157, 160, 212, 216, 303, and 309 of title 23, United
States Code, are repealed.
(B) SET ASIDES.—Section 118 of title 23, United States
Code, is amended—
(i) by striking subsection (c); and
(ii) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
(2) SAFETEA–LU.—Sections 1302, 1305, 1306, 1803, 1804,
1907, and 1958 of SAFETEA–LU (Public Law 109–59) are
repealed.
(3) ADDITIONAL.—Section 1132 of the Energy Independence
and Security Act of 2007 (Public Law 110–140; 121 Stat. 1763)
is repealed.
(c) CONFORMING AMENDMENTS.—
(1) TITLE ANALYSIS.—
(A) CHAPTER 1.—The analysis for chapter 1 of title
23, United States Code, is amended by striking the items
relating to sections 105, 110, 117, 124, 151, 155, 157,
and 160.
(B) CHAPTER 2.—The analysis for chapter 2 of title
23, United States Code, is amended by striking the items
relating to sections 212 and 216.
(C) CHAPTER 3.—The analysis for chapter 3 of title
23, United States Code, is amended by striking the items
relating to sections 303 and 309.
(2) TABLE OF CONTENTS.—The table of contents contained
in section 1(b) of SAFETEA–LU (Public Law 109–59; 119 Stat.
1144) is amended by striking the items relating to sections
1302, 1305, 1306, 1803, 1804, 1907, and 1958.
(3) SECTION 104.—Section 104(e) of title 23, United States
Code, is amended by striking ‘‘, 105,’’.
(4) SECTION 109.—Section 109(q) of title 23, United States
Code, is amended by striking ‘‘in accordance with section 303
or’’.
(5) SECTION 118.—Section 118(b) of title 23, United States
Code, is amended—
(A) by striking paragraph (1) and all that follows
through the heading of paragraph (2); and
(B) by striking ‘‘(other than for Interstate construction)’’.
(6) SECTION 130.—Section 130 of title 23, United States
Code, is amended—
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126 STAT. 576
PUBLIC LAW 112–141—JULY 6, 2012
(A) in subsection (e) by striking ‘‘section 104(b)(5)’’
and inserting ‘‘section 104(b)(3)’’;
(B) in subsection (f)(1) by inserting ‘‘as in effect on
the day before the date of enactment of the MAP–21’’
after ‘‘section 104(b)(3)(A)’’; and
(C) in subsection (l) by striking paragraphs (3) and
(4).
(7) SECTION 131.—Section 131(m) of title 23, United States
Code, is amended by striking ‘‘Subject to approval by the Secretary in accordance with the program of projects approval
process of section 105, a State’’ and inserting ‘‘A State’’.
(8) SECTION 133.—Paragraph (13) of section 133(b) of title
23, United States Code (as amended by section 1108(a)(3)),
is amended by striking ‘‘under section 303.’’
(9) SECTION 142.—Section 142 of title 23, United States
Code, is amended—
(A) in subsection (a)—
(i) in paragraph (1)—
(I) by striking ‘‘motor vehicles (other than
rail)’’ and inserting ‘‘buses’’;
(II) by striking ‘‘(hereafter in this section
referred to as ‘buses’)’’;
(III) by striking ‘‘Federal-aid systems’’ and
inserting ‘‘Federal-aid highways’’; and
(IV) by striking ‘‘Federal-aid system’’ and
inserting ‘‘Federal-aid highway’’; and
(ii) in paragraph (2)—
(I) by striking ‘‘as a project on the the surface
transportation program for’’; and
(II) by striking ‘‘section 104(b)(3)’’ and
inserting ‘‘section 104(b)(2)’’;
(B) in subsection (b) by striking ‘‘104(b)(4)’’ and
inserting ‘‘104(b)(1)’’;
(C) in subsection (c)—
(i) by striking ‘‘system’’ in each place it appears
and inserting ‘‘highway’’; and
(ii) by striking ‘‘highway facilities’’ and inserting
‘‘highways eligible under the program that is the source
of the funds’’;
(D) in subsection (e)(2) by striking ‘‘Notwithstanding
section 209(f)(1) of the Highway Revenue Act of 1956, the
Highway Trust Fund shall be available for making expenditures to meet obligations resulting from projects authorized
by subsection (a)(2) of this section and such projects’’ and
inserting ‘‘Projects authorized by subsection (a)(2)’’; and
(E) in subsection (f) by striking ‘‘exits’’ and inserting
‘‘exists’’.
(10) SECTION 145.—Section 145(b) of title 23, United States
Code, is amended by striking ‘‘section 117 of this title,’’.
(11) SECTION 218.—Section 218 of title 23, United States
Code, is amended—
(A) in subsection (a)—
(i) by striking the first two sentences;
(ii) in the third sentence—
(I) by striking ‘‘, in addition to such funds,’’;
and
(II) by striking ‘‘such highway or’’;
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(iii) by striking the fourth sentence and fifth sentences;
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as subsection (b).
(12) SECTION 610.—Section 610(d)(1)(B) of title 23, United
States Code, is amended by striking ‘‘under section 105’’.
SEC. 1520. DENALI COMMISSION.
The Denali Commission Act of 1998 (42 U.S.C. 3121 note)
is amended—
(1) in section 305, by striking subsection (c) and inserting
the following:
‘‘(c) GIFTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Commission, on behalf of the United States, may accept
use, and dispose of gifts or donations of services, property,
or money for purposes of carrying out this Act.
‘‘(2) CONDITIONAL.—With respect to conditional gifts—
‘‘(A)(i) the Commission, on behalf of the United States,
may accept conditional gifts for purposes of carrying out
this Act, if approved by the Federal Cochairperson; and
‘‘(ii) the principal of and income from any such conditional gift shall be held, invested, reinvested, and used
in accordance with the condition applicable to the gift;
but
‘‘(B) no gift shall be accepted that is conditioned on
any expenditure not to be funded from the gift or from
the income generated by the gift unless the expenditure
has been approved by Act of Congress.’’; and
(2) by adding at the end the following:
‘‘SEC. 311. TRANSFER OF FUNDS FROM OTHER FEDERAL AGENCIES.
‘‘(a) IN GENERAL.—Subject to subsection (c), for purposes of
this Act, the Commission may accept transfers of funds from other
Federal agencies.
‘‘(b) TRANSFERS.—Any Federal agency authorized to carry out
an activity that is within the authority of the Commission may
transfer to the Commission any appropriated funds for the activity.
‘‘(c) TREATMENT.—Any funds transferred to the Commission
under this subsection—
‘‘(1) shall remain available until expended; and
‘‘(2) may, to the extent necessary to carry out this Act,
be transferred to, and merged with, the amounts made available
by appropriations Acts for the Commission by the Federal
Cochairperson.’’.
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SEC. 1521. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION POLICIES ACT OF 1970 AMENDMENTS.
(a) MOVING AND RELATED EXPENSES.—Section 202 of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4622) is amended—
(1) in subsection (a)(4) by striking ‘‘$10,000’’ and inserting
‘‘$25,000, as adjusted by regulation, in accordance with section
213(d)’’; and
(2) in the second sentence of subsection (c) by striking
‘‘$20,000’’ and inserting ‘‘$40,000, as adjusted by regulation,
in accordance with section 213(d)’’.
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PUBLIC LAW 112–141—JULY 6, 2012
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(b) REPLACEMENT HOUSING FOR HOMEOWNERS.—The first sentence of section 203(a)(1) of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4623(a)(1)) is amended—
(1) by striking ‘‘$22,500’’ and inserting ‘‘$31,000, as
adjusted by regulation, in accordance with 213(d),’’; and
(2) by striking ‘‘one hundred and eighty days prior to’’
and inserting ‘‘90 days before’’.
(c) REPLACEMENT HOUSING FOR TENANTS AND CERTAIN
OTHERS.—Section 204 of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4624)
is amended—
(1) in the second sentence of subsection (a) by striking
‘‘$5,250’’ and inserting ‘‘$7,200, as adjusted by regulation, in
accordance with section 213(d)’’; and
(2) in the second sentence of subsection (b) by striking
‘‘, except’’ and all that follows through the end of the subsection
and inserting a period.
(d) DUTIES OF LEAD AGENCY.—Section 213 of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act
of 1970 (42 U.S.C. 4633) is amended—
(1) in subsection (b)—
(A) in paragraph (2) by striking ‘‘and’’ at the end;
(B) in paragraph (3) by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(4) that each Federal agency that has programs or projects
requiring the acquisition of real property or causing a displacement from real property subject to the provisions of this Act
shall provide to the lead agency an annual summary report
the describes the activities conducted by the Federal agency.’’;
and
(2) by adding at the end the following:
‘‘(d) ADJUSTMENT OF PAYMENTS.—The head of the lead agency
may adjust, by regulation, the amounts of relocation payments
provided under sections 202(a)(4), 202(c), 203(a), and 204(a) if the
head of the lead agency determines that cost of living, inflation,
or other factors indicate that the payments should be adjusted
to meet the policy objectives of this Act.’’.
(e) AGENCY COORDINATION.—Title II of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 is
amended by inserting after section 213 (42 U.S.C. 4633) the following:
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42 USC 4634.
‘‘SEC. 214. AGENCY COORDINATION.
Deadline.
Memorandum.
‘‘(a) AGENCY CAPACITY.—Each Federal agency responsible for
funding or carrying out relocation and acquisition activities shall
have adequately trained personnel and such other resources as
are necessary to manage and oversee the relocation and acquisition
program of the Federal agency in accordance with this Act.
‘‘(b) INTERAGENCY AGREEMENTS.—Not later than 1 year after
the date of enactment of this section, each Federal agency responsible for funding relocation and acquisition activities (other than
the agency serving as the lead agency) shall enter into a memorandum of understanding with the lead agency that—
‘‘(1) provides for periodic training of the personnel of the
Federal agency, which in the case of a Federal agency that
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provides Federal financial assistance, may include personnel
of any displacing agency that receives Federal financial assistance;
‘‘(2) addresses ways in which the lead agency may provide
assistance and coordination to the Federal agency relating to
compliance with the Act on a program or project basis; and
‘‘(3) addresses the funding of the training, assistance, and
coordination activities provided by the lead agency, in accordance with subsection (c).
‘‘(c) INTERAGENCY PAYMENTS.—
‘‘(1) IN GENERAL.—For the fiscal year that begins 1 year
after the date of enactment of this section, and each fiscal
year thereafter, each Federal agency responsible for funding
relocation and acquisition activities (other than the agency
serving as the lead agency) shall transfer to the lead agency
for the fiscal year, such funds as are necessary, but not less
than $35,000, to support the training, assistance, and coordination activities of the lead agency described in subsection (b).
‘‘(2) INCLUDED COSTS.—The cost to a Federal agency of
providing the funds described in paragraph (1) shall be included
as part of the cost of 1 or more programs or projects undertaken
by the Federal agency or with Federal financial assistance
that result in the displacement of persons or the acquisition
of real property.’’.
(f) COOPERATION WITH FEDERAL AGENCIES.—Section 308 of title
23, United States Code, is amended by striking subsection (a)
and inserting the following:
‘‘(a) AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—The Secretary may perform, by contract
or otherwise, authorized engineering or other services in connection with the survey, construction, maintenance, or improvement of highways for other Federal agencies, cooperating foreign countries, and State cooperating agencies.
‘‘(2) INCLUSIONS.—Services authorized under paragraph (1)
may include activities authorized under section 214 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
‘‘(3) REIMBURSEMENT.—Reimbursement for services carried
out under this subsection (including depreciation on engineering
and road-building equipment) shall be credited to the applicable
appropriation.’’.
(g) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendments made by this section shall take effect on the
date of enactment of this Act.
(2) EXCEPTION.—The amendments made by subsections (a)
through (c) shall take effect 2 years after the date of enactment
of this Act.
23 USC 308 note.
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SEC. 1522. EXTENSION OF PUBLIC TRANSIT VEHICLE EXEMPTION
FROM AXLE WEIGHT RESTRICTIONS.
Section 1023(h) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law 102–240) is
amended—
(1) in the heading of paragraph (1) by striking ‘‘TEMPORARY
EXEMPTION’’ and inserting ‘‘EXEMPTION’’;
(2) in paragraph (1)—
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PUBLIC LAW 112–141—JULY 6, 2012
(A) in the matter preceding subparagraph (A) by
striking ‘‘, for the period beginning on October 6, 1992,
and ending on October 1, 2009,’’;
(B) in subparagraph (A) by striking ‘‘or’’ at the end;
(C) in subparagraph (B) by striking the period at the
end and inserting ‘‘; or’’; and
(D) by adding at the end the following:
‘‘(C) any motor home (as defined in section 571.3 of
title 49, Code of Federal Regulations (or successor regulation)).’’; and
(3) in paragraph (2)(A) by striking ‘‘For the period beginning on the date of enactment of this subparagraph and ending
on September 30, 2009, a’’ and inserting ‘‘A’’.
SEC. 1523. USE OF DEBRIS FROM DEMOLISHED BRIDGES AND OVERPASSES.
Section 1805(a) of the SAFETEA–LU (23 U.S.C. 144 note; 119
Stat. 1459) is amended by striking ‘‘highway bridge replacement
and rehabilitation program under section 144’’ and inserting
‘‘national highway performance program under section 119’’.
23 USC 206 note.
SEC. 1524. USE OF YOUTH SERVICE AND CONSERVATION CORPS.
Contracts.
(a) IN GENERAL.—The Secretary shall encourage the States
and regional transportation planning agencies to enter into contracts and cooperative agreements with qualified youth service or
conservation corps, as defined in sections 122(a)(2) of Public Law
101–610 (42 U.S.C. 12572(a)(2)) and 106(c)(3) of Public Law 103–
82 (42 U.S.C. 12656(c)(3)) to perform appropriate projects eligible
under sections 162, 206, 213, and 217 of title 23, United States
Code, and under section 1404 of the SAFETEA–LU (119 Stat.
1228).
(b) REQUIREMENTS.—Under any contract or cooperative agreement entered into with a qualified youth service or conservation
corps under this section, the Secretary shall—
(1) set the amount of a living allowance or rate of pay
for each participant in such corps at—
(A) such amount or rate as required under State law
in a State with such requirements; or
(B) for corps in States not described in subparagraph
(A), at such amount or rate as determined by the Secretary,
not to exceed the maximum living allowance authorized
by section 140 of Public Law 101–610 (42 U.S.C. 12594);
and
(2) not subject such corps to the requirements of section
112 of title 23, United States Code.
Deadline.
SEC. 1525. STATE AUTONOMY FOR CULVERT PIPE SELECTION.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall modify section 635.411 of title 23, Code
of Federal Regulations (as in effect on the date of enactment of
this Act), to ensure that States shall have the autonomy to determine culvert and storm sewer material types to be included in
the construction of a project on a Federal-aid highway.
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23 USC 104 note.
SEC. 1526. EVACUATION ROUTES.
Each State shall give adequate consideration to the needs of
evacuation routes in the State, including such routes serving or
adjacent to facilities operated by the Armed Forces, when allocating
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funds apportioned to the State under title 23, United States Code,
for the construction of Federal-aid highways.
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SEC. 1527. CONSOLIDATION OF GRANTS.
23 USC 106 note.
(a) DEFINITIONS.—In this section, the term ‘‘recipient’’ means—
(1) a State, local, or tribal government, including—
(A) a territory of the United States;
(B) a transit agency;
(C) a port authority;
(D) a metropolitan planning organization; or
(E) any other political subdivision of a State or local
government;
(2) a multistate or multijurisdictional group, if each
member of the group is an entity described in paragraph (1);
and
(3) a public-private partnership, if both parties are engaged
in building the project.
(b) CONSOLIDATION.—
(1) IN GENERAL.—A recipient that receives multiple grant
awards from the Department to support 1 multimodal project
may request that the Secretary designate 1 modal administration in the Department to be the lead administering authority
for the overall project.
(2) NEW STARTS.—Any project that includes funds awarded
under section 5309 of title 49, United States Code, shall be
exempt from consolidation under this section unless the grant
recipient requests the Federal Transit Administration to be
the lead administering authority.
(3) REVIEW.—
(A) IN GENERAL.—Not later than 30 days after the
date on which a request under paragraph (1) is made,
the Secretary shall review the request and approve or
deny the designation of a single modal administration as
the lead administering authority and point of contact for
the Department.
(B) NOTIFICATION.—
(i) IN GENERAL.—The Secretary shall notify the
requestor of the decision of the Secretary under
subparagraph (A) in such form and at such time as
the Secretary and the requestor agree.
(ii) DENIAL.—If a request is denied, the Secretary
shall provide the requestor with a detailed explanation
of the reasoning of the Secretary with the notification
under clause (i).
(c) DUTIES.—
(1) IN GENERAL.—A modal administration designated as
a lead administering authority under this section shall—
(A) be responsible for leading and coordinating the
integrated project management team, which shall consist
of all of the other modal administrations in the Department
relating to the multimodal project; and
(B) to the extent feasible during the first 30 days
of carrying out the multimodal project, identify overlapping
or duplicative regulatory requirements that exist for the
project and propose a single, streamlined approach to
meeting all of the applicable regulatory requirements
through the activities described in subsection (d).
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(2) ADMINISTRATION.—
(A) IN GENERAL.—The Secretary shall transfer all
amounts that have been awarded for the multimodal project
to the modal administration designated as the lead administering authority.
(B) OPTION.—
(i) IN GENERAL.—Participation under this section
shall be optional for recipients, and no recipient shall
be required to participate.
(ii) SECRETARIAL DUTIES.—The Secretary is not
required to identify every recipient that may be eligible
to participate under this section.
(d) COOPERATION.—
(1) IN GENERAL.—The Secretary and modal administrations
with relevant jurisdiction over a multimodal project should
cooperate on project review and delivery activities at the earliest practicable time.
(2) PURPOSES.—The purposes of the cooperation under
paragraph (1) are—
(A) to avoid delays and duplication of effort later in
the process;
(B) to prevent potential conflicts; and
(C) to ensure that planning and project development
decisions are made in a streamlined manner and consistent
with applicable law.
(e) APPLICABILITY.—Nothing in this section shall—
(1) supersede, amend, or modify the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any
other Federal environmental law; or
(2) affect the responsibility of any Federal officer to comply
with or enforce any law described in paragraph (1).
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40 USC 14501
note.
Deadline.
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SEC. 1528. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) SENSE OF THE SENATE.—It is the Sense of the Senate
that the timely completion of the Appalachian development highway
system is a transportation priority in the national interest.
(b) MODIFIED FEDERAL SHARE FOR PROJECTS ON ADHS.—For
fiscal years 2012 through 2021, the Federal share payable for the
cost of constructing highways and access roads on the Appalachian
development highway system under section 14501 of title 40, United
States Code, with funds made available to a State for fiscal year
2012 or a previous fiscal year for the Appalachian development
highway system program, or with funds made available for fiscal
year 2012 or a previous fiscal year for a specific project, route,
or corridor on that system, shall be 100 percent.
(c) FEDERAL SHARE FOR OTHER FUNDS USED ON ADHS.—For
fiscal years 2012 through 2021, the Federal share payable for the
cost of constructing highways and access roads on the Appalachian
development highway system under section 14501 of title 40, United
States Code, with Federal funds apportioned to a State for a program other than the Appalachian development highway system
program shall be 100 percent.
(d) COMPLETION PLAN.—
(1) IN GENERAL.—Subject to paragraph (2), not later than
1 year after the date of enactment of the MAP–21, each State
represented on the Appalachian Regional Commission shall
establish a plan for the completion of the designated corridors
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of the Appalachian development highway system within the
State, including annual performance targets, with a target
completion date.
(2) SIGNIFICANT UNCOMPLETED MILES.—If the percentage
of remaining Appalachian development highway system needs
for a State, according to the latest cost to complete estimate
for the Appalachian development highway system, is greater
than 15 percent of the total cost to complete estimate for
the entire Appalachian development highway system, the State
shall not establish a plan under paragraph (1) that would
result in a reduction of obligated funds for the Appalachian
development highway system within the State for any subsequent fiscal year.
SEC. 1529. ENGINEERING JUDGMENT.
Not later than 90 days after the date of enactment of this
Act, the Secretary shall issue guidance to State transportation
departments clarifying that the standards, guidance, and options
for design and application of traffic control devices provided in
the Manual on Uniform Traffic Control Devices should not be
considered a substitute for engineering judgment.
Deadline.
Guidance.
23 USC 109 note.
SEC. 1530. TRANSPORTATION TRAINING AND EMPLOYMENT PROGRAMS.
To encourage the development of careers in the transportation
field, the Secretary of Education and the Secretary of Labor are
encouraged to use funds for training and employment education
programs—
(1) to develop programs for transportation-related careers
and trades; and
(2) to work with the Secretary to carry out programs developed under paragraph (1).
SEC. 1531. NOTICE OF CERTAIN GRANT AWARDS.
(a) DEFINITION OF COVERED GRANT AWARD.—In this section,
the term ‘‘covered grant award’’ means a grant award—
(1) made—
(A) by the Department; and
(B) with funds made available under this Act; and
(2) in an amount equal to or greater than $500,000.
(b) NOTICE.—Except to the extent otherwise expressly provided
in another provision of law, at least 3 business days before a
covered grant award is announced, the Secretary shall provide
to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate written notice of the covered grant award.
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SEC. 1532. BUDGET JUSTIFICATION.
Deadline.
49 USC 301 note.
The Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a budget
justification for each agency of the Department concurrently with
the annual budget submission of the President to Congress under
section 1105(a) of title 31, United States Code.
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PUBLIC LAW 112–141—JULY 6, 2012
SEC. 1533. PROHIBITION ON USE OF FUNDS FOR AUTOMATED TRAFFIC
ENFORCEMENT.
(a) DEFINITION OF AUTOMATED TRAFFIC ENFORCEMENT
SYSTEM.—In this section, the term ‘‘automated traffic enforcement
system’’ means any camera that captures an image of a vehicle
for the purposes of traffic law enforcement.
(b) USE OF FUNDS.—Except as provided in subsection (c), for
fiscal years 2013 and 2014, funds apportioned to a State under
section 104(b)(3) of title 23, United States Code, may not be used
for any program to purchase, operate, or maintain an automated
traffic enforcement system.
(c) EXCEPTION.—Subsection (b) shall not apply to automated
traffic enforcement systems used to improve safety in school zones.
49 USC 301 note.
SEC. 1534. PUBLIC-PRIVATE PARTNERSHIPS.
Compilation.
Public
information.
Web posting.
(a) BEST PRACTICES.—The Secretary shall compile, and make
available to the public on the website of the Department, best
practices on how States, public transportation agencies, and other
public officials can work with the private sector in the development,
financing, construction, and operation of transportation facilities.
(b) CONTENTS.—The best practices compiled under subsection
(a) shall include polices and techniques to ensure that the interests
of the traveling public and State and local governments are protected in any agreement entered into with the private sector for
the development, financing, construction, and operation of transportation facilities.
(c) TECHNICAL ASSISTANCE.—The Secretary, on request, may
provide technical assistance to States, public transportation agencies, and other public officials regarding proposed public-private
partnership agreements for the development, financing, construction, and operation of transportation facilities, including assistance
in analyzing whether the use of a public-private partnership agreement would provide value compared with traditional public delivery
methods.
(d) STANDARD TRANSACTION CONTRACTS.—
(1) DEVELOPMENT.—Not later than 18 months after the
date of enactment of this Act, the Secretary shall develop
standard public-private partnership transaction model contracts
for the most popular types of public-private partnerships for
the development, financing, construction, and operation of
transportation facilities.
(2) USE.—The Secretary shall encourage States, public
transportation agencies, and other public officials to use the
model contracts as a base template when developing their own
public-private partnership agreements for the development,
financing, construction, and operation of transportation facilities.
Deadline.
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23 USC 101 note.
Time period.
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SEC. 1535. REPORT ON HIGHWAY TRUST FUND EXPENDITURES.
(a) INITIAL REPORT.—Not later than 150 days after the date
of enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report describing the activities
funded from the Highway Trust Fund during each of fiscal years
2009 through 2011, including for purposes other than construction
and maintenance of highways and bridges.
(b) UPDATES.—Not later than 5 years after the date on which
the report is submitted under subsection (a) and every 5 years
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thereafter, the Comptroller General of the United States shall
submit to Congress a report that updates the information provided
in the report under that subsection for the applicable 5-year period.
(c) INCLUSIONS.—A report submitted under subsection (a) or
(b) shall include information similar to the information included
in the report of the Government Accountability Office numbered
‘‘GAO–09–729R’’ and entitled ‘‘Highway Trust Fund Expenditures
on Purposes Other Than Construction and Maintenance of Highways and Bridges During Fiscal Years 2004–2008’’.
SEC. 1536. SENSE OF CONGRESS ON HARBOR MAINTENANCE.
(a) FINDINGS.—Congress finds that—
(1) there are 926 coastal, Great Lakes, and inland harbors
maintained by the Corps of Engineers;
(2) according to the Bureau of Transportation Statistics—
(A) in 2009, the ports and waterways of the United
States handled more than 2,200,000,000 short tons of
imports, exports, and domestic shipments; and
(B) in 2010, United States ports were responsible for
more than $1,400,000,000,000 in waterborne imports and
exports;
(3) according to the Congressional Research Service, full
channel dimensions are, on average, available approximately
1⁄3 of the time at the 59 harbors of the United States with
the highest use rates;
(4) in 1986, Congress created the Harbor Maintenance
Trust Fund to provide funds for the operation and maintenance
of the navigation channels of the United States;
(5) in fiscal year 2012, the Harbor Maintenance Trust
Fund is expected to grow from $6,280,000,000 to
$7,011,000,000, an increase of approximately 13 percent;
(6) despite growth of the Harbor Maintenance Trust Fund,
expenditures from the Harbor Maintenance Trust Fund have
not been sufficiently spent; and
(7) inadequate investment in dredging needs is restricting
access to the ports of the United States for domestic shipping,
imports, and exports and therefore threatening the economic
competitiveness of the United States.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Administration should request full use of the Harbor
Maintenance Trust Fund for operating and maintaining the
navigation channels of the United States;
(2) the amounts in the Harbor Maintenance Trust Fund
should be fully expended to operate and maintain the navigation channels of the United States; and
(3) Congress should ensure that other programs, projects,
and activities of the Civil Works Program of the Corps of
Engineers, especially those programs, projects, and activities
relating to inland navigation and flood control, are not adversely
impacted.
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SEC. 1537. ESTIMATE OF HARBOR MAINTENANCE NEEDS.
33 USC 2238a.
For fiscal year 2014 and each fiscal year thereafter, the President’s budget request submitted pursuant to section 1105 of title
31, United States Code, shall include—
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PUBLIC LAW 112–141—JULY 6, 2012
(1) an estimate of the nationwide average availability,
expressed as a percentage, of the authorized depth and authorized width of all navigation channels authorized to be maintained using appropriations from the Harbor Maintenance
Trust Fund that would result from harbor maintenance activities to be funded by the budget request; and
(2) an estimate of the average annual amount of appropriations from the Harbor Maintenance Trust Fund that would
be required to increase that average availability to 95 percent
over a 3-year period.
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SEC. 1538. ASIAN CARP.
(a) DEFINITIONS.—In this section:
(1) HYDROLOGICAL SEPARATION.—The term ‘‘hydrological
separation’’ means a physical separation on the Chicago Area
Waterway System that—
(A) would disconnect the Mississippi River watershed
from the Lake Michigan watershed; and
(B) shall be designed to be adequate in scope to prevent
the transfer of all aquatic species between each of those
bodies of water.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Army, acting through the Chief of Engineers.
(b) EXPEDITED STUDY AND REPORT.—
(1) IN GENERAL.—The Secretary shall—
(A) expedite completion of the report for the study
authorized by section 3061(d) of the Water Resources
Development Act of 2007 (Public Law 110–114; 121 Stat.
1121); and
(B) if the Secretary determines a project is justified
in the completed report, proceed directly to project
preconstruction engineering and design.
(2) FOCUS.—In expediting the completion of the study and
report under paragraph (1), the Secretary shall focus on—
(A) the prevention of the spread of aquatic nuisance
species between the Great Lakes and Mississippi River
Basins, such as through the permanent hydrological separation of the Great Lakes and Mississippi River Basins;
and
(B) the watersheds of the following rivers and tributaries associated with the Chicago Area Waterway System:
(i) The Illinois River, at and in the vicinity of
Chicago, Illinois.
(ii) The Chicago River, Calumet River, North Shore
Channel, Chicago Sanitary and Ship Canal, and CalSag Channel in the State of Illinois.
(iii) The Grand Calumet River and Little Calumet
River in the States of Illinois and Indiana.
(3) EFFICIENT USE OF FUNDS.—The Secretary shall ensure
the efficient use of funds to maximize the timely completion
of the study and report under paragraph (1).
(4) DEADLINE.—The Secretary shall complete the report
under paragraph (1) by not later than 18 months after the
date of enactment of this Act.
(5) INTERIM REPORT.—Not later than 90 days after the
date of enactment of this Act, the Secretary shall submit to
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the Committees on Appropriations of the House of Representatives and Senate, the Committee on Environment and Public
Works of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives a report
describing—
(A) interim milestones that will be met prior to final
completion of the study and report under paragraph (1);
and
(B) funding necessary for completion of the study and
report under paragraph (1), including funding necessary
for completion of each interim milestone identified under
subparagraph (A).
SEC. 1539. REST AREAS.
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(a) AGREEMENTS RELATING TO USE OF AND ACCESS TO
OF-WAY—INTERSTATE SYSTEM.—Section 111 of title 23,
RIGHTSUnited
States Code, is amended—
(1) in subsection (a) in the second sentence by striking
the period and inserting ‘‘and will not change the boundary
of any right-of-way on the Interstate System to accommodate
construction of, or afford access to, an automotive service station
or other commercial establishment.’’;
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
‘‘(b) REST AREAS.—
‘‘(1) IN GENERAL.—Notwithstanding subsection (a), the Secretary shall permit a State to acquire, construct, operate, and
maintain a rest area along a highway on the Interstate System
in such State.
‘‘(2) LIMITED ACTIVITIES.—The Secretary shall permit limited commercial activities within a rest area under paragraph
(1), if the activities are available only to customers using the
rest area and are limited to—
‘‘(A) commercial advertising and media displays if such
advertising and displays are—
‘‘(i) exhibited solely within any facility constructed
in the rest area; and
‘‘(ii) not legible from the main traveled way;
‘‘(B) items designed to promote tourism in the State,
limited to books, DVDs, and other media;
‘‘(C) tickets for events or attractions in the State of
a historical or tourism-related nature;
‘‘(D) travel-related information, including maps, travel
booklets, and hotel coupon booklets; and
‘‘(E) lottery machines, provided that the priority
afforded to blind vendors under subsection (c) applies to
this subparagraph.
‘‘(3) PRIVATE OPERATORS.—A State may permit a private
party to operate such commercial activities.
‘‘(4) LIMITATION ON USE OF REVENUES.—A State shall use
any revenues received from the commercial activities in a rest
area under this section to cover the costs of acquiring, constructing, operating, and maintaining rest areas in the State.’’.
(b) CONTROL OF OUTDOOR ADVERTISING.—Section 131(i) of title
23, United States Code, is amended by adding at the end the
following:
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‘‘A State may permit the installation of signs that acknowledge
the sponsorship of rest areas within such rest areas or along the
main traveled way of the system, provided that such signs shall
not affect the safe and efficient utilization of the Interstate System
and the primary system. The Secretary shall establish criteria
for the installation of such signs on the main traveled way, including
criteria pertaining to the placement of rest area sponsorship
acknowledgment signs in relation to the placement of advance guide
signs for rest areas.’’.
Criteria.
Resources and
Ecosystems
Sustainability,
Tourist
Opportunities,
and Revived
Economies of the
Gulf Coast States
Act of 2012.
33 USC 1321
note.
33 USC 1321
note.
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Deadline.
Procedures.
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PUBLIC LAW 112–141—JULY 6, 2012
Subtitle F—Gulf Coast Restoration
SEC. 1601. SHORT TITLE.
This subtitle may be cited as the ‘‘Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived Economies of
the Gulf Coast States Act of 2012’’.
SEC. 1602. GULF COAST RESTORATION TRUST FUND.
(a) ESTABLISHMENT.—There is established in the Treasury of
the United States a trust fund to be known as the ‘‘Gulf Coast
Restoration Trust Fund’’ (referred to in this section as the ‘‘Trust
Fund’’), consisting of such amounts as are deposited in the Trust
Fund under this Act or any other provision of law.
(b) TRANSFERS.—The Secretary of the Treasury shall deposit
in the Trust Fund an amount equal to 80 percent of all administrative and civil penalties paid by responsible parties after the date
of enactment of this Act in connection with the explosion on, and
sinking of, the mobile offshore drilling unit Deepwater Horizon
pursuant to a court order, negotiated settlement, or other
instrument in accordance with section 311 of the Federal Water
Pollution Control Act (33 U.S.C. 1321).
(c) EXPENDITURES.—Amounts in the Trust Fund, including
interest earned on advances to the Trust Fund and proceeds from
investment under subsection (d), shall—
(1) be available for expenditure, without further appropriation, solely for the purpose and eligible activities of this subtitle
and the amendments made by this subtitle; and
(2) remain available until expended, without fiscal year
limitation.
(d) INVESTMENT.—Amounts in the Trust Fund shall be invested
in accordance with section 9702 of title 31, United States Code,
and any interest on, and proceeds from, any such investment shall
be available for expenditure in accordance with this subtitle and
the amendments made by this subtitle.
(e) ADMINISTRATION.—Not later than 180 days after the date
of enactment of this Act, after providing notice and an opportunity
for public comment, the Secretary of the Treasury, in consultation
with the Secretary of the Interior and the Secretary of Commerce,
shall establish such procedures as the Secretary determines to
be necessary to deposit amounts in, and expend amounts from,
the Trust Fund pursuant to this subtitle, including—
(1) procedures to assess whether the programs and activities carried out under this subtitle and the amendments made
by this subtitle achieve compliance with applicable requirements, including procedures by which the Secretary of the
Treasury may determine whether an expenditure by a Gulf
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Coast State or coastal political subdivision (as those terms
are defined in section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321)) pursuant to such a program or
activity achieves compliance;
(2) auditing requirements to ensure that amounts in the
Trust Fund are expended as intended; and
(3) procedures for identification and allocation of funds
available to the Secretary under other provisions of law that
may be necessary to pay the administrative expenses directly
attributable to the management of the Trust Fund.
(f) SUNSET.—The authority for the Trust Fund shall terminate
on the date all funds in the Trust Fund have been expended.
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SEC. 1603. GULF COAST NATURAL RESOURCES RESTORATION AND
ECONOMIC RECOVERY.
Section 311 of the Federal Water Pollution Control Act (33
U.S.C. 1321) is amended—
(1) in subsection (a)—
(A) in paragraph (25)(B), by striking ‘‘and’’ at the end;
(B) in paragraph (26)(D), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(27) the term ‘best available science’ means science that—
‘‘(A) maximizes the quality, objectivity, and integrity
of information, including statistical information;
‘‘(B) uses peer-reviewed and publicly available data;
and
‘‘(C) clearly documents and communicates risks and
uncertainties in the scientific basis for such projects;
‘‘(28) the term ‘Chairperson’ means the Chairperson of the
Council;
‘‘(29) the term ‘coastal political subdivision’ means any
local political jurisdiction that is immediately below the State
level of government, including a county, parish, or borough,
with a coastline that is contiguous with any portion of the
United States Gulf of Mexico;
‘‘(30) the term ‘Comprehensive Plan’ means the comprehensive plan developed by the Council pursuant to subsection
(t);
‘‘(31) the term ‘Council’ means the Gulf Coast Ecosystem
Restoration Council established pursuant to subsection (t);
‘‘(32) the term ‘Deepwater Horizon oil spill’ means the
blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting
hydrocarbon releases into the environment;
‘‘(33) the term ‘Gulf Coast region’ means—
‘‘(A) in the Gulf Coast States, the coastal zones (as
that term is defined in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453)), except that,
in this section, the term ‘coastal zones’ includes land within
the coastal zones that is held in trust by, or the use
of which is by law subject solely to the discretion of, the
Federal Government or officers or agents of the Federal
Government)) that border the Gulf of Mexico;
‘‘(B) any adjacent land, water, and watersheds, that
are within 25 miles of the coastal zones described in
subparagraph (A) of the Gulf Coast States; and
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note.
Definitions.
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126 STAT. 590
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(C) all Federal waters in the Gulf of Mexico;
‘‘(34) the term ‘Gulf Coast State’ means any of the States
of Alabama, Florida, Louisiana, Mississippi, and Texas; and
‘‘(35) the term ‘Trust Fund’ means the Gulf Coast Restoration Trust Fund established pursuant to section 1602 of the
Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of
2012.’’;
(2) in subsection (s), by inserting ‘‘except as provided in
subsection (t)’’ before the period at the end; and
(3) by adding at the end the following:
‘‘(t) GULF COAST RESTORATION AND RECOVERY.—
‘‘(1) STATE ALLOCATION AND EXPENDITURES.—
‘‘(A) IN GENERAL.—Of the total amounts made available
in any fiscal year from the Trust Fund, 35 percent shall
be available, in accordance with the requirements of this
section, to the Gulf Coast States in equal shares for
expenditure for ecological and economic restoration of the
Gulf Coast region in accordance with this subsection.
‘‘(B) USE OF FUNDS.—
‘‘(i) ELIGIBLE ACTIVITIES IN THE GULF COAST
REGION.—Subject to clause (iii), amounts provided to
the Gulf Coast States under this subsection may only
be used to carry out 1 or more of the following activities
in the Gulf Coast region:
‘‘(I) Restoration and protection of the natural
resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the
Gulf Coast region.
‘‘(II) Mitigation of damage to fish, wildlife, and
natural resources.
‘‘(III) Implementation of a federally approved
marine, coastal, or comprehensive conservation
management plan, including fisheries monitoring.
‘‘(IV) Workforce development and job creation.
‘‘(V) Improvements to or on State parks located
in coastal areas affected by the Deepwater Horizon
oil spill.
‘‘(VI) Infrastructure projects benefitting the
economy or ecological resources, including port
infrastructure.
‘‘(VII) Coastal flood protection and related
infrastructure.
‘‘(VIII) Planning assistance.
‘‘(IX) Administrative costs of complying with
this subsection.
‘‘(ii) ACTIVITIES TO PROMOTE TOURISM AND SEAFOOD
IN THE GULF COAST REGION.—Amounts provided to the
Gulf Coast States under this subsection may be used
to carry out 1 or more of the following activities:
‘‘(I) Promotion of tourism in the Gulf Coast
Region, including recreational fishing.
‘‘(II) Promotion of the consumption of seafood
harvested from the Gulf Coast Region.
‘‘(iii) LIMITATION.—
‘‘(I) IN GENERAL.—Of the amounts received by
a Gulf Coast State under this subsection, not more
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 591
than 3 percent may be used for administrative
costs eligible under clause (i)(IX).
‘‘(II) CLAIMS FOR COMPENSATION.—Activities
funded under this subsection may not be included
in any claim for compensation paid out by the
Oil Spill Liability Trust Fund after the date of
enactment of this subsection.
‘‘(C) COASTAL POLITICAL SUBDIVISIONS.—
‘‘(i) DISTRIBUTION.—In the case of a State where
the coastal zone includes the entire State—
‘‘(I) 75 percent of funding shall be provided
directly to the 8 disproportionately affected counties impacted by the Deepwater Horizon oil spill;
and
‘‘(II) 25 percent shall be provided directly to
nondisproportionately impacted counties within
the State.
‘‘(ii) NONDISPROPORTIONATELY IMPACTED COUNTIES.—The total amounts made available to coastal
political subdivisions in the State of Florida under
clause (i)(II) shall be distributed according to the following weighted formula:
‘‘(I) 34 percent based on the weighted average
of the population of the county.
‘‘(II) 33 percent based on the weighted average
of the county per capita sales tax collections estimated for fiscal year 2012.
‘‘(III) 33 percent based on the inverse proportion of the weighted average distance from the
Deepwater Horizon oil rig to each of the nearest
and farthest points of the shoreline.
‘‘(D) LOUISIANA.—
‘‘(i) IN GENERAL.—Of the total amounts made available to the State of Louisiana under this paragraph:
‘‘(I) 70 percent shall be provided directly to
the State in accordance with this subsection.
‘‘(II) 30 percent shall be provided directly to
parishes in the coastal zone (as defined in section
304 of the Coastal Zone Management Act of 1972
(16 U.S.C. 1453)) of the State of Louisiana
according to the following weighted formula:
‘‘(aa) 40 percent based on the weighted
average of miles of the parish shoreline oiled.
‘‘(bb) 40 percent based on the weighted
average of the population of the parish.
‘‘(cc) 20 percent based on the weighted
average of the land mass of the parish.
‘‘(ii) CONDITIONS.—
‘‘(I) LAND USE PLAN.—As a condition of
receiving amounts allocated under this paragraph,
the chief executive of the eligible parish shall certify to the Governor of the State that the parish
has completed a comprehensive land use plan.
‘‘(II) OTHER CONDITIONS.—A coastal political
subdivision receiving funding under this paragraph
shall meet all of the conditions in subparagraph
(E).
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‘‘(E) CONDITIONS.—As a condition of receiving amounts
from the Trust Fund, a Gulf Coast State, including the
entities described in subparagraph (F), or a coastal political
subdivision shall—
‘‘(i) agree to meet such conditions, including audit
requirements, as the Secretary of the Treasury determines necessary to ensure that amounts disbursed
from the Trust Fund will be used in accordance with
this subsection;
‘‘(ii) certify in such form and in such manner as
the Secretary of the Treasury determines necessary
that the project or program for which the Gulf Coast
State or coastal political subdivision is requesting
amounts—
‘‘(I) is designed to restore and protect the natural resources, ecosystems, fisheries, marine and
wildlife habitats, beaches, coastal wetlands, or
economy of the Gulf Coast;
‘‘(II) carries out 1 or more of the activities
described in clauses (i) and (ii) of subparagraph
(B);
‘‘(III) was selected based on meaningful input
from the public, including broad-based participation from individuals, businesses, and nonprofit
organizations; and
‘‘(IV) in the case of a natural resource protection or restoration project, is based on the best
available science;
‘‘(iii) certify that the project or program and the
awarding of a contract for the expenditure of amounts
received under this paragraph are consistent with the
standard procurement rules and regulations governing
a comparable project or program in that State,
including all applicable competitive bidding and audit
requirements; and
‘‘(iv) develop and submit a multiyear implementation plan for the use of such amounts, which may
include milestones, projected completion of each
activity, and a mechanism to evaluate the success of
each activity in helping to restore and protect the
Gulf Coast region impacted by the Deepwater Horizon
oil spill.
‘‘(F) APPROVAL BY STATE ENTITY, TASK FORCE, OR
AGENCY.—The following Gulf Coast State entities, task
forces, or agencies shall carry out the duties of a Gulf
Coast State pursuant to this paragraph:
‘‘(i) ALABAMA.—
‘‘(I) IN GENERAL.—In the State of Alabama,
the Alabama Gulf Coast Recovery Council, which
shall be comprised of only the following:
‘‘(aa) The Governor of Alabama, who shall
also serve as Chairperson and preside over
the meetings of the Alabama Gulf Coast
Recovery Council.
‘‘(bb) The Director of the Alabama State
Port Authority, who shall also serve as Vice
Chairperson and preside over the meetings
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 593
of the Alabama Gulf Coast Recovery Council
in the absence of the Chairperson.
‘‘(cc) The Chairman of the Baldwin County
Commission.
‘‘(dd) The President of the Mobile County
Commission.
‘‘(ee) The Mayor of the city of Bayou La
Batre.
‘‘(ff) The Mayor of the town of Dauphin
Island.
‘‘(gg) The Mayor of the city of Fairhope.
‘‘(hh) The Mayor of the city of Gulf Shores.
‘‘(ii) The Mayor of the city of Mobile.
‘‘(jj) The Mayor of the city of Orange
Beach.
‘‘(II) VOTE.—Each member of the Alabama
Gulf Coast Recovery Council shall be entitled to
1 vote.
‘‘(III) MAJORITY VOTE.—All decisions of the
Alabama Gulf Coast Recovery Council shall be
made by majority vote.
‘‘(IV)
LIMITATION
ON
ADMINISTRATIVE
EXPENSES.—Administrative duties for the Alabama
Gulf Coast Recovery Council may only be performed by public officials and employees that are
subject to the ethics laws of the State of Alabama.
‘‘(ii) LOUISIANA.—In the State of Louisiana, the
Coastal Protection and Restoration Authority of Louisiana.
‘‘(iii) MISSISSIPPI.—In the State of Mississippi, the
Mississippi Department of Environmental Quality.
‘‘(iv) TEXAS.—In the State of Texas, the Office of
the Governor or an appointee of the Office of the Governor.
‘‘(G) COMPLIANCE WITH ELIGIBLE ACTIVITIES.—If the
Secretary of the Treasury determines that an expenditure
by a Gulf Coast State or coastal political subdivision of
amounts made available under this subsection does not
meet one of the activities described in clauses (i) and (ii)
of subparagraph (B), the Secretary shall make no additional
amounts from the Trust Fund available to that Gulf Coast
State or coastal political subdivision until such time as
an amount equal to the amount expended for the unauthorized use—
‘‘(i) has been deposited by the Gulf Coast State
or coastal political subdivision in the Trust Fund; or
‘‘(ii) has been authorized by the Secretary of the
Treasury for expenditure by the Gulf Coast State or
coastal political subdivision for a project or program
that meets the requirements of this subsection.
‘‘(H) COMPLIANCE WITH CONDITIONS.—If the Secretary
of the Treasury determines that a Gulf Coast State or
coastal political subdivision does not meet the requirements
of this paragraph, including the conditions of subparagraph
(E), where applicable, the Secretary of the Treasury shall
make no amounts from the Trust Fund available to that
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Gulf Coast State or coastal political subdivision until all
conditions of this paragraph are met.
‘‘(I) PUBLIC INPUT.—In meeting any condition of this
paragraph, a Gulf Coast State may use an appropriate
procedure for public consultation in that Gulf Coast State,
including consulting with one or more established task
forces or other entities, to develop recommendations for
proposed projects and programs that would restore and
protect the natural resources, ecosystems, fisheries, marine
and wildlife habitats, beaches, coastal wetlands, and
economy of the Gulf Coast.
‘‘(J) PREVIOUSLY APPROVED PROJECTS AND PROGRAMS.—
A Gulf Coast State or coastal political subdivision shall
be considered to have met the conditions of subparagraph
(E) for a specific project or program if, before the date
of enactment of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of
the Gulf Coast States Act of 2012—
‘‘(i) the Gulf Coast State or coastal political subdivision has established conditions for carrying out
projects and programs that are substantively the same
as the conditions described in subparagraph (E); and
‘‘(ii) the applicable project or program carries out
1 or more of the activities described in clauses (i)
and (ii) of subparagraph (B).
‘‘(K) LOCAL PREFERENCE.—In awarding contracts to
carry out a project or program under this paragraph, a
Gulf Coast State or coastal political subdivision may give
a preference to individuals and companies that reside in,
are headquartered in, or are principally engaged in business in the State of project execution.
‘‘(L) UNUSED FUNDS.—Funds allocated to a State or
coastal political subdivision under this paragraph shall
remain in the Trust Fund until such time as the State
or coastal political subdivision develops and submits a plan
identifying uses for those funds in accordance with subparagraph (E)(iv).
‘‘(M) JUDICIAL REVIEW.—If the Secretary of the
Treasury determines that a Gulf Coast State or coastal
political subdivision does not meet the requirements of
this paragraph, including the conditions of subparagraph
(E), the Gulf Coast State or coastal political subdivision
may obtain expedited judicial review within 90 days after
that decision in a district court of the United States, of
appropriate jurisdiction and venue, that is located within
the State seeking the review.
‘‘(N) COST-SHARING.—
‘‘(i) IN GENERAL.—A Gulf Coast State or coastal
political subdivision may use, in whole or in part,
amounts made available under this paragraph to that
Gulf Coast State or coastal political subdivision to satisfy the non-Federal share of the cost of any project
or program authorized by Federal law that is an
eligible activity described in clauses (i) and (ii) of
subparagraph (B).
‘‘(ii) EFFECT ON OTHER FUNDS.—The use of funds
made available from the Trust Fund to satisfy the
Contracts.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 595
non-Federal share of the cost of a project or program
that meets the requirements of clause (i) shall not
affect the priority in which other Federal funds are
allocated or awarded.
‘‘(2) COUNCIL ESTABLISHMENT AND ALLOCATION.—
‘‘(A) IN GENERAL.—Of the total amount made available
in any fiscal year from the Trust Fund, 30 percent shall
be disbursed to the Council to carry out the Comprehensive
Plan.
‘‘(B) COUNCIL EXPENDITURES.—
‘‘(i) IN GENERAL.—In accordance with this paragraph, the Council shall expend funds made available
from the Trust Fund to undertake projects and programs, using the best available science, that would
restore and protect the natural resources, ecosystems,
fisheries, marine and wildlife habitats, beaches, coastal
wetlands, and economy of the Gulf Coast.
‘‘(ii) ALLOCATION AND EXPENDITURE PROCEDURES.—
The Secretary of the Treasury shall develop such conditions, including audit requirements, as the Secretary
of the Treasury determines necessary to ensure that
amounts disbursed from the Trust Fund to the Council
to implement the Comprehensive Plan will be used
in accordance with this paragraph.
‘‘(iii) ADMINISTRATIVE EXPENSES.—Of the amounts
received by the Council under this paragraph, not more
than 3 percent may be used for administrative
expenses, including staff.
‘‘(C) GULF COAST ECOSYSTEM RESTORATION COUNCIL.—
‘‘(i) ESTABLISHMENT.—There is established as an
independent entity in the Federal Government a
council to be known as the ‘Gulf Coast Ecosystem
Restoration Council’.
‘‘(ii) MEMBERSHIP.—The Council shall consist of
the following members, or in the case of a Federal
agency, a designee at the level of the Assistant Secretary or the equivalent:
‘‘(I) The Secretary of the Interior.
‘‘(II) The Secretary of the Army.
‘‘(III) The Secretary of Commerce.
‘‘(IV) The Administrator of the Environmental
Protection Agency.
‘‘(V) The Secretary of Agriculture.
‘‘(VI) The head of the department in which
the Coast Guard is operating.
‘‘(VII) The Governor of the State of Alabama.
‘‘(VIII) The Governor of the State of Florida.
‘‘(IX) The Governor of the State of Louisiana.
‘‘(X) The Governor of the State of Mississippi.
‘‘(XI) The Governor of the State of Texas.
‘‘(iii) ALTERNATE.—A Governor appointed to the
Council by the President may designate an alternate
to represent the Governor on the Council and vote
on behalf of the Governor.
‘‘(iv) CHAIRPERSON.—From among the Federal
agency members of the Council, the representatives
of States on the Council shall select, and the President
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President.
Appointment.
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126 STAT. 596
PUBLIC LAW 112–141—JULY 6, 2012
shall appoint, 1 Federal member to serve as Chairperson of the Council.
‘‘(v) PRESIDENTIAL APPOINTMENT.—All Council
members shall be appointed by the President.
‘‘(vi) COUNCIL ACTIONS.—
‘‘(I) IN GENERAL.—The following actions by the
Council shall require the affirmative vote of the
Chairperson and a majority of the State members
to be effective:
‘‘(aa) Approval of a Comprehensive Plan
and future revisions to a Comprehensive Plan.
‘‘(bb) Approval of State plans pursuant to
paragraph (3)(B)(iv).
‘‘(cc) Approval of reports to Congress
pursuant to clause (vii)(VII).
‘‘(dd) Approval of transfers pursuant to
subparagraph (E)(ii)(I).
‘‘(ee) Other significant actions determined
by the Council.
‘‘(II) QUORUM.—A majority of State members
shall be required to be present for the Council
to take any significant action.
‘‘(III)
AFFIRMATIVE
VOTE
REQUIREMENT
CONSIDERED MET.—For approval of State plans
pursuant to paragraph (3)(B)(iv), the certification
by a State member of the Council that the plan
satisfies all requirements of clauses (i) and (ii)
of paragraph (3)(B), when joined by an affirmative
vote of the Federal Chairperson of the Council,
shall be considered to satisfy the requirements
for affirmative votes under subclause (I).
‘‘(IV) PUBLIC TRANSPARENCY.—Appropriate
actions of the Council, including significant actions
and associated deliberations, shall be made available to the public via electronic means prior to
any vote.
‘‘(vii) DUTIES OF COUNCIL.—The Council shall—
‘‘(I) develop the Comprehensive Plan and
future revisions to the Comprehensive Plan;
‘‘(II) identify as soon as practicable the projects
that—
‘‘(aa) have been authorized prior to the
date of enactment of this subsection but not
yet commenced; and
‘‘(bb) if implemented quickly, would
restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, barrier islands, dunes, and
coastal wetlands of the Gulf Coast region;
‘‘(III) establish such other 1 or more advisory
committees as may be necessary to assist the
Council, including a scientific advisory committee
and a committee to advise the Council on public
policy issues;
‘‘(IV) collect and consider scientific and other
research associated with restoration of the Gulf
Coast ecosystem, including research, observation,
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 597
and monitoring carried out pursuant to sections
1604 and 1605 of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012;
‘‘(V) develop standard terms to include in contracts for projects and programs awarded pursuant
to the Comprehensive Plan that provide a preference to individuals and companies that reside
in, are headquartered in, or are principally
engaged in business in a Gulf Coast State;
‘‘(VI) prepare an integrated financial plan and
recommendations for coordinated budget requests
for the amounts proposed to be expended by the
Federal agencies represented on the Council for
projects and programs in the Gulf Coast States;
and
‘‘(VII) submit to Congress an annual report
that—
‘‘(aa) summarizes the policies, strategies,
plans, and activities for addressing the restoration and protection of the Gulf Coast
region;
‘‘(bb) describes the projects and programs
being implemented to restore and protect the
Gulf Coast region, including—
‘‘(AA) a list of each project and program;
‘‘(BB) an identification of the funding
provided to projects and programs identified in subitem (AA);
‘‘(CC) an identification of each
recipient for funding identified in subitem
(BB); and
‘‘(DD) a description of the length of
time and funding needed to complete the
objectives of each project and program
identified in subitem (AA);
‘‘(cc) makes such recommendations to Congress for modifications of existing laws as the
Council determines necessary to implement
the Comprehensive Plan;
‘‘(dd) reports on the progress on
implementation of each project or program—
‘‘(AA) after 3 years of ongoing activity
of the project or program, if applicable;
and
‘‘(BB) on completion of the project or
program;
‘‘(ee) includes the information required to
be submitted under section 1605(c)(4) of the
Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012; and
‘‘(ff) submits the reports required under
item (dd) to—
‘‘(AA) the Committee on Science,
Space, and Technology, the Committee on
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PUBLIC LAW 112–141—JULY 6, 2012
Natural Resources, the Committee on
Transportation and Infrastructure, and
the Committee on Appropriations of the
House of Representatives; and
‘‘(BB) the Committee on Environment
and Public Works, the Committee on Commerce, Science, and Transportation, the
Committee on Energy and Natural
Resources, and the Committee on Appropriations of the Senate.
‘‘(viii) APPLICATION OF FEDERAL ADVISORY COMMITTEE ACT.—The Council, or any other advisory committee established under this subparagraph, shall not
be considered an advisory committee under the Federal
Advisory Committee Act (5 U.S.C. App.).
‘‘(ix) SUNSET.—The authority for the Council, and
any other advisory committee established under this
subparagraph, shall terminate on the date all funds
in the Trust Fund have been expended.
‘‘(D) COMPREHENSIVE PLAN.—
‘‘(i) PROPOSED PLAN.—
‘‘(I) IN GENERAL.—Not later than 180 days
after the date of enactment of the Resources and
Ecosystems Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast States
Act of 2012, the Chairperson, on behalf of the
Council and after appropriate public input, review,
and comment, shall publish a proposed plan to
restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats,
beaches, and coastal wetlands of the Gulf Coast
region.
‘‘(II)
INCLUSIONS.—The
proposed
plan
described in subclause (I) shall include and incorporate the findings and information prepared by
the President’s Gulf Coast Restoration Task Force.
‘‘(ii) PUBLICATION.—
‘‘(I) INITIAL PLAN.—Not later than 1 year after
the date of enactment of the Resources and Ecosystems Sustainability, Tourist Opportunities, and
Revived Economies of the Gulf Coast States Act
of 2012 and after notice and opportunity for public
comment, the Chairperson, on behalf of the Council
and after approval by the Council, shall publish
in the Federal Register the initial Comprehensive
Plan to restore and protect the natural resources,
ecosystems, fisheries, marine and wildlife habitats,
beaches, and coastal wetlands of the Gulf Coast
region.
‘‘(II) COOPERATION WITH GULF COAST RESTORATION TASK FORCE.—The Council shall develop the
initial Comprehensive Plan in close coordination
with the President’s Gulf Coast Restoration Task
Force.
‘‘(III) CONSIDERATIONS.—In developing the initial Comprehensive Plan and subsequent updates,
the Council shall consider all relevant findings,
Deadline.
Publication.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 599
reports, or research prepared or funded under section 1604 or 1605 of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012.
‘‘(IV) CONTENTS.—The initial Comprehensive
Plan shall include—
‘‘(aa) such provisions as are necessary to
fully incorporate in the Comprehensive Plan
the strategy, projects, and programs recommended by the President’s Gulf Coast Restoration Task Force;
‘‘(bb) a list of any project or program
authorized prior to the date of enactment of
this subsection but not yet commenced, the
completion of which would further the purposes and goals of this subsection and of the
Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012;
‘‘(cc) a description of the manner in which
amounts from the Trust Fund projected to be
made available to the Council for the succeeding 10 years will be allocated; and
‘‘(dd) subject to available funding in
accordance with clause (iii), a prioritized list
of specific projects and programs to be funded
and carried out during the 3-year period immediately following the date of publication of the
initial Comprehensive Plan, including a table
that illustrates the distribution of projects and
programs by the Gulf Coast State.
‘‘(V) PLAN UPDATES.—The Council shall
update—
‘‘(aa) the Comprehensive Plan every 5
years in a manner comparable to the manner
established in this subparagraph for each 5year period for which amounts are expected
to be made available to the Gulf Coast States
from the Trust Fund; and
‘‘(bb) the 3-year list of projects and programs described in subclause (IV)(dd)
annually.
‘‘(iii) RESTORATION PRIORITIES.—Except for projects
and programs described in clause (ii)(IV)(bb), in
selecting projects and programs to include on the 3year list described in clause (ii)(IV)(dd), based on the
best available science, the Council shall give highest
priority to projects that address 1 or more of the following criteria:
‘‘(I) Projects that are projected to make the
greatest contribution to restoring and protecting
the natural resources, ecosystems, fisheries,
marine and wildlife habitats, beaches, and coastal
wetlands of the Gulf Coast region, without regard
to geographic location within the Gulf Coast
region.
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(II) Large-scale projects and programs that
are projected to substantially contribute to
restoring and protecting the natural resources, ecosystems, fisheries, marine and wildlife habitats,
beaches, and coastal wetlands of the Gulf Coast
ecosystem.
‘‘(III) Projects contained in existing Gulf Coast
State comprehensive plans for the restoration and
protection of natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and
coastal wetlands of the Gulf Coast region.
‘‘(IV) Projects that restore long-term resiliency
of the natural resources, ecosystems, fisheries,
marine and wildlife habitats, beaches, and coastal
wetlands most impacted by the Deepwater Horizon
oil spill.
‘‘(E) IMPLEMENTATION.—
‘‘(i) IN GENERAL.—The Council, acting through the
Federal agencies represented on the Council and Gulf
Coast States, shall expend funds made available from
the Trust Fund to carry out projects and programs
adopted in the Comprehensive Plan.
‘‘(ii) ADMINISTRATIVE RESPONSIBILITY.—
‘‘(I) IN GENERAL.—Primary authority and
responsibility for each project and program
included in the Comprehensive Plan shall be
assigned by the Council to a Gulf Coast State
represented on the Council or a Federal agency.
‘‘(II) TRANSFER OF AMOUNTS.—Amounts necessary to carry out each project or program
included in the Comprehensive Plan shall be transferred by the Secretary of the Treasury from the
Trust Fund to that Federal agency or Gulf Coast
State as the project or program is implemented,
subject to such conditions as the Secretary of the
Treasury, in consultation with the Secretary of
the Interior and the Secretary of Commerce, established pursuant to section 1602 of the Resources
and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast
States Act of 2012.
‘‘(III) LIMITATION ON TRANSFERS.—
‘‘(aa) GRANTS TO NONGOVERNMENTAL ENTITIES.—In the case of funds transferred to a
Federal or State agency under subclause (II),
the agency shall not make 1 or more grants
or cooperative agreements to a nongovernmental entity if the total amount provided
to the entity would equal or exceed 10 percent
of the total amount provided to the agency
for that particular project or program, unless
the 1 or more grants have been reported in
accordance with item (bb).
‘‘(bb) REPORTING OF GRANTEES.—At least
30 days prior to making a grant or entering
into a cooperative agreement described in item
(aa), the name of each grantee, including the
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Time period.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 601
amount and purpose of each grant or cooperative agreement, shall be published in the Federal Register and delivered to the congressional committees listed in subparagraph
(C)(vii)(VII)(ff).
‘‘(cc) ANNUAL REPORTING OF GRANTEES.—
Annually, the name of each grantee, including
the amount and purposes of each grant or
cooperative agreement, shall be published in
the Federal Register and delivered to Congress
as part of the report submitted pursuant to
subparagraph (C)(vii)(VII).
‘‘(IV) PROJECT AND PROGRAM LIMITATION.—The
Council, a Federal agency, or a State may not
carry out a project or program funded under this
paragraph outside of the Gulf Coast region.
‘‘(F) COORDINATION.—The Council and the Federal
members of the Council may develop memoranda of understanding establishing integrated funding and implementation plans among the member agencies and authorities.
‘‘(3) OIL SPILL RESTORATION IMPACT ALLOCATION.—
‘‘(A) IN GENERAL.—
‘‘(i) DISBURSEMENT.—Of the total amount made
available from the Trust Fund, 30 percent shall be
disbursed pursuant to the formula in clause (ii) to
the Gulf Coast States on the approval of the plan
described in subparagraph (B)(i).
‘‘(ii) FORMULA.—Subject to subparagraph (B), for
each Gulf Coast State, the amount disbursed under
this paragraph shall be based on a formula established
by the Council by regulation that is based on a
weighted average of the following criteria:
‘‘(I) 40 percent based on the proportionate
number of miles of shoreline in each Gulf Coast
State that experienced oiling on or before April
10, 2011, compared to the total number of miles
of shoreline that experienced oiling as a result
of the Deepwater Horizon oil spill.
‘‘(II) 40 percent based on the inverse proportion of the average distance from the mobile offshore drilling unit Deepwater Horizon at the time
of the explosion to the nearest and farthest point
of the shoreline that experienced oiling of each
Gulf Coast State.
‘‘(III) 20 percent based on the average population in the 2010 decennial census of coastal counties bordering the Gulf of Mexico within each Gulf
Coast State.
‘‘(iii) MINIMUM ALLOCATION.—The amount disbursed to a Gulf Coast State for each fiscal year under
clause (ii) shall be at least 5 percent of the total
amounts made available under this paragraph.
‘‘(B) DISBURSEMENT OF FUNDS.—
‘‘(i) IN GENERAL.—The Council shall disburse
amounts to the respective Gulf Coast States in accordance with the formula developed under subparagraph
(A) for projects, programs, and activities that will
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Regulations.
Expenditure
plan.
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improve the ecosystems or economy of the Gulf Coast
region, subject to the condition that each Gulf Coast
State submits a plan for the expenditure of amounts
disbursed under this paragraph that meets the following criteria:
‘‘(I) All projects, programs, and activities
included in the plan are eligible activities pursuant
to clauses (i) and (ii) of paragraph (1)(B).
‘‘(II) The projects, programs, and activities
included in the plan contribute to the overall economic and ecological recovery of the Gulf Coast.
‘‘(III) The plan takes into consideration the
Comprehensive Plan and is consistent with the
goals and objectives of the Plan, as described in
paragraph (2)(B)(i).
‘‘(ii) FUNDING.—
‘‘(I) IN GENERAL.—Except as provided in subclause (II), the plan described in clause (i) may
use not more than 25 percent of the funding made
available for infrastructure projects eligible under
subclauses (VI) and (VII) of paragraph (1)(B)(i).
‘‘(II) EXCEPTION.—The plan described in clause
(i) may propose to use more than 25 percent of
the funding made available for infrastructure
projects eligible under subclauses (VI) and (VII)
of paragraph (1)(B)(i) if the plan certifies that—
‘‘(aa) ecosystem restoration needs in the
State will be addressed by the projects in the
proposed plan; and
‘‘(bb) additional investment in infrastructure is required to mitigate the impacts of
the Deepwater Horizon Oil Spill to the ecosystem or economy.
‘‘(iii) DEVELOPMENT.—The plan described in clause
(i) shall be developed by—
‘‘(I) in the State of Alabama, the Alabama
Gulf Coast Recovery Council established under
paragraph (1)(F)(i);
‘‘(II) in the State of Florida, a consortia of
local political subdivisions that includes at a minimum 1 representative of each affected county;
‘‘(III) in the State of Louisiana, the Coastal
Protection and Restoration Authority of Louisiana;
‘‘(IV) in the State of Mississippi, the Office
of the Governor or an appointee of the Office of
the Governor; and
‘‘(V) in the State of Texas, the Office of the
Governor or an appointee of the Office of the Governor.
‘‘(iv) APPROVAL.—Not later than 60 days after the
date on which a plan is submitted under clause (i),
the Council shall approve or disapprove the plan based
on the conditions of clause (i).
‘‘(C) DISAPPROVAL.—If the Council disapproves a plan
pursuant to subparagraph (B)(iv), the Council shall—
‘‘(i) provide the reasons for disapproval in writing;
and
State listing.
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‘‘(ii) consult with the State to address any identified deficiencies with the State plan.
‘‘(D) FAILURE TO SUBMIT ADEQUATE PLAN.—If a State
fails to submit an adequate plan under this paragraph,
any funds made available under this paragraph shall
remain in the Trust Fund until such date as a plan is
submitted and approved pursuant to this paragraph.
‘‘(E) JUDICIAL REVIEW.—If the Council fails to approve
or take action within 60 days on a plan, as described
in subparagraph (B)(iv), the State may obtain expedited
judicial review within 90 days of that decision in a district
court of the United States, of appropriate jurisdiction and
venue, that is located within the State seeking the review.
‘‘(F) COST-SHARING.—
‘‘(i) IN GENERAL.—A Gulf Coast State or coastal
political subdivision may use, in whole or in part,
amounts made available to that Gulf Coast State or
coastal political subdivision under this paragraph to
satisfy the non-Federal share of any project or program
that—
‘‘(I) is authorized by other Federal law; and
‘‘(II) is an eligible activity described in clause
(i) or (ii) of paragraph (1)(B).
‘‘(ii) EFFECT ON OTHER FUNDS.—The use of funds
made available from the Trust Fund under this paragraph to satisfy the non-Federal share of the cost of
a project or program described in clause (i) shall not
affect the priority in which other Federal funds are
allocated or awarded.
‘‘(4) AUTHORIZATION OF INTEREST TRANSFERS.—Of the total
amount made available for any fiscal year from the Trust
Fund that is equal to the interest earned by the Trust Fund
and proceeds from investments made by the Trust Fund in
the preceding fiscal year—
‘‘(A) 50 percent shall be divided equally between—
‘‘(i) the Gulf Coast Ecosystem Restoration Science,
Observation, Monitoring, and Technology program
authorized in section 1604 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and
Revived Economies of the Gulf Coast States Act of
2012; and
‘‘(ii) the centers of excellence research grants
authorized in section 1605 of that Act; and
‘‘(B) 50 percent shall be made available to the Gulf
Coast Ecosystem Restoration Council to carry out the Comprehensive Plan pursuant to paragraph (2).’’.
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SEC.
1604.
GULF COAST ECOSYSTEM RESTORATION SCIENCE,
OBSERVATION, MONITORING, AND TECHNOLOGY PROGRAM.
Consultation.
Deadlines.
33 USC 1321
note.
(a) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) COMMISSION.—The term ‘‘Commission’’ means the Gulf
States Marine Fisheries Commission.
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126 STAT. 604
Deadline.
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Plan.
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PUBLIC LAW 112–141—JULY 6, 2012
(3) DIRECTOR.—The term ‘‘Director’’ means the Director
of the United States Fish and Wildlife Service.
(4) PROGRAM.—The term ‘‘program’’ means the Gulf Coast
Ecosystem Restoration Science, Observation, Monitoring, and
Technology program established under this section.
(b) ESTABLISHMENT OF PROGRAM.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Administrator, in consultation
with the Director, shall establish the Gulf Coast Ecosystem
Restoration Science, Observation, Monitoring, and Technology
program to carry out research, observation, and monitoring
to support, to the maximum extent practicable, the long-term
sustainability of the ecosystem, fish stocks, fish habitat, and
the recreational, commercial, and charter fishing industry in
the Gulf of Mexico.
(2) EXPENDITURE OF FUNDS.—For each fiscal year, amounts
made available to carry out this subsection may be expended
for, with respect to the Gulf of Mexico—
(A) marine and estuarine research;
(B) marine and estuarine ecosystem monitoring and
ocean observation;
(C) data collection and stock assessments;
(D) pilot programs for—
(i) fishery independent data; and
(ii) reduction of exploitation of spawning aggregations; and
(E) cooperative research.
(3) COOPERATION WITH THE COMMISSION.—For each fiscal
year, amounts made available to carry out this subsection may
be transferred to the Commission to establish a fisheries monitoring and research program, with respect to the Gulf of Mexico.
(4) CONSULTATION.—The Administrator and the Director
shall consult with the Regional Gulf of Mexico Fishery Management Council and the Commission in carrying out the program.
(c) SPECIES INCLUDED.—The research, monitoring, assessment,
and programs eligible for amounts made available under the program shall include all marine, estuarine, aquaculture, and fish
species in State and Federal waters of the Gulf of Mexico.
(d) RESEARCH PRIORITIES.—In distributing funding under this
subsection, priority shall be given to integrated, long-term projects
that—
(1) build on, or are coordinated with, related research activities; and
(2) address current or anticipated marine ecosystem,
fishery, or wildlife management information needs.
(e) DUPLICATION.—In carrying out this section, the Administrator, in consultation with the Director, shall seek to avoid duplication of other research and monitoring activities.
(f) COORDINATION WITH OTHER PROGRAMS.—The Administrator,
in consultation with the Director, shall develop a plan for the
coordination of projects and activities between the program and
other existing Federal and State science and technology programs
in the States of Alabama, Florida, Louisiana, Mississippi, and
Texas, as well as between the centers of excellence.
(g) LIMITATION ON EXPENDITURES.—
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126 STAT. 605
(1) IN GENERAL.—Not more than 3 percent of funds provided in subsection (h) shall be used for administrative
expenses.
(2) NOAA.—The funds provided in subsection (h) may not
be used—
(A) for any existing or planned research led by the
National Oceanic and Atmospheric Administration, unless
agreed to in writing by the grant recipient;
(B) to implement existing regulations or initiate new
regulations promulgated or proposed by the National Oceanic and Atmospheric Administration; or
(C) to develop or approve a new limited access privilege
program (as that term is used in section 303A of the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1853a)) for any fishery under the jurisdiction
of the South Atlantic, Mid-Atlantic, New England, or Gulf
of Mexico Fishery Management Councils.
(h) FUNDING.—Of the total amount made available for each
fiscal year for the Gulf Coast Restoration Trust Fund established
under section 1602, 2.5 percent shall be available to carry out
the program.
(i) SUNSET.—The program shall cease operations when all funds
in the Gulf Coast Restoration Trust Fund established under section
1602 have been expended.
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SEC. 1605. CENTERS OF EXCELLENCE RESEARCH GRANTS.
(a) IN GENERAL.—Of the total amount made available for each
fiscal year from the Gulf Coast Restoration Trust Fund established
under section 1602, 2.5 percent shall be made available to the
Gulf Coast States (as defined in section 311(a) of the Federal
Water Pollution Control Act (as added by section 1603 of the
Resources and Ecosystems Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast States Act of 2012)),
in equal shares, exclusively for grants in accordance with subsection
(c) to establish centers of excellence to conduct research only on
the Gulf Coast Region (as defined in section 311 of the Federal
Water Pollution Control Act (33. U.S.C. 1321)).
(b) APPROVAL BY STATE ENTITY, TASK FORCE, OR AGENCY.—
The duties of a Gulf Coast State under this section shall be carried
out by the applicable Gulf Coast State entities, task forces, or
agencies listed in section 311(t)(1)(F) of the Federal Water Pollution
Control Act (as added by section 1603 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012), and for the State
of Florida, a consortium of public and private research institutions
within the State, which shall include the Florida Department of
Environmental Protection and the Florida Fish and Wildlife Conservation Commission, for that Gulf Coast State.
(c) GRANTS.—
(1) IN GENERAL.—A Gulf Coast State shall use the amounts
made available to carry out this section to award competitive
grants to nongovernmental entities and consortia in the Gulf
Coast region (including public and private institutions of higher
education) for the establishment of centers of excellence as
described in subsection (d).
(2) APPLICATION.—To be eligible to receive a grant under
this subsection, an entity or consortium described in paragraph
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PUBLIC LAW 112–141—JULY 6, 2012
(1) shall submit to a Gulf Coast State an application at such
time, in such manner, and containing such information as
the Gulf Coast State determines to be appropriate.
(3) PRIORITY.—In awarding grants under this subsection,
a Gulf Coast State shall give priority to entities and consortia
that demonstrate the ability to establish the broadest crosssection of participants with interest and expertise in any discipline described in subsection (d) on which the proposal of
the center of excellence will be focused.
(4) REPORTING.—
(A) IN GENERAL.—Each Gulf Coast State shall provide
annually to the Gulf Coast Ecosystem Restoration Council
established under section 311(t)(2)(C) of the Federal Water
Pollution Control Act (as added by section 1603 of the
Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast
States Act of 2012) information regarding all grants,
including the amount, discipline or disciplines, and recipients of the grants, and in the case of any grant awarded
to a consortium, the membership of the consortium.
(B) INCLUSION.—The Gulf Coast Ecosystem Restoration
Council shall include the information received under
subparagraph (A) in the annual report to Congress of the
Council required under section 311(t)(2)(C)(vii)(VII) of the
Federal Water Pollution Control Act (as added by section
1603 of the Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies of the Gulf
Coast States Act of 2012).
(d) DISCIPLINES.—Each center of excellence shall focus on
science, technology, and monitoring in at least 1 of the following
disciplines:
(1) Coastal and deltaic sustainability, restoration and
protection, including solutions and technology that allow citizens to live in a safe and sustainable manner in a coastal
delta in the Gulf Coast Region.
(2) Coastal fisheries and wildlife ecosystem research and
monitoring in the Gulf Coast Region.
(3) Offshore energy development, including research and
technology to improve the sustainable and safe development
of energy resources in the Gulf of Mexico.
(4) Sustainable and resilient growth, economic and commercial development in the Gulf Coast Region.
(5) Comprehensive observation, monitoring, and mapping
of the Gulf of Mexico.
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33 USC 1321
note.
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SEC. 1606. EFFECT.
(a) DEFINITION OF DEEPWATER HORIZON OIL SPILL.—In this
section, the term ‘‘Deepwater Horizon oil spill’’ has the meaning
given the term in section 311(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(a)).
(b) EFFECT AND APPLICATION.—Nothing in this subtitle or any
amendment made by this subtitle—
(1) supersedes or otherwise affects any other provision
of Federal law, including, in particular, laws providing recovery
for injury to natural resources under the Oil Pollution Act
of 1990 (33 U.S.C. 2701 et seq.) and laws for the protection
of public health and the environment; or
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126 STAT. 607
(2) applies to any fine collected under section 311 of the
Federal Water Pollution Control Act (33 U.S.C. 1321) for any
incident other than the Deepwater Horizon oil spill.
(c) USE OF FUNDS.—Funds made available under this subtitle
may be used only for eligible activities specifically authorized by
this subtitle and the amendments made by this subtitle.
SEC. 1607. RESTORATION AND PROTECTION ACTIVITY LIMITATIONS.
(a) WILLING SELLER.—Funds made available under this subtitle
may only be used to acquire land or interests in land by purchase,
exchange, or donation from a willing seller.
(b) ACQUISITION OF FEDERAL LAND.—None of the funds made
available under this subtitle may be used to acquire land in fee
title by the Federal Government unless—
(1) the land is acquired by exchange or donation; or
(2) the acquisition is necessary for the restoration and
protection of the natural resources, ecosystems, fisheries,
marine and wildlife habitats, beaches, and coastal wetlands
of the Gulf Coast region and has the concurrence of the Governor of the State in which the acquisition will take place.
SEC. 1608. INSPECTOR GENERAL.
The Office of the Inspector General of the Department of the
Treasury shall have authority to conduct, supervise, and coordinate
audits and investigations of projects, programs, and activities
funded under this subtitle and the amendments made by this
subtitle.
TITLE II—AMERICA FAST FORWARD
FINANCING INNOVATION
33 USC 1321
note.
Audits.
Investigations.
33 USC 1321
note.
America Fast
Forward
Financing
Innovation Act of
2012.
23 USC 101 note.
SEC. 2001. SHORT TITLE.
This title may be cited as the ‘‘America Fast Forward Financing
Innovation Act of 2012’’.
SEC.
2002.
TRANSPORTATION INFRASTRUCTURE
INNOVATION ACT OF 1998 AMENDMENTS.
FINANCE
AND
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Sections 601 through 609 of title 23, United States Code, are
amended to read as follows:
‘‘§ 601. Generally applicable provisions
‘‘(a) DEFINITIONS.—In this chapter, the following definitions
apply:
‘‘(1) CONTINGENT COMMITMENT.—The term ‘contingent
commitment’ means a commitment to obligate an amount from
future available budget authority that is—
‘‘(A) contingent on those funds being made available
in law at a future date; and
‘‘(B) not an obligation of the Federal Government.
‘‘(2) ELIGIBLE PROJECT COSTS.—The term ‘eligible project
costs’ means amounts substantially all of which are paid by,
or for the account of, an obligor in connection with a project,
including the cost of—
‘‘(A) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
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126 STAT. 608
PUBLIC LAW 112–141—JULY 6, 2012
review, permitting, preliminary engineering and design
work, and other preconstruction activities;
‘‘(B) construction, reconstruction, rehabilitation,
replacement, and acquisition of real property (including
land relating to the project and improvements to land),
environmental mitigation, construction contingencies, and
acquisition of equipment; and
‘‘(C) capitalized interest necessary to meet market
requirements, reasonably required reserve funds, capital
issuance expenses, and other carrying costs during
construction.
‘‘(3) FEDERAL CREDIT INSTRUMENT.—The term ‘Federal
credit instrument’ means a secured loan, loan guarantee, or
line of credit authorized to be made available under this chapter
with respect to a project.
‘‘(4) INVESTMENT-GRADE RATING.—The term ‘investmentgrade rating’ means a rating of BBB minus, Baa3, bbb minus,
BBB (low), or higher assigned by a rating agency to project
obligations.
‘‘(5) LENDER.—The term ‘lender’ means any non-Federal
qualified institutional buyer (as defined in section 230.144A(a)
of title 17, Code of Federal Regulations (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange
Commission and issued under the Securities Act of 1933 (15
U.S.C. 77a et seq.)), including—
‘‘(A) a qualified retirement plan (as defined in section
4974(c) of the Internal Revenue Code of 1986) that is
a qualified institutional buyer; and
‘‘(B) a governmental plan (as defined in section 414(d)
of the Internal Revenue Code of 1986) that is a qualified
institutional buyer.
‘‘(6) LETTER OF INTEREST.—The term ‘letter of interest’
means a letter submitted by a potential applicant prior to
an application for credit assistance in a format prescribed by
the Secretary on the website of the TIFIA program that—
‘‘(A) describes the project and the location, purpose,
and cost of the project;
‘‘(B) outlines the proposed financial plan, including
the requested credit assistance and the proposed obligor;
‘‘(C) provides a status of environmental review; and
‘‘(D) provides information regarding satisfaction of
other eligibility requirements of the TIFIA program.
‘‘(7) LINE OF CREDIT.—The term ‘line of credit’ means an
agreement entered into by the Secretary with an obligor under
section 604 to provide a direct loan at a future date upon
the occurrence of certain events.
‘‘(8) LIMITED BUYDOWN.—The term ‘limited buydown’
means, subject to the conditions described in section
603(b)(4)(C), a buydown of the interest rate by the obligor
if the interest rate has increased between—
‘‘(A)(i) the date on which a project application acceptable to the Secretary is submitted; or
‘‘(ii) the date on which the Secretary entered into a
master credit agreement; and
‘‘(B) the date on which the Secretary executes the
Federal credit instrument.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 609
‘‘(9) LOAN GUARANTEE.—The term ‘loan guarantee’ means
any guarantee or other pledge by the Secretary to pay all
or part of the principal of and interest on a loan or other
debt obligation issued by an obligor and funded by a lender.
‘‘(10) MASTER CREDIT AGREEMENT.—The term ‘master credit
agreement’ means an agreement to extend credit assistance
for a program of projects secured by a common security pledge
(which shall receive an investment grade rating from a rating
agency), or for a single project covered under section 602(b)(2)
that would—
‘‘(A) make contingent commitments of 1 or more
secured loans or other Federal credit instruments at future
dates, subject to the availability of future funds being made
available to carry out this chapter;
‘‘(B) establish the maximum amounts and general
terms and conditions of the secured loans or other Federal
credit instruments;
‘‘(C) identify the 1 or more dedicated non-Federal revenue sources that will secure the repayment of the secured
loans or secured Federal credit instruments;
‘‘(D) provide for the obligation of funds for the secured
loans or secured Federal credit instruments after all
requirements have been met for the projects subject to
the master credit agreement, including—
‘‘(i) completion of an environmental impact statement or similar analysis required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
‘‘(ii) compliance with such other requirements as
are specified in section 602(c); and
‘‘(iii) the availability of funds to carry out this
chapter; and
‘‘(E) require that contingent commitments result in
a financial close and obligation of credit assistance not
later than 3 years after the date of entry into the master
credit agreement, or release of the commitment, unless
otherwise extended by the Secretary.
‘‘(11) OBLIGOR.—The term ‘obligor’ means a party that—
‘‘(A) is primarily liable for payment of the principal
of or interest on a Federal credit instrument; and
‘‘(B) may be a corporation, partnership, joint venture,
trust, or governmental entity, agency, or instrumentality.
‘‘(12) PROJECT.—The term ‘project’ means—
‘‘(A) any surface transportation project eligible for Federal assistance under this title or chapter 53 of title 49;
‘‘(B) a project for an international bridge or tunnel
for which an international entity authorized under Federal
or State law is responsible;
‘‘(C) a project for intercity passenger bus or rail facilities and vehicles, including facilities and vehicles owned
by the National Railroad Passenger Corporation and
components of magnetic levitation transportation systems;
and
‘‘(D) a project that—
‘‘(i) is a project—
‘‘(I) for a public freight rail facility or a private
facility providing public benefit for highway users
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126 STAT. 610
PUBLIC LAW 112–141—JULY 6, 2012
by way of direct freight interchange between highway and rail carriers;
‘‘(II) for an intermodal freight transfer facility;
‘‘(III) for a means of access to a facility
described in subclause (I) or (II);
‘‘(IV) for a service improvement for a facility
described in subclause (I) or (II) (including a capital investment for an intelligent transportation
system); or
‘‘(V) that comprises a series of projects
described in subclauses (I) through (IV) with the
common objective of improving the flow of goods;
‘‘(ii) may involve the combining of private and
public sector funds, including investment of public
funds in private sector facility improvements;
‘‘(iii) if located within the boundaries of a port
terminal, includes only such surface transportation
infrastructure modifications as are necessary to facilitate direct intermodal interchange, transfer, and access
into and out of the port; and
‘‘(iv) is composed of related highway, surface
transportation, transit, rail, or intermodal capital
improvement projects eligible for assistance under this
section in order to meet the eligible project cost
threshold under section 602, by grouping related
projects together for that purpose, subject to the condition that the credit assistance for the projects is
secured by a common pledge.
‘‘(13) PROJECT OBLIGATION.—The term ‘project obligation’
means any note, bond, debenture, or other debt obligation
issued by an obligor in connection with the financing of a
project, other than a Federal credit instrument.
‘‘(14) RATING AGENCY.—The term ‘rating agency’ means
a credit rating agency registered with the Securities and
Exchange Commission as a nationally recognized statistical
rating organization (as that term is defined in section 3(a)
of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
‘‘(15) RURAL INFRASTRUCTURE PROJECT.—The term ‘rural
infrastructure project’ means a surface transportation infrastructure project located in any area other than a city with
a population of more than 250,000 inhabitants within the city
limits.
‘‘(16) SECURED LOAN.—The term ‘secured loan’ means a
direct loan or other debt obligation issued by an obligor and
funded by the Secretary in connection with the financing of
a project under section 603.
‘‘(17) STATE.—The term ‘State’ has the meaning given the
term in section 101.
‘‘(18) SUBSIDY AMOUNT.—The term ‘subsidy amount’ means
the amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a Federal credit
instrument—
‘‘(A) calculated on a net present value basis; and
‘‘(B) excluding administrative costs and any incidental
effects on governmental receipts or outlays in accordance
with the Federal Credit Reform Act of 1990 (2 U.S.C.
661 et seq.).
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‘‘(19) SUBSTANTIAL COMPLETION.—The term ‘substantial
completion’ means—
‘‘(A) the opening of a project to vehicular or passenger
traffic; or
‘‘(B) a comparable event, as determined by the Secretary and specified in the credit agreement.
‘‘(20) TIFIA PROGRAM.—The term ‘TIFIA program’ means
the transportation infrastructure finance and innovation program of the Department.
‘‘(b) TREATMENT OF CHAPTER.—For purposes of this title, this
chapter shall be treated as being part of chapter 1.
‘‘§ 602. Determination of eligibility and project selection
‘‘(a) ELIGIBILITY.—
‘‘(1) IN GENERAL.—A project shall be eligible to receive
credit assistance under this chapter if—
‘‘(A) the entity proposing to carry out the project submits a letter of interest prior to submission of a formal
application for the project; and
‘‘(B) the project meets the criteria described in this
subsection.
‘‘(2) CREDITWORTHINESS.—
‘‘(A) IN GENERAL.—To be eligible for assistance under
this chapter, a project shall satisfy applicable creditworthiness standards, which, at a minimum, shall include—
‘‘(i) a rate covenant, if applicable;
‘‘(ii) adequate coverage requirements to ensure
repayment;
‘‘(iii) an investment grade rating from at least
2 rating agencies on debt senior to the Federal credit
instrument; and
‘‘(iv) a rating from at least 2 rating agencies on
the Federal credit instrument, subject to the condition
that, with respect to clause (iii), if the total amount
of the senior debt and the Federal credit instrument
is less than $75,000,000, 1 rating agency opinion for
each of the senior debt and Federal credit instrument
shall be sufficient.
‘‘(B) SENIOR DEBT.—Notwithstanding subparagraph
(A), in a case in which the Federal credit instrument is
the senior debt, the Federal credit instrument shall be
required to receive an investment grade rating from at
least 2 rating agencies, unless the credit instrument is
for an amount less than $75,000,000, in which case 1
rating agency opinion shall be sufficient.
‘‘(3) INCLUSION IN TRANSPORTATION PLANS AND PROGRAMS.—
A project shall satisfy the applicable planning and programming
requirements of sections 134 and 135 at such time as an agreement to make available a Federal credit instrument is entered
into under this chapter.
‘‘(4) APPLICATION.—A State, local government, public
authority, public-private partnership, or any other legal entity
undertaking the project and authorized by the Secretary shall
submit a project application that is acceptable to the Secretary.
‘‘(5) ELIGIBLE PROJECT COSTS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), to be eligible for assistance under this chapter, a
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project shall have eligible project costs that are reasonably
anticipated to equal or exceed the lesser of—
‘‘(i)(I) $50,000,000; or
‘‘(II) in the case of a rural infrastructure project,
$25,000,000; and
‘‘(ii) 331⁄3 percent of the amount of Federal highway
assistance funds apportioned for the most recently completed fiscal year to the State in which the project
is located.
‘‘(B) INTELLIGENT TRANSPORTATION SYSTEM PROJECTS.—
In the case of a project principally involving the installation
of an intelligent transportation system, eligible project costs
shall be reasonably anticipated to equal or exceed
$15,000,000.
‘‘(6) DEDICATED REVENUE SOURCES.—The applicable Federal
credit instrument shall be repayable, in whole or in part, from—
‘‘(A) tolls;
‘‘(B) user fees;
‘‘(C) payments owing to the obligor under a publicprivate partnership; or
‘‘(D) other dedicated revenue sources that also secure
or fund the project obligations.
‘‘(7) PUBLIC SPONSORSHIP OF PRIVATE ENTITIES.—In the case
of a project that is undertaken by an entity that is not a
State or local government or an agency or instrumentality
of a State or local government, the project that the entity
is undertaking shall be publicly sponsored as provided in paragraph (3).
‘‘(8) APPLICATIONS WHERE OBLIGOR WILL BE IDENTIFIED
LATER.—A State, local government, agency or instrumentality
of a State or local government, or public authority may submit
to the Secretary an application under paragraph (4), under
which a private party to a public-private partnership will be—
‘‘(A) the obligor; and
‘‘(B) identified later through completion of a procurement and selection of the private party.
‘‘(9) BENEFICIAL EFFECTS.—The Secretary shall determine
that financial assistance for the project under this chapter
will—
‘‘(A) foster, if appropriate, partnerships that attract
public and private investment for the project;
‘‘(B) enable the project to proceed at an earlier date
than the project would otherwise be able to proceed or
reduce the lifecycle costs (including debt service costs) of
the project; and
‘‘(C) reduce the contribution of Federal grant assistance
for the project.
‘‘(10) PROJECT READINESS.—To be eligible for assistance
under this chapter, the applicant shall demonstrate a reasonable expectation that the contracting process for construction
of the project can commence by not later than 90 days after
the date on which a Federal credit instrument is obligated
for the project under this chapter.
‘‘(b) SELECTION AMONG ELIGIBLE PROJECTS.—
‘‘(1) ESTABLISHMENT.—The Secretary shall establish a
rolling application process under which projects that are eligible
to receive credit assistance under subsection (a) shall receive
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126 STAT. 613
credit assistance on terms acceptable to the Secretary, if adequate funds are available to cover the subsidy costs associated
with the Federal credit instrument.
‘‘(2) ADEQUATE FUNDING NOT AVAILABLE.—If the Secretary
fully obligates funding to eligible projects in a fiscal year,
and adequate funding is not available to fund a credit
instrument, a project sponsor of an eligible project may elect
to enter into a master credit agreement and wait until the
earlier of—
‘‘(A) the following fiscal year; and
‘‘(B) the fiscal year during which additional funds are
available to receive credit assistance.
‘‘(3) PRELIMINARY RATING OPINION LETTER.—The Secretary
shall require each project applicant to provide a preliminary
rating opinion letter from at least 1 rating agency—
‘‘(A) indicating that the senior obligations of the project,
which may be the Federal credit instrument, have the
potential to achieve an investment-grade rating; and
‘‘(B) including a preliminary rating opinion on the Federal credit instrument.
‘‘(c) FEDERAL REQUIREMENTS.—
‘‘(1) IN GENERAL.—In addition to the requirements of this
title for highway projects, the requirements of chapter 53 of
title 49 for transit projects, and the requirements of section
5333(a) of title 49 for rail projects, the following provisions
of law shall apply to funds made available under this chapter
and projects assisted with those funds:
‘‘(A) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
‘‘(B) The National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
‘‘(C) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et
seq.).
‘‘(2) NEPA.—No funding shall be obligated for a project
that has not received an environmental categorical exclusion,
a finding of no significant impact, or a record of decision under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
‘‘(d) APPLICATION PROCESSING PROCEDURES.—
‘‘(1) NOTICE OF COMPLETE APPLICATION.—Not later than
30 days after the date of receipt of an application under this
section, the Secretary shall provide to the applicant a written
notice to inform the applicant whether—
‘‘(A) the application is complete; or
‘‘(B) additional information or materials are needed
to complete the application.
‘‘(2) APPROVAL OR DENIAL OF APPLICATION.—Not later than
60 days after the date of issuance of the written notice under
paragraph (1), the Secretary shall provide to the applicant
a written notice informing the applicant whether the Secretary
has approved or disapproved the application.
‘‘(e) DEVELOPMENT PHASE ACTIVITIES.—Any credit instrument
secured under this chapter may be used to finance up to 100
percent of the cost of development phase activities as described
in section 601(a)(1)(A).
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‘‘§ 603. Secured loans
‘‘(a) IN GENERAL.—
‘‘(1) AGREEMENTS.—Subject to paragraphs (2) and (3), the
Secretary may enter into agreements with 1 or more obligors
to make secured loans, the proceeds of which shall be used—
‘‘(A) to finance eligible project costs of any project
selected under section 602;
‘‘(B) to refinance interim construction financing of
eligible project costs of any project selected under section
602;
‘‘(C) to refinance existing Federal credit instruments
for rural infrastructure projects; or
‘‘(D) to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional funding capacity for the completion, enhancement,
or expansion of any project that—
‘‘(i) is selected under section 602; or
‘‘(ii) otherwise meets the requirements of section
602.
‘‘(2) LIMITATION ON REFINANCING OF INTERIM CONSTRUCTION
FINANCING.—A loan under paragraph (1) shall not refinance
interim construction financing under paragraph (1)(B) later
than 1 year after the date of substantial completion of the
project.
‘‘(3) RISK ASSESSMENT.—Before entering into an agreement
under this subsection, the Secretary, in consultation with the
Director of the Office of Management and Budget, shall determine an appropriate capital reserve subsidy amount for each
secured loan, taking into account each rating letter provided
by an agency under section 602(b)(3)(B).
‘‘(b) TERMS AND LIMITATIONS.—
‘‘(1) IN GENERAL.—A secured loan under this section with
respect to a project shall be on such terms and conditions
and contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the Secretary determines to be appropriate.
‘‘(2) MAXIMUM AMOUNT.—The amount of a secured loan
under this section shall not exceed the lesser of 49 percent
of the reasonably anticipated eligible project costs or if the
secured loan does not receive an investment grade rating, the
amount of the senior project obligations.
‘‘(3) PAYMENT.—A secured loan under this section—
‘‘(A) shall—
‘‘(i) be payable, in whole or in part, from—
‘‘(I) tolls;
‘‘(II) user fees;
‘‘(III) payments owing to the obligor under
a public-private partnership; or
‘‘(IV) other dedicated revenue sources that also
secure the senior project obligations; and
‘‘(ii) include a rate covenant, coverage requirement,
or similar security feature supporting the project
obligations; and
‘‘(B) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations.
‘‘(4) INTEREST RATE.—
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‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), the interest rate on a secured loan
under this section shall be not less than the yield on
United States Treasury securities of a similar maturity
to the maturity of the secured loan on the date of execution
of the loan agreement.
‘‘(B) RURAL INFRASTRUCTURE PROJECTS.—
‘‘(i) IN GENERAL.—The interest rate of a loan
offered to a rural infrastructure project under this
chapter shall be at 1⁄2 of the Treasury Rate in effect
on the date of execution of the loan agreement.
‘‘(ii) APPLICATION.—The rate described in clause
(i) shall only apply to any portion of a loan the subsidy
cost of which is funded by amounts set aside for rural
infrastructure projects under section 608(a)(3)(A).
‘‘(C) LIMITED BUYDOWNS.—The interest rate of a
secured loan under this section may not be lowered by
more than the lower of—
‘‘(i) 11⁄2 percentage points (150 basis points); or
‘‘(ii) the amount of the increase in the interest
rate.
‘‘(5) MATURITY DATE.—The final maturity date of the
secured loan shall be the lesser of—
‘‘(A) 35 years after the date of substantial completion
of the project; and
‘‘(B) if the useful life of the capital asset being financed
is of a lesser period, the useful life of the asset.
‘‘(6) NONSUBORDINATION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the secured loan shall not be subordinated to the
claims of any holder of project obligations in the event
of bankruptcy, insolvency, or liquidation of the obligor.
‘‘(B) PREEXISTING INDENTURE.—
‘‘(i) IN GENERAL.—The Secretary shall waive the
requirement under subparagraph (A) for a public
agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if—
‘‘(I) the secured loan is rated in the A category
or higher;
‘‘(II) the secured loan is secured and payable
from pledged revenues not affected by project
performance, such as a tax-backed revenue pledge
or a system-backed pledge of project revenues; and
‘‘(III) the TIFIA program share of eligible
project costs is 33 percent or less.
‘‘(ii) LIMITATION.—If the Secretary waives the nonsubordination requirement under this subparagraph—
‘‘(I) the maximum credit subsidy to be paid
by the Federal Government shall be not more than
10 percent of the principal amount of the secured
loan; and
‘‘(II) the obligor shall be responsible for paying
the remainder of the subsidy cost, if any.
‘‘(7) FEES.—The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the Federal
Government of making a secured loan under this section.
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(8) NON-FEDERAL SHARE.—The proceeds of a secured loan
under this chapter may be used for any non-Federal share
of project costs required under this title or chapter 53 of title
49, if the loan is repayable from non-Federal funds.
‘‘(9) MAXIMUM FEDERAL INVOLVEMENT.—The total Federal
assistance provided on a project receiving a loan under this
chapter shall not exceed 80 percent of the total project cost.
‘‘(c) REPAYMENT.—
‘‘(1) SCHEDULE.—The Secretary shall establish a repayment
schedule for each secured loan under this section based on—
‘‘(A) the projected cash flow from project revenues and
other repayment sources; and
‘‘(B) the useful life of the project.
‘‘(2) COMMENCEMENT.—Scheduled loan repayments of principal or interest on a secured loan under this section shall
commence not later than 5 years after the date of substantial
completion of the project.
‘‘(3) DEFERRED PAYMENTS.—
‘‘(A) IN GENERAL.—If, at any time after the date of
substantial completion of the project, the project is unable
to generate sufficient revenues to pay the scheduled loan
repayments of principal and interest on the secured loan,
the Secretary may, subject to subparagraph (C), allow the
obligor to add unpaid principal and interest to the outstanding balance of the secured loan.
‘‘(B) INTEREST.—Any payment deferred under subparagraph (A) shall—
‘‘(i) continue to accrue interest in accordance with
subsection (b)(4) until fully repaid; and
‘‘(ii) be scheduled to be amortized over the
remaining term of the loan.
‘‘(C) CRITERIA.—
‘‘(i) IN GENERAL.—Any payment deferral under
subparagraph (A) shall be contingent on the project
meeting criteria established by the Secretary.
‘‘(ii) REPAYMENT STANDARDS.—The criteria established pursuant to clause (i) shall include standards
for reasonable assurance of repayment.
‘‘(4) PREPAYMENT.—
‘‘(A) USE OF EXCESS REVENUES.—Any excess revenues
that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and
all deposit requirements under the terms of any trust
agreement, bond resolution, or similar agreement securing
project obligations may be applied annually to prepay the
secured loan without penalty.
‘‘(B) USE OF PROCEEDS OF REFINANCING.—The secured
loan may be prepaid at any time without penalty from
the proceeds of refinancing from non-Federal funding
sources.
‘‘(d) SALE OF SECURED LOANS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), as soon as
practicable after substantial completion of a project and after
notifying the obligor, the Secretary may sell to another entity
or reoffer into the capital markets a secured loan for the project
if the Secretary determines that the sale or reoffering can
be made on favorable terms.
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‘‘(2) CONSENT OF OBLIGOR.—In making a sale or reoffering
under paragraph (1), the Secretary may not change the original
terms and conditions of the secured loan without the written
consent of the obligor.
‘‘(e) LOAN GUARANTEES.—
‘‘(1) IN GENERAL.—The Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under
this section if the Secretary determines that the budgetary
cost of the loan guarantee is substantially the same as that
of a secured loan.
‘‘(2) TERMS.—The terms of a loan guarantee under paragraph (1) shall be consistent with the terms required under
this section for a secured loan, except that the rate on the
guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent
of the Secretary.
‘‘§ 604. Lines of credit
‘‘(a) IN GENERAL.—
‘‘(1) AGREEMENTS.—Subject to paragraphs (2) through (4),
the Secretary may enter into agreements to make available
to 1 or more obligors lines of credit in the form of direct
loans to be made by the Secretary at future dates on the
occurrence of certain events for any project selected under
section 602.
‘‘(2) USE OF PROCEEDS.—The proceeds of a line of credit
made available under this section shall be available to pay
debt service on project obligations issued to finance eligible
project costs, extraordinary repair and replacement costs, operation and maintenance expenses, and costs associated with
unexpected Federal or State environmental restrictions.
‘‘(3) RISK ASSESSMENT.—Before entering into an agreement
under this subsection, the Secretary, in consultation with the
Director of the Office of Management and Budget and each
rating agency providing a preliminary rating opinion letter
under section 602(b)(3), shall determine an appropriate capital
reserve subsidy amount for each line of credit, taking into
account the rating opinion letter.
‘‘(4) INVESTMENT-GRADE RATING REQUIREMENT.—The
funding of a line of credit under this section shall be contingent
on the senior obligations of the project receiving an investmentgrade rating from 2 rating agencies.
‘‘(b) TERMS AND LIMITATIONS.—
‘‘(1) IN GENERAL.—A line of credit under this section with
respect to a project shall be on such terms and conditions
and contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the Secretary determines to be appropriate.
‘‘(2) MAXIMUM AMOUNTS.—The total amount of a line of
credit under this section shall not exceed 33 percent of the
reasonably anticipated eligible project costs.
‘‘(3) DRAWS.—Any draw on a line of credit under this section
shall—
‘‘(A) represent a direct loan; and
‘‘(B) be made only if net revenues from the project
(including capitalized interest, but not including reasonably
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required financing reserves) are insufficient to pay the
costs specified in subsection (a)(2).
‘‘(4) INTEREST RATE.—Except as provided in subparagraphs
(B) and (C) of section 603(b)(4), the interest rate on a direct
loan resulting from a draw on the line of credit shall be not
less than the yield on 30-year United States Treasury securities,
as of the date of execution of the line of credit agreement.
‘‘(5) SECURITY.—A line of credit issued under this section—
‘‘(A) shall—
‘‘(i) be payable, in whole or in part, from—
‘‘(I) tolls;
‘‘(II) user fees;
‘‘(III) payments owing to the obligor under
a public-private partnership; or
‘‘(IV) other dedicated revenue sources that also
secure the senior project obligations; and
‘‘(ii) include a rate covenant, coverage requirement,
or similar security feature supporting the project
obligations; and
‘‘(B) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations.
‘‘(6) PERIOD OF AVAILABILITY.—The full amount of a line
of credit under this section, to the extent not drawn upon,
shall be available during the 10-year period beginning on the
date of substantial completion of the project.
‘‘(7) RIGHTS OF THIRD-PARTY CREDITORS.—
‘‘(A) AGAINST FEDERAL GOVERNMENT.—A third-party
creditor of the obligor shall not have any right against
the Federal Government with respect to any draw on a
line of credit under this section.
‘‘(B) ASSIGNMENT.—An obligor may assign a line of
credit under this section to—
‘‘(i) 1 or more lenders; or
‘‘(ii) a trustee on the behalf of such a lender.
‘‘(8) NONSUBORDINATION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), a direct loan under this section shall not be subordinated to the claims of any holder of project obligations
in the event of bankruptcy, insolvency, or liquidation of
the obligor.
‘‘(B) PRE-EXISTING INDENTURE.—
‘‘(i) IN GENERAL.—The Secretary shall waive the
requirement of subparagraph (A) for a public agency
borrower that is financing ongoing capital programs
and has outstanding senior bonds under a preexisting
indenture, if—
‘‘(I) the line of credit is rated in the A category
or higher;
‘‘(II) the TIFIA program loan resulting from
a draw on the line of credit is payable from pledged
revenues not affected by project performance, such
as a tax-backed revenue pledge or a system-backed
pledge of project revenues; and
‘‘(III) the TIFIA program share of eligible
project costs is 33 percent or less.
‘‘(ii) LIMITATION.—If the Secretary waives the nonsubordination requirement under this subparagraph—
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‘‘(I) the maximum credit subsidy to be paid
by the Federal Government shall be not more than
10 percent of the principal amount of the secured
loan; and
‘‘(II) the obligor shall be responsible for paying
the remainder of the subsidy cost.
‘‘(9) FEES.—The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the Federal
Government of providing a line of credit under this section.
‘‘(10) RELATIONSHIP TO OTHER CREDIT INSTRUMENTS.—A
project that receives a line of credit under this section also
shall not receive a secured loan or loan guarantee under section
603 in an amount that, combined with the amount of the
line of credit, exceeds 49 percent of eligible project costs.
‘‘(c) REPAYMENT.—
‘‘(1) TERMS AND CONDITIONS.—The Secretary shall establish
repayment terms and conditions for each direct loan under
this section based on—
‘‘(A) the projected cash flow from project revenues and
other repayment sources; and
‘‘(B) the useful life of the asset being financed.
‘‘(2) TIMING.—All repayments of principal or interest on
a direct loan under this section shall be scheduled—
‘‘(A) to commence not later than 5 years after the
end of the period of availability specified in subsection
(b)(6); and
‘‘(B) to conclude, with full repayment of principal and
interest, by the date that is 25 years after the end of
the period of availability specified in subsection (b)(6).
‘‘§ 605. Program administration
‘‘(a) REQUIREMENT.—The Secretary shall establish a uniform
system to service the Federal credit instruments made available
under this chapter.
‘‘(b) FEES.—The Secretary may collect and spend fees, contingent on authority being provided in appropriations Acts, at a level
that is sufficient to cover—
‘‘(1) the costs of services of expert firms retained pursuant
to subsection (d); and
‘‘(2) all or a portion of the costs to the Federal Government
of servicing the Federal credit instruments.
‘‘(c) SERVICER.—
‘‘(1) IN GENERAL.—The Secretary may appoint a financial
entity to assist the Secretary in servicing the Federal credit
instruments.
‘‘(2) DUTIES.—A servicer appointed under paragraph (1)
shall act as the agent for the Secretary.
‘‘(3) FEE.—A servicer appointed under paragraph (1) shall
receive a servicing fee, subject to approval by the Secretary.
‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Secretary may
retain the services of expert firms, including counsel, in the field
of municipal and project finance to assist in the underwriting and
servicing of Federal credit instruments.
‘‘(e) EXPEDITED PROCESSING.—The Secretary shall implement
procedures and measures to economize the time and cost involved
in obtaining approval and the issuance of credit assistance under
this chapter.
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‘‘§ 606. State and local permits
‘‘The provision of credit assistance under this chapter with
respect to a project shall not—
‘‘(1) relieve any recipient of the assistance of any obligation
to obtain any required State or local permit or approval with
respect to the project;
‘‘(2) limit the right of any unit of State or local government
to approve or regulate any rate of return on private equity
invested in the project; or
‘‘(3) otherwise supersede any State or local law (including
any regulation) applicable to the construction or operation of
the project.
‘‘§ 607. Regulations
‘‘The Secretary may promulgate such regulations as the Secretary determines to be appropriate to carry out this chapter.
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‘‘§ 608. Funding
‘‘(a) FUNDING.—
‘‘(1) SPENDING AND BORROWING AUTHORITY.—Spending and
borrowing authority for a fiscal year to enter into Federal
credit instruments shall be promptly apportioned to the Secretary on a fiscal-year basis.
‘‘(2) REESTIMATES.—If the subsidy cost of a Federal credit
instrument is reestimated, the cost increase or decrease of
the reestimate shall be borne by, or benefit, the general fund
of the Treasury, consistent with section 504(f) the Congressional
Budget Act of 1974 (2 U.S.C. 661c(f)).
‘‘(3) RURAL SET-ASIDE.—
‘‘(A) IN GENERAL.—Of the total amount of funds made
available to carry out this chapter for each fiscal year,
not more than 10 percent shall be set aside for rural
infrastructure projects.
‘‘(B) REOBLIGATION.—Any amounts set aside under
subparagraph (A) that remain unobligated by June 1 of
the fiscal year for which the amounts were set aside shall
be available for obligation by the Secretary on projects
other than rural infrastructure projects.
‘‘(4) REDISTRIBUTION OF AUTHORIZED FUNDING.—
‘‘(A) IN GENERAL.—Beginning in fiscal year 2014, on
April 1 of each fiscal year, if the cumulative unobligated
and uncommitted balance of funding available exceeds 75
percent of the amount made available to carry out this
chapter for that fiscal year, the Secretary shall distribute
to the States the amount of funds and associated obligation
authority in excess of that amount.
‘‘(B) DISTRIBUTION.—The amounts and obligation
authority distributed under this paragraph shall be distributed, in the same manner as obligation authority is distributed to the States for the fiscal year, based on the proportion that—
‘‘(i) the relative share of each State of obligation
authority for the fiscal year; bears to
‘‘(ii) the total amount of obligation authority
distributed to all States for the fiscal year.
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‘‘(C) PURPOSE.—Funds distributed under subparagraph
(B) shall be available for any purpose described in section
133(b).
‘‘(5) AVAILABILITY.—Amounts made available to carry out
this chapter shall remain available until expended.
‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts made available to carry out this chapter, the Secretary may use not
more than 0.50 percent for each fiscal year for the administration of this chapter.
‘‘(b) CONTRACT AUTHORITY.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, execution of a term sheet by the Secretary of a Federal
credit instrument that uses amounts made available under
this chapter shall impose on the United States a contractual
obligation to fund the Federal credit investment.
‘‘(2) AVAILABILITY.—Amounts made available to carry out
this chapter for a fiscal year shall be available for obligation
on October 1 of the fiscal year.
‘‘§ 609. Reports to Congress
‘‘(a) IN GENERAL.—On June 1, 2012, and every 2 years thereafter, the Secretary shall submit to Congress a report summarizing
the financial performance of the projects that are receiving, or
have received, assistance under this chapter (other than section
610), including a recommendation as to whether the objectives
of this chapter (other than section 610) are best served by—
‘‘(1) continuing the program under the authority of the
Secretary;
‘‘(2) establishing a Federal corporation or federally sponsored enterprise to administer the program; or
‘‘(3) phasing out the program and relying on the capital
markets to fund the types of infrastructure investments assisted
by this chapter (other than section 610) without Federal participation.
‘‘(b) APPLICATION PROCESS REPORT.—
‘‘(1) IN GENERAL.—Not later than December 1, 2012, and
annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that includes a list of all of
the letters of interest and applications received from project
sponsors for assistance under this chapter (other than section
610) during the preceding fiscal year.
‘‘(2) INCLUSIONS.—
‘‘(A) IN GENERAL.—Each report under paragraph (1)
shall include, at a minimum, a description of, with respect
to each letter of interest and application included in the
report—
‘‘(i) the date on which the letter of interest or
application was received;
‘‘(ii) the date on which a notification was provided
to the project sponsor regarding whether the application was complete or incomplete;
‘‘(iii) the date on which a revised and completed
application was submitted (if applicable);
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‘‘(iv) the date on which a notification was provided
to the project sponsor regarding whether the project
was approved or disapproved; and
‘‘(v) if the project was not approved, the reason
for the disapproval.
‘‘(B) CORRESPONDENCE.—Each report under paragraph
(1) shall include copies of any correspondence provided
to the project sponsor in accordance with section 602(d).’’.
Federal Public
Transportation
Act of 2012.
49 USC 5101
note.
DIVISION B—PUBLIC TRANSPORTATION
SEC. 20001. SHORT TITLE.
This division may be cited as the ‘‘Federal Public Transportation Act of 2012’’.
SEC. 20002. REPEALS.
(a) CHAPTER 53.—Chapter 53 of title 49, United States Code,
is amended by striking sections 5308, 5316, 5317, 5320, and 5328.
(b) TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY.—
Section 3038 of the Transportation Equity Act for the 21st Century
(49 U.S.C. 5310 note) is repealed.
(c) SAFETEA–LU.—The following provisions are repealed:
(1) Section 3009(i) of SAFETEA–LU (Public Law 109–59;
119 Stat. 1572).
(2) Section 3011(c) of SAFETEA–LU (49 U.S.C. 5309 note).
(3) Section 3012(b) of SAFETEA–LU (49 U.S.C. 5310 note).
(4) Section 3045 of SAFETEA–LU (49 U.S.C. 5308 note).
(5) Section 3046 of SAFETEA–LU (49 U.S.C. 5338 note).
SEC. 20003. POLICIES AND PURPOSES.
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Section 5301 of title 49, United States Code, is amended to
read as follows:
‘‘§ 5301. Policies and purposes
‘‘(a) DECLARATION OF POLICY.—It is in the interest of the United
States, including the economic interest of the United States, to
foster the development and revitalization of public transportation
systems with the cooperation of both public transportation companies and private companies engaged in public transportation.
‘‘(b) GENERAL PURPOSES.—The purposes of this chapter are
to—
‘‘(1) provide funding to support public transportation;
‘‘(2) improve the development and delivery of capital
projects;
‘‘(3) establish standards for the state of good repair of
public transportation infrastructure and vehicles;
‘‘(4) promote continuing, cooperative, and comprehensive
planning that improves the performance of the transportation
network;
‘‘(5) establish a technical assistance program to assist
recipients under this chapter to more effectively and efficiently
provide public transportation service;
‘‘(6) continue Federal support for public transportation providers to deliver high quality service to all users, including
individuals with disabilities, seniors, and individuals who
depend on public transportation;
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‘‘(7) support research, development, demonstration, and
deployment projects dedicated to assisting in the delivery of
efficient and effective public transportation service; and
‘‘(8) promote the development of the public transportation
workforce.’’.
SEC. 20004. DEFINITIONS.
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Section 5302 of title 49, United States Code, is amended to
read as follows:
‘‘§ 5302. Definitions
‘‘Except as otherwise specifically provided, in this chapter the
following definitions apply:
‘‘(1) ASSOCIATED TRANSIT IMPROVEMENT.—The term ‘associated transit improvement’ means, with respect to any project
or an area to be served by a project, projects that are designed
to enhance public transportation service or use and that are
physically or functionally related to transit facilities. Eligible
projects are—
‘‘(A) historic preservation, rehabilitation, and operation
of historic public transportation buildings, structures, and
facilities (including historic bus and railroad facilities)
intended for use in public transportation service;
‘‘(B) bus shelters;
‘‘(C) landscaping and streetscaping, including benches,
trash receptacles, and street lights;
‘‘(D) pedestrian access and walkways;
‘‘(E) bicycle access, including bicycle storage facilities
and installing equipment for transporting bicycles on public
transportation vehicles;
‘‘(F) signage; or
‘‘(G) enhanced access for persons with disabilities to
public transportation.
‘‘(2) BUS RAPID TRANSIT SYSTEM.—The term ‘bus rapid
transit system’ means a bus transit system—
‘‘(A) in which the majority of each line operates in
a separated right-of-way dedicated for public transportation
use during peak periods; and
‘‘(B) that includes features that emulate the services
provided by rail fixed guideway public transportation systems, including—
‘‘(i) defined stations;
‘‘(ii) traffic signal priority for public transportation
vehicles;
‘‘(iii) short headway bidirectional services for a
substantial part of weekdays and weekend days; and
‘‘(iv) any other features the Secretary may determine are necessary to produce high-quality public
transportation services that emulate the services provided by rail fixed guideway public transportation systems.
‘‘(3) CAPITAL PROJECT.—The term ‘capital project’ means
a project for—
‘‘(A) acquiring, constructing, supervising, or inspecting
equipment or a facility for use in public transportation,
expenses incidental to the acquisition or construction
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126 STAT. 624
PUBLIC LAW 112–141—JULY 6, 2012
(including designing, engineering, location surveying, mapping, and acquiring rights-of-way), payments for the capital
portions of rail trackage rights agreements, transit-related
intelligent transportation systems, relocation assistance,
acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement
housing;
‘‘(B) rehabilitating a bus;
‘‘(C) remanufacturing a bus;
‘‘(D) overhauling rail rolling stock;
‘‘(E) preventive maintenance;
‘‘(F) leasing equipment or a facility for use in public
transportation, subject to regulations that the Secretary
prescribes limiting the leasing arrangements to those that
are more cost-effective than purchase or construction;
‘‘(G) a joint development improvement that—
‘‘(i) enhances economic development or incorporates private investment, such as commercial and
residential development;
‘‘(ii)(I) enhances the effectiveness of public
transportation and is related physically or functionally
to public transportation; or
‘‘(II) establishes new or enhanced coordination
between public transportation and other transportation;
‘‘(iii) provides a fair share of revenue that will
be used for public transportation;
‘‘(iv) provides that a person making an agreement
to occupy space in a facility constructed under this
paragraph shall pay a fair share of the costs of the
facility through rental payments and other means;
‘‘(v) may include—
‘‘(I) property acquisition;
‘‘(II) demolition of existing structures;
‘‘(III) site preparation;
‘‘(IV) utilities;
‘‘(V) building foundations;
‘‘(VI) walkways;
‘‘(VII) pedestrian and bicycle access to a public
transportation facility;
‘‘(VIII) construction, renovation, and improvement of intercity bus and intercity rail stations
and terminals;
‘‘(IX) renovation and improvement of historic
transportation facilities;
‘‘(X) open space;
‘‘(XI) safety and security equipment and facilities (including lighting, surveillance, and related
intelligent transportation system applications);
‘‘(XII) facilities that incorporate community
services such as daycare or health care;
‘‘(XIII) a capital project for, and improving,
equipment or a facility for an intermodal transfer
facility or transportation mall; and
‘‘(XIV) construction of space for commercial
uses; and
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‘‘(vi) does not include outfitting of commercial
space (other than an intercity bus or rail station or
terminal) or a part of a public facility not related
to public transportation;
‘‘(H) the introduction of new technology, through
innovative and improved products, into public transportation;
‘‘(I) the provision of nonfixed route paratransit
transportation services in accordance with section 223 of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12143), but only for grant recipients that are in compliance
with applicable requirements of that Act, including both
fixed route and demand responsive service, and only for
amounts not to exceed 10 percent of such recipient’s annual
formula apportionment under sections 5307 and 5311;
‘‘(J) establishing a debt service reserve, made up of
deposits with a bondholder’s trustee, to ensure the timely
payment of principal and interest on bonds issued by a
grant recipient to finance an eligible project under this
chapter;
‘‘(K) mobility management—
‘‘(i) consisting of short-range planning and management activities and projects for improving coordination
among public transportation and other transportation
service providers carried out by a recipient or subrecipient through an agreement entered into with a
person, including a governmental entity, under this
chapter (other than section 5309); but
‘‘(ii) excluding operating public transportation services; or
‘‘(L) associated capital maintenance, including—
‘‘(i) equipment, tires, tubes, and material, each
costing at least .5 percent of the current fair market
value of rolling stock comparable to the rolling stock
for which the equipment, tires, tubes, and material
are to be used; and
‘‘(ii) reconstruction of equipment and material,
each of which after reconstruction will have a fair
market value of at least .5 percent of the current
fair market value of rolling stock comparable to the
rolling stock for which the equipment and material
will be used.
‘‘(4) DESIGNATED RECIPIENT.—The term ‘designated
recipient’ means—
‘‘(A) an entity designated, in accordance with the planning process under sections 5303 and 5304, by the Governor
of a State, responsible local officials, and publicly owned
operators of public transportation, to receive and apportion
amounts under section 5336 to urbanized areas of 200,000
or more in population; or
‘‘(B) a State or regional authority, if the authority
is responsible under the laws of a State for a capital
project and for financing and directly providing public
transportation.
‘‘(5) DISABILITY.—The term ‘disability’ has the same
meaning as in section 3(1) of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(6) EMERGENCY REGULATION.—The term ‘emergency regulation’ means a regulation—
‘‘(A) that is effective temporarily before the expiration
of the otherwise specified periods of time for public notice
and comment under section 5334(c); and
‘‘(B) prescribed by the Secretary as the result of a
finding that a delay in the effective date of the regulation—
‘‘(i) would injure seriously an important public
interest;
‘‘(ii) would frustrate substantially legislative policy
and intent; or
‘‘(iii) would damage seriously a person or class
without serving an important public interest.
‘‘(7) FIXED GUIDEWAY.—The term ‘fixed guideway’ means
a public transportation facility—
‘‘(A) using and occupying a separate right-of-way for
the exclusive use of public transportation;
‘‘(B) using rail;
‘‘(C) using a fixed catenary system;
‘‘(D) for a passenger ferry system; or
‘‘(E) for a bus rapid transit system.
‘‘(8) GOVERNOR.—The term ‘Governor’—
‘‘(A) means the Governor of a State, the mayor of
the District of Columbia, and the chief executive officer
of a territory of the United States; and
‘‘(B) includes the designee of the Governor.
‘‘(9) JOB ACCESS AND REVERSE COMMUTE PROJECT.—
‘‘(A) IN GENERAL.—The term ‘job access and reverse
commute project’ means a transportation project to finance
planning, capital, and operating costs that support the
development and maintenance of transportation services
designed to transport welfare recipients and eligible lowincome individuals to and from jobs and activities related
to their employment, including transportation projects that
facilitate the provision of public transportation services
from urbanized areas and rural areas to suburban employment locations.
‘‘(B) DEFINITIONS.—In this paragraph:
‘‘(i) ELIGIBLE LOW-INCOME INDIVIDUAL.—The term
‘eligible low-income individual’ means an individual
whose family income is at or below 150 percent of
the poverty line (as that term is defined in section
673(2) of the Community Service Block Grant Act (42
U.S.C. 9902(2)), including any revision required by that
section) for a family of the size involved.
‘‘(ii) WELFARE RECIPIENT.—The term ‘welfare
recipient’ means an individual who has received assistance under a State or tribal program funded under
part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.) at any time during the 3-year period before
the date on which the applicant applies for a grant
under section 5307 or 5311.
‘‘(10) LOCAL GOVERNMENTAL AUTHORITY.—The term ‘local
governmental authority’ includes—
‘‘(A) a political subdivision of a State;
‘‘(B) an authority of at least 1 State or political subdivision of a State;
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‘‘(C) an Indian tribe; and
‘‘(D) a public corporation, board, or commission established under the laws of a State.
‘‘(11) LOW-INCOME INDIVIDUAL.—The term ‘low-income individual’ means an individual whose family income is at or below
150 percent of the poverty line, as that term is defined in
section 673(2) of the Community Services Block Grant Act
(42 U.S.C. 9902(2)), including any revision required by that
section, for a family of the size involved.
‘‘(12) NET PROJECT COST.—The term ‘net project cost’ means
the part of a project that reasonably cannot be financed from
revenues.
‘‘(13) NEW BUS MODEL.—The term ‘new bus model’ means
a bus model (including a model using alternative fuel)—
‘‘(A) that has not been used in public transportation
in the United States before the date of production of the
model; or
‘‘(B) used in public transportation in the United States,
but being produced with a major change in configuration
or components.
‘‘(14) PUBLIC TRANSPORTATION.—The term ‘public transportation’—
‘‘(A) means regular, continuing shared-ride surface
transportation services that are open to the general public
or open to a segment of the general public defined by
age, disability, or low income; and
‘‘(B) does not include—
‘‘(i) intercity passenger rail transportation provided
by the entity described in chapter 243 (or a successor
to such entity);
‘‘(ii) intercity bus service;
‘‘(iii) charter bus service;
‘‘(iv) school bus service;
‘‘(v) sightseeing service;
‘‘(vi) courtesy shuttle service for patrons of one
or more specific establishments; or
‘‘(vii) intra-terminal or intra-facility shuttle services.
‘‘(15) REGULATION.—The term ‘regulation’ means any part
of a statement of general or particular applicability of the
Secretary designed to carry out, interpret, or prescribe law
or policy in carrying out this chapter.
‘‘(16) RURAL AREA.—The term ‘rural area’ means an area
encompassing a population of less than 50,000 people that
has not been designated in the most recent decennial census
as an ‘urbanized area’ by the Secretary of Commerce.
‘‘(17) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation.
‘‘(18) SENIOR.—The term ‘senior’ means an individual who
is 65 years of age or older.
‘‘(19) STATE.—The term ‘State’ means a State of the United
States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, Guam, American Samoa, and the Virgin
Islands.
‘‘(20) STATE OF GOOD REPAIR.—The term ‘state of good
repair’ has the meaning given that term by the Secretary,
by rule, under section 5326(b).
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(21) TRANSIT.—The term ‘transit’ means public transportation.
‘‘(22) URBAN AREA.—The term ‘urban area’ means an area
that includes a municipality or other built-up place that the
Secretary, after considering local patterns and trends of urban
growth, decides is appropriate for a local public transportation
system to serve individuals in the locality.
‘‘(23) URBANIZED AREA.—The term ‘urbanized area’ means
an area encompassing a population of not less than 50,000
people that has been defined and designated in the most recent
decennial census as an ‘urbanized area’ by the Secretary of
Commerce.’’.
SEC. 20005. METROPOLITAN TRANSPORTATION PLANNING.
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(a) AMENDMENT.—Section 5303 of title 49, United States Code,
is amended to read as follows:
‘‘§ 5303. Metropolitan transportation planning
‘‘(a) POLICY.—It is in the national interest—
‘‘(1) to encourage and promote the safe and efficient
management, operation, and development of surface transportation systems that will serve the mobility needs of people
and freight and foster economic growth and development within
and between States and urbanized areas, while minimizing
transportation-related fuel consumption and air pollution
through metropolitan and statewide transportation planning
processes identified in this chapter; and
‘‘(2) to encourage the continued improvement and evolution
of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided
by the planning factors identified in subsection (h) and section
5304(d).
‘‘(b) DEFINITIONS.—In this section and section 5304, the following definitions apply:
‘‘(1) METROPOLITAN PLANNING AREA.—The term ‘metropolitan planning area’ means the geographic area determined by
agreement between the metropolitan planning organization for
the area and the Governor under subsection (e).
‘‘(2) METROPOLITAN PLANNING ORGANIZATION.—The term
‘metropolitan planning organization’ means the policy board
of an organization established as a result of the designation
process under subsection (d).
‘‘(3) NONMETROPOLITAN AREA.—The term ‘nonmetropolitan
area’ means a geographic area outside designated metropolitan
planning areas.
‘‘(4) NONMETROPOLITAN LOCAL OFFICIAL.—The term ‘nonmetropolitan local official’ means elected and appointed officials
of general purpose local government in a nonmetropolitan area
with responsibility for transportation.
‘‘(5) REGIONAL TRANSPORTATION PLANNING ORGANIZATION.—
The term ‘regional transportation planning organization’ means
a policy board of an organization established as the result
of a designation under section 5304(l).
‘‘(6) TIP.—The term ‘TIP’ means a transportation improvement program developed by a metropolitan planning organization under subsection (j).
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126 STAT. 629
‘‘(7) URBANIZED AREA.—The term ‘urbanized area’ means
a geographic area with a population of 50,000 or more, as
determined by the Bureau of the Census.
‘‘(c) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT OF LONG-RANGE PLANS AND TIPS.—To
accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall
develop long-range transportation plans and transportation
improvement programs through a performance-driven, outcomebased approach to planning for metropolitan areas of the State.
‘‘(2) CONTENTS.—The plans and TIPs for each metropolitan
area shall provide for the development and integrated management and operation of transportation systems and facilities
(including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan planning area and as an
integral part of an intermodal transportation system for the
State and the United States.
‘‘(3) PROCESS OF DEVELOPMENT.—The process for developing
the plans and TIPs shall provide for consideration of all modes
of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity
of the transportation problems to be addressed.
‘‘(d) DESIGNATION OF METROPOLITAN PLANNING ORGANIZATIONS.—
‘‘(1) IN GENERAL.—To carry out the transportation planning
process required by this section, a metropolitan planning
organization shall be designated for each urbanized area with
a population of more than 50,000 individuals—
‘‘(A) by agreement between the Governor and units
of general purpose local government that together represent
at least 75 percent of the affected population (including
the largest incorporated city (based on population) as determined by the Bureau of the Census); or
‘‘(B) in accordance with procedures established by
applicable State or local law.
‘‘(2) STRUCTURE.—Not later than 2 years after the date
of enactment of the Federal Public Transportation Act of 2012,
each metropolitan planning organization that serves an area
designated as a transportation management area shall consist
of—
‘‘(A) local elected officials;
‘‘(B) officials of public agencies that administer or
operate major modes of transportation in the metropolitan
area, including representation by providers of public
transportation; and
‘‘(C) appropriate State officials.
‘‘(3) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing
in this subsection shall be construed to interfere with the
authority, under any State law in effect on December 18, 1991,
of a public agency with multimodal transportation responsibilities—
‘‘(A) to develop the plans and TIPs for adoption by
a metropolitan planning organization; and
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‘‘(B) to develop long-range capital plans, coordinate
transit services and projects, and carry out other activities
pursuant to State law.
‘‘(4) CONTINUING DESIGNATION.—A designation of a metropolitan planning organization under this subsection or any
other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5).
‘‘(5) REDESIGNATION PROCEDURES.—
‘‘(A) IN GENERAL.—A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that
together represent at least 75 percent of the existing planning area population (including the largest incorporated
city (based on population) as determined by the Bureau
of the Census) as appropriate to carry out this section.
‘‘(B) RESTRUCTURING.—A metropolitan planning
organization may be restructured to meet the requirements
of paragraph (2) without undertaking a redesignation.
‘‘(6) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING
ORGANIZATION.—More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan
planning organization determine that the size and complexity
of the existing metropolitan planning area make designation
of more than 1 metropolitan planning organization for the
area appropriate.
‘‘(e) METROPOLITAN PLANNING AREA BOUNDARIES.—
‘‘(1) IN GENERAL.—For the purposes of this section, the
boundaries of a metropolitan planning area shall be determined
by agreement between the metropolitan planning organization
and the Governor.
‘‘(2) INCLUDED AREA.—Each metropolitan planning area—
‘‘(A) shall encompass at least the existing urbanized
area and the contiguous area expected to become urbanized
within a 20-year forecast period for the transportation plan;
and
‘‘(B) may encompass the entire metropolitan statistical
area or consolidated metropolitan statistical area, as
defined by the Bureau of the Census.
‘‘(3) IDENTIFICATION OF NEW URBANIZED AREAS WITHIN
EXISTING PLANNING AREA BOUNDARIES.—The designation by the
Bureau of the Census of new urbanized areas within an existing
metropolitan planning area shall not require the redesignation
of the existing metropolitan planning organization.
‘‘(4) EXISTING METROPOLITAN PLANNING AREAS IN NONATTAINMENT.—
‘‘(A) IN GENERAL.—Notwithstanding paragraph (2),
except as provided in subparagraph (B), in the case of
an urbanized area designated as a nonattainment area
for ozone or carbon monoxide under the Clean Air Act
(42 U.S.C. 7401 et seq.) as of the date of enactment of
the SAFETEA–LU, the boundaries of the metropolitan
planning area in existence as of such date of enactment
shall be retained.
‘‘(B) EXCEPTION.—The boundaries described in
subparagraph (A) may be adjusted by agreement of the
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Governor and affected metropolitan planning organizations
in the manner described in subsection (d)(5).
‘‘(5) NEW METROPOLITAN PLANNING AREAS IN NONATTAINMENT.—In the case of an urbanized area designated after the
date of enactment of the SAFETEA–LU, as a nonattainment
area for ozone or carbon monoxide, the boundaries of the metropolitan planning area—
‘‘(A) shall be established in the manner described in
subsection (d)(1);
‘‘(B) shall encompass the areas described in paragraph
(2)(A);
‘‘(C) may encompass the areas described in paragraph
(2)(B); and
‘‘(D) may address any nonattainment area identified
under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone
or carbon monoxide.
‘‘(f) COORDINATION IN MULTISTATE AREAS.—
‘‘(1) IN GENERAL.—The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the
entire metropolitan area.
‘‘(2) INTERSTATE COMPACTS.—The consent of Congress is
granted to any 2 or more States—
‘‘(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative
efforts and mutual assistance in support of activities
authorized under this section as the activities pertain to
interstate areas and localities within the States; and
‘‘(B) to establish such agencies, joint or otherwise, as
the States may determine desirable for making the agreements and compacts effective.
‘‘(3) RESERVATION OF RIGHTS.—The right to alter, amend,
or repeal interstate compacts entered into under this subsection
is expressly reserved.
‘‘(g) MPO CONSULTATION IN PLAN AND TIP COORDINATION.—
‘‘(1) NONATTAINMENT AREAS.—If more than 1 metropolitan
planning organization has authority within a metropolitan area
or an area which is designated as a nonattainment area for
ozone or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.), each metropolitan planning organization shall
consult with the other metropolitan planning organizations designated for such area and the State in the coordination of
plans and TIPs required by this section.
‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED IN MULTIPLE
MPOS.—If a transportation improvement, funded under this
chapter or title 23, is located within the boundaries of more
than 1 metropolitan planning area, the metropolitan planning
organizations shall coordinate plans and TIPs regarding the
transportation improvement.
‘‘(3) RELATIONSHIP WITH OTHER PLANNING OFFICIALS.—
‘‘(A) IN GENERAL.—The Secretary shall encourage each
metropolitan planning organization to consult with officials
responsible for other types of planning activities that are
affected by transportation in the area (including State and
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PUBLIC LAW 112–141—JULY 6, 2012
local planned growth, economic development, environmental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities.
‘‘(B) REQUIREMENTS.—Under the metropolitan planning process, transportation plans and TIPs shall be developed with due consideration of other related planning
activities within the metropolitan area, and the process
shall provide for the design and delivery of transportation
services within the metropolitan area that are provided
by—
‘‘(i) recipients of assistance under this chapter;
‘‘(ii) governmental agencies and nonprofit organizations (including representatives of the agencies and
organizations) that receive Federal assistance from a
source other than the Department of Transportation
to provide nonemergency transportation services; and
‘‘(iii) recipients of assistance under section 204 of
title 23.
‘‘(h) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—The metropolitan planning process for
a metropolitan planning area under this section shall provide
for consideration of projects and strategies that will—
‘‘(A) support the economic vitality of the metropolitan
area, especially by enabling global competitiveness, productivity, and efficiency;
‘‘(B) increase the safety of the transportation system
for motorized and nonmotorized users;
‘‘(C) increase the security of the transportation system
for motorized and nonmotorized users;
‘‘(D) increase the accessibility and mobility of people
and for freight;
‘‘(E) protect and enhance the environment, promote
energy conservation, improve the quality of life, and promote consistency between transportation improvements
and State and local planned growth and economic development patterns;
‘‘(F) enhance the integration and connectivity of the
transportation system, across and between modes, for
people and freight;
‘‘(G) promote efficient system management and operation; and
‘‘(H) emphasize the preservation of the existing
transportation system.
‘‘(2) PERFORMANCE-BASED APPROACH.—
‘‘(A) IN GENERAL.—The metropolitan transportation
planning process shall provide for the establishment and
use of a performance-based approach to transportation
decisionmaking to support the national goals described in
section 150(b) of title 23 and the general purposes described
in section 5301.
‘‘(B) PERFORMANCE TARGETS.—
‘‘(i) SURFACE TRANSPORTATION PERFORMANCE TARGETS.—
‘‘(I) IN GENERAL.—Each metropolitan planning
organization shall establish performance targets
that address the performance measures described
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in section 150(c) of title 23, where applicable, to
use in tracking progress towards attainment of
critical outcomes for the region of the metropolitan
planning organization.
‘‘(II) COORDINATION.—Selection of performance
targets by a metropolitan planning organization
shall be coordinated with the relevant State to
ensure consistency, to the maximum extent practicable.
‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE TARGETS.—Selection of performance targets by a metropolitan planning organization shall be coordinated, to the
maximum extent practicable, with providers of public
transportation to ensure consistency with sections
5326(c) and 5329(d).
‘‘(C) TIMING.—Each metropolitan planning organization
shall establish the performance targets under subparagraph (B) not later than 180 days after the date on which
the relevant State or provider of public transportation
establishes the performance targets.
‘‘(D) INTEGRATION OF OTHER PERFORMANCE-BASED
PLANS.—A
metropolitan planning organization shall
integrate in the metropolitan transportation planning
process, directly or by reference, the goals, objectives,
performance measures, and targets described in other State
transportation plans and transportation processes, as well
as any plans developed by recipients of assistance under
this chapter, required as part of a performance-based program.
‘‘(3) FAILURE TO CONSIDER FACTORS.—The failure to consider any factor specified in paragraphs (1) and (2) shall not
be reviewable by any court under this chapter, title 23, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in
any matter affecting a transportation plan, a TIP, a project
or strategy, or the certification of a planning process.
‘‘(i) DEVELOPMENT OF TRANSPORTATION PLAN.—
‘‘(1) REQUIREMENTS.—
‘‘(A) IN GENERAL.—Each metropolitan planning
organization shall prepare and update a transportation
plan for its metropolitan planning area in accordance with
the requirements of this subsection.
‘‘(B) FREQUENCY.—
‘‘(i) IN GENERAL.—The metropolitan planning
organization shall prepare and update such plan every
4 years (or more frequently, if the metropolitan planning organization elects to update more frequently)
in the case of each of the following:
‘‘(I) Any area designated as nonattainment,
as defined in section 107(d) of the Clean Air Act
(42 U.S.C. 7407(d)).
‘‘(II) Any area that was nonattainment and
subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C.
7407(d)(3)) and that is subject to a maintenance
plan under section 175A of that Act (42 U.S.C.
7505a).
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‘‘(ii) OTHER AREAS.—In the case of any other area
required to have a transportation plan in accordance
with the requirements of this subsection, the metropolitan planning organization shall prepare and update
such plan every 5 years unless the metropolitan planning organization elects to update more frequently.
‘‘(2) TRANSPORTATION PLAN.—A transportation plan under
this section shall be in a form that the Secretary determines
to be appropriate and shall contain, at a minimum, the following:
‘‘(A) IDENTIFICATION OF TRANSPORTATION FACILITIES.—
‘‘(i) IN GENERAL.—An identification of transportation facilities (including major roadways, transit,
multimodal and intermodal facilities, nonmotorized
transportation facilities, and intermodal connectors)
that should function as an integrated metropolitan
transportation system, giving emphasis to those facilities that serve important national and regional
transportation functions.
‘‘(ii) FACTORS.—In formulating the transportation
plan, the metropolitan planning organization shall consider factors described in subsection (h) as the factors
relate to a 20-year forecast period.
‘‘(B) PERFORMANCE MEASURES AND TARGETS.—A
description of the performance measures and performance
targets used in assessing the performance of the transportation system in accordance with subsection (h)(2).
‘‘(C) SYSTEM PERFORMANCE REPORT.—A system
performance report and subsequent updates evaluating the
condition and performance of the transportation system
with respect to the performance targets described in subsection (h)(2), including—
‘‘(i) progress achieved by the metropolitan planning
organization in meeting the performance targets in
comparison with system performance recorded in previous reports; and
‘‘(ii) for metropolitan planning organizations that
voluntarily elect to develop multiple scenarios, an analysis of how the preferred scenario has improved the
conditions and performance of the transportation
system and how changes in local policies and investments have impacted the costs necessary to achieve
the identified performance targets.
‘‘(D) MITIGATION ACTIVITIES.—
‘‘(i) IN GENERAL.—A long-range transportation plan
shall include a discussion of types of potential environmental mitigation activities and potential areas to
carry out these activities, including activities that may
have the greatest potential to restore and maintain
the environmental functions affected by the plan.
‘‘(ii) CONSULTATION.—The discussion shall be
developed in consultation with Federal, State, and
tribal wildlife, land management, and regulatory agencies.
‘‘(E) FINANCIAL PLAN.—
‘‘(i) IN GENERAL.—A financial plan that—
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‘‘(I) demonstrates how the adopted transportation plan can be implemented;
‘‘(II) indicates resources from public and private sources that are reasonably expected to be
made available to carry out the plan; and
‘‘(III) recommends any additional financing
strategies for needed projects and programs.
‘‘(ii) INCLUSIONS.—The financial plan may include,
for illustrative purposes, additional projects that would
be included in the adopted transportation plan if
reasonable additional resources beyond those identified
in the financial plan were available.
‘‘(iii) COOPERATIVE DEVELOPMENT.—For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and
State shall cooperatively develop estimates of funds
that will be available to support plan implementation.
‘‘(F) OPERATIONAL AND MANAGEMENT STRATEGIES.—
Operational and management strategies to improve the
performance of existing transportation facilities to relieve
vehicular congestion and maximize the safety and mobility
of people and goods.
‘‘(G) CAPITAL INVESTMENT AND OTHER STRATEGIES.—
Capital investment and other strategies to preserve the
existing and projected future metropolitan transportation
infrastructure and provide for multimodal capacity
increases based on regional priorities and needs.
‘‘(H) TRANSPORTATION AND TRANSIT ENHANCEMENT
ACTIVITIES.—Proposed transportation and transit enhancement activities.
‘‘(3) COORDINATION WITH CLEAN AIR ACT AGENCIES.—In
metropolitan areas that are in nonattainment for ozone or
carbon monoxide under the Clean Air Act (42 U.S.C. 7401
et seq.), the metropolitan planning organization shall coordinate
the development of a transportation plan with the process
for development of the transportation control measures of the
State implementation plan required by that Act.
‘‘(4) OPTIONAL SCENARIO DEVELOPMENT.—
‘‘(A) IN GENERAL.—A metropolitan planning organization may, while fitting the needs and complexity of its
community, voluntarily elect to develop multiple scenarios
for consideration as part of the development of the metropolitan transportation plan, in accordance with subparagraph (B).
‘‘(B) RECOMMENDED COMPONENTS.—A metropolitan
planning organization that chooses to develop multiple scenarios under subparagraph (A) shall be encouraged to consider—
‘‘(i) potential regional investment strategies for the
planning horizon;
‘‘(ii) assumed distribution of population and
employment;
‘‘(iii) a scenario that, to the maximum extent practicable, maintains baseline conditions for the performance measures identified in subsection (h)(2);
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‘‘(iv) a scenario that improves the baseline conditions for as many of the performance measures identified in subsection (h)(2) as possible;
‘‘(v) revenue constrained scenarios based on the
total revenues expected to be available over the forecast
period of the plan; and
‘‘(vi) estimated costs and potential revenues available to support each scenario.
‘‘(C) METRICS.—In addition to the performance measures identified in section 150(c) of title 23, metropolitan
planning organizations may evaluate scenarios developed
under this paragraph using locally-developed measures.
‘‘(5) CONSULTATION.—
‘‘(A) IN GENERAL.—In each metropolitan area, the
metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land
use management, natural resources, environmental protection, conservation, and historic preservation concerning the
development of a long-range transportation plan.
‘‘(B) ISSUES.—The consultation shall involve, as appropriate—
‘‘(i) comparison of transportation plans with State
conservation plans or maps, if available; or
‘‘(ii) comparison of transportation plans to inventories of natural or historic resources, if available.
‘‘(6) PARTICIPATION BY INTERESTED PARTIES.—
‘‘(A) IN GENERAL.—Each metropolitan planning
organization shall provide citizens, affected public agencies,
representatives of public transportation employees, freight
shippers, providers of freight transportation services, private providers of transportation, representatives of users
of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties
with a reasonable opportunity to comment on the transportation plan.
‘‘(B) CONTENTS OF PARTICIPATION PLAN.—A participation plan—
‘‘(i) shall be developed in consultation with all
interested parties; and
‘‘(ii) shall provide that all interested parties have
reasonable opportunities to comment on the contents
of the transportation plan.
‘‘(C) METHODS.—In carrying out subparagraph (A), the
metropolitan planning organization shall, to the maximum
extent practicable—
‘‘(i) hold any public meetings at convenient and
accessible locations and times;
‘‘(ii) employ visualization techniques to describe
plans; and
‘‘(iii) make public information available in electronically accessible format and means, such as the
World Wide Web, as appropriate to afford reasonable
opportunity for consideration of public information
under subparagraph (A).
‘‘(7) PUBLICATION.—A transportation plan involving Federal
participation shall be published or otherwise made readily
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available by the metropolitan planning organization for public
review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World
Wide Web, approved by the metropolitan planning organization
and submitted for information purposes to the Governor at
such times and in such manner as the Secretary shall establish.
‘‘(8) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—
Notwithstanding paragraph (2)(C), a State or metropolitan
planning organization shall not be required to select any project
from the illustrative list of additional projects included in the
financial plan under paragraph (2)(C).
‘‘(j) METROPOLITAN TIP.—
‘‘(1) DEVELOPMENT.—
‘‘(A) IN GENERAL.—In cooperation with the State and
any affected public transportation operator, the metropolitan planning organization designated for a metropolitan
area shall develop a TIP for the metropolitan planning
area that—
‘‘(i) contains projects consistent with the current
metropolitan transportation plan;
‘‘(ii) reflects the investment priorities established
in the current metropolitan transportation plan; and
‘‘(iii) once implemented, is designed to make
progress toward achieving the performance targets
established under subsection (h)(2).
‘‘(B) OPPORTUNITY FOR COMMENT.—In developing the
TIP, the metropolitan planning organization, in cooperation
with the State and any affected public transportation operator, shall provide an opportunity for participation by
interested parties in the development of the program, in
accordance with subsection (i)(5).
‘‘(C) FUNDING ESTIMATES.—For the purpose of developing the TIP, the metropolitan planning organization,
public transportation agency, and State shall cooperatively
develop estimates of funds that are reasonably expected
to be available to support program implementation.
‘‘(D) UPDATING AND APPROVAL.—The TIP shall be—
‘‘(i) updated at least once every 4 years; and
‘‘(ii) approved by the metropolitan planning
organization and the Governor.
‘‘(2) CONTENTS.—
‘‘(A) PRIORITY LIST.—The TIP shall include a priority
list of proposed Federally supported projects and strategies
to be carried out within each 4-year period after the initial
adoption of the TIP.
‘‘(B) FINANCIAL PLAN.—The TIP shall include a financial plan that—
‘‘(i) demonstrates how the TIP can be implemented;
‘‘(ii) indicates resources from public and private
sources that are reasonably expected to be available
to carry out the program;
‘‘(iii) identifies innovative financing techniques to
finance projects, programs, and strategies; and
‘‘(iv) may include, for illustrative purposes, additional projects that would be included in the approved
TIP if reasonable additional resources beyond those
identified in the financial plan were available.
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(C) DESCRIPTIONS.—Each project in the TIP shall
include sufficient descriptive material (such as type of work,
termini, length, and other similar factors) to identify the
project or phase of the project.
‘‘(D) PERFORMANCE TARGET ACHIEVEMENT.—The
transportation improvement program shall include, to the
maximum extent practicable, a description of the anticipated effect of the transportation improvement program
toward achieving the performance targets established in
the metropolitan transportation plan, linking investment
priorities to those performance targets.
‘‘(3) INCLUDED PROJECTS.—
‘‘(A) PROJECTS UNDER THIS CHAPTER AND TITLE 23.—
A TIP developed under this subsection for a metropolitan
area shall include the projects within the area that are
proposed for funding under this chapter and chapter 1
of title 23.
‘‘(B) PROJECTS UNDER CHAPTER 2 OF TITLE 23.—
‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Regionally significant projects proposed for funding under
chapter 2 of title 23 shall be identified individually
in the transportation improvement program.
‘‘(ii) OTHER PROJECTS.—Projects proposed for
funding under chapter 2 of title 23 that are not determined to be regionally significant shall be grouped
in 1 line item or identified individually in the transportation improvement program.
‘‘(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION
PLAN.—Each project shall be consistent with the long-range
transportation plan developed under subsection (i) for the
area.
‘‘(D) REQUIREMENT OF ANTICIPATED FULL FUNDING.—
The program shall include a project, or an identified phase
of a project, only if full funding can reasonably be anticipated to be available for the project or the identified phase
within the time period contemplated for completion of the
project or the identified phase.
‘‘(4) NOTICE AND COMMENT.—Before approving a TIP, a
metropolitan planning organization, in cooperation with the
State and any affected public transportation operator, shall
provide an opportunity for participation by interested parties
in the development of the program, in accordance with subsection (i)(5).
‘‘(5) SELECTION OF PROJECTS.—
‘‘(A) IN GENERAL.—Except as otherwise provided in
subsection (k)(4) and in addition to the TIP development
required under paragraph (1), the selection of Federally
funded projects in metropolitan areas shall be carried out,
from the approved TIP—
‘‘(i) by—
‘‘(I) in the case of projects under title 23, the
State; and
‘‘(II) in the case of projects under this chapter,
the designated recipients of public transportation
funding; and
‘‘(ii) in cooperation with the metropolitan planning
organization.
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‘‘(B) MODIFICATIONS TO PROJECT PRIORITY.—Notwithstanding any other provision of law, action by the Secretary
shall not be required to advance a project included in
the approved TIP in place of another project in the program.
‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—
‘‘(A) NO REQUIRED SELECTION.—Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the
illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv).
‘‘(B) REQUIRED ACTION BY THE SECRETARY.—Action by
the Secretary shall be required for a State or metropolitan
planning organization to select any project from the illustrative list of additional projects included in the financial
plan under paragraph (2)(B)(iv) for inclusion in an approved
TIP.
‘‘(7) PUBLICATION.—
‘‘(A) PUBLICATION OF TIPS.—A TIP involving Federal
participation shall be published or otherwise made readily
available by the metropolitan planning organization for
public review.
‘‘(B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS.—
‘‘(i) IN GENERAL.—An annual listing of projects,
including investments in pedestrian walkways and
bicycle transportation facilities, for which Federal
funds have been obligated in the preceding year shall
be published or otherwise made available by the
cooperative effort of the State, transit operator, and
metropolitan planning organization for public review.
‘‘(ii) REQUIREMENT.—The listing shall be consistent
with the categories identified in the TIP.
‘‘(k) TRANSPORTATION MANAGEMENT AREAS.—
‘‘(1) IDENTIFICATION AND DESIGNATION.—
‘‘(A) REQUIRED IDENTIFICATION.—The Secretary shall
identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with
a population of over 200,000 individuals.
‘‘(B) DESIGNATIONS ON REQUEST.—The Secretary shall
designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area.
‘‘(2) TRANSPORTATION PLANS.—In a transportation management area, transportation plans shall be based on a continuing
and comprehensive transportation planning process carried out
by the metropolitan planning organization in cooperation with
the State and public transportation operators.
‘‘(3) CONGESTION MANAGEMENT PROCESS.—
‘‘(A) IN GENERAL.—Within a metropolitan planning
area serving a transportation management area, the
transportation planning process under this section shall
address congestion management through a process that
provides for effective management and operation, based
on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under this chapter and title 23
through the use of travel demand reduction and operational
management strategies.
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‘‘(B) SCHEDULE.—The Secretary shall establish an
appropriate phase-in schedule for compliance with the
requirements of this section but no sooner than 1 year
after the identification of a transportation management
area.
‘‘(4) SELECTION OF PROJECTS.—
‘‘(A) IN GENERAL.—All Federally funded projects carried
out within the boundaries of a metropolitan planning area
serving a transportation management area under title 23
(excluding projects carried out on the National Highway
System) or under this chapter shall be selected for
implementation from the approved TIP by the metropolitan
planning organization designated for the area in consultation with the State and any affected public transportation
operator.
‘‘(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects
carried out within the boundaries of a metropolitan planning area serving a transportation management area on
the National Highway System shall be selected for
implementation from the approved TIP by the State in
cooperation with the metropolitan planning organization
designated for the area.
‘‘(5) CERTIFICATION.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) ensure that the metropolitan planning process
of a metropolitan planning organization serving a
transportation management area is being carried out
in accordance with applicable provisions of Federal
law; and
‘‘(ii) subject to subparagraph (B), certify, not less
often than once every 4 years, that the requirements
of this paragraph are met with respect to the metropolitan planning process.
‘‘(B) REQUIREMENTS FOR CERTIFICATION.—The Secretary may make the certification under subparagraph (A)
if—
‘‘(i) the transportation planning process complies
with the requirements of this section and other
applicable requirements of Federal law; and
‘‘(ii) there is a TIP for the metropolitan planning
area that has been approved by the metropolitan planning organization and the Governor.
‘‘(C) EFFECT OF FAILURE TO CERTIFY.—
‘‘(i) WITHHOLDING OF PROJECT FUNDS.—If a metropolitan planning process of a metropolitan planning
organization serving a transportation management
area is not certified, the Secretary may withhold up
to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning
organization for projects funded under this chapter
and title 23.
‘‘(ii) RESTORATION OF WITHHELD FUNDS.—The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning
process is certified by the Secretary.
‘‘(D) REVIEW OF CERTIFICATION.—In making certification determinations under this paragraph, the Secretary
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shall provide for public involvement appropriate to the
metropolitan area under review.
‘‘(l) REPORT ON PERFORMANCE-BASED PLANNING PROCESSES.—
‘‘(1) IN GENERAL.—The Secretary shall submit to Congress
a report on the effectiveness of the performance-based planning
processes of metropolitan planning organizations under this
section, taking into consideration the requirements of this subsection
‘‘(2) REPORT.—Not later than 5 years after the date of
enactment of the Federal Public Transportation Act of 2012,
the Secretary shall submit to Congress a report evaluating—
‘‘(A) the overall effectiveness of performance-based
planning as a tool for guiding transportation investments;
‘‘(B) the effectiveness of the performance-based planning process of each metropolitan planning organization
under this section;
‘‘(C) the extent to which metropolitan planning
organizations have achieved, or are currently making
substantial progress toward achieving, the performance targets specified under this section and whether metropolitan
planning organizations are developing meaningful performance targets; and
‘‘(D) the technical capacity of metropolitan planning
organizations that operate within a metropolitan planning
area of less than 200,000 and their ability to carry out
the requirements of this section.
‘‘(3) PUBLICATION.—The report under paragraph (2) shall
be published or otherwise made available in electronically accessible formats and means, including on the Internet.
‘‘(m) ABBREVIATED PLANS FOR CERTAIN AREAS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), in the case
of a metropolitan area not designated as a transportation
management area under this section, the Secretary may provide
for the development of an abbreviated transportation plan and
TIP for the metropolitan planning area that the Secretary
determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area.
‘‘(2) NONATTAINMENT AREAS.—The Secretary may not
permit abbreviated plans or TIPs for a metropolitan area that
is in nonattainment for ozone or carbon monoxide under the
Clean Air Act (42 U.S.C. 7401 et seq.).
‘‘(n) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT
AREAS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provisions
of this chapter or title 23, for transportation management areas
classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.), Federal
funds may not be advanced in such area for any highway
project that will result in a significant increase in the carrying
capacity for single-occupant vehicles unless the project is
addressed through a congestion management process.
‘‘(2) APPLICABILITY.—This subsection applies to a nonattainment area within the metropolitan planning area boundaries
determined under subsection (e).
‘‘(o) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this
section shall be construed to confer on a metropolitan planning
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49 USC 5303
note.
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PUBLIC LAW 112–141—JULY 6, 2012
organization the authority to impose legal requirements on any
transportation facility, provider, or project not eligible under this
chapter or title 23.
‘‘(p) FUNDING.—Funds set aside under section 104(f) of title
23 or section 5305(g) shall be available to carry out this section.
‘‘(q) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since
plans and TIPs described in this section are subject to a reasonable
opportunity for public comment, since individual projects included
in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since
decisions by the Secretary concerning plans and TIPs described
in this section have not been reviewed under that Act as of January
1, 1997, any decision by the Secretary concerning a plan or TIP
described in this section shall not be considered to be a Federal
action subject to review under that Act.’’.
(b) PILOT PROGRAM FOR TRANSIT-ORIENTED DEVELOPMENT
PLANNING.—
(1) DEFINITIONS.—In this subsection the following definitions shall apply:
(A) ELIGIBLE PROJECT.—The term ‘‘eligible project’’
means a new fixed guideway capital project or a core
capacity improvement project, as those terms are defined
in section 5309 of title 49, United States Code, as amended
by this division.
(B) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation.
(2) GENERAL AUTHORITY.—The Secretary may make grants
under this subsection to a State or local governmental authority
to assist in financing comprehensive planning associated with
an eligible project that seeks to—
(A) enhance economic development, ridership, and
other goals established during the project development and
engineering processes;
(B) facilitate multimodal connectivity and accessibility;
(C) increase access to transit hubs for pedestrian and
bicycle traffic;
(D) enable mixed-use development;
(E) identify infrastructure needs associated with the
eligible project; and
(F) include private sector participation.
(3) ELIGIBILITY.—A State or local governmental authority
that desires to participate in the program under this subsection
shall submit to the Secretary an application that contains,
at a minimum—
(A) identification of an eligible project;
(B) a schedule and process for the development of
a comprehensive plan;
(C) a description of how the eligible project and the
proposed comprehensive plan advance the metropolitan
transportation plan of the metropolitan planning organization;
(D) proposed performance criteria for the development
and implementation of the comprehensive plan; and
(E) identification of—
(i) partners;
(ii) availability of and authority for funding; and
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(iii) potential State, local or other impediments
to the implementation of the comprehensive plan.
SEC. 20006. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION
PLANNING.
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Section 5304 of title 49, United States Code, is amended to
read as follows:
‘‘§ 5304. Statewide and nonmetropolitan transportation planning
‘‘(a) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT OF PLANS AND PROGRAMS.—Subject to
section 5303, to accomplish the objectives stated in section
5303(a), each State shall develop a statewide transportation
plan and a statewide transportation improvement program for
all areas of the State.
‘‘(2) CONTENTS.—The statewide transportation plan and the
transportation improvement program developed for each State
shall provide for the development and integrated management
and operation of transportation systems and facilities (including
accessible pedestrian walkways and bicycle transportation
facilities) that will function as an intermodal transportation
system for the State and an integral part of an intermodal
transportation system for the United States.
‘‘(3) PROCESS OF DEVELOPMENT.—The process for developing
the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 5303(a) and shall
be continuing, cooperative, and comprehensive to the degree
appropriate, based on the complexity of the transportation problems to be addressed.
‘‘(b) COORDINATION WITH METROPOLITAN PLANNING; STATE
IMPLEMENTATION PLAN.—A State shall—
‘‘(1) coordinate planning carried out under this section with
the transportation planning activities carried out under section
5303 for metropolitan areas of the State and with statewide
trade and economic development planning activities and related
multistate planning efforts; and
‘‘(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act (42
U.S.C. 7401 et seq.).
‘‘(c) INTERSTATE AGREEMENTS.—
‘‘(1) IN GENERAL.—Two or more States may enter into
agreements or compacts, not in conflict with any law of the
United States, for cooperative efforts and mutual assistance
in support of activities authorized under this section related
to interstate areas and localities in the States and establishing
authorities the States consider desirable for making the agreements and compacts effective.
‘‘(2) RESERVATION OF RIGHTS.—The right to alter, amend,
or repeal interstate compacts entered into under this subsection
is expressly reserved.
‘‘(d) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—Each State shall carry out a statewide
transportation planning process that provides for consideration
and implementation of projects, strategies, and services that
will—
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126 STAT. 644
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(A) support the economic vitality of the United States,
the States, nonmetropolitan areas, and metropolitan areas,
especially by enabling global competitiveness, productivity,
and efficiency;
‘‘(B) increase the safety of the transportation system
for motorized and nonmotorized users;
‘‘(C) increase the security of the transportation system
for motorized and nonmotorized users;
‘‘(D) increase the accessibility and mobility of people
and freight;
‘‘(E) protect and enhance the environment, promote
energy conservation, improve the quality of life, and promote consistency between transportation improvements
and State and local planned growth and economic development patterns;
‘‘(F) enhance the integration and connectivity of the
transportation system, across and between modes throughout the State, for people and freight;
‘‘(G) promote efficient system management and operation; and
‘‘(H) emphasize the preservation of the existing
transportation system.
‘‘(2) PERFORMANCE-BASED APPROACH.—
‘‘(A) IN GENERAL.—The statewide transportation planning process shall provide for the establishment and use
of a performance-based approach to transportation decisionmaking to support the national goals described in section
150(b) of title 23 and the general purposes described in
section 5301.
‘‘(B) PERFORMANCE TARGETS.—
‘‘(i) SURFACE TRANSPORTATION PERFORMANCE TARGETS.—
‘‘(I) IN GENERAL.—Each State shall establish
performance targets that address the performance
measures described in section 150(c) of title 23,
where applicable, to use in tracking progress
towards attainment of critical outcomes for the
State.
‘‘(II) COORDINATION.—Selection of performance
targets by a State shall be coordinated with the
relevant metropolitan planning organizations to
ensure consistency, to the maximum extent practicable.
‘‘(ii) PUBLIC TRANSPORTATION PERFORMANCE TARGETS.—In urbanized areas with a population of fewer
than 200,000 individuals, as calculated according to
the most recent decennial census, and not represented
by a metropolitan planning organization, selection of
performance targets by a State shall be coordinated,
to the maximum extent practicable, with providers of
public transportation to ensure consistency with sections 5326(c) and 5329(d).
‘‘(C) INTEGRATION OF OTHER PERFORMANCE-BASED
PLANS.—A State shall integrate into the statewide transportation planning process, directly or by reference, the goals,
objectives, performance measures, and targets described
in this paragraph, in other State transportation plans and
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 645
transportation processes, as well as any plans developed
pursuant to title 23 by providers of public transportation
in urbanized areas with a population of fewer than 200,000
individuals, as calculated according to the most recent
decennial census, and not represented by a metropolitan
planning organization, required as part of a performancebased program.
‘‘(D) USE OF PERFORMANCE MEASURES AND TARGETS.—
The performance measures and targets established under
this paragraph shall be considered by a State when developing policies, programs, and investment priorities reflected
in the statewide transportation plan and statewide
transportation improvement program.
‘‘(3) FAILURE TO CONSIDER FACTORS.—The failure to take
into consideration the factors specified in paragraphs (1) and
(2) shall not be subject to review by any court under this
chapter, title 23, subchapter II of chapter 5 of title 5, or chapter
7 of title 5 in any matter affecting a statewide transportation
plan, a statewide transportation improvement program, a
project or strategy, or the certification of a planning process.
‘‘(e) ADDITIONAL REQUIREMENTS.—‘‘In carrying out planning
under this section, each State shall, at a minimum—
‘‘(1) with respect to nonmetropolitan areas, cooperate with
affected local officials with responsibility for transportation or,
if applicable, through regional transportation planning
organizations described in subsection (l);
‘‘(2) consider the concerns of Indian tribal governments
and Federal land management agencies that have jurisdiction
over land within the boundaries of the State; and
‘‘(3) consider coordination of transportation plans, the
transportation improvement program, and planning activities
with related planning activities being carried out outside of
metropolitan planning areas and between States.
‘‘(f) LONG-RANGE STATEWIDE TRANSPORTATION PLAN.—
‘‘(1) DEVELOPMENT.—Each State shall develop a long-range
statewide transportation plan, with a minimum 20-year forecast
period for all areas of the State, that provides for the development and implementation of the intermodal transportation
system of the State.
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
‘‘(A) METROPOLITAN AREAS.—The statewide transportation plan shall be developed for each metropolitan area
in the State in cooperation with the metropolitan planning
organization designated for the metropolitan area under
section 5303.
‘‘(B) NONMETROPOLITAN AREAS.—
‘‘(i) IN GENERAL.—With respect to nonmetropolitan
areas, the statewide transportation plan shall be developed in cooperation with affected nonmetropolitan officials with responsibility for transportation or, if
applicable, through regional transportation planning
organizations described in subsection (l).
‘‘(ii) ROLE OF SECRETARY.—The Secretary shall not
review or approve the consultation process in each
State.
‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area
of the State under the jurisdiction of an Indian tribal
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government, the statewide transportation plan shall be
developed in consultation with the tribal government and
the Secretary of the Interior.
‘‘(D) CONSULTATION, COMPARISON, AND CONSIDERATION.—
‘‘(i) IN GENERAL.—The long-range transportation
plan shall be developed, as appropriate, in consultation
with State, tribal, and local agencies responsible for
land use management, natural resources, environmental protection, conservation, and historic preservation.
‘‘(ii) COMPARISON AND CONSIDERATION.—Consultation under clause (i) shall involve comparison of
transportation plans to State and tribal conservation
plans or maps, if available, and comparison of transportation plans to inventories of natural or historic
resources, if available.
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—
‘‘(A) IN GENERAL.—In developing the statewide
transportation plan, the State shall provide to—
‘‘(i) nonmetropolitan local elected officials, or, if
applicable, through regional transportation planning
organizations described in subsection (l), an opportunity to participate in accordance with subparagraph
(B)(i); and
‘‘(ii) citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, representatives of users of public transportation, representatives
of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other
interested parties a reasonable opportunity to comment
on the proposed plan.
‘‘(B) METHODS.—In carrying out subparagraph (A), the
State shall, to the maximum extent practicable—
‘‘(i) develop and document a consultative process
to carry out subparagraph (A)(i) that is separate and
discrete from the public involvement process developed
under clause (ii);
‘‘(ii) hold any public meetings at convenient and
accessible locations and times;
‘‘(iii) employ visualization techniques to describe
plans; and
‘‘(iv) make public information available in electronically accessible format and means, such as the
World Wide Web, as appropriate to afford reasonable
opportunity for consideration of public information
under subparagraph (A).
‘‘(4) MITIGATION ACTIVITIES.—
‘‘(A) IN GENERAL.—A long-range transportation plan
shall include a discussion of potential environmental mitigation activities and potential areas to carry out these
activities, including activities that may have the greatest
potential to restore and maintain the environmental functions affected by the plan.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 647
‘‘(B) CONSULTATION.—The discussion shall be developed in consultation with Federal, State, and tribal wildlife,
land management, and regulatory agencies.
‘‘(5) FINANCIAL PLAN.—The statewide transportation plan
may include—
‘‘(A) a financial plan that—
‘‘(i) demonstrates how the adopted statewide
transportation plan can be implemented;
‘‘(ii) indicates resources from public and private
sources that are reasonably expected to be made available to carry out the plan; and
‘‘(iii) recommends any additional financing strategies for needed projects and programs; and
‘‘(B) for illustrative purposes, additional projects that
would be included in the adopted statewide transportation
plan if reasonable additional resources beyond those identified in the financial plan were available.
‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—
A State shall not be required to select any project from the
illustrative list of additional projects included in the financial
plan described in paragraph (5).
‘‘(7) PERFORMANCE-BASED APPROACH.—The statewide
transportation plan should include—
‘‘(A) a description of the performance measures and
performance targets used in assessing the performance of
the transportation system in accordance with subsection
(d)(2); and
‘‘(B) a system performance report and subsequent
updates evaluating the condition and performance of the
transportation system with respect to the performance targets described in subsection (d)(2), including progress
achieved by the metropolitan planning organization in
meeting the performance targets in comparison with system
performance recorded in previous reports;
‘‘(8) EXISTING SYSTEM.—The statewide transportation plan
should include capital, operations and management strategies,
investments, procedures, and other measures to ensure the
preservation and most efficient use of the existing transportation system.
‘‘(9) PUBLICATION OF LONG-RANGE TRANSPORTATION
PLANS.—Each long-range transportation plan prepared by a
State shall be published or otherwise made available, including
(to the maximum extent practicable) in electronically accessible
formats and means, such as the World Wide Web.
‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM.—
‘‘(1) DEVELOPMENT.—
‘‘(A) IN GENERAL.—Each State shall develop a statewide
transportation improvement program for all areas of the
State.
‘‘(B) DURATION AND UPDATING OF PROGRAM.—Each program developed under subparagraph (A) shall cover a
period of 4 years and shall be updated every 4 years
or more frequently if the Governor of the State elects
to update more frequently.
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
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‘‘(A) METROPOLITAN AREAS.—With respect to each
metropolitan area in the State, the program shall be developed in cooperation with the metropolitan planning
organization designated for the metropolitan area under
section 5303.
‘‘(B) NONMETROPOLITAN AREAS.—
‘‘(i) IN GENERAL.—With respect to each nonmetropolitan area in the State, the program shall be developed in cooperation with affected nonmetropolitan local
officials with responsibility for transportation or, if
applicable, through regional transportation planning
organizations described in subsection (l).
‘‘(ii) ROLE OF SECRETARY.—The Secretary shall not
review or approve the specific consultation process in
the State.
‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area
of the State under the jurisdiction of an Indian tribal
government, the program shall be developed in consultation
with the tribal government and the Secretary of the
Interior.
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—In developing
the program, the State shall provide citizens, affected public
agencies, representatives of public transportation employees,
freight shippers, private providers of transportation, providers
of freight transportation services, representatives of users of
public transportation, representatives of users of pedestrian
walkways and bicycle transportation facilities, representatives
of the disabled, and other interested parties with a reasonable
opportunity to comment on the proposed program.
‘‘(4) PERFORMANCE TARGET ACHIEVEMENT.—A statewide
transportation improvement program shall include, to the maximum extent practicable, a discussion of the anticipated effect
of the statewide transportation improvement program toward
achieving the performance targets established in the statewide
transportation plan, linking investment priorities to those
performance targets.
‘‘(5) INCLUDED PROJECTS.—
‘‘(A) IN GENERAL.—A transportation improvement program developed under this subsection for a State shall
include Federally supported surface transportation
expenditures within the boundaries of the State.
‘‘(B) LISTING OF PROJECTS.—
‘‘(i) IN GENERAL.—An annual listing of projects for
which funds have been obligated for the preceding
year in each metropolitan planning area shall be published or otherwise made available by the cooperative
effort of the State, transit operator, and the metropolitan planning organization for public review.
‘‘(ii) FUNDING CATEGORIES.—The listing described
in clause (i) shall be consistent with the funding categories identified in each metropolitan transportation
improvement program.
‘‘(C) PROJECTS UNDER CHAPTER 2.—
‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Regionally significant projects proposed for funding under
chapter 2 of title 23 shall be identified individually
in the transportation improvement program.
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‘‘(ii) OTHER PROJECTS.—Projects proposed for
funding under chapter 2 of title 23 that are not determined to be regionally significant shall be grouped
in 1 line item or identified individually in the transportation improvement program.
‘‘(D) CONSISTENCY WITH STATEWIDE TRANSPORTATION
PLAN.—Each project shall be—
‘‘(i) consistent with the statewide transportation
plan developed under this section for the State;
‘‘(ii) identical to the project or phase of the project
as described in an approved metropolitan transportation plan; and
‘‘(iii) in conformance with the applicable State air
quality implementation plan developed under the
Clean Air Act (42 U.S.C. 7401 et seq.), if the project
is carried out in an area designated as a nonattainment
area for ozone, particulate matter, or carbon monoxide
under part D of title I of that Act (42 U.S.C. 7501
et seq.).
‘‘(E) REQUIREMENT OF ANTICIPATED FULL FUNDING.—
The transportation improvement program shall include a
project, or an identified phase of a project, only if full
funding can reasonably be anticipated to be available for
the project within the time period contemplated for completion of the project.
‘‘(F) FINANCIAL PLAN.—
‘‘(i) IN GENERAL.—The transportation improvement
program may include a financial plan that demonstrates how the approved transportation improvement program can be implemented, indicates resources
from public and private sources that are reasonably
expected to be made available to carry out the transportation improvement program, and recommends any
additional financing strategies for needed projects and
programs.
‘‘(ii) ADDITIONAL PROJECTS.—The financial plan
may include, for illustrative purposes, additional
projects that would be included in the adopted
transportation plan if reasonable additional resources
beyond those identified in the financial plan were available.
‘‘(G) SELECTION OF PROJECTS FROM ILLUSTRATIVE
LIST.—
‘‘(i) NO REQUIRED SELECTION.—Notwithstanding
subparagraph (F), a State shall not be required to
select any project from the illustrative list of additional
projects included in the financial plan under subparagraph (F).
‘‘(ii) REQUIRED ACTION BY THE SECRETARY.—Action
by the Secretary shall be required for a State to select
any project from the illustrative list of additional
projects included in the financial plan under subparagraph (F) for inclusion in an approved transportation
improvement program.
‘‘(H) PRIORITIES.—The transportation improvement
program shall reflect the priorities for programming and
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expenditures of funds, including transportation enhancement activities, required by this chapter and title 23.
‘‘(6) PROJECT SELECTION FOR AREAS OF LESS THAN 50,000
POPULATION.—
‘‘(A) IN GENERAL.—Projects carried out in areas with
populations of less than 50,000 individuals shall be
selected, from the approved transportation improvement
program (excluding projects carried out on the National
Highway System and projects carried out under the bridge
program or the Interstate maintenance program under title
23 or under sections 5310 and 5311 of this chapter), by
the State in cooperation with the affected nonmetropolitan
local officials with responsibility for transportation or, if
applicable, through regional transportation planning
organizations described in subsection (l).
‘‘(B) OTHER PROJECTS.—Projects carried out in areas
with populations of less than 50,000 individuals on the
National Highway System or under the bridge program
or the Interstate maintenance program under title 23 or
under sections 5310 and 5311 of this chapter shall be
selected, from the approved statewide transportation
improvement program, by the State in consultation with
the affected nonmetropolitan local officials with responsibility for transportation.
‘‘(7) TRANSPORTATION IMPROVEMENT PROGRAM APPROVAL.—
Every 4 years, a transportation improvement program developed under this subsection shall be reviewed and approved
by the Secretary if based on a current planning finding.
‘‘(8) PLANNING FINDING.—A finding shall be made by the
Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and
programs are developed is consistent with this section and
section 5303.
‘‘(9) MODIFICATIONS TO PROJECT PRIORITY.—Notwithstanding any other provision of law, action by the Secretary
shall not be required to advance a project included in the
approved transportation improvement program in place of
another project in the program.
‘‘(h) PERFORMANCE-BASED PLANNING PROCESSES EVALUATION.—
‘‘(1) IN GENERAL.—The Secretary shall establish criteria
to evaluate the effectiveness of the performance-based planning
processes of States, taking into consideration the following:
‘‘(A) The extent to which the State is making progress
toward achieving, the performance targets described in subsection (d)(2), taking into account whether the State developed appropriate performance targets.
‘‘(B) The extent to which the State has made transportation investments that are efficient and cost-effective.
‘‘(C) The extent to which the State—
‘‘(i) has developed an investment process that relies
on public input and awareness to ensure that investments are transparent and accountable; and
‘‘(ii) provides reports allowing the public to access
the information being collected in a format that allows
the public to meaningfully assess the performance of
the State.
‘‘(2) REPORT.—
Time period.
Criteria.
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126 STAT. 651
‘‘(A) IN GENERAL.—Not later than 5 years after the
date of enactment of the Federal Public Transportation
Act of 2012, the Secretary shall submit to Congress a
report evaluating—
‘‘(i) the overall effectiveness of performance-based
planning as a tool for guiding transportation investments; and
‘‘(ii) the effectiveness of the performance-based
planning process of each State.
‘‘(B) PUBLICATION.—The report under subparagraph (A)
shall be published or otherwise made available in electronically accessible formats and means, including on the Internet.
‘‘(i) TREATMENT OF CERTAIN STATE LAWS AS CONGESTION
MANAGEMENT PROCESSES.—For purposes of this section and section
5303, and sections 134 and 135 of title 23, State laws, rules,
or regulations pertaining to congestion management systems or
programs may constitute the congestion management process under
this this section and section 5303, and sections 134 and 135 of
title 23, if the Secretary finds that the State laws, rules, or regulations are consistent with, and fulfill the intent of, the purposes
of this section and section 5303, and sections 134 and 135 of
title 23, as appropriate.
‘‘(j) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since the
statewide transportation plan and the transportation improvement
program described in this section are subject to a reasonable opportunity for public comment, since individual projects included in
the statewide transportation plans and the transportation improvement program are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since
decisions by the Secretary concerning statewide transportation
plans or the transportation improvement program described in this
section have not been reviewed under that Act as of January 1,
1997, any decision by the Secretary concerning a metropolitan or
statewide transportation plan or the transportation improvement
program described in this section shall not be considered to be
a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(k) SCHEDULE FOR IMPLEMENTATION.—The Secretary shall
issue guidance on a schedule for implementation of the changes
made by this section, taking into consideration the established
planning update cycle for States. The Secretary shall not require
a State to deviate from its established planning update cycle to
implement changes made by this section. States shall reflect
changes made to their transportation plan or transportation
improvement program updates not later than 2 years after the
date of issuance of guidance by the Secretary under this subsection.
‘‘(l) DESIGNATION OF REGIONAL TRANSPORTATION PLANNING
ORGANIZATIONS.—
‘‘(1) IN GENERAL.—To carry out the transportation planning
process required by this section, a State may establish and
designate regional transportation planning organizations to
enhance the planning, coordination, and implementation of
statewide strategic long-range transportation plans and
transportation improvement programs, with an emphasis on
addressing the needs of nonmetropolitan areas of the State.
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Deadline.
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(2) STRUCTURE.—A regional transportation planning
organization shall be established as a multijurisdictional
organization of nonmetropolitan local officials or their designees
who volunteer for such organization and representatives of
local transportation systems who volunteer for such organization.
‘‘(3) REQUIREMENTS.—A regional transportation planning
organization shall establish, at a minimum—
‘‘(A) a policy committee, the majority of which shall
consist of nonmetropolitan local officials, or their designees,
and, as appropriate, additional representatives from the
State, private business, transportation service providers,
economic development practitioners, and the public in the
region; and
‘‘(B) a fiscal and administrative agent, such as an
existing regional planning and development organization,
to provide professional planning, management, and
administrative support.
‘‘(4) DUTIES.—The duties of a regional transportation planning organization shall include—
‘‘(A) developing and maintaining, in cooperation with
the State, regional long-range multimodal transportation
plans;
‘‘(B) developing a regional transportation improvement
program for consideration by the State;
‘‘(C) fostering the coordination of local planning, land
use, and economic development plans with State, regional,
and local transportation plans and programs;
‘‘(D) providing technical assistance to local officials;
‘‘(E) participating in national, multistate, and State
policy and planning development processes to ensure the
regional and local input of nonmetropolitan areas;
‘‘(F) providing a forum for public participation in the
statewide and regional transportation planning processes;
‘‘(G) considering and sharing plans and programs with
neighboring regional transportation planning organizations, metropolitan planning organizations, and, where
appropriate, tribal organizations; and
‘‘(H) conducting other duties, as necessary, to support
and enhance the statewide planning process under subsection (d).
‘‘(5) STATES WITHOUT REGIONAL TRANSPORTATION PLANNING
ORGANIZATIONS.—If a State chooses not to establish or designate
a regional transportation planning organization, the State shall
consult with affected nonmetropolitan local officials to determine projects that may be of regional significance.’’.
Consultation.
SEC. 20007. URBANIZED AREA FORMULA GRANTS.
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Section 5307 of title 49, United States Code, is amended to
read as follows:
‘‘§ 5307. Urbanized area formula grants
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) GRANTS.—The Secretary may make grants under this
section for—
‘‘(A) capital projects;
‘‘(B) planning;
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‘‘(C) job access and reverse commute projects; and
‘‘(D) operating costs of equipment and facilities for
use in public transportation in an urbanized area with
a population of fewer than 200,000 individuals, as determined by the Bureau of the Census.
‘‘(2) SPECIAL RULE.—The Secretary may make grants under
this section to finance the operating cost of equipment and
facilities for use in public transportation, excluding rail fixed
guideway, in an urbanized area with a population of not fewer
than 200,000 individuals, as determined by the Bureau of the
Census—
‘‘(A) for public transportation systems that operate 75
or fewer buses in fixed route service during peak service
hours, in an amount not to exceed 75 percent of the share
of the apportionment which is attributable to such systems
within the urbanized area, as measured by vehicle revenue
hours; and
‘‘(B) for public transportation systems that operate a
minimum of 76 buses and a maximum of 100 buses in
fixed route service during peak service hours, in an amount
not to exceed 50 percent of the share of the apportionment
which is attributable to such systems within the urbanized
area, as measured by vehicle revenue hours.
‘‘(b) PROGRAM OF PROJECTS.—Each recipient of a grant shall—
‘‘(1) make available to the public information on amounts
available to the recipient under this section;
‘‘(2) develop, in consultation with interested parties,
including private transportation providers, a proposed program
of projects for activities to be financed;
‘‘(3) publish a proposed program of projects in a way that
affected individuals, private transportation providers, and local
elected officials have the opportunity to examine the proposed
program and submit comments on the proposed program and
the performance of the recipient;
‘‘(4) provide an opportunity for a public hearing in which
to obtain the views of individuals on the proposed program
of projects;
‘‘(5) ensure that the proposed program of projects provides
for the coordination of public transportation services assisted
under section 5336 of this title with transportation services
assisted from other United States Government sources;
‘‘(6) consider comments and views received, especially those
of private transportation providers, in preparing the final program of projects; and
‘‘(7) make the final program of projects available to the
public.
‘‘(c) GRANT RECIPIENT REQUIREMENTS.—A recipient may receive
a grant in a fiscal year only if—
‘‘(1) the recipient, within the time the Secretary prescribes,
submits a final program of projects prepared under subsection
(b) of this section and a certification for that fiscal year that
the recipient (including a person receiving amounts from a
Governor under this section)—
‘‘(A) has or will have the legal, financial, and technical
capacity to carry out the program, including safety and
security aspects of the program;
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Publication.
Certification.
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‘‘(B) has or will have satisfactory continuing control
over the use of equipment and facilities;
‘‘(C) will maintain equipment and facilities;
‘‘(D) will ensure that, during non-peak hours for
transportation using or involving a facility or equipment
of a project financed under this section, a fare that is
not more than 50 percent of the peak hour fare will be
charged for any—
‘‘(i) senior;
‘‘(ii) individual who, because of illness, injury, age,
congenital malfunction, or other incapacity or temporary or permanent disability (including an individual
who is a wheelchair user or has semiambulatory capability), cannot use a public transportation service or
a public transportation facility effectively without special facilities, planning, or design; and
‘‘(iii) individual presenting a Medicare card issued
to that individual under title II or XVIII of the Social
Security Act (42 U.S.C. 401 et seq. and 1395 et seq.);
‘‘(E) in carrying out a procurement under this section,
will comply with sections 5323 and 5325;
‘‘(F) has complied with subsection (b) of this section;
‘‘(G) has available and will provide the required
amounts as provided by subsection (d) of this section;
‘‘(H) will comply with sections 5303 and 5304;
‘‘(I) has a locally developed process to solicit and consider public comment before raising a fare or carrying
out a major reduction of transportation;
‘‘(J)(i) will expend for each fiscal year for public
transportation security projects, including increased
lighting in or adjacent to a public transportation system
(including bus stops, subway stations, parking lots, and
garages), increased camera surveillance of an area in or
adjacent to that system, providing an emergency telephone
line to contact law enforcement or security personnel in
an area in or adjacent to that system, and any other
project intended to increase the security and safety of an
existing or planned public transportation system, at least
1 percent of the amount the recipient receives for each
fiscal year under section 5336 of this title; or
‘‘(ii) has decided that the expenditure for security
projects is not necessary;
‘‘(K) in the case of a recipient for an urbanized area
with a population of not fewer than 200,000 individuals,
as determined by the Bureau of the Census—
‘‘(i) will expend not less than 1 percent of the
amount the recipient receives each fiscal year under
this section for associated transit improvements, as
defined in section 5302; and
‘‘(ii) will submit an annual report listing projects
carried out in the preceding fiscal year with those
funds; and
‘‘(L) will comply with section 5329(d); and
‘‘(2) the Secretary accepts the certification.
‘‘(d) GOVERNMENT SHARE OF COSTS.—
‘‘(1) CAPITAL PROJECTS.—A grant for a capital project under
this section shall be for 80 percent of the net project cost
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of the project. The recipient may provide additional local
matching amounts.
‘‘(2) OPERATING EXPENSES.—A grant for operating expenses
under this section may not exceed 50 percent of the net project
cost of the project.
‘‘(3) REMAINING COSTS.—Subject to paragraph (4), the
remainder of the net project costs shall be provided—
‘‘(A) in cash from non-Government sources other than
revenues from providing public transportation services;
‘‘(B) from revenues from the sale of advertising and
concessions;
‘‘(C) from an undistributed cash surplus, a replacement
or depreciation cash fund or reserve, or new capital;
‘‘(D) from amounts appropriated or otherwise made
available to a department or agency of the Government
(other than the Department of Transportation) that are
eligible to be expended for transportation; and
‘‘(E) from amounts received under a service agreement
with a State or local social service agency or private social
service organization.
‘‘(4) USE OF CERTAIN FUNDS.—For purposes of subparagraphs (D) and (E) of paragraph (3), the prohibitions on the
use of funds for matching requirements under section
403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C.
603(a)(5)(C)(vii)) shall not apply to Federal or State funds to
be used for transportation purposes.
‘‘(e) UNDERTAKING PROJECTS IN ADVANCE.—
‘‘(1) PAYMENT.—The Secretary may pay the Government
share of the net project cost to a State or local governmental
authority that carries out any part of a project eligible under
subparagraph (A) or (B) of subsection (a)(1) without the aid
of amounts of the Government and according to all applicable
procedures and requirements if—
‘‘(A) the recipient applies for the payment;
‘‘(B) the Secretary approves the payment; and
‘‘(C) before carrying out any part of the project, the
Secretary approves the plans and specifications for the
part in the same way as for other projects under this
section.
‘‘(2) APPROVAL OF APPLICATION.—The Secretary may
approve an application under paragraph (1) of this subsection
only if an authorization for this section is in effect for the
fiscal year to which the application applies. The Secretary
may not approve an application if the payment will be more
than—
‘‘(A) the recipient’s expected apportionment under section 5336 of this title if the total amount authorized to
be appropriated for the fiscal year to carry out this section
is appropriated; less
‘‘(B) the maximum amount of the apportionment that
may be made available for projects for operating expenses
under this section.
‘‘(3) FINANCING COSTS.—
‘‘(A) IN GENERAL.—The cost of carrying out part of
a project includes the amount of interest earned and payable on bonds issued by the recipient to the extent proceeds
of the bonds are expended in carrying out the part.
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‘‘(B) LIMITATION ON THE AMOUNT OF INTEREST.—The
amount of interest allowed under this paragraph may not
be more than the most favorable financing terms reasonably available for the project at the time of borrowing.
‘‘(C) CERTIFICATION.—The applicant shall certify, in
a manner satisfactory to the Secretary, that the applicant
has shown reasonable diligence in seeking the most favorable financing terms.
‘‘(f) REVIEWS, AUDITS, AND EVALUATIONS.—
‘‘(1) ANNUAL REVIEW.—
‘‘(A) IN GENERAL.—At least annually, the Secretary
shall carry out, or require a recipient to have carried out
independently, reviews and audits the Secretary considers
appropriate to establish whether the recipient has carried
out—
‘‘(i) the activities proposed under subsection (c)
of this section in a timely and effective way and can
continue to do so; and
‘‘(ii) those activities and its certifications and has
used amounts of the Government in the way required
by law.
‘‘(B) AUDITING PROCEDURES.—An audit of the use of
amounts of the Government shall comply with the auditing
procedures of the Comptroller General.
‘‘(2) TRIENNIAL REVIEW.—At least once every 3 years, the
Secretary shall review and evaluate completely the performance
of a recipient in carrying out the recipient’s program, specifically referring to compliance with statutory and administrative
requirements and the extent to which actual program activities
are consistent with the activities proposed under subsection
(c) of this section and the planning process required under
sections 5303, 5304, and 5305 of this title. To the extent practicable, the Secretary shall coordinate such reviews with any
related State or local reviews.
‘‘(3) ACTIONS RESULTING FROM REVIEW, AUDIT, OR EVALUATION.—The Secretary may take appropriate action consistent
with a review, audit, and evaluation under this subsection,
including making an appropriate adjustment in the amount
of a grant or withdrawing the grant.
‘‘(g) TREATMENT.—For purposes of this section, the United
States Virgin Islands shall be treated as an urbanized area, as
defined in section 5302.
‘‘(h) PASSENGER FERRY GRANTS.—
‘‘(1) IN GENERAL.—The Secretary may make grants under
this subsection to recipients for passenger ferry projects that
are eligible for a grant under subsection (a).
‘‘(2) GRANT REQUIREMENTS.—Except as otherwise provided
in this subsection, a grant under this subsection shall be subject
to the same terms and conditions as a grant under subsection
(a).
‘‘(3) COMPETITIVE PROCESS.—The Secretary shall solicit
grant applications and make grants for eligible projects on
a competitive basis.’’.
SEC. 20008. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
(a) IN GENERAL.—Section 5309 of title 49, United States Code,
is amended to read as follows:
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‘‘§ 5309. Fixed guideway capital investment grants
‘‘(a) DEFINITIONS.—In this section, the following definitions
shall apply:
‘‘(1) APPLICANT.—The term ‘applicant’ means a State or
local governmental authority that applies for a grant under
this section.
‘‘(2) CORE CAPACITY IMPROVEMENT PROJECT.—The term ‘core
capacity improvement project’ means a substantial corridorbased capital investment in an existing fixed guideway system
that increases the capacity of a corridor by not less than 10
percent. The term does not include project elements designed
to maintain a state of good repair of the existing fixed guideway
system.
‘‘(3) CORRIDOR-BASED BUS RAPID TRANSIT PROJECT.—The
term ‘corridor-based bus rapid transit project’ means a small
start project utilizing buses in which the project represents
a substantial investment in a defined corridor as demonstrated
by features that emulate the services provided by rail fixed
guideway public transportation systems, including defined stations; traffic signal priority for public transportation vehicles;
short headway bidirectional services for a substantial part of
weekdays and weekend days; and any other features the Secretary may determine support a long-term corridor investment,
but the majority of which does not operate in a separated
right-of-way dedicated for public transportation use during peak
periods.
‘‘(4) FIXED GUIDEWAY BUS RAPID TRANSIT PROJECT.—The
term ‘fixed guideway bus rapid transit project’ means a bus
capital project—
‘‘(A) in which the majority of the project operates in
a separated right-of-way dedicated for public transportation
use during peak periods;
‘‘(B) that represents a substantial investment in a
single route in a defined corridor or subarea; and
‘‘(C) that includes features that emulate the services
provided by rail fixed guideway public transportation systems, including—
‘‘(i) defined stations;
‘‘(ii) traffic signal priority for public transportation
vehicles;
‘‘(iii) short headway bidirectional services for a
substantial part of weekdays and weekend days; and
‘‘(iv) any other features the Secretary may determine are necessary to produce high-quality public
transportation services that emulate the services provided by rail fixed guideway public transportation systems.
‘‘(5) NEW FIXED GUIDEWAY CAPITAL PROJECT.—The term
‘new fixed guideway capital project’ means—
‘‘(A) a new fixed guideway project that is a minimum
operable segment or extension to an existing fixed guideway
system; or
‘‘(B) a fixed guideway bus rapid transit project that
is a minimum operable segment or an extension to an
existing bus rapid transit system.
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(6) PROGRAM OF INTERRELATED PROJECTS.—The term ‘program of interrelated projects’ means the simultaneous development of—
‘‘(A) 2 or more new fixed guideway capital projects
or core capacity improvement projects; or
‘‘(B) 1 or more new fixed guideway capital projects
and 1 or more core capacity improvement projects.
‘‘(7) SMALL START PROJECT.—The term ‘small start project’
means a new fixed guideway capital project or corridor-based
bus rapid transit project for which—
‘‘(A) the Federal assistance provided or to be provided
under this section is less than $75,000,000; and
‘‘(B) the total estimated net capital cost is less than
$250,000,000.
‘‘(b) GENERAL AUTHORITY.—The Secretary may make grants
under this section to State and local governmental authorities to
assist in financing—
‘‘(1) new fixed guideway capital projects or small start
projects, including the acquisition of real property, the initial
acquisition of rolling stock for the system, the acquisition of
rights-of-way, and relocation, for fixed guideway corridor
development for projects in the advanced stages of project
development or engineering; and
‘‘(2) core capacity improvement projects, including the
acquisition of real property, the acquisition of rights-of-way,
double tracking, signalization improvements, electrification,
expanding system platforms, acquisition of rolling stock associated with corridor improvements increasing capacity, construction of infill stations, and such other capacity improvement
projects as the Secretary determines are appropriate to increase
the capacity of an existing fixed guideway system corridor
by at least 10 percent. Core capacity improvement projects
do not include elements to improve general station facilities
or parking, or acquisition of rolling stock alone.
‘‘(c) GRANT REQUIREMENTS.—
‘‘(1) IN GENERAL.—The Secretary may make a grant under
this section for new fixed guideway capital projects, small start
projects, or core capacity improvement projects, if the Secretary
determines that—
‘‘(A) the project is part of an approved transportation
plan required under sections 5303 and 5304; and
‘‘(B) the applicant has, or will have—
‘‘(i) the legal, financial, and technical capacity to
carry out the project, including the safety and security
aspects of the project;
‘‘(ii) satisfactory continuing control over the use
of the equipment or facilities; and
‘‘(iii) the technical and financial capacity to maintain new and existing equipment and facilities.
‘‘(2) CERTIFICATION.—An applicant that has submitted the
certifications required under subparagraphs (A), (B), (C), and
(H) of section 5307(c)(1) shall be deemed to have provided
sufficient information upon which the Secretary may make
the determinations required under this subsection.
‘‘(3) TECHNICAL CAPACITY.—The Secretary shall use an
expedited technical capacity review process for applicants that
have recently and successfully completed at least 1 new fixed
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guideway capital project, or core capacity improvement project,
if—
‘‘(A) the applicant achieved budget, cost, and ridership
outcomes for the project that are consistent with or better
than projections; and
‘‘(B) the applicant demonstrates that the applicant continues to have the staff expertise and other resources necessary to implement a new project.
‘‘(4) RECIPIENT REQUIREMENTS.—A recipient of a grant
awarded under this section shall be subject to all terms, conditions, requirements, and provisions that the Secretary determines to be necessary or appropriate for purposes of this section.
‘‘(d) NEW FIXED GUIDEWAY GRANTS.—
‘‘(1) PROJECT DEVELOPMENT PHASE.—
‘‘(A) ENTRANCE INTO PROJECT DEVELOPMENT PHASE.—
A new fixed guideway capital project shall enter into the
project development phase when—
‘‘(i) the applicant—
‘‘(I) submits a letter to the Secretary describing
the project and requesting entry into the project
development phase; and
‘‘(II) initiates activities required to be carried
out under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) with respect to
the project; and
‘‘(ii) the Secretary—
‘‘(I) responds in writing to the applicant within
45 days whether the information provided is sufficient to enter into the project development phase,
including, when necessary, a detailed description
of any information deemed insufficient; and
‘‘(II) provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the new fixed guideway
capital project is entering the project development
phase.
‘‘(B) ACTIVITIES DURING PROJECT DEVELOPMENT
PHASE.—Concurrent with the analysis required to be made
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), each applicant shall develop sufficient
information to enable the Secretary to make findings of
project justification, policies and land use patterns that
promote public transportation, and local financial commitment under this subsection.
‘‘(C) COMPLETION OF PROJECT DEVELOPMENT ACTIVITIES
REQUIRED.—
‘‘(i) IN GENERAL.—Not later than 2 years after
the date on which a project enters into the project
development phase, the applicant shall complete the
activities required to obtain a project rating under
subsection (g)(2) and submit completed documentation
to the Secretary.
‘‘(ii) EXTENSION OF TIME.—Upon the request of an
applicant, the Secretary may extend the time period
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Deadline.
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under clause (i), if the applicant submits to the Secretary—
‘‘(I) a reasonable plan for completing the activities required under this paragraph; and
‘‘(II) an estimated time period within which
the applicant will complete such activities.
‘‘(2) ENGINEERING PHASE.—
‘‘(A) IN GENERAL.—A new fixed guideway capital project
may advance to the engineering phase upon completion
of activities required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), as demonstrated
by a record of decision with respect to the project, a finding
that the project has no significant impact, or a determination that the project is categorically excluded, only if the
Secretary determines that the project—
‘‘(i) is selected as the locally preferred alternative
at the completion of the process required under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
‘‘(ii) is adopted into the metropolitan transportation plan required under section 5303;
‘‘(iii) is justified based on a comprehensive review
of the project’s mobility improvements, the project’s
environmental benefits, congestion relief associated
with the project, economic development effects associated with the project, policies and land use patterns
of the project that support public transportation, and
the project’s cost-effectiveness as measured by cost per
rider;
‘‘(iv) is supported by policies and land use patterns
that promote public transportation, including plans for
future land use and rezoning, and economic development around public transportation stations; and
‘‘(v) is supported by an acceptable degree of local
financial commitment (including evidence of stable and
dependable financing sources), as required under subsection (f).
‘‘(B) DETERMINATION THAT PROJECT IS JUSTIFIED.—In
making a determination under subparagraph (A)(iii), the
Secretary shall evaluate, analyze, and consider—
‘‘(i) the reliability of the forecasting methods used
to estimate costs and utilization made by the recipient
and the contractors to the recipient; and
‘‘(ii) population density and current public
transportation ridership in the transportation corridor.
‘‘(e) CORE CAPACITY IMPROVEMENT PROJECTS.—
‘‘(1) PROJECT DEVELOPMENT PHASE.—
‘‘(A) ENTRANCE INTO PROJECT DEVELOPMENT PHASE.—
A core capacity improvement project shall be deemed to
have entered into the project development phase if—
‘‘(i) the applicant—
‘‘(I) submits a letter to the Secretary describing
the project and requesting entry into the project
development phase; and
‘‘(II) initiates activities required to be carried
out under the National Environmental Policy Act
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of 1969 (42 U.S.C. 4321 et seq.) with respect to
the project; and
‘‘(ii) the Secretary—
‘‘(I) responds in writing to the applicant within
45 days whether the information provided is sufficient to enter into the project development phase,
including when necessary a detailed description
of any information deemed insufficient; and
‘‘(II) provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the core capacity improvement project is entering the project development
phase.
‘‘(B) ACTIVITIES DURING PROJECT DEVELOPMENT
PHASE.—Concurrent with the analysis required to be made
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), each applicant shall develop sufficient
information to enable the Secretary to make findings of
project justification and local financial commitment under
this subsection.
‘‘(C) COMPLETION OF PROJECT DEVELOPMENT ACTIVITIES
REQUIRED.—
‘‘(i) IN GENERAL.—Not later than 2 years after
the date on which a project enters into the project
development phase, the applicant shall complete the
activities required to obtain a project rating under
subsection (g)(2) and submit completed documentation
to the Secretary.
‘‘(ii) EXTENSION OF TIME.—Upon the request of an
applicant, the Secretary may extend the time period
under clause (i), if the applicant submits to the Secretary—
‘‘(I) a reasonable plan for completing the activities required under this paragraph; and
‘‘(II) an estimated time period within which
the applicant will complete such activities.
‘‘(2) ENGINEERING PHASE.—
‘‘(A) IN GENERAL.—A core capacity improvement project
may advance into the engineering phase upon completion
of activities required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), as demonstrated
by a record of decision with respect to the project, a finding
that the project has no significant impact, or a determination that the project is categorically excluded, only if the
Secretary determines that the project—
‘‘(i) is selected as the locally preferred alternative
at the completion of the process required under the
National Environmental Policy Act of 1969;
‘‘(ii) is adopted into the metropolitan transportation plan required under section 5303;
‘‘(iii) is in a corridor that is—
‘‘(I) at or over capacity; or
‘‘(II) projected to be at or over capacity within
the next 5 years;
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‘‘(iv) is justified based on a comprehensive review
of the project’s mobility improvements, the project’s
environmental benefits, congestion relief associated
with the project, economic development effects associated with the project, the capacity needs of the corridor,
and the project’s cost-effectiveness as measured by cost
per rider; and
‘‘(v) is supported by an acceptable degree of local
financial commitment (including evidence of stable and
dependable financing sources), as required under subsection (f).
‘‘(B) DETERMINATION THAT PROJECT IS JUSTIFIED.—In
making a determination under subparagraph (A)(iv), the
Secretary shall evaluate, analyze, and consider—
‘‘(i) the reliability of the forecasting methods used
to estimate costs and utilization made by the recipient
and the contractors to the recipient;
‘‘(ii) whether the project will increase capacity at
least 10 percent in a corridor;
‘‘(iii)
whether
the
project
will
improve
interconnectivity among existing systems; and
‘‘(iv) whether the project will improve environmental outcomes.
‘‘(f) FINANCING SOURCES.—
‘‘(1) REQUIREMENTS.—In determining whether a project is
supported by an acceptable degree of local financial commitment
and shows evidence of stable and dependable financing sources
for purposes of subsection (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary shall require that—
‘‘(A) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost increases
or funding shortfalls;
‘‘(B) each proposed local source of capital and operating
financing is stable, reliable, and available within the proposed project timetable; and
‘‘(C) local resources are available to recapitalize, maintain, and operate the overall existing and proposed public
transportation system, including essential feeder bus and
other services necessary to achieve the projected ridership
levels without requiring a reduction in existing public
transportation services or level of service to operate the
project.
‘‘(2) CONSIDERATIONS.—In assessing the stability, reliability, and availability of proposed sources of local financing
for purposes of subsection (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary shall consider—
‘‘(A) the reliability of the forecasting methods used
to estimate costs and revenues made by the recipient and
the contractors to the recipient;
‘‘(B) existing grant commitments;
‘‘(C) the degree to which financing sources are dedicated to the proposed purposes;
‘‘(D) any debt obligation that exists, or is proposed
by the recipient, for the proposed project or other public
transportation purpose;
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‘‘(E) the extent to which the project has a local financial
commitment that exceeds the required non-Government
share of the cost of the project; and
‘‘(F) private contributions to the project, including costeffective project delivery, management or transfer of project
risks, expedited project schedule, financial partnering, and
other public-private partnership strategies.
‘‘(g) PROJECT ADVANCEMENT AND RATINGS.—
‘‘(1) PROJECT ADVANCEMENT.—A new fixed guideway capital
project or core capacity improvement project proposed to be
carried out using a grant under this section may not advance
from the project development phase to the engineering phase,
or from the engineering phase to the construction phase, unless
the Secretary determines that—
‘‘(A) the project meets the applicable requirements
under this section; and
‘‘(B) there is a reasonable likelihood that the project
will continue to meet the requirements under this section.
‘‘(2) RATINGS.—
‘‘(A) OVERALL RATING.—In making a determination
under paragraph (1), the Secretary shall evaluate and rate
a project as a whole on a 5-point scale (high, mediumhigh, medium, medium-low, or low) based on—
‘‘(i) in the case of a new fixed guideway capital
project, the project justification criteria under subsection (d)(2)(A)(iii), the policies and land use patterns
that support public transportation, and the degree of
local financial commitment; and
‘‘(ii) in the case of a core capacity improvement
project, the capacity needs of the corridor, the project
justification criteria under subsection (e)(2)(A)(iv), and
the degree of local financial commitment.
‘‘(B) INDIVIDUAL RATINGS FOR EACH CRITERION.—In
rating a project under this paragraph, the Secretary shall—
‘‘(i) provide, in addition to the overall project rating
under subparagraph (A), individual ratings for each
of the criteria established under subsection (d)(2)(A)(iii)
or (e)(2)(A)(iv), as applicable; and
‘‘(ii) give comparable, but not necessarily equal,
numerical weight to each of the criteria established
under subsections (d)(2)(A)(iii) or (e)(2)(A)(iv), as
applicable, in calculating the overall project rating
under clause (i).
‘‘(C) MEDIUM RATING NOT REQUIRED.—The Secretary
shall not require that any single project justification criterion meet or exceed a ‘medium’ rating in order to advance
the project from one phase to another.
‘‘(3) WARRANTS.—The Secretary shall, to the maximum
extent practicable, develop and use special warrants for making
a project justification determination under subsection (d)(2)
or (e)(2), as applicable, for a project proposed to be funded
using a grant under this section, if—
‘‘(A) the share of the cost of the project to be provided
under this section does not exceed—
‘‘(i) $100,000,000; or
‘‘(ii) 50 percent of the total cost of the project;
‘‘(B) the applicant requests the use of the warrants;
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‘‘(C) the applicant certifies that its existing public
transportation system is in a state of good repair; and
‘‘(D) the applicant meets any other requirements that
the Secretary considers appropriate to carry out this subsection.
‘‘(4) LETTERS OF INTENT AND EARLY SYSTEMS WORK AGREEMENTS.—In order to expedite a project under this subsection,
the Secretary shall, to the maximum extent practicable, issue
letters of intent and enter into early systems work agreements
upon issuance of a record of decision for projects that receive
an overall project rating of medium or better.
‘‘(5) POLICY GUIDANCE.—The Secretary shall issue policy
guidance regarding the review and evaluation process and criteria—
‘‘(A) not later than 180 days after the date of enactment
of the Federal Public Transportation Act of 2012; and
‘‘(B) each time the Secretary makes significant changes
to the process and criteria, but not less frequently than
once every 2 years.
‘‘(6) RULES.—Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the
Secretary shall issue rules establishing an evaluation and
rating process for—
‘‘(A) new fixed guideway capital projects that is based
on the results of project justification, policies and land
use patterns that promote public transportation, and local
financial commitment, as required under this subsection;
and
‘‘(B) core capacity improvement projects that is based
on the results of the capacity needs of the corridor, project
justification, and local financial commitment.
‘‘(7) APPLICABILITY.—This subsection shall not apply to a
project for which the Secretary issued a letter of intent, entered
into a full funding grant agreement, or entered into a project
construction agreement before the date of enactment of the
Federal Public Transportation Act of 2012.
‘‘(h) SMALL START PROJECTS.—
‘‘(1) IN GENERAL.—A small start project shall be subject
to the requirements of this subsection.
‘‘(2) PROJECT DEVELOPMENT PHASE.—
‘‘(A) ENTRANCE INTO PROJECT DEVELOPMENT PHASE.—
A new small starts project shall enter into the project
development phase when—
‘‘(i) the applicant—
‘‘(I) submits a letter to the Secretary describing
the project and requesting entry into the project
development phase; and
‘‘(II) initiates activities required to be carried
out under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) with respect to
the project; and
‘‘(ii) the Secretary—
‘‘(I) responds in writing to the applicant within
45 days whether the information provided is sufficient to enter into the project development phase,
including, when necessary, a detailed description
of any information deemed insufficient; and
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‘‘(II) provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the small starts project
is entering the project development phase.
‘‘(B) ACTIVITIES DURING PROJECT DEVELOPMENT
PHASE.—Concurrent with the analysis required to be made
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), each applicant shall develop sufficient
information to enable the Secretary to make findings of
project justification, policies and land use patterns that
promote public transportation, and local financial commitment under this subsection.
‘‘(3) SELECTION CRITERIA.—The Secretary may provide Federal assistance for a small start project under this subsection
only if the Secretary determines that the project—
‘‘(A) has been adopted as the locally preferred alternative as part of the metropolitan transportation plan
required under section 5303;
‘‘(B) is based on the results of an analysis of the benefits of the project as set forth in paragraph (4); and
‘‘(C) is supported by an acceptable degree of local financial commitment.
‘‘(4) EVALUATION OF BENEFITS AND FEDERAL INVESTMENT.—
In making a determination for a small start project under
paragraph (3)(B), the Secretary shall analyze, evaluate, and
consider the following evaluation criteria for the project (as
compared to a no-action alternative): mobility improvements,
environmental benefits, congestion relief, economic development
effects associated with the project, policies and land use patterns that support public transportation and cost-effectiveness
as measured by cost per rider.
‘‘(5) EVALUATION OF LOCAL FINANCIAL COMMITMENT.—For
purposes of paragraph (3)(C), the Secretary shall require that
each proposed local source of capital and operating financing
is stable, reliable, and available within the proposed project
timetable.
‘‘(6) RATINGS.—In carrying out paragraphs (4) and (5) for
a small start project, the Secretary shall evaluate and rate
the project on a 5-point scale (high, medium-high, medium,
medium-low, or low) based on an evaluation of the benefits
of the project as compared to the Federal assistance to be
provided and the degree of local financial commitment, as
required under this subsection. In rating the projects, the Secretary shall provide, in addition to the overall project rating,
individual ratings for each of the criteria established by this
subsection and shall give comparable, but not necessarily equal,
numerical weight to the benefits that the project will bring
to the community in calculating the overall project rating.
‘‘(7) GRANTS AND EXPEDITED GRANT AGREEMENTS.—
‘‘(A) IN GENERAL.—The Secretary, to the maximum
extent practicable, shall provide Federal assistance under
this subsection in a single grant. If the Secretary cannot
provide such a single grant, the Secretary may execute
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an expedited grant agreement in order to include a commitment on the part of the Secretary to provide funding for
the project in future fiscal years.
‘‘(B) TERMS OF EXPEDITED GRANT AGREEMENTS.—In executing an expedited grant agreement under this subsection,
the Secretary may include in the agreement terms similar
to those established under subsection (k)(2).
‘‘(C) NOTICE OF PROPOSED GRANTS AND EXPEDITED
GRANT AGREEMENTS.—At least 10 days before making a
grant award or entering into a grant agreement for a
project under this subsection, the Secretary shall notify,
in writing, the Committee on Transportation and Infrastructure and the Committee on Appropriations of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs and the Committee on Appropriations of the Senate of the proposed grant or expedited
grant agreement, as well as the evaluations and ratings
for the project.
‘‘(i) PROGRAMS OF INTERRELATED PROJECTS.—
‘‘(1) PROJECT DEVELOPMENT PHASE.—A federally funded
project in a program of interrelated projects shall advance
through project development as provided in subsection (d) or
(e), as applicable.
‘‘(2) ENGINEERING PHASE.—A federally funded project in
a program of interrelated projects may advance into the
engineering phase upon completion of activities required under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), as demonstrated by a record of decision with respect
to the project, a finding that the project has no significant
impact, or a determination that the project is categorically
excluded, only if the Secretary determines that—
‘‘(A) the project is selected as the locally preferred
alternative at the completion of the process required under
the National Environmental Policy Act of 1969;
‘‘(B) the project is adopted into the metropolitan
transportation plan required under section 5303;
‘‘(C) the program of interrelated projects involves
projects that have a logical connectivity to one another;
‘‘(D) the program of interrelated projects, when evaluated as a whole, meets the requirements of subsection
(d)(2) or (e)(2), as applicable;
‘‘(E) the program of interrelated projects is supported
by a program implementation plan demonstrating that
construction will begin on each of the projects in the program of interrelated projects within a reasonable time
frame; and
‘‘(F) the program of interrelated projects is supported
by an acceptable degree of local financial commitment,
as described in subsection (f).
‘‘(3) PROJECT ADVANCEMENT AND RATINGS.—
‘‘(A) PROJECT ADVANCEMENT.—A project receiving a
grant under this section that is part of a program of interrelated projects may not advance from the project development phase to the engineering phase, or from the
engineering phase to the construction phase, unless the
Secretary determines that the program of interrelated
projects meets the applicable requirements of this section
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and there is a reasonable likelihood that the program will
continue to meet such requirements.
‘‘(B) RATINGS.—
‘‘(i) OVERALL RATING.—In making a determination
under subparagraph (A), the Secretary shall evaluate
and rate a program of interrelated projects on a 5point scale (high, medium-high, medium, medium-low,
or low) based on the criteria described in paragraph
(2).
‘‘(ii) INDIVIDUAL RATING FOR EACH CRITERION.—In
rating a program of interrelated projects, the Secretary
shall provide, in addition to the overall program rating,
individual ratings for each of the criteria described
in paragraph (2) and shall give comparable, but not
necessarily equal, numerical weight to each such criterion in calculating the overall program rating.
‘‘(iii) MEDIUM RATING NOT REQUIRED.—The Secretary shall not require that any single criterion
described in paragraph (2) meet or exceed a ‘medium’
rating in order to advance the program of interrelated
projects from one phase to another.
‘‘(4) ANNUAL REVIEW.—
‘‘(A) REVIEW REQUIRED.—The Secretary shall annually
review the program implementation plan required under
paragraph (2)(E) to determine whether the program of
interrelated projects is adhering to its schedule.
‘‘(B) EXTENSION OF TIME.—If a program of interrelated
projects is not adhering to its schedule, the Secretary may,
upon the request of the applicant, grant an extension of
time if the applicant submits a reasonable plan that
includes—
‘‘(i) evidence of continued adequate funding; and
‘‘(ii) an estimated time frame for completing the
program of interrelated projects.
‘‘(C) SATISFACTORY PROGRESS REQUIRED.—If the Secretary determines that a program of interrelated projects
is not making satisfactory progress, no Federal funds shall
be provided for a project within the program of interrelated
projects.
‘‘(5) FAILURE TO CARRY OUT PROGRAM OF INTERRELATED
PROJECTS.—
‘‘(A) REPAYMENT REQUIRED.—If an applicant does not
carry out the program of interrelated projects within a
reasonable time, for reasons within the control of the
applicant, the applicant shall repay all Federal funds provided for the program, and any reasonable interest and
penalty charges that the Secretary may establish.
‘‘(B) CREDITING OF FUNDS RECEIVED.—Any funds
received by the Government under this paragraph, other
than interest and penalty charges, shall be credited to
the appropriation account from which the funds were originally derived.
‘‘(6) NON-FEDERAL FUNDS.—Any non-Federal funds committed to a project in a program of interrelated projects may
be used to meet a non-Government share requirement for any
other project in the program of interrelated projects, if the
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Government share of the cost of each project within the program
of interrelated projects does not exceed 80 percent.
‘‘(7) PRIORITY.—In making grants under this section, the
Secretary may give priority to programs of interrelated projects
for which the non-Government share of the cost of the projects
included in the programs of interrelated projects exceeds the
non-Government share required under subsection (l).
‘‘(8) NON-GOVERNMENT PROJECTS.—Including a project not
financed by the Government in a program of interrelated
projects does not impose Government requirements that would
not otherwise apply to the project.
‘‘(j) PREVIOUSLY ISSUED LETTER OF INTENT OR FULL FUNDING
GRANT AGREEMENT.—Subsections (d) and (e) shall not apply to
projects for which the Secretary has issued a letter of intent,
approved entry into final design, entered into a full funding grant
agreement, or entered into a project construction grant agreement
before the date of enactment of the Federal Public Transportation
Act of 2012.
‘‘(k) LETTERS OF INTENT, FULL FUNDING GRANT AGREEMENTS,
AND EARLY SYSTEMS WORK AGREEMENTS.—
‘‘(1) LETTERS OF INTENT.—
‘‘(A) AMOUNTS INTENDED TO BE OBLIGATED.—The Secretary may issue a letter of intent to an applicant
announcing an intention to obligate, for a new fixed guideway capital project or core capacity improvement project,
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.
When a letter is issued for a capital project under this
section, the amount shall be sufficient to complete at least
an operable segment.
‘‘(B) TREATMENT.—The issuance of a letter under
subparagraph (A) is deemed not to be an obligation under
sections 1108(c), 1501, and 1502(a) of title 31 or an administrative commitment.
‘‘(2) FULL FUNDING GRANT AGREEMENTS.—
‘‘(A) IN GENERAL.—A new fixed guideway capital project
or core capacity improvement project shall be carried out
through a full funding grant agreement.
‘‘(B) CRITERIA.—The Secretary shall enter into a full
funding grant agreement, based on the evaluations and
ratings required under subsection (d), (e), or (i), as
applicable, with each grantee receiving assistance for a
new fixed guideway capital project or core capacity improvement project that has been rated as high, medium-high,
or medium, in accordance with subsection (g)(2)(A) or
(i)(3)(B), as applicable.
‘‘(C) TERMS.—A full funding grant agreement shall—
‘‘(i) establish the terms of participation by the
Government in a new fixed guideway capital project
or core capacity improvement project;
‘‘(ii) establish the maximum amount of Federal
financial assistance for the project;
‘‘(iii) include the period of time for completing the
project, even if that period extends beyond the period
of an authorization; and
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‘‘(iv) make timely and efficient management of the
project easier according to the law of the United States.
‘‘(D) SPECIAL FINANCIAL RULES.—
‘‘(i) IN GENERAL.—A full funding grant agreement
under this paragraph obligates an amount of available
budget authority specified in law and may include
a commitment, contingent on amounts to be specified
in law in advance for commitments under this paragraph, to obligate an additional amount from future
available budget authority specified in law.
‘‘(ii) STATEMENT OF CONTINGENT COMMITMENT.—
The agreement shall state that the contingent commitment is not an obligation of the Government.
‘‘(iii) INTEREST AND OTHER FINANCING COSTS.—
Interest and other financing costs of efficiently carrying
out a part of the project within a reasonable time
are a cost of carrying out the project under a full
funding grant agreement, except that eligible costs may
not be more than the cost of the most favorable
financing terms reasonably available for the project
at the time of borrowing. The applicant shall certify,
in a way satisfactory to the Secretary, that the
applicant has shown reasonable diligence in seeking
the most favorable financing terms.
‘‘(iv) COMPLETION OF OPERABLE SEGMENT.—The
amount stipulated in an agreement under this paragraph for a new fixed guideway capital project shall
be sufficient to complete at least an operable segment.
‘‘(E) BEFORE AND AFTER STUDY.—
‘‘(i) IN GENERAL.—A full funding grant agreement
under this paragraph shall require the applicant to
conduct a study that—
‘‘(I) describes and analyzes the impacts of the
new fixed guideway capital project or core capacity
improvement project on public transportation services and public transportation ridership;
‘‘(II) evaluates the consistency of predicted and
actual project characteristics and performance; and
‘‘(III) identifies reasons for differences between
predicted and actual outcomes.
‘‘(ii) INFORMATION COLLECTION AND ANALYSIS
PLAN.—
‘‘(I) SUBMISSION OF PLAN.—Applicants seeking
a full funding grant agreement under this paragraph shall submit a complete plan for the collection and analysis of information to identify the
impacts of the new fixed guideway capital project
or core capacity improvement project and the
accuracy of the forecasts prepared during the
development of the project. Preparation of this plan
shall be included in the full funding grant agreement as an eligible activity.
‘‘(II) CONTENTS OF PLAN.—The plan submitted
under subclause (I) shall provide for—
‘‘(aa) collection of data on the current
public transportation system regarding public
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transportation service levels and ridership patterns, including origins and destinations,
access modes, trip purposes, and rider
characteristics;
‘‘(bb) documentation of the predicted
scope, service levels, capital costs, operating
costs, and ridership of the project;
‘‘(cc) collection of data on the public
transportation system 2 years after the
opening of a new fixed guideway capital
project or core capacity improvement project,
including analogous information on public
transportation service levels and ridership patterns and information on the as-built scope,
capital, and financing costs of the project; and
‘‘(dd) analysis of the consistency of predicted project characteristics with actual outcomes.
‘‘(F) COLLECTION OF DATA ON CURRENT SYSTEM.—To
be eligible for a full funding grant agreement under this
paragraph, recipients shall have collected data on the current system, according to the plan required under subparagraph (E)(ii), before the beginning of construction of the
proposed new fixed guideway capital project or core
capacity improvement project. Collection of this data shall
be included in the full funding grant agreement as an
eligible activity.
‘‘(3) EARLY SYSTEMS WORK AGREEMENTS.—
‘‘(A) CONDITIONS.—The Secretary may enter into an
early systems work agreement with an applicant if a record
of decision under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) has been issued on the
project and the Secretary finds there is reason to believe—
‘‘(i) a full funding grant agreement for the project
will be made; and
‘‘(ii) the terms of the work agreement will promote
ultimate completion of the project more rapidly and
at less cost.
‘‘(B) CONTENTS.—
‘‘(i) IN GENERAL.—An early systems work agreement under this paragraph obligates budget authority
available under this chapter and title 23 and shall
provide for reimbursement of preliminary costs of carrying out the project, including land acquisition, timely
procurement of system elements for which specifications are decided, and other activities the Secretary
decides are appropriate to make efficient, long-term
project management easier.
‘‘(ii) CONTINGENT COMMITMENT.—An early systems
work agreement may include a commitment, contingent
on amounts to be specified in law in advance for
commitments under this paragraph, to obligate an
additional amount from future available budget
authority specified in law.
‘‘(iii) PERIOD COVERED.—An early systems work
agreement under this paragraph shall cover the period
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of time the Secretary considers appropriate. The period
may extend beyond the period of current authorization.
‘‘(iv) INTEREST AND OTHER FINANCING COSTS.—
Interest and other financing costs of efficiently carrying
out the early systems work agreement within a reasonable time are a cost of carrying out the agreement,
except that eligible costs may not be more than the
cost of the most favorable financing terms reasonably
available for the project at the time of borrowing. The
applicant shall certify, in a way satisfactory to the
Secretary, that the applicant has shown reasonable
diligence in seeking the most favorable financing
terms.
‘‘(v) FAILURE TO CARRY OUT PROJECT.—If an
applicant does not carry out the project for reasons
within the control of the applicant, the applicant shall
repay all Federal grant funds awarded for the project
from all Federal funding sources, for all project activities, facilities, and equipment, plus reasonable interest
and penalty charges allowable by law or established
by the Secretary in the early systems work agreement.
‘‘(vi) CREDITING OF FUNDS RECEIVED.—Any funds
received by the Government under this paragraph,
other than interest and penalty charges, shall be credited to the appropriation account from which the funds
were originally derived.
‘‘(4) LIMITATION ON AMOUNTS.—
‘‘(A) IN GENERAL.—The Secretary may enter into full
funding grant agreements under this subsection for new
fixed guideway capital projects and core capacity improvement projects that contain contingent commitments to incur
obligations in such amounts as the Secretary determines
are appropriate.
‘‘(B) APPROPRIATION REQUIRED.—An obligation may be
made under this subsection only when amounts are appropriated for the obligation.
‘‘(5) NOTIFICATION TO CONGRESS.—At least 30 days before
issuing a letter of intent, entering into a full funding grant
agreement, or entering into an early systems work agreement
under this section, the Secretary shall notify, in writing, the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Appropriations of the Senate and the Committee
on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives of the proposed
letter or agreement. The Secretary shall include with the
notification a copy of the proposed letter or agreement as well
as the evaluations and ratings for the project.
‘‘(l) GOVERNMENT SHARE OF NET CAPITAL PROJECT COST.—
‘‘(1) IN GENERAL.—Based on engineering studies, studies
of economic feasibility, and information on the expected use
of equipment or facilities, the Secretary shall estimate the
net capital project cost. A grant for a fixed guideway project
or small start project shall not exceed 80 percent of the net
capital project cost. A grant for a core capacity project shall
not exceed 80 percent of the net capital project cost of the
incremental cost of increasing the capacity in the corridor.
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‘‘(2) ADJUSTMENT FOR COMPLETION UNDER BUDGET.—The
Secretary may adjust the final net capital project cost of a
new fixed guideway capital project or core capacity improvement project evaluated under subsection (d), (e), or (i) to include
the cost of eligible activities not included in the originally
defined project if the Secretary determines that the originally
defined project has been completed at a cost that is significantly
below the original estimate.
‘‘(3) MAXIMUM GOVERNMENT SHARE.—The Secretary may
provide a higher grant percentage than requested by the grant
recipient if—
‘‘(A) the Secretary determines that the net capital
project cost of the project is not more than 10 percent
higher than the net capital project cost estimated at the
time the project was approved for advancement into the
engineering phase; and
‘‘(B) the ridership estimated for the project is not less
than 90 percent of the ridership estimated for the project
at the time the project was approved for advancement
into the engineering phase.
‘‘(4) REMAINDER OF NET CAPITAL PROJECT COST.—The
remainder of the net capital project cost shall be provided
from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.
‘‘(5) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing
in this section shall be construed as authorizing the Secretary
to require a non-Federal financial commitment for a project
that is more than 20 percent of the net capital project cost.
‘‘(6) SPECIAL RULE FOR ROLLING STOCK COSTS.—In addition
to amounts allowed pursuant to paragraph (1), a planned extension to a fixed guideway system may include the cost of rolling
stock previously purchased if the applicant satisfies the Secretary that only amounts other than amounts provided by
the Government were used and that the purchase was made
for use on the extension. A refund or reduction of the remainder
may be made only if a refund of a proportional amount of
the grant of the Government is made at the same time.
‘‘(7) LIMITATION ON APPLICABILITY.—This subsection shall
not apply to projects for which the Secretary entered into
a full funding grant agreement before the date of enactment
of the Federal Public Transportation Act of 2012.
‘‘(8) SPECIAL RULE FOR FIXED GUIDEWAY BUS RAPID TRANSIT
PROJECTS.—For up to three fixed-guideway bus rapid transit
projects each fiscal year the Secretary shall—
‘‘(A) establish a Government share of at least 80 percent; and
‘‘(B) not lower the project’s rating for degree of local
financial commitment for purposes of subsections
(d)(2)(A)(v) or (h)(3)(C) as a result of the Government share
specified in this paragraph.
‘‘(m) UNDERTAKING PROJECTS IN ADVANCE.—
‘‘(1) IN GENERAL.—The Secretary may pay the Government
share of the net capital project cost to a State or local governmental authority that carries out any part of a project described
in this section without the aid of amounts of the Government
and according to all applicable procedures and requirements
if—
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‘‘(A) the State or local governmental authority applies
for the payment;
‘‘(B) the Secretary approves the payment; and
‘‘(C) before the State or local governmental authority
carries out the part of the project, the Secretary approves
the plans and specifications for the part in the same way
as other projects under this section.
‘‘(2) FINANCING COSTS.—
‘‘(A) IN GENERAL.—The cost of carrying out part of
a project includes the amount of interest earned and payable on bonds issued by the State or local governmental
authority to the extent proceeds of the bonds are expended
in carrying out the part.
‘‘(B) LIMITATION ON AMOUNT OF INTEREST.—The
amount of interest under this paragraph may not be more
than the most favorable interest terms reasonably available
for the project at the time of borrowing.
‘‘(C) CERTIFICATION.—The applicant shall certify, in
a manner satisfactory to the Secretary, that the applicant
has shown reasonable diligence in seeking the most favorable financing terms.
‘‘(n) AVAILABILITY OF AMOUNTS.—
‘‘(1) IN GENERAL.—An amount made available or appropriated for a new fixed guideway capital project or core capacity
improvement project shall remain available to that project for
5 fiscal years, including the fiscal year in which the amount
is made available or appropriated. Any amounts that are unobligated to the project at the end of the 5-fiscal-year period may
be used by the Secretary for any purpose under this section.
‘‘(2) USE OF DEOBLIGATED AMOUNTS.—An amount available
under this section that is deobligated may be used for any
purpose under this section.
‘‘(o) REPORTS ON NEW FIXED GUIDEWAY AND CORE CAPACITY
IMPROVEMENT PROJECTS.—
‘‘(1) ANNUAL REPORT ON FUNDING RECOMMENDATIONS.—Not
later than the first Monday in February of each year, the
Secretary shall submit to the Committee on Banking, Housing,
and Urban Affairs and the Committee on Appropriations of
the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House
of Representatives a report that includes—
‘‘(A) a proposal of allocations of amounts to be available
to finance grants for projects under this section among
applicants for these amounts;
‘‘(B) evaluations and ratings, as required under subsections (d), (e), and (i), for each such project that is in
project development, engineering, or has received a full
funding grant agreement; and
‘‘(C) recommendations of such projects for funding
based on the evaluations and ratings and on existing
commitments and anticipated funding levels for the next
3 fiscal years based on information currently available
to the Secretary.
‘‘(2) REPORTS ON BEFORE AND AFTER STUDIES.—Not later
than the first Monday in August of each year, the Secretary
shall submit to the committees described in paragraph (1) a
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report containing a summary of the results of any studies
conducted under subsection (k)(2)(E).
‘‘(3) BIENNIAL GAO REVIEW.—The Comptroller General of
the United States shall—
‘‘(A) conduct a biennial review of—
‘‘(i) the processes and procedures for evaluating,
rating, and recommending new fixed guideway capital
projects and core capacity improvement projects; and
‘‘(ii) the Secretary’s implementation of such processes and procedures; and
‘‘(B) report to Congress on the results of such review
by May 31 of each year.’’.
(b) PILOT PROGRAM FOR EXPEDITED PROJECT DELIVERY.—
(1) DEFINITIONS.—In this subsection the following definitions shall apply:
(A) ELIGIBLE PROJECT.—The term ‘‘eligible project’’
means a new fixed guideway capital project or a core
capacity improvement project, as those terms are defined
in section 5309 of title 49, United States Code, as amended
by this section, that has not entered into a full funding
grant agreement with the Federal Transit Administration
before the date of enactment of the Federal Public
Transportation Act of 2012.
(B) PROGRAM.—The term ‘‘program’’ means the pilot
program for expedited project delivery established under
this subsection.
(C) RECIPIENT.—The term ‘‘recipient’’ means a recipient
of funding under chapter 53 of title 49, United States
Code.
(D) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation.
(2) ESTABLISHMENT.—The Secretary shall establish and
implement a pilot program to demonstrate whether innovative
project development and delivery methods or innovative
financing arrangements can expedite project delivery for certain
meritorious new fixed guideway capital projects and core
capacity improvement projects.
(3) LIMITATION ON NUMBER OF PROJECTS.—The Secretary
shall select 3 eligible projects to participate in the program,
of which—
(A) at least 1 shall be an eligible project requesting
more than $100,000,000 in Federal financial assistance
under section 5309 of title 49, United States Code; and
(B) at least 1 shall be an eligible project requesting
less than $100,000,000 in Federal financial assistance
under section 5309 of title 49, United States Code.
(4) GOVERNMENT SHARE.—The Government share of the
total cost of an eligible project that participates in the program
may not exceed 50 percent.
(5) ELIGIBILITY.—A recipient that desires to participate
in the program shall submit to the Secretary an application
that contains, at a minimum—
(A) identification of an eligible project;
(B) a schedule and finance plan for the construction
and operation of the eligible project;
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(C) an analysis of the efficiencies of the proposed
project development and delivery methods or innovative
financing arrangement for the eligible project; and
(D) a certification that the recipient’s existing public
transportation system is in a state of good repair.
(6) SELECTION CRITERIA.—The Secretary may award a full
funding grant agreement under this subsection if the Secretary
determines that—
(A) the recipient has completed planning and the activities required under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
(B) the recipient has the necessary legal, financial,
and technical capacity to carry out the eligible project.
(7) BEFORE AND AFTER STUDY AND REPORT.—
(A) STUDY REQUIRED.—A full funding grant agreement
under this paragraph shall require a recipient to conduct
a study that—
(i) describes and analyzes the impacts of the
eligible project on public transportation services and
public transportation ridership;
(ii) describes and analyzes the consistency of predicted and actual benefits and costs of the innovative
project development and delivery methods or innovative financing for the eligible project; and
(iii) identifies reasons for any differences between
predicted and actual outcomes for the eligible project.
(B) SUBMISSION OF REPORT.—Not later than 9 months
after an eligible project selected to participate in the program begins revenue operations, the recipient shall submit
to the Secretary a report on the results of the study under
subparagraph (A).
SEC. 20009. MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES.
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Section 5310 of title 49, United States Code, is amended to
read as follows:
‘‘§ 5310. Formula grants for the enhanced mobility of seniors
and individuals with disabilities
‘‘(a) DEFINITIONS.—In this section, the following definitions
shall apply:
‘‘(1) RECIPIENT.—The term ‘recipient’ means a designated
recipient or a State that receives a grant under this section
directly.
‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’ means a State
or local governmental authority, a private nonprofit organization, or an operator of public transportation that receives a
grant under this section indirectly through a recipient.
‘‘(b) GENERAL AUTHORITY.—
‘‘(1) GRANTS.—The Secretary may make grants under this
section to recipients for—
‘‘(A) public transportation projects planned, designed,
and carried out to meet the special needs of seniors and
individuals with disabilities when public transportation is
insufficient, inappropriate, or unavailable;
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(B) public transportation projects that exceed the
requirements of the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.);
‘‘(C) public transportation projects that improve access
to fixed route service and decrease reliance by individuals
with disabilities on complementary paratransit; and
‘‘(D) alternatives to public transportation that assist
seniors and individuals with disabilities with transportation.
‘‘(2) LIMITATIONS FOR CAPITAL PROJECTS.—
‘‘(A) AMOUNT AVAILABLE.—The amount available for
capital projects under paragraph (1)(A) shall be not less
than 55 percent of the funds apportioned to the recipient
under this section.
‘‘(B) ALLOCATION TO SUBRECIPIENTS.—A recipient of
a grant under paragraph (1)(A) may allocate the amounts
provided under the grant to—
‘‘(i) a private nonprofit organization; or
‘‘(ii) a State or local governmental authority that—
‘‘(I) is approved by a State to coordinate services for seniors and individuals with disabilities;
or
‘‘(II) certifies that there are no private nonprofit organizations readily available in the area
to provide the services described in paragraph
(1)(A).
‘‘(3) ADMINISTRATIVE EXPENSES.—A recipient may use not
more than 10 percent of the amounts apportioned to the
recipient under this section to administer, plan, and provide
technical assistance for a project funded under this section.
‘‘(4) ELIGIBLE CAPITAL EXPENSES.—The acquisition of public
transportation services is an eligible capital expense under
this section.
‘‘(5) COORDINATION.—
‘‘(A) DEPARTMENT OF TRANSPORTATION.—To the maximum extent feasible, the Secretary shall coordinate activities under this section with related activities under other
Federal departments and agencies.
‘‘(B) OTHER FEDERAL AGENCIES AND NONPROFIT
ORGANIZATIONS.—A State or local governmental authority
or nonprofit organization that receives assistance from
Government sources (other than the Department of
Transportation) for nonemergency transportation services
shall—
‘‘(i) participate and coordinate with recipients of
assistance under this chapter in the design and
delivery of transportation services; and
‘‘(ii) participate in the planning for the transportation services described in clause (i).
‘‘(6) PROGRAM OF PROJECTS.—
‘‘(A) IN GENERAL.—Amounts made available to carry
out this section may be used for transportation projects
to assist in providing transportation services for seniors
and individuals with disabilities, if such transportation
projects are included in a program of projects.
‘‘(B) SUBMISSION.—A recipient shall annually submit
a program of projects to the Secretary.
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‘‘(C) ASSURANCE.—The program of projects submitted
under subparagraph (B) shall contain an assurance that
the program provides for the maximum feasible coordination of transportation services assisted under this section
with transportation services assisted by other Government
sources.
‘‘(7) MEAL DELIVERY FOR HOMEBOUND INDIVIDUALS.—A
public transportation service provider that receives assistance
under this section or section 5311(c) may coordinate and assist
in regularly providing meal delivery service for homebound
individuals, if the delivery service does not conflict with providing public transportation service or reduce service to public
transportation passengers.
‘‘(c) APPORTIONMENT AND TRANSFERS.—
‘‘(1) FORMULA.—The Secretary shall apportion amounts
made available to carry out this section as follows:
‘‘(A) LARGE URBANIZED AREAS.—Sixty percent of the
funds shall be apportioned among designated recipients
for urbanized areas with a population of 200,000 or more
individuals, as determined by the Bureau of the Census,
in the ratio that—
‘‘(i) the number of seniors and individuals with
disabilities in each such urbanized area; bears to
‘‘(ii) the number of seniors and individuals with
disabilities in all such urbanized areas.
‘‘(B) SMALL URBANIZED AREAS.—Twenty percent of the
funds shall be apportioned among the States in the ratio
that—
‘‘(i) the number of seniors and individuals with
disabilities in urbanized areas with a population of
fewer than 200,000 individuals, as determined by the
Bureau of the Census, in each State; bears to
‘‘(ii) the number of seniors and individuals with
disabilities in urbanized areas with a population of
fewer than 200,000 individuals, as determined by the
Bureau of the Census, in all States.
‘‘(C) RURAL AREAS.—Twenty percent of the funds shall
be apportioned among the States in the ratio that—
‘‘(i) the number of seniors and individuals with
disabilities in rural areas in each State; bears to
‘‘(ii) the number of seniors and individuals with
disabilities in rural areas in all States.
‘‘(2) AREAS SERVED BY PROJECTS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B)—
‘‘(i) funds apportioned under paragraph (1)(A) shall
be used for projects serving urbanized areas with a
population of 200,000 or more individuals, as determined by the Bureau of the Census;
‘‘(ii) funds apportioned under paragraph (1)(B)
shall be used for projects serving urbanized areas with
a population of fewer than 200,000 individuals, as
determined by the Bureau of the Census; and
‘‘(iii) funds apportioned under paragraph (1)(C)
shall be used for projects serving rural areas.
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(B) EXCEPTIONS.—A State may use funds apportioned
to the State under subparagraph (B) or (C) of paragraph
(1)—
‘‘(i) for a project serving an area other than an
area specified in subparagraph (A)(ii) or (A)(iii), as
the case may be, if the Governor of the State certifies
that all of the objectives of this section are being met
in the area specified in subparagraph (A)(ii) or (A)(iii);
or
‘‘(ii) for a project anywhere in the State, if the
State has established a statewide program for meeting
the objectives of this section.
‘‘(C) LIMITED TO ELIGIBLE PROJECTS.—Any funds transferred pursuant to subparagraph (B) shall be made available only for eligible projects selected under this section.
‘‘(D) CONSULTATION.—A recipient may transfer an
amount under subparagraph (B) only after consulting with
responsible local officials, publicly owned operators of public
transportation, and nonprofit providers in the area for
which the amount was originally apportioned.
‘‘(d) GOVERNMENT SHARE OF COSTS.—
‘‘(1) CAPITAL PROJECTS.—A grant for a capital project under
this section shall be in an amount equal to 80 percent of
the net capital costs of the project, as determined by the Secretary.
‘‘(2) OPERATING ASSISTANCE.—A grant made under this section for operating assistance may not exceed an amount equal
to 50 percent of the net operating costs of the project, as
determined by the Secretary.
‘‘(3) REMAINDER OF NET COSTS.—The remainder of the net
costs of a project carried out under this section—
‘‘(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve,
a service agreement with a State or local social service
agency or a private social service organization, or new
capital; and
‘‘(B) may be derived from amounts appropriated or
otherwise made available—
‘‘(i) to a department or agency of the Government
(other than the Department of Transportation) that
are eligible to be expended for transportation; or
‘‘(ii) to carry out the Federal lands highways program under section 204 of title 23.
‘‘(4) USE OF CERTAIN FUNDS.—For purposes of paragraph
(3)(B)(i), the prohibition under section 403(a)(5)(C)(vii) of the
Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) on the use of
grant funds for matching requirements shall not apply to Federal or State funds to be used for transportation purposes.
‘‘(e) GRANT REQUIREMENTS.—
‘‘(1) IN GENERAL.—A grant under this section shall be subject to the same requirements as a grant under section 5307,
to the extent the Secretary determines appropriate.
‘‘(2) CERTIFICATION REQUIREMENTS.—
‘‘(A) PROJECT SELECTION AND PLAN DEVELOPMENT.—
Before receiving a grant under this section, each recipient
shall certify that—
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‘‘(i) the projects selected by the recipient are
included in a locally developed, coordinated public
transit-human services transportation plan;
‘‘(ii) the plan described in clause (i) was developed
and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public; and
‘‘(iii) to the maximum extent feasible, the services
funded under this section will be coordinated with
transportation services assisted by other Federal
departments and agencies, including any transportation activities carried out by a recipient of a grant
from the Department of Health and Human Services.
‘‘(B) ALLOCATIONS TO SUBRECIPIENTS.—If a recipient
allocates funds received under this section to subrecipients,
the recipient shall certify that the funds are allocated on
a fair and equitable basis.
‘‘(f) COMPETITIVE PROCESS FOR GRANTS TO SUBRECIPIENTS.—
‘‘(1) AREAWIDE SOLICITATIONS.—A recipient of funds apportioned under subsection (c)(1)(A) may conduct, in cooperation
with the appropriate metropolitan planning organization, an
areawide solicitation for applications for grants under this section.
‘‘(2) STATEWIDE SOLICITATIONS.—A recipient of funds apportioned under subparagraph (B) or (C) of subsection (c)(1) may
conduct a statewide solicitation for applications for grants under
this section.
‘‘(3) APPLICATION.—If the recipient elects to engage in a
competitive process, a recipient or subrecipient seeking to
receive a grant from funds apportioned under subsection (c)
shall submit to the recipient making the election an application
in such form and in accordance with such requirements as
the recipient making the election shall establish.
‘‘(g) TRANSFERS OF FACILITIES AND EQUIPMENT.—A recipient
may transfer a facility or equipment acquired using a grant under
this section to any other recipient eligible to receive assistance
under this chapter, if—
‘‘(1) the recipient in possession of the facility or equipment
consents to the transfer; and
‘‘(2) the facility or equipment will continue to be used
as required under this section.
‘‘(h) PERFORMANCE MEASURES.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of the Federal Public Transportation Act of 2012,
the Secretary shall submit a report to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives making recommendations on the establishment of performance measures for grants under this section.
Such report shall be developed in consultation with national
nonprofit organizations that provide technical assistance and
advocacy on issues related to transportation services for seniors
and individuals with disabilities.
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‘‘(2) MEASURES.—The performance measures to be considered in the report under paragraph (1) shall require the collection of quantitative and qualitative information, as available,
concerning—
‘‘(A) modifications to the geographic coverage of
transportation service, the quality of transportation service,
or service times that increase the availability of transportation services for seniors and individuals with disabilities;
‘‘(B) ridership;
‘‘(C) accessibility improvements; and
‘‘(D) other measures, as the Secretary determines is
appropriate.’’.
SEC. 20010. FORMULA GRANTS FOR RURAL AREAS.
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Section 5311 of title 49, United States Code, is amended to
read as follows:
‘‘§ 5311. Formula grants for rural areas
‘‘(a) DEFINITIONS.—As used in this section, the following definitions shall apply:
‘‘(1) RECIPIENT.—The term ‘recipient’ means a State or
Indian tribe that receives a Federal transit program grant
directly from the Government.
‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’ means a State
or local governmental authority, a nonprofit organization, or
an operator of public transportation or intercity bus service
that receives Federal transit program grant funds indirectly
through a recipient.
‘‘(b) GENERAL AUTHORITY.—
‘‘(1) GRANTS AUTHORIZED.—Except as provided by paragraph (2), the Secretary may award grants under this section
to recipients located in rural areas for—
‘‘(A) planning, provided that a grant under this section
for planning activities shall be in addition to funding
awarded to a State under section 5305 for planning activities that are directed specifically at the needs of rural
areas in the State;
‘‘(B) public transportation capital projects;
‘‘(C) operating costs of equipment and facilities for
use in public transportation;
‘‘(D) job access and reverse commute projects; and
‘‘(E) the acquisition of public transportation services,
including service agreements with private providers of
public transportation service.
‘‘(2) STATE PROGRAM.—
‘‘(A) IN GENERAL.—A project eligible for a grant under
this section shall be included in a State program for public
transportation service projects, including agreements with
private providers of public transportation service.
‘‘(B) SUBMISSION TO SECRETARY.—Each State shall
submit to the Secretary annually the program described
in subparagraph (A).
‘‘(C) APPROVAL.—The Secretary may not approve the
program unless the Secretary determines that—
‘‘(i) the program provides a fair distribution of
amounts in the State, including Indian reservations;
and
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‘‘(ii) the program provides the maximum feasible
coordination of public transportation service assisted
under this section with transportation service assisted
by other Federal sources.
‘‘(3) RURAL TRANSPORTATION ASSISTANCE PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary shall carry out a
rural transportation assistance program in rural areas.
‘‘(B) GRANTS AND CONTRACTS.—In carrying out this
paragraph, the Secretary may use not more than 2 percent
of the amount made available under section 5338(a)(2)(E)
to make grants and contracts for transportation research,
technical assistance, training, and related support services
in rural areas.
‘‘(C) PROJECTS OF A NATIONAL SCOPE.—Not more than
15 percent of the amounts available under subparagraph
(B) may be used by the Secretary to carry out competitively
selected projects of a national scope, with the remaining
balance provided to the States.
‘‘(4) DATA COLLECTION.—Each recipient under this section
shall submit an annual report to the Secretary containing
information on capital investment, operations, and service provided with funds received under this section, including—
‘‘(A) total annual revenue;
‘‘(B) sources of revenue;
‘‘(C) total annual operating costs;
‘‘(D) total annual capital costs;
‘‘(E) fleet size and type, and related facilities;
‘‘(F) vehicle revenue miles; and
‘‘(G) ridership.
‘‘(c) APPORTIONMENTS.—
‘‘(1) PUBLIC TRANSPORTATION ON INDIAN RESERVATIONS.—
Of the amounts made available or appropriated for each fiscal
year pursuant to section 5338(a)(2)(E) to carry out this paragraph, the following amounts shall be apportioned each fiscal
year for grants to Indian tribes for any purpose eligible under
this section, under such terms and conditions as may be established by the Secretary:
‘‘(A) $5,000,000 shall be distributed on a competitive
basis by the Secretary.
‘‘(B) $25,000,000 shall be apportioned as formula
grants, as provided in subsection (j).
‘‘(2) APPALACHIAN DEVELOPMENT PUBLIC TRANSPORTATION
ASSISTANCE PROGRAM.—
‘‘(A) DEFINITIONS.—In this paragraph—
‘‘(i) the term ‘Appalachian region’ has the same
meaning as in section 14102 of title 40; and
‘‘(ii) the term ‘eligible recipient’ means a State
that participates in a program established under subtitle IV of title 40.
‘‘(B) IN GENERAL.—The Secretary shall carry out a
public transportation assistance program in the Appalachian region.
‘‘(C) APPORTIONMENT.—Of amounts made available or
appropriated for each fiscal year under section 5338(a)(2)(E)
to carry out this paragraph, the Secretary shall apportion
funds to eligible recipients for any purpose eligible under
this section, based on the guidelines established under
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PUBLIC LAW 112–141—JULY 6, 2012
section 9.5(b) of the Appalachian Regional Commission
Code.
‘‘(D) SPECIAL RULE.—An eligible recipient may use
amounts that cannot be used for operating expenses under
this paragraph for a highway project if—
‘‘(i) that use is approved, in writing, by the eligible
recipient after appropriate notice and an opportunity
for comment and appeal are provided to affected public
transportation providers; and
‘‘(ii) the eligible recipient, in approving the use
of amounts under this subparagraph, determines that
the local transit needs are being addressed.
‘‘(3) REMAINING AMOUNTS.—
‘‘(A) IN GENERAL.—The amounts made available or
appropriated for each fiscal year pursuant to section
5338(a)(2)(E) that are not apportioned under paragraph
(1) or (2) shall be apportioned in accordance with this
paragraph.
‘‘(B) APPORTIONMENT BASED ON LAND AREA AND POPULATION IN NONURBANIZED AREAS.—
‘‘(i) IN GENERAL.—83.15 percent of the amount
described in subparagraph (A) shall be apportioned
to the States in accordance with this subparagraph.
‘‘(ii) LAND AREA.—
‘‘(I) IN GENERAL.—Subject to subclause (II),
each State shall receive an amount that is equal
to 20 percent of the amount apportioned under
clause (i), multiplied by the ratio of the land area
in rural areas in that State and divided by the
land area in all rural areas in the United States,
as shown by the most recent decennial census
of population.
‘‘(II) MAXIMUM APPORTIONMENT.—No State
shall receive more than 5 percent of the amount
apportioned under subclause (I).
‘‘(iii) POPULATION.—Each State shall receive an
amount equal to 80 percent of the amount apportioned
under clause (i), multiplied by the ratio of the population of rural areas in that State and divided by
the population of all rural areas in the United States,
as shown by the most recent decennial census of population.
‘‘(C) APPORTIONMENT BASED ON LAND AREA, VEHICLE
REVENUE MILES, AND LOW-INCOME INDIVIDUALS IN NONURBANIZED AREAS.—
‘‘(i) IN GENERAL.—16.85 percent of the amount
described in subparagraph (A) shall be apportioned
to the States in accordance with this subparagraph.
‘‘(ii) LAND AREA.—Subject to clause (v), each State
shall receive an amount that is equal to 29.68 percent
of the amount apportioned under clause (i), multiplied
by the ratio of the land area in rural areas in that
State and divided by the land area in all rural areas
in the United States, as shown by the most recent
decennial census of population.
‘‘(iii) VEHICLE REVENUE MILES.—Subject to clause
(v), each State shall receive an amount that is equal
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to 29.68 percent of the amount apportioned under
clause (i), multiplied by the ratio of vehicle revenue
miles in rural areas in that State and divided by the
vehicle revenue miles in all rural areas in the United
States, as determined by national transit database
reporting.
‘‘(iv) LOW-INCOME INDIVIDUALS.—Each State shall
receive an amount that is equal to 40.64 percent of
the amount apportioned under clause (i), multiplied
by the ratio of low-income individuals in rural areas
in that State and divided by the number of low-income
individuals in all rural areas in the United States,
as shown by the Bureau of the Census.
‘‘(v) MAXIMUM APPORTIONMENT.—No State shall
receive—
‘‘(I) more than 5 percent of the amount apportioned under clause (ii); or
‘‘(II) more than 5 percent of the amount apportioned under clause (iii).
‘‘(d) USE FOR LOCAL TRANSPORTATION SERVICE.—A State may
use an amount apportioned under this section for a project included
in a program under subsection (b) of this section and eligible for
assistance under this chapter if the project will provide local
transportation service, as defined by the Secretary of Transportation, in a rural area.
‘‘(e) USE FOR ADMINISTRATION, PLANNING, AND TECHNICAL
ASSISTANCE.—The Secretary may allow a State to use not more
than 10 percent of the amount apportioned under this section
to administer this section and provide technical assistance to a
subrecipient, including project planning, program and management
development, coordination of public transportation programs, and
research the State considers appropriate to promote effective
delivery of public transportation to a rural area.
‘‘(f) INTERCITY BUS TRANSPORTATION.—
‘‘(1) IN GENERAL.—A State shall expend at least 15 percent
of the amount made available in each fiscal year to carry
out a program to develop and support intercity bus transportation. Eligible activities under the program include—
‘‘(A) planning and marketing for intercity bus transportation;
‘‘(B) capital grants for intercity bus facilities;
‘‘(C) joint-use facilities;
‘‘(D) operating grants through purchase-of-service
agreements, user-side subsidies, and demonstration
projects; and
‘‘(E) coordinating rural connections between small
public transportation operations and intercity bus carriers.
‘‘(2) CERTIFICATION.—A State does not have to comply with
paragraph (1) of this subsection in a fiscal year in which the
Governor of the State certifies to the Secretary, after consultation with affected intercity bus service providers, that the intercity bus service needs of the State are being met adequately.
‘‘(g) GOVERNMENT SHARE OF COSTS.—
‘‘(1) CAPITAL PROJECTS.—
‘‘(A) IN GENERAL.—Except as provided by subparagraph
(B), a grant awarded under this section for a capital project
or project administrative expenses shall be for 80 percent
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126 STAT. 684
PUBLIC LAW 112–141—JULY 6, 2012
of the net costs of the project, as determined by the Secretary.
‘‘(B) EXCEPTION.—A State described in section 120(b)
of title 23 shall receive a Government share of the net
costs in accordance with the formula under that section.
‘‘(2) OPERATING ASSISTANCE.—
‘‘(A) IN GENERAL.—Except as provided by subparagraph
(B), a grant made under this section for operating assistance may not exceed 50 percent of the net operating costs
of the project, as determined by the Secretary.
‘‘(B) EXCEPTION.—A State described in section 120(b)
of title 23 shall receive a Government share of the net
operating costs equal to 62.5 percent of the Government
share provided for under paragraph (1)(B).
‘‘(3) REMAINDER.—The remainder of net project costs—
‘‘(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve,
a service agreement with a State or local social service
agency or a private social service organization, or new
capital;
‘‘(B) may be derived from amounts appropriated or
otherwise made available to a department or agency of
the Government (other than the Department of Transportation) that are eligible to be expended for transportation;
‘‘(C) notwithstanding subparagraph (B), may be derived
from amounts made available to carry out the Federal
lands highway program established by section 204 of title
23; and
‘‘(D) in the case of an intercity bus project that includes
both feeder service and an unsubsidized segment of intercity bus service to which the feeder service connects, may
be derived from the costs of a private operator for the
unsubsidized segment of intercity bus service as an inkind match for the operating costs of connecting rural
intercity bus feeder service funded under subsection (f),
if the private operator agrees in writing to the use of
the costs of the private operator for the unsubsidized segment of intercity bus service as an in-kind match.
‘‘(4) USE OF CERTAIN FUNDS.—For purposes of paragraph
(3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act
(42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State
funds to be used for transportation purposes.
‘‘(5) LIMITATION ON OPERATING ASSISTANCE.—A State carrying out a program of operating assistance under this section
may not limit the level or extent of use of the Government
grant for the payment of operating expenses.
‘‘(h) TRANSFER OF FACILITIES AND EQUIPMENT.—With the consent of the recipient currently having a facility or equipment
acquired with assistance under this section, a State may transfer
the facility or equipment to any recipient eligible to receive assistance under this chapter if the facility or equipment will continue
to be used as required under this section.
‘‘(i) RELATIONSHIP TO OTHER LAWS.—
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126 STAT. 685
‘‘(1) IN GENERAL.—Section 5333(b) applies to this section
if the Secretary of Labor utilizes a special warranty that provides a fair and equitable arrangement to protect the interests
of employees.
‘‘(2) RULE OF CONSTRUCTION.—This subsection does not
affect or discharge a responsibility of the Secretary of Transportation under a law of the United States.
‘‘(j) FORMULA GRANTS FOR PUBLIC TRANSPORTATION ON INDIAN
RESERVATIONS.—
‘‘(1) APPORTIONMENT.—
‘‘(A) IN GENERAL.—Of the amounts described in subsection (c)(1)(B)—
‘‘(i) 50 percent of the total amount shall be apportioned so that each Indian tribe providing public
transportation service shall receive an amount equal
to the total amount apportioned under this clause
multiplied by the ratio of the number of vehicle revenue
miles provided by an Indian tribe divided by the total
number of vehicle revenue miles provided by all Indian
tribes, as reported to the Secretary;
‘‘(ii) 25 percent of the total amount shall be apportioned equally among each Indian tribe providing at
least 200,000 vehicle revenue miles of public transportation service annually, as reported to the Secretary;
and
‘‘(iii) 25 percent of the total amount shall be apportioned among each Indian tribe providing public
transportation on tribal lands (as defined by the
Bureau of the Census) on which more than 1,000 lowincome individuals reside (as determined by the
Bureau of the Census) so that each Indian tribe shall
receive an amount equal to the total amount apportioned under this clause multiplied by the ratio of
the number of low-income individuals residing on an
Indian tribe’s lands divided by the total number of
low-income individuals on tribal lands on which more
than 1,000 low-income individuals reside.
‘‘(B) LIMITATION.—No recipient shall receive more than
$300,000 of the amounts apportioned under subparagraph
(A)(iii) in a fiscal year.
‘‘(C) REMAINING AMOUNTS.—Of the amounts made
available under subparagraph (A)(iii), any amounts not
apportioned under that subparagraph shall be allocated
among Indian tribes receiving less than $300,000 in a
fiscal year according to the formula specified in that clause.
‘‘(D) LOW-INCOME INDIVIDUALS.—For purposes of
subparagraph (A)(iii), the term ‘low-income individual’
means an individual whose family income is at or below
100 percent of the poverty line, as that term is defined
in section 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2)), including any revision required
by that section, for a family of the size involved.
‘‘(2) NON-TRIBAL SERVICE PROVIDERS.—A recipient that is
an Indian tribe may use funds apportioned under this subsection to finance public transportation services provided by
a non-tribal provider of public transportation that connects
residents of tribal lands with surrounding communities,
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PUBLIC LAW 112–141—JULY 6, 2012
improves access to employment or healthcare, or otherwise
addresses the mobility needs of tribal members.’’.
SEC.
20011.
RESEARCH, DEVELOPMENT,
DEPLOYMENT PROJECTS.
DEMONSTRATION,
AND
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Section 5312 of title 49, United States Code, is amended to
read as follows:
‘‘§ 5312. Research, development, demonstration, and deployment projects
‘‘(a) RESEARCH, DEVELOPMENT, DEMONSTRATION, AND DEPLOYMENT PROJECTS.—
‘‘(1) IN GENERAL.—The Secretary may make grants and
enter into contracts, cooperative agreements, and other agreements for research, development, demonstration, and deployment projects, and evaluation of research and technology of
national significance to public transportation, that the Secretary determines will improve public transportation.
‘‘(2) AGREEMENTS.—In order to carry out paragraph (1),
the Secretary may make grants to and enter into contracts,
cooperative agreements, and other agreements with—
‘‘(A) departments, agencies, and instrumentalities of
the Government, including Federal laboratories;
‘‘(B) State and local governmental entities;
‘‘(C) providers of public transportation;
‘‘(D) private or non-profit organizations;
‘‘(E) institutions of higher education; and
‘‘(F) technical and community colleges.
‘‘(3) APPLICATION.—
‘‘(A) IN GENERAL.—To receive a grant, contract,
cooperative agreement, or other agreement under this section, an entity described in paragraph (2) shall submit
an application to the Secretary.
‘‘(B) FORM AND CONTENTS.—An application under
subparagraph (A) shall be in such form and contain such
information as the Secretary may require, including—
‘‘(i) a statement of purpose detailing the need being
addressed;
‘‘(ii) the short- and long-term goals of the project,
including opportunities for future innovation and
development, the potential for deployment, and benefits to riders and public transportation; and
‘‘(iii) the short- and long-term funding requirements to complete the project and any future objectives
of the project.
‘‘(b) RESEARCH.—
‘‘(1) IN GENERAL.—The Secretary may make a grant to
or enter into a contract, cooperative agreement, or other agreement under this section with an entity described in subsection
(a)(2) to carry out a public transportation research project that
has as its ultimate goal the development and deployment of
new and innovative ideas, practices, and approaches.
‘‘(2) PROJECT ELIGIBILITY.—A public transportation research
project that receives assistance under paragraph (1) shall focus
on—
‘‘(A) providing more effective and efficient public
transportation service, including services to—
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126 STAT. 687
‘‘(i) seniors;
‘‘(ii) individuals with disabilities; and
‘‘(iii) low-income individuals;
‘‘(B) mobility management and improvements and
travel management systems;
‘‘(C) data and communication system advancements;
‘‘(D) system capacity, including—
‘‘(i) train control;
‘‘(ii) capacity improvements; and
‘‘(iii) performance management;
‘‘(E) capital and operating efficiencies;
‘‘(F) planning and forecasting modeling and simulation;
‘‘(G) advanced vehicle design;
‘‘(H) advancements in vehicle technology;
‘‘(I) asset maintenance and repair systems advancement;
‘‘(J) construction and project management;
‘‘(K) alternative fuels;
‘‘(L) the environment and energy efficiency;
‘‘(M) safety improvements; or
‘‘(N) any other area that the Secretary determines is
important to advance the interests of public transportation.
‘‘(c) INNOVATION AND DEVELOPMENT.—
‘‘(1) IN GENERAL.—The Secretary may make a grant to
or enter into a contract, cooperative agreement, or other agreement under this section with an entity described in subsection
(a)(2) to carry out a public transportation innovation and
development project that seeks to improve public transportation
systems nationwide in order to provide more efficient and effective delivery of public transportation services, including through
technology and technological capacity improvements.
‘‘(2) PROJECT ELIGIBILITY.—A public transportation innovation and development project that receives assistance under
paragraph (1) shall focus on—
‘‘(A) the development of public transportation research
projects that received assistance under subsection (b) that
the Secretary determines were successful;
‘‘(B) planning and forecasting modeling and simulation;
‘‘(C) capital and operating efficiencies;
‘‘(D) advanced vehicle design;
‘‘(E) advancements in vehicle technology;
‘‘(F) the environment and energy efficiency;
‘‘(G) system capacity, including train control and
capacity improvements; or
‘‘(H) any other area that the Secretary determines
is important to advance the interests of public transportation.
‘‘(d) DEMONSTRATION, DEPLOYMENT, AND EVALUATION.—
‘‘(1) IN GENERAL.—The Secretary may, under terms and
conditions that the Secretary prescribes, make a grant to or
enter into a contract, cooperative agreement, or other agreement with an entity described in paragraph (2) to promote
the early deployment and demonstration of innovation in public
transportation that has broad applicability.
‘‘(2) PARTICIPANTS.—An entity described in this paragraph
is—
‘‘(A) an entity described in subsection (a)(2); or
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126 STAT. 688
‘‘(B) a consortium of entities described in subsection
(a)(2), including a provider of public transportation, that
will share the costs, risks, and rewards of early deployment
and demonstration of innovation.
‘‘(3) PROJECT ELIGIBILITY.—A project that receives assistance under paragraph (1) shall seek to build on successful
research, innovation, and development efforts to facilitate—
‘‘(A) the deployment of research and technology
development resulting from private efforts or Federally
funded efforts; and
‘‘(B) the implementation of research and technology
development to advance the interests of public transportation.
‘‘(4) EVALUATION.—Not later than 2 years after the date
on which a project receives assistance under paragraph (1),
the Secretary shall conduct a comprehensive evaluation of the
success or failure of the projects funded under this subsection
and any plan for broad-based implementation of the innovation
promoted by successful projects.
‘‘(5) LOW OR NO EMISSION VEHICLE DEPLOYMENT.—
‘‘(A) DEFINITIONS.—In this paragraph, the following
definitions shall apply:
‘‘(i) ELIGIBLE AREA.—The term ‘eligible area’ means
an area that is—
‘‘(I) designated as a nonattainment area for
ozone or carbon monoxide under section 107(d)
of the Clean Air Act (42 U.S.C. 7407(d)); or
‘‘(II) a maintenance area, as defined in section
5303, for ozone or carbon monoxide.
‘‘(ii) ELIGIBLE PROJECT.—The term ‘eligible project’
means a project or program of projects in an eligible
area for—
‘‘(I) acquiring or leasing low or no emission
vehicles;
‘‘(II) constructing or leasing facilities and
related equipment for low or no emission vehicles;
‘‘(III) constructing new public transportation
facilities to accommodate low or no emission
vehicles; or
‘‘(IV) rehabilitating or improving existing
public transportation facilities to accommodate low
or no emission vehicles.
‘‘(iii) DIRECT CARBON EMISSIONS.—The term ‘direct
carbon emissions’ means the quantity of direct greenhouse gas emissions from a vehicle, as determined
by the Administrator of the Environmental Protection
Agency.
‘‘(iv) LOW OR NO EMISSION BUS.—The term ‘low
or no emission bus’ means a bus that is a low or
no emission vehicle.
‘‘(v) LOW OR NO EMISSION VEHICLE.—The term ‘low
or no emission vehicle’ means—
‘‘(I) a passenger vehicle used to provide public
transportation that the Administrator of the
Environmental Protection Agency has certified
sufficiently reduces energy consumption or reduces
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harmful emissions, including direct carbon emissions, when compared to a comparable standard
vehicle; or
‘‘(II) a zero emission bus used to provide public
transportation.
‘‘(vi) RECIPIENT.—The term ‘recipient’ means—
‘‘(I) for an eligible area that is an urbanized
area with a population of fewer than 200,000
individuals, as determined by the Bureau of the
Census, the State in which the eligible area is
located; and
‘‘(II) for an eligible area not described in
subparagraph (A), the designated recipient for the
eligible area.
‘‘(vii) ZERO EMISSION BUS.—The term ‘zero emission
bus’ means a low or no emission bus that produces
no carbon or particulate matter.
‘‘(B) AUTHORITY.—The Secretary may make grants to
recipients to finance eligible projects under this paragraph.
‘‘(C) GRANT REQUIREMENTS.—
‘‘(i) IN GENERAL.—A grant under this paragraph
shall be subject to the requirements of section 5307.
‘‘(ii) GOVERNMENT SHARE OF COSTS FOR CERTAIN
PROJECTS.—Section 5323(j) applies to projects carried
out under this paragraph, unless the grant recipient
requests a lower grant percentage.
‘‘(iii) COMBINATION OF FUNDING SOURCES.—
‘‘(I) COMBINATION PERMITTED.—A project carried out under this paragraph may receive funding
under section 5307, or any other provision of law.
‘‘(II) GOVERNMENT SHARE.—Nothing in this
clause may be construed to alter the Government
share required under this section, section 5307,
or any other provision of law.
‘‘(D) MINIMUM AMOUNTS.—Of amounts made available
by or appropriated under section 5338(b) in each fiscal
year to carry out this paragraph—
‘‘(i) not less than 65 percent shall be made available to fund eligible projects relating to low or no
emission buses; and
‘‘(ii) not less than 10 percent shall be made available for eligible projects relating to facilities and
related equipment for low or no emission buses.
‘‘(E) COMPETITIVE PROCESS.—The Secretary shall solicit
grant applications and make grants for eligible projects
on a competitive basis.
‘‘(F) PRIORITY CONSIDERATION.—In making grants
under this paragraph, the Secretary shall give priority
to projects relating to low or no emission buses that make
greater reductions in energy consumption and harmful
emissions, including direct carbon emissions, than comparable standard buses or other low or no emission buses.
‘‘(G) AVAILABILITY OF FUNDS.—Any amounts made
available or appropriated to carry out this paragraph—
‘‘(i) shall remain available to an eligible project
for 2 years after the fiscal year for which the amount
is made available or appropriated; and
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(ii) that remain unobligated at the end of the
period described in clause (i) shall be added to the
amount made available to an eligible project in the
following fiscal year.
‘‘(e) ANNUAL REPORT ON RESEARCH.—Not later than the first
Monday in February of each year, the Secretary shall submit to
the Committee on Banking, Housing, and Urban Affairs and the
Committee on Appropriations of the Senate and the Committee
on Transportation and Infrastructure, the Committee on Science,
Space, and Technology, and the Committee on Appropriations of
the House of Representatives a report that includes—
‘‘(1) a description of each project that received assistance
under this section during the preceding fiscal year;
‘‘(2) an evaluation of each project described in paragraph
(1), including any evaluation conducted under subsection (d)(4)
for the preceding fiscal year; and
‘‘(3) a proposal for allocations of amounts for assistance
under this section for the subsequent fiscal year.
‘‘(f) GOVERNMENT SHARE OF COSTS.—
‘‘(1) IN GENERAL.—The Government share of the cost of
a project carried out under this section shall not exceed 80
percent.
‘‘(2) NON-GOVERNMENT SHARE.—The non-Government share
of the cost of a project carried out under this section may
be derived from in-kind contributions.
‘‘(3) FINANCIAL BENEFIT.—If the Secretary determines that
there would be a clear and direct financial benefit to an entity
under a grant, contract, cooperative agreement, or other agreement under this section, the Secretary shall establish a Government share of the costs of the project to be carried out under
the grant, contract, cooperative agreement, or other agreement
that is consistent with the benefit.’’.
SEC. 20012. TECHNICAL ASSISTANCE AND STANDARDS DEVELOPMENT.
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Section 5314 of title 49, United States Code, is amended to
read as follows:
‘‘§ 5314. Technical assistance and standards development
‘‘(a) TECHNICAL ASSISTANCE AND STANDARDS DEVELOPMENT.—
‘‘(1) IN GENERAL.—The Secretary may make grants and
enter into contracts, cooperative agreements, and other agreements (including agreements with departments, agencies, and
instrumentalities of the Government) to carry out activities
that the Secretary determines will assist recipients of assistance
under this chapter to—
‘‘(A) more effectively and efficiently provide public
transportation service;
‘‘(B) administer funds received under this chapter in
compliance with Federal law; and
‘‘(C) improve public transportation.
‘‘(2) ELIGIBLE ACTIVITIES.—The activities carried out under
paragraph (1) may include—
‘‘(A) technical assistance; and
‘‘(B) the development of voluntary and consensus-based
standards and best practices by the public transportation
industry, including standards and best practices for safety,
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126 STAT. 691
fare collection, Intelligent Transportation Systems, accessibility, procurement, security, asset management to maintain a state of good repair, operations, maintenance, vehicle
propulsion, communications, and vehicle electronics.
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary, through a
competitive bid process, may enter into contracts, cooperative agreements, and other agreements with national nonprofit organizations
that have the appropriate demonstrated capacity to provide public
transportation-related technical assistance under this section. The
Secretary may enter into such contracts, cooperative agreements,
and other agreements to assist providers of public transportation
to—
‘‘(1) comply with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) through technical assistance,
demonstration programs, research, public education, and other
activities related to complying with such Act;
‘‘(2) comply with human services transportation coordination requirements and to enhance the coordination of Federal
resources for human services transportation with those of the
Department of Transportation through technical assistance,
training, and support services related to complying with such
requirements;
‘‘(3) meet the transportation needs of elderly individuals;
‘‘(4) increase transit ridership in coordination with metropolitan planning organizations and other entities through
development around public transportation stations through
technical assistance and the development of tools, guidance,
and analysis related to market-based development around
transit stations;
‘‘(5) address transportation equity with regard to the effect
that transportation planning, investment and operations have
for low-income and minority individuals; and
‘‘(6) any other technical assistance activity that the Secretary determines is necessary to advance the interests of public
transportation.
‘‘(c) ANNUAL REPORT ON TECHNICAL ASSISTANCE.—Not later
than the first Monday in February of each year, the Secretary
shall submit to the Committee on Banking, Housing, and Urban
Affairs and the Committee on Appropriations of the Senate and
the Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology, and the Committee on
Appropriations of the House of Representatives a report that
includes—
‘‘(1) a description of each project that received assistance
under this section during the preceding fiscal year;
‘‘(2) an evaluation of the activities carried out by each
organization that received assistance under this section during
the preceding fiscal year; and
‘‘(3) a proposal for allocations of amounts for assistance
under this section for the subsequent fiscal year.
‘‘(d) GOVERNMENT SHARE OF COSTS.—
‘‘(1) IN GENERAL.—The Government share of the cost of
an activity carried out using a grant under this section may
not exceed 80 percent.
‘‘(2) NON-GOVERNMENT SHARE.—The non-Government share
of the cost of an activity carried out using a grant under
this section may be derived from in-kind contributions.’’.
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PUBLIC LAW 112–141—JULY 6, 2012
SEC. 20013. PRIVATE SECTOR PARTICIPATION.
(a) IN GENERAL.—Section 5315 of title 49, United States Code,
is amended to read as follows:
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‘‘§ 5315. Private sector participation
‘‘(a) GENERAL PURPOSES.—In the interest of fulfilling the general purposes of this chapter under section 5301(b), the Secretary
shall—
‘‘(1) better coordinate public and private sector-provided
public transportation services;
‘‘(2) promote more effective utilization of private sector
expertise, financing, and operational capacity to deliver costly
and complex new fixed guideway capital projects; and
‘‘(3) promote transparency and public understanding of
public-private partnerships affecting public transportation.
‘‘(b) ACTIONS TO PROMOTE BETTER COORDINATION BETWEEN
PUBLIC AND PRIVATE SECTOR PROVIDERS OF PUBLIC TRANSPORTATION.—The Secretary shall—
‘‘(1) provide technical assistance to recipients of Federal
transit grant assistance, at the request of a recipient, on practices and methods to best utilize private providers of public
transportation; and
‘‘(2) educate recipients of Federal transit grant assistance
on laws and regulations under this chapter that impact private
providers of public transportation.
‘‘(c) ACTIONS TO PROVIDE TECHNICAL ASSISTANCE FOR ALTERNATIVE PROJECT DELIVERY METHODS.—Upon request by a sponsor
of a new fixed guideway capital project, the Secretary shall—
‘‘(1) identify best practices for public-private partnerships
models in the United States and in other countries;
‘‘(2) develop standard public-private partnership transaction model contracts; and
‘‘(3) perform financial assessments that include the calculation of public and private benefits of a proposed public-private
partnership transaction.’’.
(b)
PUBLIC-PRIVATE
PARTNERSHIP
PROCEDURES
AND
APPROACHES.—
(1) IDENTIFY IMPEDIMENTS.—The Secretary shall—
(A) except as provided in paragraph (6), identify any
provisions of chapter 53 of title 49, United States Code,
and any regulations or practices thereunder, that impede
greater use of public-private partnerships and private
investment in public transportation capital projects; and
(B) develop and implement on a project basis procedures and approaches that—
(i) address such impediments in a manner similar
to the Special Experimental Project Number 15 of the
Federal Highway Administration (commonly referred
to as ‘‘SEP-15’’); and
(ii) protect the public interest and any public
investment in public transportation capital projects
that involve public-private partnerships or private
investment in public transportation capital projects.
(2) TRANSPARENCY.—The Secretary shall develop guidance
to promote greater transparency and public access to publicprivate partnership agreements involving recipients of Federal
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assistance under chapter 53 of title 49, United States Code,
including—
(A) any conflict of interest involving any party involved
in the public-private partnership;
(B) tax and financing aspects related to a public-private
partnership agreement;
(C) changes in the workforce and wages, benefits, or
rules as a result of a public-private partnership;
(D) estimates of the revenue or savings the publicprivate partnership will produce for the private entity and
public entity;
(E) any impacts on other developments and transportation modes as a result of non-compete clauses contained
in public-private partnership agreements; and
(F) any other issues the Secretary believes will increase
transparency of public-private partnership agreements and
protect the public interest.
(3) ASSESSMENT.—In developing and implementing the
guidance under paragraph (2), the Secretary shall encourage
project sponsors to conduct assessments to determine whether
use of a public-private partnership represents a better public
and financial benefit than a similar transaction using public
funding or public project delivery.
(4) REPORT.—Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to Congress a
report on the status of the procedures, approaches, and guidance developed and implemented under paragraphs (1) and
(2).
(5) RULEMAKING.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall issue rules to
carry out the procedures and approaches developed under paragraph (1).
(6) RULE OF CONSTRUCTION.—Nothing in this subsection
may be construed to allow the Secretary to waive any requirement under—
(A) section 5333 of title 49, United States Code;
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); or
(C) any other provision of Federal law.
(c) CONTRACTING OUT STUDY.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate
a comprehensive report on the effect of contracting out public
transportation operations and administrative functions on cost,
availability and level of service, efficiency, and quality of
service.
(2) CONSIDERATIONS.—In developing the report, the Comptroller General shall consider—
(A) the number of grant recipients that have contracted
out services and the types of public transportation services
that are performed under contract, including paratransit
service, fixed route bus service, commuter rail operations,
and administrative functions;
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PUBLIC LAW 112–141—JULY 6, 2012
(B) the size of the populations served by such grant
recipients;
(C) the basis for decisions regarding contracting out
such services;
(D) comparative costs of providing service under contract to providing the same service through public transit
agency employees, using to the greatest extent possible
a standard cost allocation model;
(E) the extent of unionization among privately contracted employees;
(F) the impact to wages and benefits of employees
when publicly provided public transportation services are
contracted out to a private for-profit entity;
(G) the level of transparency and public access to agreements and contracts related to contracted out public
transportation services;
(H) the extent of Federal law, regulations and guidance
prohibiting any conflicts of interest for contractor
employees and businesses;
(I) the extent to which grant recipients evaluate contracted out services before selecting them and the extent
to which grant recipients conduct oversight of those services; and
(J) barriers to contracting out public transportation
operations and administrative functions.
(d) GUIDANCE ON DOCUMENTING COMPLIANCE.—Not later than
1 year after the date of enactment of this Act, the Secretary shall
publish in the Federal Register policy guidance regarding how
to best document compliance by recipients of Federal assistance
under chapter 53 of title 49, United States Code, with the requirements regarding private enterprise participation in public transportation planning and transportation improvement programs under
sections 5303(i)(6), 5306(a), and 5307(c) of such title 49.
SEC. 20014. BUS TESTING FACILITIES.
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Section 5318 of title 49, United States Code, is amended by
striking subsection (e) and inserting the following:
‘‘(e) ACQUIRING NEW BUS MODELS.—
‘‘(1) IN GENERAL.—Amounts appropriated or otherwise
made available under this chapter may be obligated or
expended to acquire a new bus model only if—
‘‘(A) a bus of that model has been tested at a facility
authorized under subsection (a); and
‘‘(B) the bus tested under subparagraph (A) met—
‘‘(i) performance standards for maintainability,
reliability, performance (including braking performance), structural integrity, fuel economy, emissions,
and noise, as established by the Secretary by rule;
and
‘‘(ii) the minimum safety performance standards
established by the Secretary pursuant to section
5329(b).
‘‘(2) BUS TEST ‘PASS/FAIL’ STANDARD.—Not later than 2 years
after the date of enactment of the Federal Public Transportation
Act of 2012, the Secretary shall issue a final rule under
subparagraph (B)(i). The final rule issued under paragraph
(B)(i) shall include a bus model scoring system that results
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in a weighted, aggregate score that uses the testing categories
under subsection (a) and considers the relative importance of
each such testing category. The final rule issued under subparagraph (B)(i) shall establish a ‘pass/fail’ standard that uses the
aggregate score described in the preceding sentence. Amounts
appropriated or otherwise made available under this chapter
may be obligated or expended to acquire a new bus model
only if the new bus model has received a passing aggregate
test score. The Secretary shall work with the bus testing
facility, bus manufacturers, and transit agencies to develop
the bus model scoring system under this paragraph. A passing
aggregate test score under the rule issued under subparagraph
(B)(i) indicates only that amounts appropriated or made available under this chapter may be obligated or expended to acquire
a new bus model and shall not be interpreted as a warranty
or guarantee that the new bus model will meet a purchaser’s
specific requirements.’’.
SEC. 20015. HUMAN RESOURCES AND TRAINING.
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Section 5322 of title 49, United States Code, is amended to
read as follows:
‘‘§ 5322. Human resources and training
‘‘(a) IN GENERAL.—The Secretary may undertake, or make
grants and contracts for, programs that address human resource
needs as they apply to public transportation activities. A program
may include—
‘‘(1) an employment training program;
‘‘(2) an outreach program to increase minority and female
employment in public transportation activities;
‘‘(3) research on public transportation personnel and
training needs; and
‘‘(4) training and assistance for minority business
opportunities.
‘‘(b) INNOVATIVE PUBLIC TRANSPORTATION WORKFORCE
DEVELOPMENT PROGRAM.—
‘‘(1) PROGRAM ESTABLISHED.—The Secretary shall establish
a competitive grant program to assist the development of
innovative activities eligible for assistance under subsection
(a).
‘‘(2) SELECTION OF RECIPIENTS.—To the maximum extent
feasible, the Secretary shall select recipients that—
‘‘(A) are geographically diverse;
‘‘(B) address the workforce and human resources needs
of large public transportation providers;
‘‘(C) address the workforce and human resources needs
of small public transportation providers;
‘‘(D) address the workforce and human resources needs
of urban public transportation providers;
‘‘(E) address the workforce and human resources needs
of rural public transportation providers;
‘‘(F) advance training related to maintenance of alternative energy, energy efficiency, or zero emission vehicles
and facilities used in public transportation;
‘‘(G) target areas with high rates of unemployment;
and
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126 STAT. 696
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(H) address current or projected workforce shortages
in areas that require technical expertise.
‘‘(c) GOVERNMENT’S SHARE OF COSTS.—The Government share
of the cost of a project carried out using a grant under subsection
(a) or (b) shall be 50 percent.
‘‘(d) NATIONAL TRANSIT INSTITUTE.—
‘‘(1) ESTABLISHMENT.—The Secretary shall establish a
national transit institute and award grants to a public 4-year
degree-granting institution of higher education, as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)), in order to carry out the duties of the institute.
‘‘(2) DUTIES.—
‘‘(A) IN GENERAL.—In cooperation with the Federal
Transit Administration, State transportation departments,
public transportation authorities, and national and international entities, the institute established under paragraph
(1) shall develop and conduct training and educational
programs for Federal, State, and local transportation
employees, United States citizens, and foreign nationals
engaged or to be engaged in Government-aid public
transportation work.
‘‘(B) TRAINING AND EDUCATIONAL PROGRAMS.—The
training and educational programs developed under
subparagraph (A) may include courses in recent developments, techniques, and procedures related to—
‘‘(i) intermodal and public transportation planning;
‘‘(ii) management;
‘‘(iii) environmental factors;
‘‘(iv) acquisition and joint use rights-of-way;
‘‘(v) engineering and architectural design;
‘‘(vi) procurement strategies for public transportation systems;
‘‘(vii) turnkey approaches to delivering public
transportation systems;
‘‘(viii) new technologies;
‘‘(ix) emission reduction technologies;
‘‘(x) ways to make public transportation accessible
to individuals with disabilities;
‘‘(xi) construction, construction management,
insurance, and risk management;
‘‘(xii) maintenance;
‘‘(xiii) contract administration;
‘‘(xiv) inspection;
‘‘(xv) innovative finance;
‘‘(xvi) workplace safety; and
‘‘(xvii) public transportation security.
‘‘(3) PROVIDING EDUCATION AND TRAINING.—Education and
training of Government, State, and local transportation
employees under this subsection shall be provided—
‘‘(A) by the Secretary at no cost to the States and
local governments for subjects that are a Government program responsibility; or
‘‘(B) when the education and training are paid under
paragraph (4) of this subsection, by the State, with the
approval of the Secretary, through grants and contracts
with public and private agencies, other institutions, individuals, and the institute.
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‘‘(4) AVAILABILITY OF AMOUNTS.—Not more than .5 percent
of the amounts made available for a fiscal year beginning
after September 30, 1991, to a State or public transportation
authority in the State to carry out sections 5307 and 5309
of this title is available for expenditure by the State and public
transportation authorities in the State, with the approval of
the Secretary, to pay not more than 80 percent of the cost
of tuition and direct educational expenses related to educating
and training State and local transportation employees under
this subsection.
‘‘(e) REPORT.—Not later than 2 years after the date of enactment
of the Federal Public Transportation Act of 2012, the Secretary
shall submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report concerning
the measurable outcomes and impacts of the programs funded under
subsections (a) and (b).’’.
SEC. 20016. GENERAL PROVISIONS.
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Section 5323 of title 49, United States Code, is amended to
read as follows:
‘‘§ 5323. General provisions
‘‘(a) INTERESTS IN PROPERTY.—
‘‘(1) IN GENERAL.—Financial assistance provided under this
chapter to a State or a local governmental authority may be
used to acquire an interest in, or to buy property of, a private
company engaged in public transportation, for a capital project
for property acquired from a private company engaged in public
transportation after July 9, 1964, or to operate a public
transportation facility or equipment in competition with, or
in addition to, transportation service provided by an existing
public transportation company, only if—
‘‘(A) the Secretary determines that such financial
assistance is essential to a program of projects required
under sections 5303, 5304, and 5306;
‘‘(B) the Secretary determines that the program provides for the participation of private companies engaged
in public transportation to the maximum extent feasible;
and
‘‘(C) just compensation under State or local law will
be paid to the company for its franchise or property.
‘‘(2) LIMITATION.—A governmental authority may not use
financial assistance of the United States Government to acquire
land, equipment, or a facility used in public transportation
from another governmental authority in the same geographic
area.
‘‘(b) RELOCATION AND REAL PROPERTY REQUIREMENTS.—The
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) shall apply to financial
assistance for capital projects under this chapter.
‘‘(c) CONSIDERATION OF ECONOMIC, SOCIAL, AND ENVIRONMENTAL INTERESTS.—
‘‘(1) COOPERATION AND CONSULTATION.—The Secretary shall
cooperate and consult with the Secretary of the Interior and
the Administrator of the Environmental Protection Agency on
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each project that may have a substantial impact on the environment.
‘‘(2) COMPLIANCE WITH NEPA.—The National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to
financial assistance for capital projects under this chapter.
‘‘(d) CONDITION ON CHARTER BUS TRANSPORTATION SERVICE.—
‘‘(1) AGREEMENTS.—Financial assistance under this chapter
may be used to buy or operate a bus only if the applicant,
governmental authority, or publicly owned operator that
receives the assistance agrees that, except as provided in the
agreement, the governmental authority or an operator of public
transportation for the governmental authority will not provide
charter bus transportation service outside the urban area in
which it provides regularly scheduled public transportation
service. An agreement shall provide for a fair arrangement
the Secretary of Transportation considers appropriate to ensure
that the assistance will not enable a governmental authority
or an operator for a governmental authority to foreclose a
private operator from providing intercity charter bus service
if the private operator can provide the service.
‘‘(2) VIOLATIONS.—
‘‘(A) INVESTIGATIONS.—On receiving a complaint about
a violation of the agreement required under paragraph
(1), the Secretary shall investigate and decide whether
a violation has occurred.
‘‘(B) ENFORCEMENT OF AGREEMENTS.—If the Secretary
decides that a violation has occurred, the Secretary shall
correct the violation under terms of the agreement.
‘‘(C) ADDITIONAL REMEDIES.—In addition to any remedy
specified in the agreement, the Secretary shall bar a
recipient or an operator from receiving Federal transit
assistance in an amount the Secretary considers appropriate if the Secretary finds a pattern of violations of the
agreement.
‘‘(e) BOND PROCEEDS ELIGIBLE FOR LOCAL SHARE.—
‘‘(1) USE AS LOCAL MATCHING FUNDS.—Notwithstanding any
other provision of law, a recipient of assistance under section
5307, 5309, or 5337 may use the proceeds from the issuance
of revenue bonds as part of the local matching funds for a
capital project.
‘‘(2) MAINTENANCE OF EFFORT.—The Secretary shall
approve of the use of the proceeds from the issuance of revenue
bonds for the remainder of the net project cost only if the
Secretary finds that the aggregate amount of financial support
for public transportation in the urbanized area provided by
the State and affected local governmental authorities during
the next 3 fiscal years, as programmed in the State transportation improvement program under section 5304, is not less
than the aggregate amount provided by the State and affected
local governmental authorities in the urbanized area during
the preceding 3 fiscal years.
‘‘(3) DEBT SERVICE RESERVE.—The Secretary may reimburse
an eligible recipient for deposits of bond proceeds in a debt
service reserve that the recipient establishes pursuant to section 5302(3)(J) from amounts made available to the recipient
under section 5309.
‘‘(f) SCHOOLBUS TRANSPORTATION.—
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126 STAT. 699
‘‘(1) AGREEMENTS.—Financial assistance under this chapter
may be used for a capital project, or to operate public transportation equipment or a public transportation facility, only if
the applicant agrees not to provide schoolbus transportation
that exclusively transports students and school personnel in
competition with a private schoolbus operator. This subsection
does not apply—
‘‘(A) to an applicant that operates a school system
in the area to be served and a separate and exclusive
schoolbus program for the school system; and
‘‘(B) unless a private schoolbus operator can provide
adequate transportation that complies with applicable
safety standards at reasonable rates.
‘‘(2) VIOLATIONS.—If the Secretary finds that an applicant,
governmental authority, or publicly owned operator has violated
the agreement required under paragraph (1), the Secretary
shall bar a recipient or an operator from receiving Federal
transit assistance in an amount the Secretary considers appropriate.
‘‘(g) BUYING BUSES UNDER OTHER LAWS.—Subsections (d) and
(f) of this section apply to financial assistance to buy a bus under
sections 133 and 142 of title 23.
‘‘(h) GRANT AND LOAN PROHIBITIONS.—A grant or loan may
not be used to—
‘‘(1) pay ordinary governmental or nonproject operating
expenses; or
‘‘(2) support a procurement that uses an exclusionary or
discriminatory specification.
‘‘(i) GOVERNMENT SHARE OF COSTS FOR CERTAIN PROJECTS.—
‘‘(1) ACQUIRING VEHICLES AND VEHICLE-RELATED EQUIPMENT
OR FACILITIES.—
‘‘(A) VEHICLES.—A grant for a project to be assisted
under this chapter that involves acquiring vehicles for purposes of complying with or maintaining compliance with
the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) or the Clean Air Act is for 85 percent
of the net project cost.
‘‘(B) VEHICLE-RELATED EQUIPMENT OR FACILITIES.—A
grant for a project to be assisted under this chapter that
involves acquiring vehicle-related equipment or facilities
required by the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.) or vehicle-related equipment or
facilities (including clean fuel or alternative fuel vehiclerelated equipment or facilities) for purposes of complying
with or maintaining compliance with the Clean Air Act,
is for 90 percent of the net project cost of such equipment
or facilities attributable to compliance with those Acts.
The Secretary shall have discretion to determine, through
practicable administrative procedures, the costs of such
equipment or facilities attributable to compliance with
those Acts.
‘‘(2) COSTS INCURRED BY PROVIDERS OF PUBLIC TRANSPORTATION BY VANPOOL.—
‘‘(A) LOCAL MATCHING SHARE.—The local matching
share provided by a recipient of assistance for a capital
project under this chapter may include any amounts
expended by a provider of public transportation by vanpool
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for the acquisition of rolling stock to be used by such
provider in the recipient’s service area, excluding any
amounts the provider may have received in Federal, State,
or local government assistance for such acquisition.
‘‘(B) USE OF REVENUES.—A private provider of public
transportation by vanpool may use revenues it receives
in the provision of public transportation service in the
service area of a recipient of assistance under this chapter
that are in excess of the provider’s operating costs for
the purpose of acquiring rolling stock, if the private provider enters into a legally binding agreement with the
recipient that requires the provider to use the rolling stock
in the recipient’s service area.
‘‘(C) DEFINITIONS.—In this paragraph, the following
definitions apply:
‘‘(i) PRIVATE PROVIDER OF PUBLIC TRANSPORTATION
BY VANPOOL.—The term ‘private provider of public
transportation by vanpool’ means a private entity providing vanpool services in the service area of a recipient
of assistance under this chapter using a commuter
highway vehicle or vanpool vehicle.
‘‘(ii) COMMUTER HIGHWAY VEHICLE; VANPOOL
VEHICLE.—The term ‘commuter highway vehicle or vanpool vehicle’ means any vehicle—
‘‘(I) the seating capacity of which is at least
6 adults (not including the driver); and
‘‘(II) at least 80 percent of the mileage use
of which can be reasonably expected to be for
the purposes of transporting commuters in connection with travel between their residences and their
place of employment.
‘‘(j) BUY AMERICA.—
‘‘(1) IN GENERAL.—The Secretary may obligate an amount
that may be appropriated to carry out this chapter for a project
only if the steel, iron, and manufactured goods used in the
project are produced in the United States.
‘‘(2) WAIVER.—The Secretary may waive paragraph (1) of
this subsection if the Secretary finds that—
‘‘(A) applying paragraph (1) would be inconsistent with
the public interest;
‘‘(B) the steel, iron, and goods produced in the United
States are not produced in a sufficient and reasonably
available amount or are not of a satisfactory quality;
‘‘(C) when procuring rolling stock (including train control, communication, and traction power equipment) under
this chapter—
‘‘(i) the cost of components and subcomponents
produced in the United States is more than 60 percent
of the cost of all components of the rolling stock; and
‘‘(ii) final assembly of the rolling stock has occurred
in the United States; or
‘‘(D) including domestic material will increase the cost
of the overall project by more than 25 percent.
‘‘(3) WRITTEN WAIVER DETERMINATION AND ANNUAL
REPORT.—
‘‘(A) WRITTEN DETERMINATION.—Before issuing a
waiver under paragraph (2), the Secretary shall—
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‘‘(i) publish in the Federal Register and make publicly available in an easily identifiable location on the
website of the Department of Transportation a detailed
written explanation of the waiver determination; and
‘‘(ii) provide the public with a reasonable period
of time for notice and comment.
‘‘(B) ANNUAL REPORT.—Not later than 1 year after the
date of enactment of the Federal Public Transportation
Act of 2012, and annually thereafter, the Secretary shall
submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
listing any waiver issued under paragraph (2) during the
preceding year.
‘‘(4) LABOR COSTS FOR FINAL ASSEMBLY.—In this subsection,
labor costs involved in final assembly are not included in calculating the cost of components.
‘‘(5) WAIVER PROHIBITED.—The Secretary may not make
a waiver under paragraph (2) of this subsection for goods produced in a foreign country if the Secretary, in consultation
with the United States Trade Representative, decides that the
government of that foreign country—
‘‘(A) has an agreement with the United States Government under which the Secretary has waived the requirement of this subsection; and
‘‘(B) has violated the agreement by discriminating
against goods to which this subsection applies that are
produced in the United States and to which the agreement
applies.
‘‘(6) PENALTY FOR MISLABELING AND MISREPRESENTATION.—
A person is ineligible under subpart 9.4 of the Federal Acquisition Regulation, or any successor thereto, to receive a contract
or subcontract made with amounts authorized under the Federal Public Transportation Act of 2012 if a court or department,
agency, or instrumentality of the Government decides the person intentionally—
‘‘(A) affixed a ‘Made in America’ label, or a label with
an inscription having the same meaning, to goods sold
in or shipped to the United States that are used in a
project to which this subsection applies but not produced
in the United States; or
‘‘(B) represented that goods described in subparagraph
(A) of this paragraph were produced in the United States.
‘‘(7) STATE REQUIREMENTS.—The Secretary may not impose
any limitation on assistance provided under this chapter that
restricts a State from imposing more stringent requirements
than this subsection on the use of articles, materials, and
supplies mined, produced, or manufactured in foreign countries
in projects carried out with that assistance or restricts a
recipient of that assistance from complying with those Stateimposed requirements.
‘‘(8) OPPORTUNITY TO CORRECT INADVERTENT ERROR.—The
Secretary may allow a manufacturer or supplier of steel, iron,
or manufactured goods to correct after bid opening any certification of noncompliance or failure to properly complete the
certification (but not including failure to sign the certification)
under this subsection if such manufacturer or supplier attests
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under penalty of perjury that such manufacturer or supplier
submitted an incorrect certification as a result of an inadvertent
or clerical error. The burden of establishing inadvertent or
clerical error is on the manufacturer or supplier.
‘‘(9) ADMINISTRATIVE REVIEW.—A party adversely affected
by an agency action under this subsection shall have the right
to seek review under section 702 of title 5.
‘‘(k) PARTICIPATION OF GOVERNMENTAL AGENCIES IN DESIGN
AND DELIVERY OF TRANSPORTATION SERVICES.—Governmental agencies and nonprofit organizations that receive assistance from
Government sources (other than the Department of Transportation)
for nonemergency transportation services shall—
‘‘(1) participate and coordinate with recipients of assistance
under this chapter in the design and delivery of transportation
services; and
‘‘(2) be included in the planning for those services.
‘‘(l) RELATIONSHIP TO OTHER LAWS.—
‘‘(1) FRAUD AND FALSE STATEMENTS.—Section 1001 of title
18 applies to a certificate, submission, or statement provided
under this chapter. The Secretary may terminate financial
assistance under this chapter and seek reimbursement directly,
or by offsetting amounts, available under this chapter if the
Secretary determines that a recipient of such financial assistance has made a false or fraudulent statement or related act
in connection with a Federal public transportation program.
ACTIVITIES
OF
NONSUPERVISORY
‘‘(2)
POLITICAL
EMPLOYEES.—The provision of assistance under this chapter
shall not be construed to require the application of chapter
15 of title 5 to any nonsupervisory employee of a public
transportation system (or any other agency or entity performing
related functions) to whom such chapter does not otherwise
apply.
‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF ROLLING STOCK
PURCHASES.—The Secretary shall prescribe regulations requiring
a preaward and postdelivery review of a grant under this chapter
to buy rolling stock to ensure compliance with Government motor
vehicle safety requirements, subsection (j) of this section, and bid
specifications requirements of grant recipients under this chapter.
Under this subsection, independent inspections and review are
required, and a manufacturer certification is not sufficient. Rolling
stock procurements of 20 vehicles or fewer made for the purpose
of serving rural areas and urbanized areas with populations of
200,000 or fewer shall be subject to the same requirements as
established for procurements of 10 or fewer buses under the postdelivery purchaser’s requirements certification process under section 663.37(c) of title 49, Code of Federal Regulations.
‘‘(n) SUBMISSION OF CERTIFICATIONS.—A certification required
under this chapter and any additional certification or assurance
required by law or regulation to be submitted to the Secretary
may be consolidated into a single document to be submitted
annually as part of a grant application under this chapter. The
Secretary shall publish annually a list of all certifications required
under this chapter with the publication required under section
5336(d)(2).
‘‘(o) GRANT REQUIREMENTS.—The grant requirements under sections 5307, 5309, and 5337 apply to any project under this chapter
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that receives any assistance or other financing under chapter 6
(other than section 609) of title 23.
‘‘(p) ALTERNATIVE FUELING FACILITIES.—A recipient of assistance under this chapter may allow the incidental use of federally
funded alternative fueling facilities and equipment by nontransit
public entities and private entities if—
‘‘(1) the incidental use does not interfere with the recipient’s
public transportation operations;
‘‘(2) all costs related to the incidental use are fully recaptured by the recipient from the nontransit public entity or
private entity;
‘‘(3) the recipient uses revenues received from the incidental
use in excess of costs for planning, capital, and operating
expenses that are incurred in providing public transportation;
and
‘‘(4) private entities pay all applicable excise taxes on fuel.
‘‘(q) CORRIDOR PRESERVATION.—
‘‘(1) IN GENERAL.—The Secretary may assist a recipient
in acquiring right-of-way before the completion of the environmental reviews for any project that may use the right-of-way
if the acquisition is otherwise permitted under Federal law.
The Secretary may establish restrictions on such an acquisition
as the Secretary determines to be necessary and appropriate.
‘‘(2) ENVIRONMENTAL REVIEWS.—Right-of-way acquired
under this subsection may not be developed in anticipation
of the project until all required environmental reviews for the
project have been completed.
‘‘(r) REASONABLE ACCESS TO PUBLIC TRANSPORTATION FACILITIES.—A recipient of assistance under this chapter may not deny
reasonable access for a private intercity or charter transportation
operator to federally funded public transportation facilities,
including intermodal facilities, park and ride lots, and bus-only
highway lanes. In determining reasonable access, capacity requirements of the recipient of assistance and the extent to which access
would be detrimental to existing public transportation services must
be considered.’’.
SEC. 20017. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM.
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(a) IN GENERAL.—Section 5324 of title 49, United States Code,
is amended to read as follows:
‘‘§ 5324. Public transportation emergency relief program
‘‘(a) DEFINITION.—In this section the following definitions shall
apply:
‘‘(1) ELIGIBLE OPERATING COSTS.—The term ‘eligible operating costs’ means costs relating to—
‘‘(A) evacuation services;
‘‘(B) rescue operations;
‘‘(C) temporary public transportation service; or
‘‘(D) reestablishing, expanding, or relocating public
transportation route service before, during, or after an
emergency.
‘‘(2) EMERGENCY.—The term ‘emergency’ means a natural
disaster affecting a wide area (such as a flood, hurricane, tidal
wave, earthquake, severe storm, or landslide) or a catastrophic
failure from any external cause, as a result of which—
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‘‘(A) the Governor of a State has declared an emergency
and the Secretary has concurred; or
‘‘(B) the President has declared a major disaster under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170).
‘‘(b) GENERAL AUTHORITY.—The Secretary may make grants
and enter into contracts and other agreements (including agreements with departments, agencies, and instrumentalities of the
Government) for—
‘‘(1) capital projects to protect, repair, reconstruct, or
replace equipment and facilities of a public transportation
system operating in the United States or on an Indian reservation that the Secretary determines is in danger of suffering
serious damage, or has suffered serious damage, as a result
of an emergency; and
‘‘(2) eligible operating costs of public transportation equipment and facilities in an area directly affected by an emergency
during—
‘‘(A) the 1-year period beginning on the date of a declaration described in subsection (a)(2); or
‘‘(B) if the Secretary determines there is a compelling
need, the 2-year period beginning on the date of a declaration described in subsection (a)(2).
‘‘(c) COORDINATION OF EMERGENCY FUNDS.—
‘‘(1) USE OF FUNDS.—Funds appropriated to carry out this
section shall be in addition to any other funds available under
this chapter.
‘‘(2) NO EFFECT ON OTHER GOVERNMENT ACTIVITY.—The
provision of funds under this section shall not affect the ability
of any other agency of the Government, including the Federal
Emergency Management Agency, or a State agency, a local
governmental entity, organization, or person, to provide any
other funds otherwise authorized by law.
‘‘(3) NOTIFICATION.—The Secretary shall notify the Secretary of Homeland Security of the purpose and amount of
any grant made or contract or other agreement entered into
under this section.
‘‘(d) GRANT REQUIREMENTS.—A grant awarded under this section or under section 5307 or 5311 that is made to address an
emergency defined under subsection (a)(2) shall be—
‘‘(1) subject to the terms and conditions the Secretary determines are necessary; and
‘‘(2) made only for expenses that are not reimbursed under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
‘‘(e) GOVERNMENT SHARE OF COSTS.—
‘‘(1) CAPITAL PROJECTS AND OPERATING ASSISTANCE.—A
grant, contract, or other agreement for a capital project or
eligible operating costs under this section shall be, at the option
of the recipient, for not more than 80 percent of the net project
cost, as determined by the Secretary.
‘‘(2) NON-FEDERAL SHARE.—The remainder of the net project
cost may be provided from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, or new capital.
‘‘(3) WAIVER.—The Secretary may waive, in whole or part,
the non-Federal share required under—
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 705
‘‘(A) paragraph (2); or
‘‘(B) section 5307 or 5311, in the case of a grant made
available under section 5307 or 5311, respectively, to
address an emergency.’’.
(b) MEMORANDUM OF AGREEMENT.—
(1) PURPOSES.—The purposes of this subsection are—
(A) to improve coordination between the Department
of Transportation and the Department of Homeland Security; and
(B) to expedite the provision of Federal assistance for
public transportation systems for activities relating to a
major disaster or emergency declared by the President
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) (referred to in
this subsection as a ‘‘major disaster or emergency’’).
(2) AGREEMENT.—Not later than 180 days after the date
of enactment of this Act, the Secretary of Transportation and
the Secretary of Homeland Security shall enter into a memorandum of agreement to coordinate the roles and responsibilities of the Department of Transportation and the Department
of Homeland Security in providing assistance for public
transportation, including the provision of public transportation
services and the repair and restoration of public transportation
systems in areas for which the President has declared a major
disaster or emergency.
(3) CONTENTS OF AGREEMENT.—The memorandum of agreement required under paragraph (2) shall—
(A) provide for improved coordination and expeditious
use of public transportation, as appropriate, in response
to and recovery from a major disaster or emergency;
(B) establish procedures to address—
(i) issues that have contributed to delays in the
reimbursement of eligible transportation-related
expenses relating to a major disaster or emergency;
(ii) any challenges identified in the review under
paragraph (4); and
(iii) the coordination of assistance for public
transportation provided under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act and section 5324 of title 49, United States Code, as amended
by this Act, as appropriate; and
(C) provide for the development and distribution of
clear guidelines for State, local, and tribal governments,
including public transportation systems, relating to—
(i) assistance available for public transportation
systems for activities relating to a major disaster or
emergency—
(I) under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act;
(II) under section 5324 of title 49, United
States Code, as amended by this Act; and
(III) from other sources, including other Federal agencies; and
(ii) reimbursement procedures that speed the
process of—
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PUBLIC LAW 112–141—JULY 6, 2012
(I) applying for assistance under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act and section 5324 of title 49, United States
Code, as amended by this Act; and
(II) distributing assistance for public transportation systems under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and
section 5324 of title 49, United States Code, as
amended by this Act.
(4) AFTER ACTION REVIEW.—Before entering into a memorandum of agreement under paragraph (2), the Secretary of
Transportation and the Secretary of Homeland Security (acting
through the Administrator of the Federal Emergency Management Agency), in consultation with State, local, and tribal
governments (including public transportation systems) that
have experienced a major disaster or emergency, shall review
after action reports relating to major disasters, emergencies,
and exercises, to identify areas where coordination between
the Department of Transportation and the Department of
Homeland Security and the provision of public transportation
services should be improved.
(5) FACTORS FOR DECLARATIONS OF MAJOR DISASTERS AND
EMERGENCIES.—The Administrator of the Federal Emergency
Management Agency shall make available to State, local, and
tribal governments, including public transportation systems,
a description of the factors that the President considers in
declaring a major disaster or emergency, including any predisaster emergency declaration policies.
(6) BRIEFINGS.—
(A) INITIAL BRIEFING.—Not later than 180 days after
the date of enactment of this Act, the Secretary of Transportation and the Secretary of Homeland Security shall jointly
brief the Committee on Banking, Housing, and Urban
Affairs and the Committee on Homeland Security and
Governmental Affairs of the Senate on the memorandum
of agreement required under paragraph (2).
(B) QUARTERLY BRIEFINGS.—Each quarter of the 1-year
period beginning on the date on which the Secretary of
Transportation and the Secretary of Homeland Security
enter into the memorandum of agreement required under
paragraph (2), the Secretary of Transportation and the
Secretary of Homeland Security shall jointly brief the Committee on Banking, Housing, and Urban Affairs and the
Committee on Homeland Security and Governmental
Affairs of the Senate on the implementation of the memorandum of agreement.
Deadline.
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SEC. 20018. CONTRACT REQUIREMENTS.
Section 5325 of title 49, United States Code, is amended—
(1) in subsection (e), by striking paragraph (1) and inserting
the following:
‘‘(1) CONTRACTS.—A recipient procuring rolling stock with
Government financial assistance under this chapter may make
a multiyear contract to buy the rolling stock and replacement
parts under which the recipient has an option to buy additional
rolling stock or replacement parts for—
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‘‘(A) not more than 5 years after the date of the original
contract for bus procurements; and
‘‘(B) not more than 7 years after the date of the original
contract for rail procurements, provided that such option
does not allow for significant changes or alterations to
the rolling stock.’’.
(2) in subsection (h), by striking ‘‘Federal Public Transportation Act of 2005’’ and inserting ‘‘Federal Public Transportation
Act of 2012’’;
(3) in subsection (j)(2)(C), by striking ‘‘, including the
performance reported in the Contractor Performance Assessment Reports required under section 5309(l)(2)’’; and
(4) by adding at the end the following:
‘‘(k) VETERANS EMPLOYMENT.—Recipients and subrecipients of
Federal financial assistance under this chapter shall ensure that
contractors working on a capital project funded using such assistance give a hiring preference, to the extent practicable, to veterans
(as defined in section 2108 of title 5) who have the requisite skills
and abilities to perform the construction work required under the
contract. This subsection shall not be understood, construed or
enforced in any manner that would require an employer to give
a preference to any veteran over any equally qualified applicant
who is a member of any racial or ethnic minority, female, an
individual with a disability, or a former employee.’’.
SEC. 20019. TRANSIT ASSET MANAGEMENT.
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Section 5326 of title 49, United States Code, is amended to
read as follows:
‘‘§ 5326. Transit asset management
‘‘(a) DEFINITIONS.—In this section the following definitions shall
apply:
‘‘(1) CAPITAL ASSET.—The term ‘capital asset’ includes
equipment, rolling stock, infrastructure, and facilities for use
in public transportation and owned or leased by a recipient
or subrecipient of Federal financial assistance under this
chapter.
‘‘(2) TRANSIT ASSET MANAGEMENT PLAN.—The term ‘transit
asset management plan’ means a plan developed by a recipient
of funding under this chapter that—
‘‘(A) includes, at a minimum, capital asset inventories
and condition assessments, decision support tools, and
investment prioritization; and
‘‘(B) the recipient certifies complies with the rule issued
under this section.
‘‘(3) TRANSIT ASSET MANAGEMENT SYSTEM.—The term
‘transit asset management system’ means a strategic and
systematic process of operating, maintaining, and improving
public transportation capital assets effectively throughout the
life cycle of such assets.
‘‘(b) TRANSIT ASSET MANAGEMENT SYSTEM.—The Secretary shall
establish and implement a national transit asset management
system, which shall include—
‘‘(1) a definition of the term ‘state of good repair’ that
includes objective standards for measuring the condition of
capital assets of recipients, including equipment, rolling stock,
infrastructure, and facilities;
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‘‘(2) a requirement that recipients and subrecipients of
Federal financial assistance under this chapter develop a
transit asset management plan;
‘‘(3) a requirement that each designated recipient of Federal
financial assistance under this chapter report on the condition
of the system of the recipient and provide a description of
any change in condition since the last report;
‘‘(4) an analytical process or decision support tool for use
by public transportation systems that—
‘‘(A) allows for the estimation of capital investment
needs of such systems over time; and
‘‘(B) assists with asset investment prioritization by
such systems; and
‘‘(5) technical assistance to recipients of Federal financial
assistance under this chapter.
‘‘(c) PERFORMANCE MEASURES AND TARGETS.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of the Federal Public Transportation Act of 2012,
the Secretary shall issue a final rule to establish performance
measures based on the state of good repair standards established under subsection (b)(1).
‘‘(2) TARGETS.—Not later than 3 months after the date
on which the Secretary issues a final rule under paragraph
(1), and each fiscal year thereafter, each recipient of Federal
financial assistance under this chapter shall establish performance targets in relation to the performance measures established by the Secretary.
‘‘(3) REPORTS.—Each designated recipient of Federal financial assistance under this chapter shall submit to the Secretary
an annual report that describes—
‘‘(A) the progress of the recipient during the fiscal
year to which the report relates toward meeting the
performance targets established under paragraph (2) for
that fiscal year; and
‘‘(B) the performance targets established by the
recipient for the subsequent fiscal year.
‘‘(d) RULEMAKING.—Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2012, the
Secretary shall issue a final rule to implement the transit asset
management system described in subsection (b).’’.
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SEC. 20020. PROJECT MANAGEMENT OVERSIGHT.
Section 5327 of title 49, United States Code, is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘United States’’ and all that follows through ‘‘Secretary
of Transportation’’ and inserting the following: ‘‘Federal
financial assistance for a major capital project for public
transportation under this chapter or any other provision
of Federal law, a recipient must prepare a project management plan approved by the Secretary and carry out the
project in accordance with the project management plan’’;
and
(B) in paragraph (12), by striking ‘‘each month’’ and
inserting ‘‘quarterly’’;
(2) by striking subsections (c), (d), and (f);
(3) by inserting after subsection (b) the following:
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‘‘(c) ACCESS TO SITES AND RECORDS.—Each recipient of Federal
financial assistance for public transportation under this chapter
or any other provision of Federal law shall provide the Secretary
and a contractor the Secretary chooses under section 5338(i) with
access to the construction sites and records of the recipient when
reasonably necessary.’’;
(4) by redesignating subsection (e) as subsection (d); and
(5) in subsection (d), as so redesignated—
(A) in paragraph (1), by striking ‘‘subsection (c) of
this section’’ and inserting ‘‘section 5338(i)’’; and
(B) in paragraph (2)—
(i) by striking ‘‘preliminary engineering stage’’ and
inserting ‘‘project development phase’’; and
(ii) by striking ‘‘another stage’’ and inserting
‘‘another phase’’.
SEC. 20021. PUBLIC TRANSPORTATION SAFETY.
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(a) PUBLIC TRANSPORTATION SAFETY PROGRAM.—Section 5329
of title 49, United States Code, is amended to read as follows:
‘‘§ 5329. Public transportation safety program
‘‘(a) DEFINITION.—In this section, the term ‘recipient’ means
a State or local governmental authority, or any other operator
of a public transportation system, that receives financial assistance
under this chapter.
‘‘(b) NATIONAL PUBLIC TRANSPORTATION SAFETY PLAN.—
‘‘(1) IN GENERAL.—The Secretary shall create and implement a national public transportation safety plan to improve
the safety of all public transportation systems that receive
funding under this chapter.
‘‘(2) CONTENTS OF PLAN.—The national public transportation safety plan under paragraph (1) shall include—
‘‘(A) safety performance criteria for all modes of public
transportation;
‘‘(B) the definition of the term ‘state of good repair’
established under section 5326(b);
‘‘(C) minimum safety performance standards for public
transportation vehicles used in revenue operations that—
‘‘(i) do not apply to rolling stock otherwise regulated by the Secretary or any other Federal agency;
and
‘‘(ii) to the extent practicable, take into consideration—
‘‘(I) relevant recommendations of the National
Transportation Safety Board; and
‘‘(II) recommendations of, and best practices
standards developed by, the public transportation
industry; and
‘‘(D) a public transportation safety certification training
program, as described in subsection (c).
‘‘(c) PUBLIC TRANSPORTATION SAFETY CERTIFICATION TRAINING
PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall establish a public
transportation safety certification training program for Federal
and State employees, or other designated personnel, who conduct safety audits and examinations of public transportation
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Certification.
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systems and employees of public transportation agencies
directly responsible for safety oversight.
‘‘(2) INTERIM PROVISIONS.—Not later than 90 days after
the date of enactment of the Federal Public Transportation
Act of 2012, the Secretary shall establish interim provisions
for the certification and training of the personnel described
in paragraph (1), which shall be in effect until the effective
date of the final rule issued by the Secretary to implement
this subsection.
‘‘(d) PUBLIC TRANSPORTATION AGENCY SAFETY PLAN.—
‘‘(1) IN GENERAL.—Effective 1 year after the effective date
of a final rule issued by the Secretary to carry out this subsection, each recipient or State, as described in paragraph
(3), shall certify that the recipient or State has established
a comprehensive agency safety plan that includes, at a minimum—
‘‘(A) a requirement that the board of directors (or
equivalent entity) of the recipient approve the agency safety
plan and any updates to the agency safety plan;
‘‘(B) methods for identifying and evaluating safety risks
throughout all elements of the public transportation system
of the recipient;
‘‘(C) strategies to minimize the exposure of the public,
personnel, and property to hazards and unsafe conditions;
‘‘(D) a process and timeline for conducting an annual
review and update of the safety plan of the recipient;
‘‘(E) performance targets based on the safety performance criteria and state of good repair standards established
under subparagraphs (A) and (B), respectively, of subsection (b)(2);
‘‘(F) assignment of an adequately trained safety officer
who reports directly to the general manager, president,
or equivalent officer of the recipient; and
‘‘(G) a comprehensive staff training program for the
operations personnel and personnel directly responsible for
safety of the recipient that includes—
‘‘(i) the completion of a safety training program;
and
‘‘(ii) continuing safety education and training.
‘‘(2) INTERIM AGENCY SAFETY PLAN.—A system safety plan
developed pursuant to part 659 of title 49, Code of Federal
Regulations, as in effect on the date of enactment of the Federal
Public Transportation Act of 2012, shall remain in effect until
such time as this subsection takes effect.
‘‘(3) PUBLIC TRANSPORTATION AGENCY SAFETY PLAN
DRAFTING AND CERTIFICATION.—
‘‘(A) SECTION 5311.—For a recipient receiving assistance
under section 5311, a State safety plan may be drafted
and certified by the recipient or a State.
‘‘(B) SECTION 5307.—Not later than 120 days after the
date of enactment of the Federal Public Transportation
Act of 2012, the Secretary shall issue a rule designating
recipients of assistance under section 5307 that are small
public transportation providers or systems that may have
their State safety plans drafted or certified by a State.
‘‘(e) STATE SAFETY OVERSIGHT PROGRAM.—
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 711
‘‘(1) APPLICABILITY.—This subsection applies only to eligible
States.
‘‘(2) DEFINITION.—In this subsection, the term ‘eligible
State’ means a State that has—
‘‘(A) a rail fixed guideway public transportation system
within the jurisdiction of the State that is not subject
to regulation by the Federal Railroad Administration; or
‘‘(B) a rail fixed guideway public transportation system
in the engineering or construction phase of development
within the jurisdiction of the State that will not be subject
to regulation by the Federal Railroad Administration.
‘‘(3) IN GENERAL.—In order to obligate funds apportioned
under section 5338 to carry out this chapter, effective 3 years
after the date on which a final rule under this subsection
becomes effective, an eligible State shall have in effect a State
safety oversight program approved by the Secretary under
which the State—
‘‘(A) assumes responsibility for overseeing rail fixed
guideway public transportation safety;
‘‘(B) adopts and enforces Federal and relevant State
laws on rail fixed guideway public transportation safety;
‘‘(C) establishes a State safety oversight agency;
‘‘(D) determines, in consultation with the Secretary,
an appropriate staffing level for the State safety oversight
agency that is commensurate with the number, size, and
complexity of the rail fixed guideway public transportation
systems in the eligible State;
‘‘(E) requires that employees and other designated personnel of the eligible State safety oversight agency who
are responsible for rail fixed guideway public transportation
safety oversight are qualified to perform such functions
through appropriate training, including successful completion of the public transportation safety certification training
program established under subsection (c); and
‘‘(F) prohibits any public transportation agency from
providing funds to the State safety oversight agency or
an entity designated by the eligible State as the State
safety oversight agency under paragraph (4).
‘‘(4) STATE SAFETY OVERSIGHT AGENCY.—
‘‘(A) IN GENERAL.—Each State safety oversight program
shall establish a State safety oversight agency that—
‘‘(i) is financially and legally independent from any
public transportation entity that the State safety oversight agency oversees;
‘‘(ii) does not directly provide public transportation
services in an area with a rail fixed guideway public
transportation system subject to the requirements of
this section;
‘‘(iii) does not employ any individual who is also
responsible for the administration of rail fixed guideway public transportation programs subject to the
requirements of this section;
‘‘(iv) has the authority to review, approve, oversee,
and enforce the implementation by the rail fixed guideway public transportation agency of the public
transportation agency safety plan required under subsection (d);
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‘‘(v) has investigative and enforcement authority
with respect to the safety of rail fixed guideway public
transportation systems of the eligible State;
‘‘(vi) audits, at least once triennially, the compliance of the rail fixed guideway public transportation
systems in the eligible State subject to this subsection
with the public transportation agency safety plan
required under subsection (d); and
‘‘(vii) provides, at least once annually, a status
report on the safety of the rail fixed guideway public
transportation systems the State safety oversight
agency oversees to—
‘‘(I) the Federal Transit Administration;
‘‘(II) the Governor of the eligible State; and
‘‘(III) the board of directors, or equivalent
entity, of any rail fixed guideway public transportation system that the State safety oversight
agency oversees.
‘‘(B) WAIVER.—At the request of an eligible State, the
Secretary may waive clauses (i) and (iii) of subparagraph
(A) for eligible States with 1 or more rail fixed guideway
systems in revenue operations, design, or construction,
that—
‘‘(i) have fewer than 1,000,000 combined actual
and projected rail fixed guideway revenue miles per
year; or
‘‘(ii) provide fewer than 10,000,000 combined actual
and projected unlinked passenger trips per year.
‘‘(5) PROGRAMS FOR MULTI-STATE RAIL FIXED GUIDEWAY
PUBLIC TRANSPORTATION SYSTEMS.—An eligible State that has
within the jurisdiction of the eligible State a rail fixed guideway
public transportation system that operates in more than 1
eligible State shall—
‘‘(A) jointly with all other eligible States in which the
rail fixed guideway public transportation system operates,
ensure uniform safety standards and enforcement procedures that shall be in compliance with this section, and
establish and implement a State safety oversight program
approved by the Secretary; or
‘‘(B) jointly with all other eligible States in which the
rail fixed guideway public transportation system operates,
designate an entity having characteristics consistent with
the characteristics described in paragraph (3) to carry out
the State safety oversight program approved by the Secretary.
‘‘(6) GRANTS.—
‘‘(A) IN GENERAL.—The Secretary shall make grants
to eligible States to develop or carry out State safety oversight programs under this subsection. Grant funds may
be used for program operational and administrative
expenses, including employee training activities.
‘‘(B) APPORTIONMENT.—
‘‘(i) FORMULA.—The amount made available for
State safety oversight under section 5336(h) shall be
apportioned among eligible States under a formula
to be established by the Secretary. Such formula shall
take into account fixed guideway vehicle revenue miles,
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fixed guideway route miles, and fixed guideway vehicle
passenger miles attributable to all rail fixed guideway
systems not subject to regulation by the Federal Railroad Administration within each eligible State.
‘‘(ii) ADMINISTRATIVE REQUIREMENTS.—Grant funds
apportioned to States under this paragraph shall be
subject to uniform administrative requirements for
grants and cooperative agreements to State and local
governments under part 18 of title 49, Code of Federal
Regulations, and shall be subject to the requirements
of this chapter as the Secretary determines appropriate.
‘‘(C) GOVERNMENT SHARE.—
‘‘(i) IN GENERAL.—The Government share of the
reasonable cost of a State safety oversight program
developed or carried out using a grant under this paragraph shall be 80 percent.
‘‘(ii) IN-KIND CONTRIBUTIONS.—Any calculation of
the non-Government share of a State safety oversight
program shall include in-kind contributions by an
eligible State.
‘‘(iii) NON-GOVERNMENT SHARE.—The non-Government share of the cost of a State safety oversight
program developed or carried out using a grant under
this paragraph may not be met by—
‘‘(I) any Federal funds;
‘‘(II) any funds received from a public transportation agency; or
‘‘(III) any revenues earned by a public
transportation agency.
‘‘(iv) SAFETY TRAINING PROGRAM.—Recipients of
funds made available to carry out sections 5307 and
5311 may use not more than 0.5 percent of their formula funds to pay not more than 80 percent of the
cost of participation in the public transportation safety
certification training program established under subsection (c), by an employee of a State safety oversight
agency or a recipient who is directly responsible for
safety oversight.
‘‘(7) CERTIFICATION PROCESS.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of the Federal Public Transportation
Act of 2012, the Secretary shall determine whether or
not each State safety oversight program meets the requirements of this subsection and the State safety oversight
program is adequate to promote the purposes of this section.
‘‘(B) ISSUANCE OF CERTIFICATIONS AND DENIALS.—The
Secretary shall issue a certification to each eligible State
that the Secretary determines under subparagraph (A) adequately meets the requirements of this subsection, and
shall issue a denial of certification to each eligible State
that the Secretary determines under subparagraph (A) does
not adequately meet the requirements of this subsection.
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‘‘(C) DISAPPROVAL.—If the Secretary determines that
a State safety oversight program does not meet the requirements of this subsection and denies certification, the Secretary shall transmit to the eligible State a written explanation and allow the eligible State to modify and resubmit
the State safety oversight program for approval.
‘‘(D) FAILURE TO CORRECT.—If the Secretary determines
that a modification by an eligible State of the State safety
oversight program is not sufficient to certify the program,
the Secretary—
‘‘(i) shall notify the Governor of the eligible State
of such denial of certification and failure to adequately
modify the program, and shall request that the Governor take all possible actions to correct deficiencies
in the program to ensure the certification of the program; and
‘‘(ii) may—
‘‘(I) withhold funds available under paragraph
(6) in an amount determined by the Secretary;
‘‘(II) withhold not more than 5 percent of the
amount required to be appropriated for use in
a State or urbanized area in the State under section 5307 of this title, until the State safety oversight program has been certified; or
‘‘(III) require fixed guideway public transportation systems under such State safety oversight
program to provide up to 100 percent of Federal
assistance made available under this chapter only
for safety-related improvements on such systems,
until the State safety oversight program has been
certified.
‘‘(8) EVALUATION OF PROGRAM AND ANNUAL REPORT.—The
Secretary shall continually evaluate the implementation of a
State safety oversight program by a State safety oversight
agency, and shall submit on or before July 1 of each year
to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on—
‘‘(A) the amount of funds apportioned to each eligible
State; and
‘‘(B) the certification status of each State safety oversight program, including what steps a State program that
has been denied certification must take in order to be
certified.
‘‘(9) FEDERAL OVERSIGHT.—The Secretary shall—
‘‘(A) oversee the implementation of each State safety
oversight program under this subsection;
‘‘(B) audit the operations of each State safety oversight
agency at least once triennially; and
‘‘(C) issue rules to carry out this subsection.
‘‘(f) AUTHORITY OF SECRETARY.—In carrying out this section,
the Secretary may—
‘‘(1) conduct inspections, investigations, audits, examinations, and testing of the equipment, facilities, rolling stock,
and operations of the public transportation system of a
recipient;
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‘‘(2) make reports and issue directives with respect to the
safety of the public transportation system of a recipient;
‘‘(3) in conjunction with an accident investigation or an
investigation into a pattern or practice of conduct that negatively affects public safety, issue a subpoena to, and take the
deposition of, any employee of a recipient or a State safety
oversight agency, if—
‘‘(A) before the issuance of the subpoena, the Secretary
requests a determination by the Attorney General of the
United States as to whether the subpoena will interfere
with an ongoing criminal investigation; and
‘‘(B) the Attorney General—
‘‘(i) determines that the subpoena will not interfere
with an ongoing criminal investigation; or
‘‘(ii) fails to make a determination under clause
(i) before the date that is 30 days after the date on
which the Secretary makes a request under subparagraph (A);
‘‘(4) require the production of documents by, and prescribe
recordkeeping and reporting requirements for, a recipient or
a State safety oversight agency;
‘‘(5) investigate public transportation accidents and
incidents and provide guidance to recipients regarding prevention of accidents and incidents;
‘‘(6) at reasonable times and in a reasonable manner, enter
and inspect equipment, facilities, rolling stock, operations, and
relevant records of the public transportation system of a
recipient; and
‘‘(7) issue rules to carry out this section.
‘‘(g) ENFORCEMENT ACTIONS.—
‘‘(1) TYPES OF ENFORCEMENT ACTIONS.—The Secretary may
take enforcement action against an eligible State, as defined
in subsection (e), that does not comply with Federal law with
respect to the safety of the public transportation system,
including—
‘‘(A) issuing directives;
‘‘(B) requiring more frequent oversight of the recipient
by a State safety oversight agency or the Secretary;
‘‘(C) imposing more frequent reporting requirements;
and
‘‘(D) requiring that any Federal financial assistance
provided under this chapter be spent on correcting safety
deficiencies identified by the Secretary or the State safety
oversight agency before such funds are spent on other
projects.
‘‘(2) USE OR WITHHOLDING OF FUNDS.—
‘‘(A) IN GENERAL.—The Secretary may require the use
of funds in accordance with paragraph (1)(D) only if the
Secretary finds that a recipient is engaged in a pattern
or practice of serious safety violations or has otherwise
refused to comply with Federal law relating to the safety
of the public transportation system.
‘‘(B) NOTICE.—Before withholding funds from a
recipient, the Secretary shall provide to the recipient—
‘‘(i) written notice of a violation and the amount
proposed to be withheld; and
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‘‘(ii) a reasonable period of time within which the
recipient may address the violation or propose and
initiate an alternative means of compliance that the
Secretary determines is acceptable.
‘‘(h) COST-BENEFIT ANALYSIS.—
‘‘(1) ANALYSIS REQUIRED.—In carrying out this section, the
Secretary shall take into consideration the costs and benefits
of each action the Secretary proposes to take under this section.
‘‘(2) WAIVER.—The Secretary may waive the requirement
under this subsection if the Secretary determines that such
a waiver is in the public interest.
‘‘(i) CONSULTATION BY THE SECRETARY OF HOMELAND SECURITY.—The Secretary of Homeland Security shall consult with the
Secretary of Transportation before the Secretary of Homeland Security issues a rule or order that the Secretary of Transportation
determines affects the safety of public transportation design,
construction, or operations.
‘‘(j) ACTIONS UNDER STATE LAW.—
‘‘(1) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to preempt an action under State law seeking
damages for personal injury, death, or property damage alleging
that a party has failed to comply with—
‘‘(A) a Federal standard of care established by a regulation or order issued by the Secretary under this section;
or
‘‘(B) its own program, rule, or standard that it created
pursuant to a rule or order issued by the Secretary.
‘‘(2) EFFECTIVE DATE.—This subsection shall apply to any
cause of action under State law arising from an event or activity
occurring on or after the date of enactment of the Federal
Public Transportation Act of 2012.
‘‘(3) JURISDICTION.—Nothing in this section shall be construed to create a cause of action under Federal law on behalf
of an injured party or confer Federal question jurisdiction for
a State law cause of action.
‘‘(k) NATIONAL PUBLIC TRANSPORTATION SAFETY REPORT.—Not
later than 3 years after the date of enactment of the Federal
Public Transportation Act of 2012, the Secretary shall submit to
the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that—
‘‘(1) analyzes public transportation safety trends among
the States and documents the most effective safety programs
implemented using grants under this section; and
‘‘(2) describes the effect on public transportation safety
of activities carried out using grants under this section.’’.
(b) BUS SAFETY STUDY.—
(1) DEFINITION.—In this subsection, the term ‘‘highway
route’’ means a route where 50 percent or more of the route
is on roads having a speed limit of more than 45 miles per
hour.
(2) STUDY.—Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
that—
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(A) examines the safety of public transportation buses
that travel on highway routes;
(B) examines laws and regulations that apply to
commercial over-the-road buses; and
(C) makes recommendations as to whether additional
safety measures should be required for public transportation buses that travel on highway routes.
SEC. 20022. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
Section 5331 of title 49, United States Code, is amended by
striking subsection (g) and inserting the following:
‘‘(g) CONDITIONS ON FEDERAL ASSISTANCE.—
‘‘(1) INELIGIBILITY FOR ASSISTANCE.—A person that receives
funds under this chapter is not eligible for financial assistance
under section 5307, 5309, or 5311 of this title if the person
is required, under regulations the Secretary prescribes under
this section, to establish a program of alcohol and controlled
substances testing and does not establish the program in
accordance with this section.
‘‘(2) ADDITIONAL REMEDIES.—If the Secretary determines
that a person that receives funds under this chapter is not
in compliance with regulations prescribed under this section,
the Secretary may bar the person from receiving Federal transit
assistance in an amount the Secretary considers appropriate.’’.
Regulations.
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SEC. 20023. NONDISCRIMINATION.
(a) AMENDMENTS.—Section 5332 of title 49, United States Code,
is amended—
(1) in subsection (b)—
(A) by striking ‘‘creed’’ and inserting ‘‘religion’’; and
(B) by inserting ‘‘disability,’’ after ‘‘sex,’’; and
(2) in subsection (d)(3), by striking ‘‘and’’ and inserting
‘‘or’’.
(b) EVALUATION AND REPORT.—
(1) EVALUATION.—The Comptroller General of the United
States shall evaluate the progress and effectiveness of the
Federal Transit Administration in assisting recipients of assistance under chapter 53 of title 49, United States Code, to
comply with section 5332(b) of title 49, including—
(A) by reviewing discrimination complaints, reports,
and other relevant information collected or prepared by
the Federal Transit Administration or recipients of assistance from the Federal Transit Administration pursuant
to any applicable civil rights statute, regulation, or other
requirement; and
(B) by reviewing the process that the Federal Transit
Administration uses to resolve discrimination complaints
filed by members of the public.
(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to
the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report concerning
the evaluation under paragraph (1) that includes—
(A) a description of the ability of the Federal Transit
Administration to address discrimination and foster equal
opportunities in federally funded public transportation
projects, programs, and activities;
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(B) recommendations for improvements if the Comptroller General determines that improvements are necessary; and
(C) information upon which the evaluation under paragraph (1) is based.
SEC. 20024. ADMINISTRATIVE PROVISIONS.
Section 5334 of title 49, United States Code, is amended—
(1) in subsection (a)(1), by striking ‘‘under sections 5307
and 5309–5311 of this title’’ and inserting ‘‘that receives Federal
financial assistance under this chapter’’;
(2) in subsection (b)(1)—
(A) by inserting after ‘‘emergency,’’ the following: ‘‘or
for purposes of establishing and enforcing a program to
improve the safety of public transportation systems in the
United States as described in section 5329,’’; and
(B) by striking ‘‘chapter, nor may the Secretary’’ and
inserting ‘‘chapter. The Secretary may not’’;
(3) in subsection (c)(4), by striking ‘‘section (except subsection (i)) and sections 5318(e), 5323(a)(2), 5325(a), 5325(b),
and 5325(f)’’ and inserting ‘‘subsection’’;
(4) in subsection (h)(3), by striking ‘‘another’’ and inserting
‘‘any other’’;
(5) in subsection (i)(1), by striking ‘‘title 23 shall’’ and
inserting ‘‘title 23 may’’;
(6) by striking subsection (j); and
(7) by redesignating subsections (k) and (l) as subsections
(j) and (k), respectively.
SEC. 20025. NATIONAL TRANSIT DATABASE.
49 USC 5335
note.
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(a) AMENDMENTS.—Section 5335 of title 49, United States Code,
is amended—
(1) in subsection (a), by striking ‘‘public transportation
financial and operating information’’ and inserting ‘‘public
transportation financial, operating, and asset condition information’’; and
(2) by adding at the end the following:
‘‘(c) DATA REQUIRED TO BE REPORTED.—The recipient of a grant
under this chapter shall report to the Secretary, for inclusion in
the National Transit Database, any information relating to a transit
asset inventory or condition assessment conducted by the recipient.’’.
(b) DATA ACCURACY AND RELIABILITY.—The Secretary shall—
(1) develop and implement appropriate internal control
activities to ensure that public transportation safety incident
data is reported accurately and reliably by public transportation
systems and State safety oversight agencies to the State Safety
Oversight Rail Accident Database; and
(2) report to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives
within 1 year of enactment of the Federal Public Transportation
Act of 2012 on the steps taken to improve the accuracy and
reliability of public transportation safety incident data reported
to the State Safety Oversight Rail Accident Database.
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SEC. 20026. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA
GRANTS.
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Section 5336 of title 49, United States Code, is amended to
read as follows:
‘‘§ 5336. Apportionment of appropriations for formula grants
‘‘(a) BASED ON URBANIZED AREA POPULATION.—Of the amount
apportioned under subsection (h)(4) to carry out section 5307—
‘‘(1) 9.32 percent shall be apportioned each fiscal year only
in urbanized areas with a population of less than 200,000
so that each of those areas is entitled to receive an amount
equal to—
‘‘(A) 50 percent of the total amount apportioned multiplied by a ratio equal to the population of the area divided
by the total population of all urbanized areas with populations of less than 200,000 as shown in the most recent
decennial census; and
‘‘(B) 50 percent of the total amount apportioned multiplied by a ratio for the area based on population weighted
by a factor, established by the Secretary, of the number
of inhabitants in each square mile; and
‘‘(2) 90.68 percent shall be apportioned each fiscal year
only in urbanized areas with populations of at least 200,000
as provided in subsections (b) and (c) of this section.
‘‘(b) BASED ON FIXED GUIDEWAY VEHICLE REVENUE MILES,
DIRECTIONAL ROUTE MILES, AND PASSENGER MILES.—(1) In this
subsection, ‘fixed guideway vehicle revenue miles’ and ‘fixed guideway directional route miles’ include passenger ferry operations
directly or under contract by the designated recipient.
‘‘(2) Of the amount apportioned under subsection (a)(2) of this
section, 33.29 percent shall be apportioned as follows:
‘‘(A) 95.61 percent of the total amount apportioned under
this subsection shall be apportioned so that each urbanized
area with a population of at least 200,000 is entitled to receive
an amount equal to—
‘‘(i) 60 percent of the 95.61 percent apportioned under
this subparagraph multiplied by a ratio equal to the
number of fixed guideway vehicle revenue miles attributable to the area, as established by the Secretary, divided
by the total number of all fixed guideway vehicle revenue
miles attributable to all areas; and
‘‘(ii) 40 percent of the 95.61 percent apportioned under
this subparagraph multiplied by a ratio equal to the
number of fixed guideway directional route miles attributable to the area, established by the Secretary, divided
by the total number of all fixed guideway directional route
miles attributable to all areas.
An urbanized area with a population of at least 750,000 in
which commuter rail transportation is provided shall receive
at least .75 percent of the total amount apportioned under
this subparagraph.
‘‘(B) 4.39 percent of the total amount apportioned under
this subsection shall be apportioned so that each urbanized
area with a population of at least 200,000 is entitled to receive
an amount equal to—
‘‘(i) the number of fixed guideway vehicle passenger
miles traveled multiplied by the number of fixed guideway
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vehicle passenger miles traveled for each dollar of operating
cost in an area; divided by
‘‘(ii) the total number of fixed guideway vehicle passenger miles traveled multiplied by the total number of
fixed guideway vehicle passenger miles traveled for each
dollar of operating cost in all areas.
An urbanized area with a population of at least 750,000 in
which commuter rail transportation is provided shall receive
at least .75 percent of the total amount apportioned under
this subparagraph.
‘‘(C) Under subparagraph (A) of this paragraph, fixed guideway vehicle revenue or directional route miles, and passengers
served on those miles, in an urbanized area with a population
of less than 200,000, where the miles and passengers served
otherwise would be attributable to an urbanized area with
a population of at least 1,000,000 in an adjacent State, are
attributable to the governmental authority in the State in
which the urbanized area with a population of less than 200,000
is located. The authority is deemed an urbanized area with
a population of at least 200,000 if the authority makes a contract for the service.
‘‘(D) A recipient’s apportionment under subparagraph (A)(i)
of this paragraph may not be reduced if the recipient, after
satisfying the Secretary that energy or operating efficiencies
would be achieved, reduces vehicle revenue miles but provides
the same frequency of revenue service to the same number
of riders.
‘‘(E) For purposes of subparagraph (A) and section
5337(c)(3), the Secretary shall deem to be attributable to an
urbanized area not less than 22.27 percent of the fixed guideway vehicle revenue miles or fixed guideway directional route
miles in the public transportation system of a recipient that
are located outside the urbanized area for which the recipient
receives funds, in addition to the fixed guideway vehicle revenue
miles or fixed guideway directional route miles of the recipient
that are located inside the urbanized area.
‘‘(c) BASED ON BUS VEHICLE REVENUE MILES AND PASSENGER
MILES.—Of the amount apportioned under subsection (a)(2) of this
section, 66.71 percent shall be apportioned as follows:
‘‘(1) 90.8 percent of the total amount apportioned under
this subsection shall be apportioned as follows:
‘‘(A) 73.39 percent of the 90.8 percent apportioned
under this paragraph shall be apportioned so that each
urbanized area with a population of at least 1,000,000
is entitled to receive an amount equal to—
‘‘(i) 50 percent of the 73.39 percent apportioned
under this subparagraph multiplied by a ratio equal
to the total bus vehicle revenue miles operated in
or directly serving the urbanized area divided by the
total bus vehicle revenue miles attributable to all
areas;
‘‘(ii) 25 percent of the 73.39 percent apportioned
under this subparagraph multiplied by a ratio equal
to the population of the area divided by the total population of all areas, as shown in the most recent decennial census; and
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‘‘(iii) 25 percent of the 73.39 percent apportioned
under this subparagraph multiplied by a ratio for the
area based on population weighted by a factor, established by the Secretary, of the number of inhabitants
in each square mile.
‘‘(B) 26.61 percent of the 90.8 percent apportioned
under this paragraph shall be apportioned so that each
urbanized area with a population of at least 200,000 but
not more than 999,999 is entitled to receive an amount
equal to—
‘‘(i) 50 percent of the 26.61 percent apportioned
under this subparagraph multiplied by a ratio equal
to the total bus vehicle revenue miles operated in
or directly serving the urbanized area divided by the
total bus vehicle revenue miles attributable to all
areas;
‘‘(ii) 25 percent of the 26.61 percent apportioned
under this subparagraph multiplied by a ratio equal
to the population of the area divided by the total population of all areas, as shown by the most recent decennial census; and
‘‘(iii) 25 percent of the 26.61 percent apportioned
under this subparagraph multiplied by a ratio for the
area based on population weighted by a factor, established by the Secretary, of the number of inhabitants
in each square mile.
‘‘(2) 9.2 percent of the total amount apportioned under
this subsection shall be apportioned so that each urbanized
area with a population of at least 200,000 is entitled to receive
an amount equal to—
‘‘(A) the number of bus passenger miles traveled multiplied by the number of bus passenger miles traveled for
each dollar of operating cost in an area; divided by
‘‘(B) the total number of bus passenger miles traveled
multiplied by the total number of bus passenger miles
traveled for each dollar of operating cost in all areas.
‘‘(d) DATE OF APPORTIONMENT.—The Secretary shall—
‘‘(1) apportion amounts appropriated under section
5338(a)(2)(C) of this title to carry out section 5307 of this
title not later than the 10th day after the date the amounts
are appropriated or October 1 of the fiscal year for which
the amounts are appropriated, whichever is later; and
‘‘(2) publish apportionments of the amounts, including
amounts attributable to each urbanized area with a population
of more than 50,000 and amounts attributable to each State
of a multistate urbanized area, on the apportionment date.
‘‘(e) AMOUNTS NOT APPORTIONED TO DESIGNATED RECIPIENTS.—
The Governor of a State may expend in an urbanized area with
a population of less than 200,000 an amount apportioned under
this section that is not apportioned to a designated recipient, as
defined in section 5302(4).
‘‘(f) TRANSFERS OF APPORTIONMENTS.—(1) The Governor of a
State may transfer any part of the State’s apportionment under
subsection (a)(1) of this section to supplement amounts apportioned
to the State under section 5311(c)(3). The Governor may make
a transfer only after consulting with responsible local officials and
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publicly owned operators of public transportation in each area for
which the amount originally was apportioned under this section.
‘‘(2) The Governor of a State may transfer any part of the
State’s apportionment under section 5311(c)(3) to supplement
amounts apportioned to the State under subsection (a)(1) of this
section.
‘‘(3) The Governor of a State may use throughout the State
amounts of a State’s apportionment remaining available for obligation at the beginning of the 90-day period before the period of
the availability of the amounts expires.
‘‘(4) A designated recipient for an urbanized area with a population of at least 200,000 may transfer a part of its apportionment
under this section to the Governor of a State. The Governor shall
distribute the transferred amounts to urbanized areas under this
section.
‘‘(5) Capital and operating assistance limitations applicable to
the original apportionment apply to amounts transferred under
this subsection.
‘‘(g) PERIOD OF AVAILABILITY TO RECIPIENTS.—An amount
apportioned under this section may be obligated by the recipient
for 5 years after the fiscal year in which the amount is apportioned.
Not later than 30 days after the end of the 5-year period, an
amount that is not obligated at the end of that period shall be
added to the amount that may be apportioned under this section
in the next fiscal year.
‘‘(h) APPORTIONMENTS.—Of the amounts made available for each
fiscal year under section 5338(a)(2)(C)—
‘‘(1) $30,000,000 shall be set aside to carry out section
5307(h);
‘‘(2) 3.07 percent shall be apportioned to urbanized areas
in accordance with subsection (j);
‘‘(3) of amounts not apportioned under paragraphs (1) and
(2), 1.5 percent shall be apportioned to urbanized areas with
populations of less than 200,000 in accordance with subsection
(i);
‘‘(4) 0.5 percent shall be apportioned to eligible States for
State safety oversight program grants in accordance with section 5329(e)(6); and
‘‘(5) any amount not apportioned under paragraphs (1),
(2), (3), and (4) shall be apportioned to urbanized areas in
accordance with subsections (a) through (c).
‘‘(i) SMALL TRANSIT INTENSIVE CITIES FORMULA.—
‘‘(1) DEFINITIONS.—In this subsection, the following definitions apply:
‘‘(A) ELIGIBLE AREA.—The term ‘eligible area’ means
an urbanized area with a population of less than 200,000
that meets or exceeds in one or more performance categories the industry average for all urbanized areas with
a population of at least 200,000 but not more than 999,999,
as determined by the Secretary in accordance with subsection (c)(2).
‘‘(B) PERFORMANCE CATEGORY.—The term ‘performance
category’ means each of the following:
‘‘(i) Passenger miles traveled per vehicle revenue
mile.
‘‘(ii) Passenger miles traveled per vehicle revenue
hour.
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126 STAT. 723
‘‘(iii) Vehicle revenue miles per capita.
‘‘(iv) Vehicle revenue hours per capita.
‘‘(v) Passenger miles traveled per capita.
‘‘(vi) Passengers per capita.
‘‘(2) APPORTIONMENT.—
‘‘(A) APPORTIONMENT FORMULA.—The amount to be
apportioned under subsection (h)(3) shall be apportioned
among eligible areas in the ratio that—
‘‘(i) the number of performance categories for which
each eligible area meets or exceeds the industry average in urbanized areas with a population of at least
200,000 but not more than 999,999; bears to
‘‘(ii) the aggregate number of performance categories for which all eligible areas meet or exceed
the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999.
‘‘(B) DATA USED IN FORMULA.—The Secretary shall calculate apportionments under this subsection for a fiscal
year using data from the national transit database used
to calculate apportionments for that fiscal year under this
section.
‘‘(j) APPORTIONMENT FORMULA.—The amounts apportioned
under subsection (h)(2) shall be apportioned among urbanized areas
as follows:
‘‘(1) 75 percent of the funds shall be apportioned among
designated recipients for urbanized areas with a population
of 200,000 or more in the ratio that—
‘‘(A) the number of eligible low-income individuals in
each such urbanized area; bears to
‘‘(B) the number of eligible low-income individuals in
all such urbanized areas.
‘‘(2) 25 percent of the funds shall be apportioned among
designated recipients for urbanized areas with a population
of less than 200,000 in the ratio that—
‘‘(A) the number of eligible low-income individuals in
each such urbanized area; bears to
‘‘(B) the number of eligible low-income individuals in
all such urbanized areas.’’.
SEC. 20027. STATE OF GOOD REPAIR GRANTS.
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Section 5337 of title 49, United States Code, is amended to
read as follows:
‘‘§ 5337. State of good repair grants
‘‘(a) DEFINITIONS.—In this section, the following definitions
shall apply:
‘‘(1) FIXED GUIDEWAY.—The term ‘fixed guideway’ means
a public transportation facility—
‘‘(A) using and occupying a separate right-of-way for
the exclusive use of public transportation;
‘‘(B) using rail;
‘‘(C) using a fixed catenary system;
‘‘(D) for a passenger ferry system; or
‘‘(E) for a bus rapid transit system.
‘‘(2) STATE.—The term ‘State’ means the 50 States, the
District of Columbia, and Puerto Rico.
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126 STAT. 724
Definition.
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‘‘(3) STATE OF GOOD REPAIR.—The term ‘state of good repair’
has the meaning given that term by the Secretary, by rule,
under section 5326(b).
‘‘(4) TRANSIT ASSET MANAGEMENT PLAN.—The term ‘transit
asset management plan’ means a plan developed by a recipient
of funding under this chapter that—
‘‘(A) includes, at a minimum, capital asset inventories
and condition assessments, decision support tools, and
investment prioritization; and
‘‘(B) the recipient certifies that the recipient complies
with the rule issued under section 5326(d).
‘‘(b) GENERAL AUTHORITY.—
‘‘(1) ELIGIBLE PROJECTS.—The Secretary may make grants
under this section to assist State and local governmental
authorities in financing capital projects to maintain public
transportation systems in a state of good repair, including
projects to replace and rehabilitate—
‘‘(A) rolling stock;
‘‘(B) track;
‘‘(C) line equipment and structures;
‘‘(D) signals and communications;
‘‘(E) power equipment and substations;
‘‘(F) passenger stations and terminals;
‘‘(G) security equipment and systems;
‘‘(H) maintenance facilities and equipment;
‘‘(I) operational support equipment, including computer
hardware and software;
‘‘(J) development and implementation of a transit asset
management plan; and
‘‘(K) other replacement and rehabilitation projects the
Secretary determines appropriate.
‘‘(2) INCLUSION IN PLAN.—A recipient shall include a project
carried out under paragraph (1) in the transit asset management plan of the recipient upon completion of the plan.
‘‘(c) HIGH INTENSITY FIXED GUIDEWAY STATE OF GOOD REPAIR
FORMULA.—
‘‘(1) IN GENERAL.—Of the amount authorized or made available under section 5338(a)(2)(I), 97.15 percent shall be apportioned to recipients in accordance with this subsection.
‘‘(2) AREA SHARE.—
‘‘(A) IN GENERAL.—50 percent of the amount described
in paragraph (1) shall be apportioned for fixed guideway
systems in accordance with this paragraph.
‘‘(B) SHARE.—A recipient shall receive an amount equal
to the amount described in subparagraph (A), multiplied
by the amount the recipient would have received under
this section, as in effect for fiscal year 2011, if the amount
had been calculated in accordance with section 5336(b)(1)
and using the definition of the term ‘fixed guideway’ under
subsection (a) of this section, as such sections are in effect
on the day after the date of enactment of the Federal
Public Transportation Act of 2012, and divided by the
total amount apportioned for all areas under this section
for fiscal year 2011.
‘‘(C) RECIPIENT.—For purposes of this paragraph, the
term ‘recipient’ means an entity that received funding
under this section, as in effect for fiscal year 2011.
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‘‘(3) VEHICLE
126 STAT. 725
REVENUE MILES AND DIRECTIONAL ROUTE
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MILES.—
‘‘(A) IN GENERAL.—50 percent of the amount described
in paragraph (1) shall be apportioned to recipients in
accordance with this paragraph.
‘‘(B) VEHICLE REVENUE MILES.—A recipient in an
urbanized area shall receive an amount equal to 60 percent
of the amount described in subparagraph (A), multiplied
by the number of fixed guideway vehicle revenue miles
attributable to the urbanized area, as established by the
Secretary, divided by the total number of all fixed guideway
vehicle revenue miles attributable to all urbanized areas.
‘‘(C) DIRECTIONAL ROUTE MILES.—A recipient in an
urbanized area shall receive an amount equal to 40 percent
of the amount described in subparagraph (A), multiplied
by the number of fixed guideway directional route miles
attributable to the urbanized area, as established by the
Secretary, divided by the total number of all fixed guideway
directional route miles attributable to all urbanized areas.
‘‘(4) LIMITATION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the share of the total amount apportioned under this
subsection that is apportioned to an area under this subsection shall not decrease by more than 0.25 percentage
points compared to the share apportioned to the area under
this subsection in the previous fiscal year.
‘‘(B) SPECIAL RULE FOR FISCAL YEAR 2013.—In fiscal
year 2013, the share of the total amount apportioned under
this subsection that is apportioned to an area under this
subsection shall not decrease by more than 0.25 percentage
points compared to the share that would have been apportioned to the area under this section, as in effect for fiscal
year 2011, if the share had been calculated using the
definition of the term ‘fixed guideway’ under subsection
(a) of this section, as in effect on the day after the date
of enactment of the Federal Public Transportation Act of
2012.
‘‘(5) USE OF FUNDS.—Amounts made available under this
subsection shall be available for the exclusive use of fixed
guideway projects.
‘‘(6) RECEIVING APPORTIONMENT.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), for an area with a fixed guideway system, the amounts
provided under this subsection shall be apportioned to the
designated recipient for the urbanized area in which the
system operates.
‘‘(B) EXCEPTION.—An area described in the amendment
made by section 3028(a) of the Transportation Equity Act
for the 21st Century (Public Law 105–178; 112 Stat. 366)
shall receive an individual apportionment under this subsection.
‘‘(7) APPORTIONMENT REQUIREMENTS.—For purposes of
determining the number of fixed guideway vehicle revenue
miles or fixed guideway directional route miles attributable
to an urbanized area for a fiscal year under this subsection,
only segments of fixed guideway systems placed in revenue
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PUBLIC LAW 112–141—JULY 6, 2012
service not later than 7 years before the first day of the fiscal
year shall be deemed to be attributable to an urbanized area.
‘‘(d) HIGH INTENSITY MOTORBUS STATE OF GOOD REPAIR.—
‘‘(1) DEFINITION.—For purposes of this subsection, the term
‘high intensity motorbus’ means public transportation that is
provided on a facility with access for other high-occupancy
vehicles.
‘‘(2) APPORTIONMENT.—Of the amount authorized or made
available under section 5338(a)(2)(I), 2.85 percent shall be
apportioned to urbanized areas for high intensity motorbus
state of good repair in accordance with this subsection.
‘‘(3) VEHICLE REVENUE MILES AND DIRECTIONAL ROUTE
MILES.—
‘‘(A) IN GENERAL.—The amount described in paragraph
(2) shall be apportioned to each area in accordance with
this paragraph.
‘‘(B) VEHICLE REVENUE MILES.—Each area shall receive
an amount equal to 60 percent of the amount described
in subparagraph (A), multiplied by the number of high
intensity motorbus vehicle revenue miles attributable to
the area, as established by the Secretary, divided by the
total number of all high intensity motorbus vehicle revenue
miles attributable to all areas.
‘‘(C) DIRECTIONAL ROUTE MILES.—Each area shall
receive an amount equal to 40 percent of the amount
described in subparagraph (A), multiplied by the number
of high intensity motorbus directional route miles attributable to the area, as established by the Secretary, divided
by the total number of all high intensity motorbus directional route miles attributable to all areas.
‘‘(4) APPORTIONMENT REQUIREMENTS.—For purposes of
determining the number of high intensity motorbus vehicle
revenue miles or high intensity motorbus directional route miles
attributable to an urbanized area for a fiscal year under this
subsection, only segments of high intensity motorbus systems
placed in revenue service not later than 7 years before the
first day of the fiscal year shall be deemed to be attributable
to an urbanized area.’’.
Deadline.
SEC. 20028. AUTHORIZATIONS.
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Section 5338 of title 49, United States Code, is amended to
read as follows:
‘‘§ 5338. Authorizations
‘‘(a) FORMULA GRANTS.—
‘‘(1) IN GENERAL.—There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5310, 5311, 5318, 5322(d), 5335, 5337, 5339,
and 5340, and section 20005(b) of the Federal Public Transportation Act of 2012, $8,478,000,000 for fiscal year 2013 and
$8,595,000,000 for fiscal year 2014.
‘‘(2) ALLOCATION OF FUNDS.—Of the amounts made available under paragraph (1)—
‘‘(A) $126,900,000 for fiscal year 2013 and $128,800,000
for fiscal year 2014 shall be available to carry out section
5305;
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 727
‘‘(B) $10,000,000 for each of fiscal years 2013 and 2014
shall be available to carry out section 20005(b) of the
Federal Public Transportation Act of 2012;
‘‘(C) $4,397,950,000 for fiscal year 2013 and
$4,458,650,000 for fiscal year 2014 shall be allocated in
accordance with section 5336 to provide financial assistance
for urbanized areas under section 5307;
‘‘(D) $254,800,000 for fiscal year 2013 and $258,300,000
for fiscal year 2014 shall be available to provide financial
assistance for services for the enhanced mobility of seniors
and individuals with disabilities under section 5310;
‘‘(E) $599,500,000 for fiscal year 2013 and $607,800,000
for fiscal year 2014 shall be available to provide financial
assistance for rural areas under section 5311, of which
not less than $30,000,000 for fiscal year 2013 and
$30,000,000 for fiscal year 2014 shall be available to carry
out section 5311(c)(1) and $20,000,000 for fiscal year 2013
and $20,000,000 for fiscal year 2014 shall be available
to carry out section 5311(c)(2);
‘‘(F) $3,000,000 for each of fiscal years 2013 and 2014
shall be available for bus testing under section 5318;
‘‘(G) $5,000,000 for each of fiscal years 2013 and 2014
shall be available for the national transit institute under
section 5322(d);
‘‘(H) $3,850,000 for each of fiscal years 2013 and 2014
shall be available to carry out section 5335;
‘‘(I) $2,136,300,000 for fiscal year 2013 and
$2,165,900,000 for fiscal year 2014 shall be available to
carry out section 5337;
‘‘(J) $422,000,000 for fiscal year 2013 and $427,800,000
for fiscal year 2014 shall be available for the bus and
bus facilities program under section 5339; and
‘‘(K) $518,700,000 for fiscal year 2013 and $525,900,000
for fiscal year 2014 shall be allocated in accordance with
section 5340 to provide financial assistance for urbanized
areas under section 5307 and rural areas under section
5311.
‘‘(b) RESEARCH, DEVELOPMENT DEMONSTRATION AND DEPLOYMENT PROJECTS.—There are authorized to be appropriated to carry
out section 5312, $70,000,000 for fiscal year 2013 and $70,000,000
for fiscal year 2014.
‘‘(c) TRANSIT COOPERATIVE RESEARCH PROGRAM.—There are
authorized to be appropriated to carry out section 5313, $7,000,000
for fiscal year 2013 and $7,000,000 for fiscal year 2014.
‘‘(d) TECHNICAL ASSISTANCE AND STANDARDS DEVELOPMENT.—
There are authorized to be appropriated to carry out section 5314,
$7,000,000 for fiscal year 2013 and $7,000,000 for fiscal year 2014.
‘‘(e) HUMAN RESOURCES AND TRAINING.—There are authorized
to be appropriated to carry out subsections (a), (b), (c), and (e)
of section 5322, $5,000,000 for fiscal year 2013 and $5,000,000
for fiscal year 2014.
‘‘(f) EMERGENCY RELIEF PROGRAM.—There are authorized to
be appropriated such sums as are necessary to carry out section
5324.
‘‘(g) CAPITAL INVESTMENT GRANTS.—There are authorized to
be appropriated to carry out section 5309, $1,907,000,000 for fiscal
year 2013 and $1,907,000,000 for fiscal year 2014.
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‘‘(h) ADMINISTRATION.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to carry out section 5334, $104,000,000 for fiscal year 2013
and $104,000,000 for fiscal year 2014.
‘‘(2) SECTION 5329.—Of the amounts authorized to be appropriated under paragraph (1), not less than $5,000,000 shall
be available to carry out section 5329.
‘‘(3) SECTION 5326.—Of the amounts made available under
paragraph (2), not less than $1,000,000 shall be available to
carry out section 5326.
‘‘(i) OVERSIGHT.—
‘‘(1) IN GENERAL.—Of the amounts made available to carry
out this chapter for a fiscal year, the Secretary may use not
more than the following amounts for the activities described
in paragraph (2):
‘‘(A) 0.5 percent of amounts made available to carry
out section 5305.
‘‘(B) 0.75 percent of amounts made available to carry
out section 5307.
‘‘(C) 1 percent of amounts made available to carry
out section 5309.
‘‘(D) 1 percent of amounts made available to carry
out section 601 of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110–432; 126 Stat.
4968).
‘‘(E) 0.5 percent of amounts made available to carry
out section 5310.
‘‘(F) 0.5 percent of amounts made available to carry
out section 5311.
‘‘(G) 0.75 percent of amounts made available to carry
out section 5337(c).
‘‘(2) ACTIVITIES.—The activities described in this paragraph
are as follows:
‘‘(A) Activities to oversee the construction of a major
capital project.
‘‘(B) Activities to review and audit the safety and security, procurement, management, and financial compliance
of a recipient or subrecipient of funds under this chapter.
‘‘(C) Activities to provide technical assistance generally,
and to provide technical assistance to correct deficiencies
identified in compliance reviews and audits carried out
under this section.
‘‘(3) GOVERNMENT SHARE OF COSTS.—The Government shall
pay the entire cost of carrying out a contract under this subsection.
‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds made available under paragraph (1)(C) shall be made available to the
Secretary before allocating the funds appropriated to carry
out any project under a full funding grant agreement.
‘‘(j) GRANTS AS CONTRACTUAL OBLIGATIONS.—
‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST FUND.—A
grant or contract that is approved by the Secretary and financed
with amounts made available from the Mass Transit Account
of the Highway Trust Fund pursuant to this section is a contractual obligation of the Government to pay the Government share
of the cost of the project.
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Contracts.
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‘‘(2) GRANTS FINANCED FROM GENERAL FUND.—A grant or
contract that is approved by the Secretary and financed with
amounts appropriated in advance from the General Fund of
the Treasury pursuant to this section is a contractual obligation
of the Government to pay the Government share of the cost
of the project only to the extent that amounts are appropriated
for such purpose by an Act of Congress.
‘‘(k) AVAILABILITY OF AMOUNTS.—Amounts made available by
or appropriated under this section shall remain available until
expended.’’.
SEC. 20029. BUS AND BUS FACILITIES FORMULA GRANTS.
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(a) IN GENERAL.—Section 5339 of title 49, United States Code,
is amended to read as follows:
‘‘§ 5339. Bus and bus facilities formula grants
‘‘(a) GENERAL AUTHORITY.—The Secretary may make grants
under this section to assist eligible recipients described in subsection
(c)(1) in financing capital projects—
‘‘(1) to replace, rehabilitate, and purchase buses and related
equipment; and
‘‘(2) to construct bus-related facilities.
‘‘(b) GRANT REQUIREMENTS.—The requirements of section 5307
apply to recipients of grants made under this section.
‘‘(c) ELIGIBLE RECIPIENTS AND SUBRECIPIENTS.—
‘‘(1) RECIPIENTS.—Eligible recipients under this section are
designated recipients that operate fixed route bus service or
that allocate funding to fixed route bus operators.
‘‘(2) SUBRECIPIENTS.—A designated recipient that receives
a grant under this section may allocate amounts of the grant
to subrecipients that are public agencies or private nonprofit
organizations engaged in public transportation.
‘‘(d) DISTRIBUTION OF GRANT FUNDS.—Funds allocated under
section 5338(a)(2)(J) shall be distributed as follows:
‘‘(1) NATIONAL DISTRIBUTION.—$65,500,000 shall be allocated to all States and territories, with each State receiving
$1,250,000 and each territory receiving $500,000.
‘‘(2) DISTRIBUTION USING POPULATION AND SERVICE FACTORS.—The remainder of the funds not otherwise distributed
under paragraph (1) shall be allocated pursuant to the formula
set forth in section 5336 other than subsection (b).
‘‘(e) TRANSFERS OF APPORTIONMENTS.—
‘‘(1) TRANSFER FLEXIBILITY FOR NATIONAL DISTRIBUTION
FUNDS.—The Governor of a State may transfer any part of
the State’s apportionment under subsection (d)(1) to supplement
amounts apportioned to the State under section 5311(c) of
this title or amounts apportioned to urbanized areas under
subsections (a) and (c) of section 5336 of this title.
‘‘(2) TRANSFER FLEXIBILITY FOR POPULATION AND SERVICE
FACTORS FUNDS.—The Governor of a State may expend in an
urbanized area with a population of less than 200,000 any
amounts apportioned under subsection (d)(2) that are not allocated to designated recipients in urbanized areas with a population of 200,000 or more.
‘‘(f) GOVERNMENT’S SHARE OF COSTS.—
‘‘(1) CAPITAL PROJECTS.—A grant for a capital project under
this section shall be for 80 percent of the net capital costs
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of the project. A recipient of a grant under this section may
provide additional local matching amounts.
‘‘(2) REMAINING COSTS.—The remainder of the net project
cost shall be provided—
‘‘(A) in cash from non-Government sources other than
revenues from providing public transportation services;
‘‘(B) from revenues derived from the sale of advertising
and concessions;
‘‘(C) from an undistributed cash surplus, a replacement
or depreciation cash fund or reserve, or new capital; or
‘‘(D) from amounts received under a service agreement
with a State or local social service agency or private social
service organization.
‘‘(g) PERIOD OF AVAILABILITY TO RECIPIENTS.—Amounts made
available under this section may be obligated by a recipient for
3 years after the fiscal year in which the amount is apportioned.
Not later than 30 days after the end of the 3-year period described
in the preceding sentence, any amount that is not obligated on
the last day of that period shall be added to the amount that
may be apportioned under this section in the next fiscal year.
‘‘(h) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘State’ means a State of the United States.
‘‘(2) The term ‘territory’ means the District of Columbia,
Puerto Rico, the Northern Mariana Islands, Guam, American
Samoa, and the United States Virgin Islands.’’.
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SEC. 20030. TECHNICAL AND CONFORMING AMENDMENTS.
(a) SECTION 5305.—Section 5305 of title 49, United States Code,
is amended—
(1) in subsection (e)(1)(A), by striking ‘‘sections 5304, 5306,
5315, and 5322’’ and inserting ‘‘section 5304 and 5306’’;
(2) in subsection (f)—
(A) in the heading, by striking ‘‘GOVERNMENT’S’’ and
inserting ‘‘GOVERNMENT’’; and
(B) by striking ‘‘Government’s’’ and inserting ‘‘Government’’; and
(3) in subsection (g), by striking ‘‘section 5338(c) for fiscal
years 2005 through 2012’’ and inserting ‘‘section 5338(a)(2)(A)
for a fiscal year’’.
(b) SECTION 5313.—Section 5313(a) of title 49, United States
Code, is amended—
(1) in the first sentence, by striking ‘‘subsections
(a)(5)(C)(iii) and (d)(1) of section 5338’’ and inserting section
‘‘5338(c)’’; and
(2) in the second sentence, by striking ‘‘of Transportation’’.
(c) SECTION 5319.—Section 5319 of title 49, United States Code,
is amended, in the second sentence—
(1) by striking ‘‘sections 5307(e), 5309(h), and 5311(g) of
this title’’ and inserting ‘‘sections 5307(d), 5309(l), and 5311(g)’’;
and
(2) by striking ‘‘of the United States’’ and inserting ‘‘made
by the’’.
(d) SECTION 5325.—Section 5325(b)(2)(A) of title 49, United
States Code, is amended by striking ‘‘title 48, Code of Federal
Regulations (commonly known as the Federal Acquisition Regulation)’’ and inserting ‘‘the Federal Acquisition Regulation, or any
successor thereto’’.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 731
(e) SECTION 5330.—Effective 3 years after the effective date
of the final rules issued by the Secretary of Transportation under
section 5329(e) of title 49, United States Code, as amended by
this division, section 5330 of title 49, United States Code, is
repealed.
(f) SECTION 5331.—Section 5331 of title 49, United States Code,
is amended by striking ‘‘Secretary of Transportation’’ each place
that term appears and inserting ‘‘Secretary’’.
(g) SECTION 5332.—Section 5332(c)(1) of title 49, United States
Code, is amended by striking ‘‘of Transportation’’.
(h) SECTION 5333.—Section 5333(a) of title 49, United States
Code, is amended by striking ‘‘sections 3141–3144’’ and inserting
‘‘sections 3141 through 3144’’.
(i) SECTION 5334.—Section 5334 of title 49, United States Code,
is amended—
(1) in subsection (c)—
(A) by striking ‘‘Secretary of Transportation’’ each place
that term appears and inserting ‘‘Secretary’’; and
(B) in paragraph (1), by striking ‘‘Committees on
Transportation and Infrastructure and Appropriations of
the House of Representatives and the Committees on
Banking, Housing, and Urban Affairs and Appropriations
of the Senate’’ and inserting ‘‘Committee on Banking,
Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives’’;
(2) in subsection (d), by striking ‘‘of Transportation’’;
(3) in subsection (e), by striking ‘‘of Transportation’’;
(4) in subsection (f), by striking ‘‘of Transportation’’;
(5) in subsection (g), in the matter preceding paragraph
(1)—
(A) by striking ‘‘of Transportation’’; and
(B) by striking ‘‘subsection (a)(3) or (4) of this section’’
and inserting ‘‘paragraph (3) or (4) of subsection (a)’’;
(6) in subsection (h)—
(A) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘‘of Transportation’’; and
(B) in paragraph (2), by striking ‘‘of this section’’;
(7) in subsection (i)(1), by striking ‘‘of Transportation’’;
and
(8) in subsection (j), as so redesignated by section 20025
of this division, by striking ‘‘Committees on Banking, Housing,
and Urban Affairs and Appropriations of the Senate and
Committees on Transportation and Infrastructure and Appropriations of the House of Representatives’’ and inserting ‘‘Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee
on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives’’.
(j) SECTION 5335.—Section 5335(a) of title 49, United States
Code, is amended by striking ‘‘of Transportation’’.
(k) ANALYSIS.—The analysis for chapter 53 of title 49, United
States Code, is amended to read as follows:
Effective date.
Repeal.
‘‘Sec.
‘‘5301. Policies and purposes.
‘‘5302. Definitions.
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126 STAT. 732
PUBLIC LAW 112–141—JULY 6, 2012
‘‘5303.
‘‘5304.
‘‘5305.
‘‘5306.
Metropolitan transportation planning.
Statewide and nonmetropolitan transportation planning.
Planning programs.
Private enterprise participation in metropolitan planning and transportation
improvement programs and relationship to other limitations.
‘‘5307. Urbanized area formula grants.
‘‘[5308. Repealed.]
‘‘5309. Fixed guideway capital investment grants.
‘‘5310. Formula grants for the enhanced mobility of seniors and individuals with disabilities.
‘‘5311. Formula grants for rural areas.
‘‘5312. Research, development, demonstration, and deployment projects.
‘‘5313. Transit cooperative research program.
‘‘5314. Technical assistance and standards development.
‘‘5315. Private sector participation.
‘‘[5316. Repealed.]
‘‘[5317. Repealed.]
‘‘5318. Bus testing facility.
‘‘5319. Bicycle facilities.
‘‘[5320.Repealed.]
‘‘5321. Crime prevention and security.
‘‘5322. Human resources and training.
‘‘5323. General provisions.
‘‘5324. Public transportation emergency relief program.
‘‘5325. Contract requirements.
‘‘5326. Transit asset management.
‘‘5327. Project management oversight.
‘‘[5328. Repealed.]
‘‘5329. Public transportation safety program.
‘‘5330. State safety oversight.
‘‘5331. Alcohol and controlled substances testing.
‘‘5332. Nondiscrimination.
‘‘5333. Labor standards.
‘‘5334. Administrative provisions.
‘‘5335. National transit database.
‘‘5336. Apportionment of appropriations for formula grants.
‘‘5337. State of good repair grants.
‘‘5338. Authorizations.
‘‘5339. Bus and bus facilities formula grants.
‘‘5340. Apportionments based on growing States and high density States formula
factors.’’.
DIVISION C—TRANSPORTATION SAFETY
AND
SURFACE
TRANSPORTATION
POLICY
Motor Vehicle
and Highway
Safety
Improvement Act
of 2012.
TITLE I—MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF
2012
23 USC 101 note.
SEC. 31001. SHORT TITLE.
This title may be cited as the ‘‘Motor Vehicle and Highway
Safety Improvement Act of 2012’’ or ‘‘Mariah’s Act’’.
23 USC 101 note.
SEC. 31002. DEFINITION.
In this title, the term ‘‘Secretary’’ means the Secretary of
Transportation.
Subtitle A—Highway Safety
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SEC. 31101. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 733
(1) HIGHWAY SAFETY PROGRAMS.—For carrying out section
402 of title 23, United States Code—
(A) $235,000,000 for fiscal year 2013; and
(B) $235,000,000 for fiscal year 2014.
(2) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—For
carrying out section 403 of title 23, United States Code—
(A) $110,500,000 for fiscal year 2013; and
(B) $113,500,000 for fiscal year 2014.
(3) NATIONAL PRIORITY SAFETY PROGRAMS.—For carrying
out section 405 of title 23, United States Code—
(A) $265,000,000 for fiscal year 2013; and
(B) $272,000,000 for fiscal year 2014.
(4) NATIONAL DRIVER REGISTER.—For the National Highway
Traffic Safety Administration to carry out chapter 303 of title
49, United States Code—
(A) $5,000,000 for fiscal year 2013; and
(B) $5,000,000 for fiscal year 2014.
(5) HIGH VISIBILITY ENFORCEMENT PROGRAM.—For carrying
out section 2009 of SAFETEA–LU (23 U.S.C. 402 note)—
(A) $29,000,000 for fiscal year 2013; and
(B) $29,000,000 for fiscal year 2014.
(6) ADMINISTRATIVE EXPENSES.—For administrative and
related operating expenses of the National Highway Traffic
Safety Administration in carrying out chapter 4 of title 23,
United States Code, and this subtitle—
(A) $25,500,000 for fiscal year 2013; and
(B) $25,500,000 for fiscal year 2014.
(b) PROHIBITION ON OTHER USES.—Except as otherwise provided in chapter 4 of title 23, United States Code, in this subtitle,
and in the amendments made by this subtitle, the amounts made
available from the Highway Trust Fund (other than the Mass
Transit Account) for a program under such chapter—
(1) shall only be used to carry out such program; and
(2) may not be used by States or local governments for
construction purposes.
(c) APPLICABILITY OF TITLE 23.—Except as otherwise provided
in chapter 4 of title 23, United States Code, and in this subtitle,
amounts made available under subsection (a) for fiscal years 2013
and 2014 shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23,
United States Code.
(d) REGULATORY AUTHORITY.—Grants awarded under this subtitle shall be in accordance with regulations issued by the Secretary.
(e) STATE MATCHING REQUIREMENTS.—If a grant awarded under
this subtitle requires a State to share in the cost, the aggregate
of all expenditures for highway safety activities made during any
fiscal year by the State and its political subdivisions (exclusive
of Federal funds) for carrying out the grant (other than planning
and administration) shall be available for the purpose of crediting
the State during such fiscal year for the non-Federal share of
the cost of any project under this subtitle (other than planning
or administration) without regard to whether such expenditures
were actually made in connection with such project.
(f) GRANT APPLICATION AND DEADLINE.—To receive a grant
under this subtitle, a State shall submit an application, and the
Secretary shall establish a single deadline for such applications
to enable the award of grants early in the next fiscal year.
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23 USC 401 note.
Grants.
23 USC 402 note.
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PUBLIC LAW 112–141—JULY 6, 2012
SEC. 31102. HIGHWAY SAFETY PROGRAMS.
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Compliance.
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(a) PROGRAMS INCLUDED.—Section 402(a) of title 23, United
States Code, is amended to read as follows:
‘‘(a) PROGRAM REQUIRED.—
‘‘(1) IN GENERAL.—Each State shall have a highway safety
program, approved by the Secretary, that is designed to reduce
traffic accidents and the resulting deaths, injuries, and property
damage.
‘‘(2) UNIFORM GUIDELINES.—Programs required under paragraph (1) shall comply with uniform guidelines, promulgated
by the Secretary and expressed in terms of performance criteria,
that—
‘‘(A) include programs—
‘‘(i) to reduce injuries and deaths resulting from
motor vehicles being driven in excess of posted speed
limits;
‘‘(ii) to encourage the proper use of occupant protection devices (including the use of safety belts and child
restraint systems) by occupants of motor vehicles;
‘‘(iii) to reduce injuries and deaths resulting from
persons driving motor vehicles while impaired by
alcohol or a controlled substance;
‘‘(iv) to prevent accidents and reduce injuries and
deaths resulting from accidents involving motor
vehicles and motorcycles;
‘‘(v) to reduce injuries and deaths resulting from
accidents involving school buses;
‘‘(vi) to reduce accidents resulting from unsafe
driving behavior (including aggressive or fatigued
driving and distracted driving arising from the use
of electronic devices in vehicles); and
‘‘(vii) to improve law enforcement services in motor
vehicle accident prevention, traffic supervision, and
post-accident procedures;
‘‘(B) improve driver performance, including—
‘‘(i) driver education;
‘‘(ii) driver testing to determine proficiency to
operate motor vehicles; and
‘‘(iii) driver examinations (physical, mental, and
driver licensing);
‘‘(C) improve pedestrian performance and bicycle
safety;
‘‘(D) include provisions for—
‘‘(i) an effective record system of accidents
(including resulting injuries and deaths);
‘‘(ii) accident investigations to determine the probable causes of accidents, injuries, and deaths;
‘‘(iii) vehicle registration, operation, and inspection;
and
‘‘(iv) emergency services; and
‘‘(E) to the extent determined appropriate by the Secretary, are applicable to federally administered areas where
a Federal department or agency controls the highways
or supervises traffic operations.’’.
(b) ADMINISTRATION OF STATE PROGRAMS.—Section 402(b) of
title 23, United States Code, is amended—
(1) in paragraph (1)—
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 735
(A) in subparagraph (D), by striking ‘‘and’’ at the end;
(B) by redesignating subparagraph (E) as subparagraph (F);
(C) by inserting after subparagraph (D) the following:
‘‘(E) beginning on the first day of the first fiscal year
after the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012 in which a State
submits its highway safety plan under subsection (f), provide for a data-driven traffic safety enforcement program
to prevent traffic violations, crashes, and crash fatalities
and injuries in areas most at risk for such incidents, to
the satisfaction of the Secretary;’’; and
(D) in subparagraph (F), as redesignated—
(i) in clause (i), by inserting ‘‘and high-visibility
law enforcement mobilizations coordinated by the Secretary’’ after ‘‘mobilizations’’;
(ii) in clause (iii), by striking ‘‘and’’ at the end;
(iii) in clause (iv), by striking the period at the
end and inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(v) ensuring that the State will coordinate its
highway safety plan, data collection, and information
systems with the State strategic highway safety plan
(as defined in section 148(a)).’’; and
(2) by striking paragraph (3).
(c) APPROVED HIGHWAY SAFETY PROGRAMS.—Section 402(c) of
title 23, United States Code, is amended—
(1) by striking ‘‘(c) Funds authorized’’ and inserting the
following:
‘‘(c) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Funds authorized’’;
(2) by striking ‘‘Such funds’’ and inserting the following:
‘‘(2) APPORTIONMENT.—Except for amounts identified in section 403(f), funds described in paragraph (1)’’;
(3) by striking ‘‘The Secretary shall not’’ and all that follows
through ‘‘subsection, a highway safety program’’ and inserting
‘‘A highway safety program’’;
(4) by inserting ‘‘A State may use the funds apportioned
under this section, in cooperation with neighboring States, for
highway safety programs or related projects that may confer
benefits on such neighboring States.’’ after ‘‘in every State.’’;
(5) by striking ‘‘50 per centum’’ and inserting ‘‘20 percent’’;
and
(6) by striking ‘‘The Secretary shall promptly’’ and all that
follows and inserting the following:
‘‘(3) REAPPORTIONMENT.—The Secretary shall promptly
apportion the funds withheld from a State’s apportionment
to the State if the Secretary approves the State’s highway
safety program or determines that the State has begun implementing an approved program, as appropriate, not later than
July 31st of the fiscal year for which the funds were withheld.
If the Secretary determines that the State did not correct
its failure within such period, the Secretary shall reapportion
the withheld funds to the other States in accordance with
the formula specified in paragraph (2) not later than the last
day of the fiscal year.
‘‘(4) AUTOMATED TRAFFIC ENFORCEMENT SYSTEMS.—
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126 STAT. 736
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(A) PROHIBITION.—A State may not expend funds
apportioned to that State under this section to carry out
a program to purchase, operate, or maintain an automated
traffic enforcement system.
‘‘(B) AUTOMATED TRAFFIC ENFORCEMENT SYSTEM
DEFINED.—In this paragraph, the term ‘automated traffic
enforcement system’ means any camera which captures
an image of a vehicle for the purposes only of red light
and speed enforcement, and does not include hand held
radar and other devices operated by law enforcement officers to make an on-the-scene traffic stop, issue a traffic
citation, or other enforcement action at the time of the
violation.’’.
(d) USE OF HIGHWAY SAFETY PROGRAM FUNDS.—Section 402(g)
of title 23, United States Code, is amended to read as follows:
‘‘(g) SAVINGS PROVISION.—
‘‘(1) IN GENERAL.—Except as provided under paragraph
(2), nothing in this section may be construed to authorize
the appropriation or expenditure of funds for—
‘‘(A) highway construction, maintenance, or design
(other than design of safety features of highways to be
incorporated into guidelines); or
‘‘(B) any purpose for which funds are authorized under
section 403.
‘‘(2) DEMONSTRATION PROJECTS.—A State may use funds
made available to carry out this section to assist in demonstration projects carried out by the Secretary under section 403.’’.
(e) IN GENERAL.—Section 402 of title 23, United States Code,
is amended—
(1) by striking subsections (k) and (m);
(2) by redesignating subsections (i) and (j) as subsections
(h) and (i), respectively; and
(3) by redesignating subsection (l) as subsection (j).
(f) HIGHWAY SAFETY PLAN AND REPORTING REQUIREMENTS.—
Section 402 of title 23, United States Code, as amended by this
section, is further amended by adding at the end the following:
‘‘(k) HIGHWAY SAFETY PLAN AND REPORTING REQUIREMENTS.—
‘‘(1) IN GENERAL.—With respect to fiscal year 2014, and
each fiscal year thereafter, the Secretary shall require each
State, as a condition of the approval of the State’s highway
safety program for that fiscal year, to develop and submit
to the Secretary for approval a highway safety plan that complies with the requirements under this subsection.
‘‘(2) TIMING.—Each State shall submit to the Secretary
the highway safety plan not later than July 1st of the fiscal
year preceding the fiscal year to which the plan applies.
‘‘(3) CONTENTS.—State highway safety plans submitted
under paragraph (1) shall include—
‘‘(A) performance measures required by the Secretary
or otherwise necessary to support additional State safety
goals, including—
‘‘(i) documentation of current safety levels for each
performance measure;
‘‘(ii) quantifiable annual performance targets for
each performance measure; and
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 737
‘‘(iii) a justification for each performance target,
that explains why each target is appropriate and evidence-based;
‘‘(B) a strategy for programming funds apportioned
to the State under this section on projects and activities
that will allow the State to meet the performance targets
described in subparagraph (A);
‘‘(C) data and data analysis supporting the effectiveness of proposed countermeasures;
‘‘(D) a description of any Federal, State, local, or private
funds that the State plans to use, in addition to funds
apportioned to the State under this section, to carry out
the strategy described in subparagraph (B);
‘‘(E) for the fiscal year preceding the fiscal year to
which the plan applies, a report on the State’s success
in meeting State safety goals and performance targets set
forth in the previous year’s highway safety plan; and
‘‘(F) an application for any additional grants available
to the State under this chapter.
‘‘(4) PERFORMANCE MEASURES.—For the first highway safety
plan submitted under this subsection, the performance measures required by the Secretary under paragraph (2)(A) shall
be limited to those developed by the National Highway Traffic
Safety Administration and the Governor’s Highway Safety
Association and described in the report, ‘Traffic Safety Performance Measures for States and Federal Agencies’ (DOT HS 811
025). For subsequent highway safety plans, the Secretary shall
coordinate with the Governor’s Highway Safety Association in
making revisions to the set of required performance measures.
‘‘(5) REVIEW OF HIGHWAY SAFETY PLANS.—
‘‘(A) IN GENERAL.—Not later than 60 days after the
date on which a State’s highway safety plan is received
by the Secretary, the Secretary shall review and approve
or disapprove the plan.
‘‘(B) APPROVALS AND DISAPPROVALS.—
‘‘(i) APPROVALS.—The Secretary shall approve a
State’s highway safety plan if the Secretary determines
that—
‘‘(I) the plan and the performance targets contained in the plan are evidence-based and supported by data; and
‘‘(II) the plan, once implemented, will allow
the State to meet the State’s performance targets.
‘‘(ii) DISAPPROVALS.—The Secretary shall disapprove a State’s highway safety plan if the Secretary
determines that—
‘‘(I) the plan and the performance targets contained in the plan are not evidence-based or supported by data; or
‘‘(II) the plan does not provide for programming of funding in a manner sufficient to allow
the State to meet the State’s performance targets.
‘‘(C) ACTIONS UPON DISAPPROVAL.—If the Secretary disapproves a State’s highway safety plan, the Secretary
shall—
‘‘(i) inform the State of the reasons for such disapproval; and
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Deadline.
Determinations.
Notification.
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(ii) require the State to resubmit the plan with
any modifications that the Secretary determines to
be necessary.
‘‘(D) REVIEW OF RESUBMITTED PLANS.—If the Secretary
requires a State to resubmit a highway safety plan, with
modifications, the Secretary shall review and approve or
disapprove the modified plan not later than 30 days after
the date on which the Secretary receives such plan.
‘‘(E) PUBLIC NOTICE.—A State shall make the State’s
highway safety plan, and decisions of the Secretary concerning approval or disapproval of a revised plan, available
to the public.’’.
(g) TEEN TRAFFIC SAFETY PROGRAM.—Section 402 of title 23,
United States Code, as amended by this section, is further amended
by adding at the end the following:
‘‘(m) TEEN TRAFFIC SAFETY.—
‘‘(1) IN GENERAL.—Subject to the requirements of a State’s
highway safety plan, as approved by the Secretary under subsection (k), a State may use a portion of the amounts received
under this section to implement statewide efforts to improve
traffic safety for teen drivers.
‘‘(2) USE OF FUNDS.—Statewide efforts under paragraph
(1)—
‘‘(A) shall include peer-to-peer education and prevention strategies in schools and communities designed to—
‘‘(i) increase safety belt use;
‘‘(ii) reduce speeding;
‘‘(iii) reduce impaired and distracted driving;
‘‘(iv) reduce underage drinking; and
‘‘(v) reduce other behaviors by teen drivers that
lead to injuries and fatalities; and
‘‘(B) may include—
‘‘(i) working with student-led groups and school
advisors to plan and implement teen traffic safety programs;
‘‘(ii) providing subgrants to schools throughout the
State to support the establishment and expansion of
student groups focused on teen traffic safety;
‘‘(iii) providing support, training, and technical
assistance to establish and expand school and community safety programs for teen drivers;
‘‘(iv) creating statewide or regional websites to publicize and circulate information on teen safety programs;
‘‘(v) conducting outreach and providing educational
resources for parents;
‘‘(vi) establishing State or regional advisory councils comprised of teen drivers to provide input and
recommendations to the governor and the governor’s
safety representative on issues related to the safety
of teen drivers;
‘‘(vii) collaborating with law enforcement; and
‘‘(viii) establishing partnerships and promoting
coordination among community stakeholders, including
public, not-for-profit, and for profit entities.’’.
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126 STAT. 739
(h) BIENNIAL REPORT TO CONGRESS.—Section 402 of title 23,
United States Code, as amended by this section, is further amended
by adding at the end the following:
‘‘(n) BIENNIAL REPORT TO CONGRESS.—Not later than October
1, 2015, and biennially thereafter, the Secretary shall submit a
report to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate that contains—
‘‘(1) an evaluation of each State’s performance with respect
to the State’s highway safety plan under subsection (k) and
performance targets set by the States in such plans; and
‘‘(2) such recommendations as the Secretary may have for
improvements to activities carried out under subsection (k).’’.
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SEC. 31103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
Section 403 of title 23, United States Code, is amended—
(1) by striking subsections (a) through (f) and inserting
the following:
‘‘(a) DEFINED TERM.—In this section, the term ‘Federal laboratory’ includes—
‘‘(1) a government-owned, government-operated laboratory;
and
‘‘(2) a government-owned, contractor-operated laboratory.
‘‘(b) GENERAL AUTHORITY.—
‘‘(1) RESEARCH AND DEVELOPMENT ACTIVITIES.—The Secretary may conduct research and development activities,
including demonstration projects and the collection and analysis
of highway and motor vehicle safety data and related information needed to carry out this section, with respect to—
‘‘(A) all aspects of highway and traffic safety systems
and conditions relating to—
‘‘(i) vehicle, highway, driver, passenger, motorcyclist, bicyclist, and pedestrian characteristics;
‘‘(ii) accident causation and investigations;
‘‘(iii) communications; and
‘‘(iv) emergency medical services, including the
transportation of the injured;
‘‘(B) human behavioral factors and their effect on highway and traffic safety, including—
‘‘(i) driver education;
‘‘(ii) impaired driving; and
‘‘(iii) distracted driving;
‘‘(C) an evaluation of the effectiveness of countermeasures to increase highway and traffic safety, including
occupant protection and alcohol- and drug-impaired driving
technologies and initiatives;
‘‘(D) the development of technologies to detect drug
impaired drivers;
‘‘(E) research on, evaluations of, and identification of
best practices related to driver education programs
(including driver education curricula, instructor training
and certification, program administration, and delivery
mechanisms) and make recommendations for harmonizing
driver education and multistage graduated licensing systems; and
‘‘(F) the effect of State laws on any aspects, activities,
or programs described in subparagraphs (A) through (E).
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126 STAT. 740
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(2) COOPERATION, GRANTS, AND CONTRACTS.—The Secretary may carry out this section—
‘‘(A) independently;
‘‘(B) in cooperation with other Federal departments,
agencies, and instrumentalities and Federal laboratories;
‘‘(C) by entering into contracts, cooperative agreements,
and other transactions with the National Academy of
Sciences, any Federal laboratory, State or local agency,
authority, association, institution, or person (as defined
in chapter 1 of title 1); or
‘‘(D) by making grants to the National Academy of
Sciences, any Federal laboratory, State or local agency,
authority, association, institution, or person (as defined
in chapter 1 of title 1).
‘‘(c) COLLABORATIVE RESEARCH AND DEVELOPMENT.—
‘‘(1) IN GENERAL.—To encourage innovative solutions to
highway safety problems, stimulate voluntary improvements
in highway safety, and stimulate the marketing of new highway
safety related technology by private industry, the Secretary
is authorized to carry out, on a cost-shared basis, collaborative
research and development with—
‘‘(A) non-Federal entities, including State and local
governments, colleges, universities, corporations, partnerships, sole proprietorships, organizations, and trade
associations that are incorporated or established under the
laws of any State or the United States; and
‘‘(B) Federal laboratories.
‘‘(2) AGREEMENTS.—In carrying out this subsection, the Secretary may enter into cooperative research and development
agreements (as defined in section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a)) in which
the Secretary provides not more than 50 percent of the cost
of any research or development project under this subsection.
‘‘(3) USE OF TECHNOLOGY.—The research, development, or
use of any technology pursuant to an agreement under this
subsection, including the terms under which technology may
be licensed and the resulting royalties may be distributed,
shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
‘‘(d) TITLE TO EQUIPMENT.—In furtherance of the purposes set
forth in section 402, the Secretary may vest title to equipment
purchased for demonstration projects with funds authorized under
this section to State or local agencies on such terms and conditions
as the Secretary determines to be appropriate.
‘‘(e) PROHIBITION ON CERTAIN DISCLOSURES.—Any report of the
National Highway Traffic Safety Administration, or of any officer,
employee, or contractor of the National Highway Traffic Safety
Administration, relating to any highway traffic accident or the
investigation of such accident conducted pursuant to this chapter
or chapter 301 may only be made available to the public in a
manner that does not identify individuals.
‘‘(f) COOPERATIVE RESEARCH AND EVALUATION.—
‘‘(1) ESTABLISHMENT AND FUNDING.—Notwithstanding the
apportionment formula set forth in section 402(c)(2), $2,500,000
of the total amount available for apportionment to the States
for highway safety programs under subsection 402(c) in each
fiscal year shall be available for expenditure by the Secretary,
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acting through the Administrator of the National Highway
Traffic Safety Administration, for a cooperative research and
evaluation program to research and evaluate priority highway
safety countermeasures.
‘‘(2) ADMINISTRATION.—The program established under
paragraph (1)—
‘‘(A) shall be administered by the Administrator of
the National Highway Traffic Safety Administration; and
‘‘(B) shall be jointly managed by the Governors Highway Safety Association and the National Highway Traffic
Safety Administration.’’; and
(2) by adding at the end the following:
‘‘(h) IN-VEHICLE ALCOHOL DETECTION DEVICE RESEARCH.—
‘‘(1) IN GENERAL.—The Administrator of the National Highway Traffic Safety Administration may carry out a collaborative
research effort under chapter 301 of title 49 on in-vehicle technology to prevent alcohol-impaired driving.
‘‘(2) FUNDING.—Funds provided under section 405 may be
made to be used by the Secretary to conduct the research
described in paragraph (1).
‘‘(3) PRIVACY PROTECTION.—If the Administrator utilizes
the authority under paragraph (1), the Administrator shall
not develop requirements for any device or means of technology
to be installed in an automobile intended for retail sale that
records a driver’s blood alcohol concentration.
‘‘(4) REPORTS.—If the Administrator conducts the research
authorized under paragraph (1), the Administrator shall submit
an annual report to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and
Committee on Science, Space, and Technology of the House
of Representatives that—
‘‘(A) describes the progress made in carrying out the
collaborative research effort; and
‘‘(B) includes an accounting for the use of Federal
funds obligated or expended in carrying out that effort.
‘‘(5) DEFINITIONS.—In this subsection:
‘‘(A) ALCOHOL-IMPAIRED DRIVING.—The term ‘alcoholimpaired driving’ means the operation of a motor vehicle
(as defined in section 30102(a)(6) of title 49) by an individual whose blood alcohol content is at or above the legal
limit.
‘‘(B) LEGAL LIMIT.—The term ‘legal limit’ means a blood
alcohol concentration of 0.08 percent or greater (as set
forth in section 163(a)) or such other percentage limitation
as may be established by applicable Federal, State, or
local law.’’.
SEC. 31104. NATIONAL DRIVER REGISTER.
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Section 30302(b) of title 49, United States Code, is amended
by adding at the end the following: ‘‘The Secretary shall make
continual improvements to modernize the Register’s data processing
system.’’.
SEC. 31105. NATIONAL PRIORITY SAFETY PROGRAMS.
(a) IN GENERAL.—Section 405 of title 23, United States Code,
is amended to read as follows:
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126 STAT. 742
PUBLIC LAW 112–141—JULY 6, 2012
‘‘§ 405. National priority safety programs
‘‘(a) GENERAL AUTHORITY.—Subject to the requirements of this
section, the Secretary of Transportation shall manage programs
to address national priorities for reducing highway deaths and
injuries. Funds shall be allocated according to the priorities set
forth in paragraphs (1) and (2).
‘‘(1) GRANTS TO STATES.—
‘‘(A) OCCUPANT PROTECTION.—16 percent of the funds
provided under this section in each fiscal year shall be
allocated among States that adopt and implement effective
occupant protection programs to reduce highway deaths
and injuries resulting from individuals riding unrestrained
or improperly restrained in motor vehicles (as described
in subsection (b)).
‘‘(B) STATE TRAFFIC SAFETY INFORMATION SYSTEM
IMPROVEMENTS.—14.5 percent of the funds provided under
this section in each fiscal year shall be allocated among
States that meet the requirements of the State traffic safety
information system improvements (as described in subsection (c)).
‘‘(C) IMPAIRED DRIVING COUNTERMEASURES.—52.5 percent of the funds provided under this section in each fiscal
year shall be allocated among States that meet the requirements of the impaired driving countermeasures (as
described in subsection (d)).
‘‘(D) DISTRACTED DRIVING.—8.5 percent of the funds
provided under this section in each fiscal year shall be
allocated among States that adopt and implement effective
laws to reduce distracted driving (as described in subsection
(e)).
‘‘(E) MOTORCYCLIST SAFETY.—1.5 percent of the funds
provided under this section in each fiscal year shall be
allocated among States that implement motorcyclist safety
programs (as described in subsection (f)).
‘‘(F) STATE GRADUATED DRIVER LICENSING LAWS.—5 percent of the funds provided under this section in each fiscal
year shall be allocated among States that adopt and implement graduated driver licensing laws (as described in subsection (g)).
‘‘(G) TRANSFERS.—Notwithstanding subparagraphs (A)
through (F), the Secretary may reallocate, before the last
day of any fiscal year, any amounts remaining available
to carry out any of the activities described in subsections
(b) through (g) to increase the amount made available
to carry out any of the other activities described in such
subsections, or the amount made available under section
402, in order to ensure, to the maximum extent possible,
that all such amounts are obligated during such fiscal
year.
‘‘(H) MAINTENANCE OF EFFORT.—
‘‘(i) REQUIREMENTS.—No grant may be made to
a State in any fiscal year under subsection (b), (c),
or (d) unless the State enters into such agreements
with the Secretary as the Secretary may require to
ensure that the State will maintain its aggregate
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expenditures from all State and local sources for programs described in those sections at or above the average level of such expenditures in its 2 fiscal years
preceding the date of enactment of the Motor Vehicle
and Highway Safety Improvement Act of 2012.
‘‘(ii) WAIVER.—Upon the request of a State, the
Secretary may waive or modify the requirements under
clause (i) for not more than 1 fiscal year if the Secretary
determines that such a waiver would be equitable due
to exceptional or uncontrollable circumstances.
‘‘(2) OTHER PRIORITY PROGRAMS.—Funds provided under
this section in each fiscal year may be used for research into
technology to prevent alcohol-impaired driving (as described
in subsection 403(h)).
‘‘(b) OCCUPANT PROTECTION GRANTS.—
‘‘(1) GENERAL AUTHORITY.—Subject to the requirements
under this subsection, the Secretary of Transportation shall
award grants to States that adopt and implement effective
occupant protection programs to reduce highway deaths and
injuries resulting from individuals riding unrestrained or
improperly restrained in motor vehicles.
‘‘(2) FEDERAL SHARE.—The Federal share of the costs of
activities funded using amounts from grants awarded under
this subsection may not exceed 80 percent for each fiscal year
for which a State receives a grant.
‘‘(3) ELIGIBILITY.—
‘‘(A) HIGH SEAT BELT USE RATE.—A State with an
observed seat belt use rate of 90 percent or higher, based
on the most recent data from a survey that conforms with
national criteria established by the National Highway
Traffic Safety Administration, shall be eligible for a grant
in a fiscal year if the State—
‘‘(i) submits an occupant protection plan during
the first fiscal year;
‘‘(ii) participates in the Click It or Ticket national
mobilization;
‘‘(iii) has an active network of child restraint
inspection stations; and
‘‘(iv) has a plan to recruit, train, and maintain
a sufficient number of child passenger safety technicians.
‘‘(B) LOWER SEAT BELT USE RATE.—A State with an
observed seat belt use rate below 90 percent, based on
the most recent data from a survey that conforms with
national criteria established by the National Highway
Traffic Safety Administration, shall be eligible for a grant
in a fiscal year if—
‘‘(i) the State meets all of the requirements under
clauses (i) through (iv) of subparagraph (A); and
‘‘(ii) the Secretary determines that the State meets
at least 3 of the following criteria:
‘‘(I) The State conducts sustained (on-going
and periodic) seat belt enforcement at a defined
level of participation during the year.
‘‘(II) The State has enacted and enforces a
primary enforcement seat belt use law.
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(III) The State has implemented countermeasure programs for high-risk populations, such
as drivers on rural roadways, unrestrained nighttime drivers, or teenage drivers.
‘‘(IV) The State has enacted and enforces occupant protection laws requiring front and rear occupant protection use by all occupants in an ageappropriate restraint.
‘‘(V) The State has implemented a comprehensive occupant protection program in which the
State has—
‘‘(aa) conducted a program assessment;
‘‘(bb) developed a statewide strategic plan;
‘‘(cc) designated an occupant protection
coordinator; and
‘‘(dd) established a statewide occupant
protection task force.
‘‘(VI) The State—
‘‘(aa) completed an assessment of its occupant protection program during the 3-year
period preceding the grant year; or
‘‘(bb) will conduct such an assessment
during the first year of the grant.
‘‘(4) USE OF GRANT AMOUNTS.—
‘‘(A) IN GENERAL.—Grant funds received pursuant to
this subsection may be used to—
‘‘(i) carry out a program to support high-visibility
enforcement mobilizations, including paid media that
emphasizes publicity for the program, and law enforcement;
‘‘(ii) carry out a program to train occupant protection safety professionals, police officers, fire and emergency medical personnel, educators, and parents concerning all aspects of the use of child restraints and
occupant protection;
‘‘(iii) carry out a program to educate the public
concerning the proper use and installation of child
restraints, including related equipment and information systems;
‘‘(iv) carry out a program to provide community
child passenger safety services, including programs
about proper seating positions for children and how
to reduce the improper use of child restraints;
‘‘(v) purchase and distribute child restraints to lowincome families, provided that not more than 5 percent
of the funds received in a fiscal year are used for
such purpose; and
‘‘(vi) establish and maintain information systems
containing data concerning occupant protection,
including the collection and administration of child
passenger safety and occupant protection surveys.
‘‘(B) HIGH SEAT BELT USE RATE.—A State that is eligible
for funds under paragraph (3)(A) may use up to 75 percent
of such funds for any project or activity eligible for funding
under section 402.
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‘‘(5) GRANT AMOUNT.—The allocation of grant funds to a
State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal
year 2009.
‘‘(6) DEFINITIONS.—In this subsection:
‘‘(A) CHILD RESTRAINT.—The term ‘child restraint’
means any device (including child safety seat, booster seat,
harness, and excepting seat belts) that is—
‘‘(i) designed for use in a motor vehicle to restrain,
seat, or position children who weigh 65 pounds (30
kilograms) or less; and
‘‘(ii) certified to the Federal motor vehicle safety
standard prescribed by the National Highway Traffic
Safety Administration for child restraints.
‘‘(B) SEAT BELT.—The term ‘seat belt’ means—
‘‘(i) with respect to open-body motor vehicles,
including convertibles, an occupant restraint system
consisting of a lap belt or a lap belt and a detachable
shoulder belt; and
‘‘(ii) with respect to other motor vehicles, an occupant restraint system consisting of integrated lap and
shoulder belts.
‘‘(c) STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS.—
‘‘(1) GENERAL AUTHORITY.—Subject to the requirements
under this subsection, the Secretary of Transportation shall
award grants to States to support the development and
implementation of effective State programs that—
‘‘(A) improve the timeliness, accuracy, completeness,
uniformity, integration, and accessibility of the State safety
data that is needed to identify priorities for Federal, State,
and local highway and traffic safety programs;
‘‘(B) evaluate the effectiveness of efforts to make such
improvements;
‘‘(C) link the State data systems, including traffic
records, with other data systems within the State, such
as systems that contain medical, roadway, and economic
data;
‘‘(D) improve the compatibility and interoperability of
the data systems of the State with national data systems
and data systems of other States; and
‘‘(E) enhance the ability of the Secretary to observe
and analyze national trends in crash occurrences, rates,
outcomes, and circumstances.
‘‘(2) FEDERAL SHARE.—The Federal share of the cost of
adopting and implementing in a fiscal year a State program
described in this subsection may not exceed 80 percent.
‘‘(3) ELIGIBILITY.—A State is not eligible for a grant under
this subsection in a fiscal year unless the State demonstrates,
to the satisfaction of the Secretary, that the State—
‘‘(A) has a functioning traffic records coordinating committee (referred to in this paragraph as ‘TRCC’) that meets
at least 3 times each year;
‘‘(B) has designated a TRCC coordinator;
‘‘(C) has established a State traffic record strategic
plan that has been approved by the TRCC and describes
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126 STAT. 746
specific quantifiable and measurable improvements anticipated in the State’s core safety databases, including crash,
citation or adjudication, driver, emergency medical services
or injury surveillance system, roadway, and vehicle databases;
‘‘(D) has demonstrated quantitative progress in relation
to the significant data program attribute of—
‘‘(i) accuracy;
‘‘(ii) completeness;
‘‘(iii) timeliness;
‘‘(iv) uniformity;
‘‘(v) accessibility; or
‘‘(vi) integration of a core highway safety database;
and
‘‘(E) has certified to the Secretary that an assessment
of the State’s highway safety data and traffic records
system was conducted or updated during the preceding
5 years.
‘‘(4) USE OF GRANT AMOUNTS.—Grant funds received by
a State under this subsection shall be used for making data
program improvements to core highway safety databases
related to quantifiable, measurable progress in any of the 6
significant data program attributes set forth in paragraph
(3)(D).
‘‘(5) GRANT AMOUNT.—The allocation of grant funds to a
State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal
year 2009.
‘‘(d) IMPAIRED DRIVING COUNTERMEASURES.—
‘‘(1) IN GENERAL.—Subject to the requirements under this
subsection, the Secretary of Transportation shall award grants
to States that adopt and implement—
‘‘(A) effective programs to reduce driving under the
influence of alcohol, drugs, or the combination of alcohol
and drugs; or
‘‘(B) alcohol-ignition interlock laws.
‘‘(2) FEDERAL SHARE.—The Federal share of the costs of
activities funded using amounts from grants under this subsection may not exceed 80 percent in any fiscal year in which
the State receives a grant.
‘‘(3) ELIGIBILITY.—
‘‘(A) LOW-RANGE STATES.—Low-range States shall be
eligible for a grant under this subsection.
‘‘(B) MID-RANGE STATES.—A mid-range State shall be
eligible for a grant under this subsection if—
‘‘(i) a statewide impaired driving task force in the
State developed a statewide plan during the most
recent 3 calendar years to address the problem of
impaired driving; or
‘‘(ii) the State will convene a statewide impaired
driving task force to develop such a plan during the
first year of the grant.
‘‘(C) HIGH-RANGE STATES.—A high-range State shall
be eligible for a grant under this subsection if the State—
‘‘(i)(I) conducted an assessment of the State’s
impaired driving program during the most recent 3
calendar years; or
Certification.
Grants.
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‘‘(II) will conduct such an assessment during the
first year of the grant;
‘‘(ii) convenes, during the first year of the grant,
a statewide impaired driving task force to develop a
statewide plan that—
‘‘(I) addresses any recommendations from the
assessment conducted under clause (i);
‘‘(II) includes a detailed plan for spending any
grant funds provided under this subsection; and
‘‘(III) describes how such spending supports
the statewide program; and
‘‘(iii)(I) submits the statewide plan to the National
Highway Traffic Safety Administration during the first
year of the grant for the agency’s review and approval;
‘‘(II) annually updates the statewide plan in each
subsequent year of the grant; and
‘‘(III) submits each updated statewide plan for the
agency’s review and comment.
‘‘(4) USE OF GRANT AMOUNTS.—
‘‘(A) REQUIRED PROGRAMS.—High-range States shall
use grant funds for—
‘‘(i) high visibility enforcement efforts; and
‘‘(ii) any of the activities described in subparagraph
(B) if—
‘‘(I) the activity is described in the statewide
plan; and
‘‘(II) the Secretary approves the use of funding
for such activity.
‘‘(B) AUTHORIZED PROGRAMS.—Medium-range and lowrange States may use grant funds for—
‘‘(i) any of the purposes described in subparagraph
(A);
‘‘(ii) hiring a full-time or part-time impaired
driving coordinator of the State’s activities to address
the enforcement and adjudication of laws regarding
driving while impaired by alcohol;
‘‘(iii) court support of high visibility enforcement
efforts, training and education of criminal justice
professionals (including law enforcement, prosecutors,
judges, and probation officers) to assist such professionals in handling impaired driving cases, hiring
traffic safety resource prosecutors, hiring judicial outreach liaisons, and establishing driving while intoxicated courts;
‘‘(iv) alcohol ignition interlock programs;
‘‘(v) improving blood-alcohol concentration testing
and reporting;
‘‘(vi) paid and earned media in support of high
visibility enforcement efforts, and conducting standardized field sobriety training, advanced roadside impaired
driving evaluation training, and drug recognition
expert training for law enforcement, and equipment
and related expenditures used in connection with
impaired driving enforcement in accordance with criteria established by the National Highway Traffic
Safety Administration;
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(vii) training on the use of alcohol screening and
brief intervention;
‘‘(viii) developing impaired driving information systems; and
‘‘(ix) costs associated with a 24-7 sobriety program.
‘‘(C) OTHER PROGRAMS.—Low-range States may use
grant funds for any expenditure designed to reduce
impaired driving based on problem identification. Medium
and high-range States may use funds for such expenditures
upon approval by the Secretary.
‘‘(5) GRANT AMOUNT.—Subject to paragraph (6), the allocation of grant funds to a State under this section for a fiscal
year shall be in proportion to the State’s apportionment under
section 402(c) for fiscal year 2009.
‘‘(6) GRANTS TO STATES THAT ADOPT AND ENFORCE MANDATORY ALCOHOL-IGNITION INTERLOCK LAWS.—
‘‘(A) IN GENERAL.—The Secretary shall make a separate
grant under this subsection to each State that adopts and
is enforcing a mandatory alcohol-ignition interlock law for
all individuals convicted of driving under the influence
of alcohol or of driving while intoxicated.
‘‘(B) USE OF FUNDS.—Grants authorized under subparagraph (A) may be used by recipient States for any eligible
activities under this subsection or section 402.
‘‘(C) ALLOCATION.—Amounts made available under this
paragraph shall be allocated among States described in
subparagraph (A) on the basis of the apportionment formula set forth in section 402(c).
‘‘(D) FUNDING.—Not more than 15 percent of the
amounts made available to carry out this subsection in
a fiscal year shall be made available by the Secretary
for making grants under this paragraph.
‘‘(7) DEFINITIONS.—In this subsection:
‘‘(A) 24-7 SOBRIETY PROGRAM.—The term ‘24-7 sobriety
program’ means a State law or program that authorizes
a State court or a State agency, as a condition of sentence,
probation, parole, or work permit, to—
‘‘(i) require an individual who plead guilty or was
convicted of driving under the influence of alcohol or
drugs to totally abstain from alcohol or drugs for a
period of time; and
‘‘(ii) require the individual to be subject to testing
for alcohol or drugs—
‘‘(I) at least twice per day;
‘‘(II) by continuous transdermal alcohol monitoring via an electronic monitoring device; or
‘‘(III) by an alternate method with the concurrence of the Secretary.
‘‘(B) AVERAGE IMPAIRED DRIVING FATALITY RATE.—The
term ‘average impaired driving fatality rate’ means the
number of fatalities in motor vehicle crashes involving
a driver with a blood alcohol concentration of at least
0.08 percent for every 100,000,000 vehicle miles traveled,
based on the most recently reported 3 calendar years of
final data from the Fatality Analysis Reporting System,
as calculated in accordance with regulations prescribed
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by the Administrator of the National Highway Traffic
Safety Administration.
‘‘(C) HIGH-RANGE STATE.—The term ‘high-range State’
means a State that has an average impaired driving fatality
rate of 0.60 or higher.
‘‘(D) LOW-RANGE STATE.—The term ‘low-range State’
means a State that has an average impaired driving fatality
rate of 0.30 or lower..
‘‘(E) MID-RANGE STATE.—The term ‘mid-range State’
means a State that has an average impaired driving fatality
rate that is higher than 0.30 and lower than 0.60.
‘‘(e) DISTRACTED DRIVING GRANTS.—
‘‘(1) IN GENERAL.—The Secretary shall award a grant under
this subsection to any State that enacts and enforces a statute
that meets the requirements set forth in paragraphs (2) and
(3).
‘‘(2) PROHIBITION ON TEXTING WHILE DRIVING.—A State
statute meets the requirements set forth in this paragraph
if the statute—
‘‘(A) prohibits drivers from texting through a personal
wireless communications device while driving;
‘‘(B) makes violation of the statute a primary offense;
and
‘‘(C) establishes—
‘‘(i) a minimum fine for a first violation of the
statute; and
‘‘(ii) increased fines for repeat violations.
‘‘(3) PROHIBITION ON YOUTH CELL PHONE USE WHILE
DRIVING.—A State statute meets the requirements set forth
in this paragraph if the statute—
‘‘(A) prohibits a driver who is younger than 18 years
of age from using a personal wireless communications
device while driving;
‘‘(B) makes violation of the statute a primary offense;
‘‘(C) requires distracted driving issues to be tested
as part of the State driver’s license examination; and
‘‘(D) establishes—
‘‘(i) a minimum fine for a first violation of the
statute; and
‘‘(ii) increased fines for repeat violations.
‘‘(4) PERMITTED EXCEPTIONS.—A statute that meets the
requirements set forth in paragraphs (2) and (3) may provide
exceptions for—
‘‘(A) a driver who uses a personal wireless communications device to contact emergency services;
‘‘(B) emergency services personnel who use a personal
wireless communications device while—
‘‘(i) operating an emergency services vehicle; and
‘‘(ii) engaged in the performance of their duties
as emergency services personnel; and
‘‘(C) an individual employed as a commercial motor
vehicle driver or a school bus driver who uses a personal
wireless communications device within the scope of such
individual’s employment if such use is permitted under
the regulations promulgated pursuant to section 31152 of
title 49.
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(5) USE OF GRANT FUNDS.—Of the amounts received by
a State under this subsection—
‘‘(A) at least 50 percent shall be used—
‘‘(i) to educate the public through advertising containing information about the dangers of texting or
using a cell phone while driving;
‘‘(ii) for traffic signs that notify drivers about the
distracted driving law of the State; or
‘‘(iii) for law enforcement costs related to the
enforcement of the distracted driving law; and
‘‘(B) up to 50 percent may be used for any eligible
project or activity under section 402.
‘‘(6) ADDITIONAL GRANTS.—In the first fiscal year that
grants are awarded under this subsection, the Secretary may
use up to 25 percent of the amounts available for grants under
this subsection to award grants to States that—
‘‘(A) enacted statutes before the date of enactment
of the Motor Vehicle and Highway Safety Improvement
Act of 2012, which meet the requirements set forth in
subparagraphs (A) and (B) of paragraph (2); and
‘‘(B) are otherwise ineligible for a grant under this
subsection.
‘‘(7) ALLOCATION TO SUPPORT STATE DISTRACTED DRIVING
LAWS.—Of the amounts available under this subsection in a
fiscal year for distracted driving grants, the Secretary may
expend up to $5,000,000 for the development and placement
of broadcast media to support the enforcement of State distracted driving laws.
‘‘(8) DISTRACTED DRIVING STUDY.—
‘‘(A) IN GENERAL.—The Secretary shall conduct a study
of all forms of distracted driving.
‘‘(B) COMPONENTS.—The study conducted under
subparagraph (A) shall—
‘‘(i) examine the effect of distractions other than
the use of personal wireless communications on motor
vehicle safety;
‘‘(ii) identify metrics to determine the nature and
scope of the distracted driving problem;
‘‘(iii) identify the most effective methods to enhance
education and awareness; and
‘‘(iv) identify the most effective method of reducing
deaths and injuries caused by all forms of distracted
driving.
‘‘(C) REPORT.—Not later than 1 year after the date
of enactment of the Motor Vehicle and Highway Safety
Improvement Act of 2012, the Secretary shall submit a
report containing the results of the study conducted under
this paragraph to—
‘‘(i) the Committee on Commerce, Science, and
Transportation of the Senate; and
‘‘(ii) the Committee on Transportation and Infrastructure of the House of Representatives.
‘‘(9) DEFINITIONS.—In this subsection:
‘‘(A) DRIVING.—The term ‘driving’—
‘‘(i) means operating a motor vehicle on a public
road, including operation while temporarily stationary
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126 STAT. 751
because of traffic, a traffic light or stop sign, or otherwise; and
‘‘(ii) does not include operating a motor vehicle
when the vehicle has pulled over to the side of, or
off, an active roadway and has stopped in a location
where it can safely remain stationary.
‘‘(B) PERSONAL WIRELESS COMMUNICATIONS DEVICE.—
The term ‘personal wireless communications device’—
‘‘(i) means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of
the Communications Act of 1934 (47 U.S.C.
332(c)(7)(C)(i))) are transmitted; and
‘‘(ii) does not include a global navigation satellite
system receiver used for positioning, emergency
notification, or navigation purposes.
‘‘(C) PRIMARY OFFENSE.—The term ‘primary offense’
means an offense for which a law enforcement officer may
stop a vehicle solely for the purpose of issuing a citation
in the absence of evidence of another offense.
‘‘(D) PUBLIC ROAD.—The term ‘public road’ has the
meaning given such term in section 402(c).
‘‘(E) TEXTING.—The term ‘texting’ means reading from
or manually entering data into a personal wireless communications device, including doing so for the purpose of SMS
texting, e-mailing, instant messaging, or engaging in any
other form of electronic data retrieval or electronic data
communication.
‘‘(f) MOTORCYCLIST SAFETY.—
‘‘(1) GRANTS AUTHORIZED.—Subject to the requirements
under this subsection, the Secretary shall award grants to
States that adopt and implement effective programs to reduce
the number of single- and multi-vehicle crashes involving
motorcyclists.
‘‘(2) ALLOCATION.—The amount of a grant awarded to a
State for a fiscal year under this subsection may not exceed
25 percent of the amount apportioned to the State for fiscal
year 2003 under section 402.
‘‘(3) GRANT ELIGIBILITY.—A State becomes eligible for a
grant under this subsection by adopting or demonstrating to
the satisfaction of the Secretary, at least 2 of the following
criteria:
‘‘(A) MOTORCYCLE RIDER TRAINING COURSES.—An effective motorcycle rider training course that is offered
throughout the State, which—
‘‘(i) provides a formal program of instruction in
accident avoidance and other safety-oriented operational skills to motorcyclists; and
‘‘(ii) may include innovative training opportunities
to meet unique regional needs.
‘‘(B) MOTORCYCLISTS AWARENESS PROGRAM.—An effective statewide program to enhance motorist awareness of
the presence of motorcyclists on or near roadways and
safe driving practices that avoid injuries to motorcyclists.
‘‘(C) REDUCTION OF FATALITIES AND CRASHES INVOLVING
MOTORCYCLES.—A reduction for the preceding calendar year
in the number of motorcycle fatalities and the rate of
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126 STAT. 752
PUBLIC LAW 112–141—JULY 6, 2012
motor vehicle crashes involving motorcycles in the State
(expressed as a function of 10,000 motorcycle registrations).
‘‘(D) IMPAIRED DRIVING PROGRAM.—Implementation of
a statewide program to reduce impaired driving, including
specific measures to reduce impaired motorcycle operation.
‘‘(E) REDUCTION OF FATALITIES AND ACCIDENTS
INVOLVING IMPAIRED MOTORCYCLISTS.—A reduction for the
preceding calendar year in the number of fatalities and
the rate of reported crashes involving alcohol- or drugimpaired motorcycle operators (expressed as a function of
10,000 motorcycle registrations).
‘‘(F) FEES COLLECTED FROM MOTORCYCLISTS.—All fees
collected by the State from motorcyclists for the purposes
of funding motorcycle training and safety programs will
be used for motorcycle training and safety purposes.
‘‘(4) ELIGIBLE USES.—
‘‘(A) IN GENERAL.—A State may use funds from a grant
under this subsection only for motorcyclist safety training
and motorcyclist awareness programs, including—
‘‘(i) improvements to motorcyclist safety training
curricula;
‘‘(ii) improvements in program delivery of motorcycle training to both urban and rural areas,
including—
‘‘(I) procurement or repair of practice motorcycles;
‘‘(II) instructional materials;
‘‘(III) mobile training units; and
‘‘(IV) leasing or purchasing facilities for closedcourse motorcycle skill training;
‘‘(iii) measures designed to increase the recruitment or retention of motorcyclist safety training
instructors; and
‘‘(iv) public awareness, public service announcements, and other outreach programs to enhance driver
awareness of motorcyclists, such as the ‘share-the-road’
safety messages developed under subsection (g).
‘‘(B) SUBALLOCATIONS OF FUNDS.—An agency of a State
that receives a grant under this subsection may suballocate
funds from the grant to a nonprofit organization incorporated in that State to carry out this subsection.
‘‘(5) DEFINITIONS.—In this subsection:
‘‘(A) MOTORCYCLIST AWARENESS.—The term ‘motorcyclist awareness’ means individual or collective awareness
of—
‘‘(i) the presence of motorcycles on or near roadways; and
‘‘(ii) safe driving practices that avoid injury to
motorcyclists.
‘‘(B) MOTORCYCLIST AWARENESS PROGRAM.—The term
‘motorcyclist awareness program’ means an informational
or public awareness program designed to enhance motorcyclist awareness that is developed by or in coordination
with the designated State authority having jurisdiction
over motorcyclist safety issues, which may include the State
motorcycle safety administrator or a motorcycle advisory
council appointed by the governor of the State.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 753
‘‘(C) MOTORCYCLIST SAFETY TRAINING.—The term
‘motorcyclist safety training’ means a formal program of
instruction that is approved for use in a State by the
designated State authority having jurisdiction over motorcyclist safety issues, which may include the State motorcycle safety administrator or a motorcycle advisory council
appointed by the governor of the State.
‘‘(D) STATE.—The term ‘State’ has the meaning given
such term in section 101(a) of title 23, United States Code.
‘‘(g) STATE GRADUATED DRIVER LICENSING INCENTIVE GRANT.—
‘‘(1) GRANTS AUTHORIZED.—Subject to the requirements
under this subsection, the Secretary shall award grants to
States that adopt and implement graduated driver licensing
laws in accordance with the requirements set forth in paragraph
(2).
‘‘(2) MINIMUM REQUIREMENTS.—
‘‘(A) IN GENERAL.—A State meets the requirements
set forth in this paragraph if the State has a graduated
driver licensing law that requires novice drivers younger
than 21 years of age to comply with the 2-stage licensing
process described in subparagraph (B) before receiving an
unrestricted driver’s license.
‘‘(B) LICENSING PROCESS.—A State is in compliance
with the 2-stage licensing process described in this subparagraph if the State’s driver’s license laws include—
‘‘(i) a learner’s permit stage that—
‘‘(I) is at least 6 months in duration;
‘‘(II) prohibits the driver from using a cellular
telephone or any communications device in a nonemergency situation; and
‘‘(III) remains in effect until the driver—
‘‘(aa) reaches 16 years of age and enters
the intermediate stage; or
‘‘(bb) reaches 18 years of age;
‘‘(ii) an intermediate stage that—
‘‘(I) commences immediately after the expiration of the learner’s permit stage;
‘‘(II) is at least 6 months in duration;
‘‘(III) prohibits the driver from using a cellular
telephone or any communications device in a nonemergency situation;
‘‘(IV) restricts driving at night;
‘‘(V) prohibits the driver from operating a
motor vehicle with more than 1 nonfamilial passenger younger than 21 years of age unless a
licensed driver who is at least 21 years of age
is in the motor vehicle; and
‘‘(VI) remains in effect until the driver reaches
18 years of age; and
‘‘(iii) any other requirement prescribed by the Secretary of Transportation, including—
‘‘(I) in the learner’s permit stage—
‘‘(aa) at least 40 hours of behind-the-wheel
training with a licensed driver who is at least
21 years of age;
‘‘(bb) a driver training course; and
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126 STAT. 754
‘‘(cc) a requirement that the driver be
accompanied and supervised by a licensed
driver, who is at least 21 years of age, at
all times while such driver is operating a
motor vehicle; and
‘‘(II) in the learner’s permit or intermediate
stage, a requirement, in addition to any other penalties imposed by State law, that the grant of
an unrestricted driver’s license be automatically
delayed for any individual who, during the
learner’s permit or intermediate stage, is convicted
of a driving-related offense, including—
‘‘(aa) driving while intoxicated;
‘‘(bb) misrepresentation of his or her true
age;
‘‘(cc) reckless driving;
‘‘(dd) driving without wearing a seat belt;
‘‘(ee) speeding; or
‘‘(ff) any other driving-related offense, as
determined by the Secretary.
‘‘(3) RULEMAKING.—
‘‘(A) IN GENERAL.—The Secretary shall promulgate
regulations necessary to implement the requirements set
forth in paragraph (2), in accordance with the notice and
comment provisions under section 553 of title 5.
‘‘(B) EXCEPTION.—A State that otherwise meets the
minimum requirements set forth in paragraph (2) shall
be deemed by the Secretary to be in compliance with the
requirement set forth in paragraph (2) if the State enacted
a law before January 1, 2011, establishing a class of license
that permits licensees or applicants younger than 18 years
of age to drive a motor vehicle—
‘‘(i) in connection with work performed on, or for
the operation of, a farm owned by family members
who are directly related to the applicant or licensee;
or
‘‘(ii) if demonstrable hardship would result from
the denial of a license to the licensees or applicants.
‘‘(4) ALLOCATION.—Grant funds allocated to a State under
this subsection for a fiscal year shall be in proportion to a
State’s apportionment under section 402 for such fiscal year.
‘‘(5) USE OF FUNDS.—Of the grant funds received by a
State under this subsection—
‘‘(A) at least 25 percent shall be used for—
‘‘(i) enforcing a 2-stage licensing process that complies with paragraph (2);
‘‘(ii) training for law enforcement personnel and
other relevant State agency personnel relating to the
enforcement described in clause (i);
‘‘(iii) publishing relevant educational materials
that pertain directly or indirectly to the State graduated driver licensing law;
‘‘(iv) carrying out other administrative activities
that the Secretary considers relevant to the State’s
2-stage licensing process; and
‘‘(v) carrying out a teen traffic safety program
described in section 402(m); and
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‘‘(B) up to 75 percent may be used for any eligible
project or activity under section 402.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 4 of
title 23, United States Code, is amended by striking the item
relating to section 405 and inserting the following:
‘‘405. National priority safety programs.’’.
SEC. 31106. HIGH VISIBILITY ENFORCEMENT PROGRAM.
Section 2009 of SAFETEA–LU (23 U.S.C. 402 note) is
amended—
(1) in subsection (a)—
(A) by striking ‘‘at least 2’’ and inserting ‘‘at least
3’’; and
(B) by striking ‘‘years 2006 through 2012.’’ and
inserting ‘‘fiscal years 2013 and 2014. The Administrator
may also initiate and support additional campaigns in each
of fiscal years 2013 and 2014 for the purposes specified
in subsection (b).’’;
(2) in subsection (b), by striking ‘‘either or both’’ and
inserting ‘‘outcomes related to at least 1’’;
(3) in subsection (c), by inserting ‘‘and Internet-based outreach’’ after ‘‘print media advertising’’;
(4) in subsection (e), by striking ‘‘subsections (a), (c), and
(f)’’ and inserting ‘‘subsection (c)’’;
(5) by striking subsection (f); and
(6) by redesignating subsection (g) as subsection (f).
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SEC. 31107. AGENCY ACCOUNTABILITY.
Section 412 of title 23, United States Code, is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) TRIENNIAL STATE MANAGEMENT REVIEWS.—
‘‘(1) IN GENERAL.—Except as provided under paragraph
(2), the Secretary shall conduct a review of each State highway
safety program at least once every 3 years.
‘‘(2) EXCEPTIONS.—The Secretary may conduct reviews of
the highway safety programs of the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands as often as the Secretary determines to be appropriate.
‘‘(3) COMPONENTS.—Reviews under this subsection shall
include—
‘‘(A) a management evaluation of all grant programs
funded under this chapter;
‘‘(B) an assessment of State data collection and evaluation relating to performance measures established by the
Secretary;
‘‘(C) a comparison of State efforts under subparagraphs
(A) and (B) to best practices and programs that have been
evaluated for effectiveness; and
‘‘(D) the development of recommendations on how each
State could—
‘‘(i) improve the management and oversight of its
grant activities; and
‘‘(ii) provide a management and oversight plan for
such grant programs.’’; and
(2) by striking subsection (f).
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PUBLIC LAW 112–141—JULY 6, 2012
SEC. 31108. EMERGENCY MEDICAL SERVICES.
Section 10202 of Public Law 109–59 (42 U.S.C. 300d–4), is
amended by adding at the end the following:
‘‘(b) NATIONAL EMERGENCY MEDICAL SERVICES ADVISORY
COUNCIL.—
‘‘(1) ESTABLISHMENT.—The Secretary of Transportation, in
coordination with the Secretary of Health and Human Services
and the Secretary of Homeland Security, shall establish a
National Emergency Medical Services Advisory Council
(referred to in this subsection as the ‘Advisory Council’).
‘‘(2) MEMBERSHIP.—The Advisory Council shall be composed
of 25 members, who—
‘‘(A) shall be appointed by the Secretary of Transportation; and
‘‘(B) shall collectively be representative of all sectors
of the emergency medical services community.
‘‘(3) PURPOSES.—The purposes of the Advisory Council are
to advise and consult with—
‘‘(A) the Federal Interagency Committee on Emergency
Medical Services on matters relating to emergency medical
services issues; and
‘‘(B) the Secretary of Transportation on matters
relating to emergency medical services issues affecting the
Department of Transportation.
‘‘(4) ADMINISTRATION.—The Administrator of the National
Highway Traffic Safety Administration shall provide administrative support to the Advisory Council, including scheduling
meetings, setting agendas, keeping minutes and records, and
producing reports.
‘‘(5) LEADERSHIP.—The members of the Advisory Council
shall annually select a chairperson of the Advisory Council.
‘‘(6) MEETINGS.—The Advisory Council shall meet as frequently as is determined necessary by the chairperson of the
Advisory Council.
‘‘(7) ANNUAL REPORTS.—The Advisory Council shall prepare
an annual report to the Secretary of Transportation regarding
the Advisory Council’s actions and recommendations.’’.
Consultation.
Deadline.
SEC. 31109. REPEAL OF PROGRAMS.
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23 USC 406 note.
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(a) GENERAL PROVISION.—A repeal made by this section shall
not affect amounts apportioned or allocated before the effective
date of such repeal, provided that such apportioned or allocated
funds continue to be subject to the requirements to which such
funds were subject under the repealed section as in effect on the
day before the date of the repeal.
(b) SAFETY BELT PERFORMANCE GRANTS.—Section 406 of title
23, United States Code, and the item relating to section 406 in
the analysis for chapter 4 of title 23, United States Code, are
repealed.
(c) INNOVATIVE PROJECT GRANTS.—Section 407 of title 23,
United States Code, and the item relating to section 407 in the
analysis for chapter 4, are repealed.
(d) STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS.—Section 408 of title 23, United States Code, and the item
relating to section 408 in the analysis for chapter 4, are repealed.
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126 STAT. 757
(e) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.—Section
410 of title 23, United States Code, and the item relating to section
410 in the analysis for chapter 4, are repealed.
(f) STATE HIGHWAY SAFETY DATA IMPROVEMENTS.—Section 411
of title 23, United States Code, and the item relating to section
411 in the analysis for chapter 4, are repealed.
(g) MOTORCYCLIST SAFETY.—Section 2010 of SAFETEA-LU (23
U.S.C. 402 note), and the item relating to section 2010 in the
table of contents under section 1(b) of such Act, are repealed.
(h) CHILD SAFETY AND CHILD BOOSTER SEAT INCENTIVE
GRANTS.—Section 2011 of SAFETEA-LU (23 U.S.C. 405 note), and
the item relating to section 2011 in the table of contents under
section 1(b) of that Act, are repealed.
(i) DRUG-IMPAIRED DRIVING ENFORCEMENT.—Section 2013 of
SAFETEA-LU (23 U.S.C. 403 note), and the item relating to section
2013 in the table of contents under section 1(b) of that Act, are
repealed.
(j) FIRST RESPONDER VEHICLE SAFETY PROGRAM.—Section 2014
of SAFETEA-LU (23 U.S.C. 402 note), and the item relating to
section 2014 in the table of contents under section 1(b) of that
Act, are repealed.
(k) RURAL STATE EMERGENCY MEDICAL SERVICES OPTIMIZATION
PILOT PROGRAM.—Section 2016 of SAFETEA-LU (119 Stat. 1541),
and the item relating to section 2016 in the table of contents
under section 1(b) of that Act, are repealed.
(l) OLDER DRIVER SAFETY; LAW ENFORCEMENT TRAINING.—Section 2017 of SAFETEA-LU (119 Stat. 1541), and the item relating
to section 2017 in the table of contents under section 1(b) of that
Act, are repealed.
23 USC 402 note.
Subtitle B—Enhanced Safety Authorities
SEC. 31201. DEFINITION OF MOTOR VEHICLE EQUIPMENT.
Section 30102(a)(7)(C) of title 49, United States Code, is
amended to read as follows:
‘‘(C) any device or an article or apparel, including a
motorcycle helmet and excluding medicine or eyeglasses
prescribed by a licensed practitioner, that—
‘‘(i) is not a system, part, or component of a motor
vehicle; and
‘‘(ii) is manufactured, sold, delivered, or offered
to be sold for use on public streets, roads, and highways
with the apparent purpose of safeguarding users of
motor vehicles against risk of accident, injury, or
death.’’.
SEC. 31202. PERMIT REMINDER SYSTEM FOR NON-USE OF SAFETY
BELTS.
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(a) IN GENERAL.—Chapter 301 of title 49, United States Code,
is amended—
(1) in section 30122, by striking subsection (d); and
(2) by amending section 30124 to read as follows:
‘‘§ 30124. Nonuse of safety belts
‘‘A motor vehicle safety standard prescribed under this chapter
may not require a manufacturer to comply with the standard by
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PUBLIC LAW 112–141—JULY 6, 2012
using a safety belt interlock designed to prevent starting or operating a motor vehicle if an occupant is not using a safety belt.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 301
of title 49, United States Code, is amended by striking the item
relating to section 30124 and inserting the following:
‘‘Sec. 30124. Nonuse of safety belts.’’.
SEC. 31203. CIVIL PENALTIES.
Deadline.
Regulations.
49 USC 30165
note.
49 USC 30165
note.
(a) IN GENERAL.—Section 30165 of title 49, United States Code,
is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘30123(d)’’ and inserting ‘‘30123(a)’’;
and
(ii) by striking ‘‘$15,000,000’’ and inserting
‘‘$35,000,000’’; and
(B) in paragraph (3), by striking ‘‘$15,000,000’’ and
inserting ‘‘$35,000,000’’; and
(2) by amending subsection (c) to read as follows:
‘‘(c) RELEVANT FACTORS IN DETERMINING AMOUNT OF PENALTY
OR COMPROMISE.—In determining the amount of a civil penalty
or compromise under this section, the Secretary of Transportation
shall consider the nature, circumstances, extent, and gravity of
the violation. Such determination shall include, as appropriate—
‘‘(1) the nature of the defect or noncompliance;
‘‘(2) knowledge by the person charged of its obligations
under this chapter;
‘‘(3) the severity of the risk of injury;
‘‘(4) the occurrence or absence of injury;
‘‘(5) the number of motor vehicles or items of motor vehicle
equipment distributed with the defect or noncompliance;
‘‘(6) actions taken by the person charged to identify, investigate, or mitigate the condition;
‘‘(7) the appropriateness of such penalty in relation to the
size of the business of the person charged, including the potential for undue adverse economic impacts;
‘‘(8) whether the person has been assessed civil penalties
under this section during the most recent 5 years; and
‘‘(9) other appropriate factors.’’.
(b) CIVIL PENALTY CRITERIA.—Not later than 1 year after the
date of enactment of this Act, the Secretary shall issue a final
rule, in accordance with the procedures of section 553 of title
5, United States Code, which provides an interpretation of the
penalty factors described in section 30165(c) of title 49, United
States Code.
(c) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on the date that is the earlier of the date
on which final regulations are issued under subsection (b) or 1
year after the date of enactment of this Act.
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SEC. 31204. MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT.
(a) IN GENERAL.—Chapter 301 of title 49, United States Code,
is amended by adding at the end the following:
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‘‘SUBCHAPTER V—MOTOR VEHICLE SAFETY RESEARCH
AND DEVELOPMENT
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‘‘§ 30181. Policy
‘‘The Secretary of Transportation shall conduct research,
development, and testing on any area or aspect of motor vehicle
safety necessary to carry out this chapter.
‘‘§ 30182. Powers and duties
‘‘(a) IN GENERAL.—The Secretary of Transportation shall—
‘‘(1) conduct motor vehicle safety research, development,
and testing programs and activities, including activities related
to new and emerging technologies that impact or may impact
motor vehicle safety;
‘‘(2) collect and analyze all types of motor vehicle and
highway safety data and related information to determine the
relationship between motor vehicle or motor vehicle equipment
performance characteristics and—
‘‘(A) accidents involving motor vehicles; and
‘‘(B) deaths or personal injuries resulting from those
accidents.
‘‘(b) ACTIVITIES.—In carrying out a program under this section,
the Secretary of Transportation may—
‘‘(1) promote, support, and advance the education and
training of motor vehicle safety staff of the National Highway
Traffic Safety Administration in motor vehicle safety research
programs and activities, including using program funds for
planning, implementing, conducting, and presenting results of
program activities, and for related expenses;
‘‘(2) obtain experimental and other motor vehicles and
motor vehicle equipment for research or testing;
‘‘(3)(A) use any test motor vehicles and motor vehicle equipment suitable for continued use, as determined by the Secretary
to assist in carrying out this chapter or any other chapter
of this title; or
‘‘(B) sell or otherwise dispose of test motor vehicles and
motor vehicle equipment and use the resulting proceeds to
carry out this chapter;
‘‘(4) award grants to States and local governments, interstate authorities, and nonprofit institutions; and
‘‘(5) enter into cooperative agreements, collaborative
research, or contracts with Federal agencies, interstate authorities, State and local governments, other public entities, private
organizations and persons, nonprofit institutions, colleges and
universities, consumer advocacy groups, corporations, partnerships, sole proprietorships, trade associations, Federal laboratories (including government-owned, government-operated laboratories and government-owned, contractor-operated laboratories), and research organizations.
‘‘(c) USE OF PUBLIC AGENCIES.—In carrying out this subchapter,
the Secretary shall avoid duplication by using the services, research,
and testing facilities of public agencies, as appropriate.
‘‘(d) FACILITIES.—The Secretary may plan, design, and construct
a new facility or modify an existing facility to conduct research,
development, and testing in traffic safety, highway safety, and
motor vehicle safety. An expenditure of more than $1,500,000 for
planning, design, or construction may be made only if 60 days
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Notification.
Time period.
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Public
information.
PUBLIC LAW 112–141—JULY 6, 2012
prior notice of the planning, design, or construction is provided
to the Committees on Science, Space, and Technology and Transportation and Infrastructure of the House of Representatives and the
Committees on Commerce, Science, and Transportation and
Environment and Public Works of the Senate. The notice shall
include—
‘‘(1) a brief description of the facility being planned,
designed, or constructed;
‘‘(2) the location of the facility;
‘‘(3) an estimate of the maximum cost of the facility;
‘‘(4) a statement identifying private and public agencies
that will use the facility and the contribution each agency
will make to the cost of the facility; and
‘‘(5) a justification of the need for the facility.
‘‘(e) INCREASING COSTS OF APPROVED FACILITIES.—The estimated maximum cost of a facility noticed under subsection (d)
may be increased by an amount equal to the percentage increase
in construction costs from the date the notice is submitted to Congress. However, the increase in the cost of the facility may not
be more than 10 percent of the estimated maximum cost included
in the notice. The Secretary shall decide what increase in construction costs has occurred.
‘‘(f) AVAILABILITY OF INFORMATION, PATENTS, AND DEVELOPMENTS.—When the United States Government makes more than
a minimal contribution to a research or development activity under
this chapter, the Secretary shall include in the arrangement for
the activity a provision to ensure that all information, patents,
and developments related to the activity are available to the public.
The owner of a background patent may not be deprived of a right
under the patent.
‘‘§ 30183. Prohibition on certain disclosures.
‘‘Any report of the National Highway Traffic Safety Administration, or of any officer, employee, or contractor of the National
Highway Traffic Safety Administration, relating to any highway
traffic accident or the investigation of such accident conducted
pursuant to this chapter or section 403 of title 23, may be made
available to the public only in a manner that does not identify
individuals.’’.
(b) CONFORMING AMENDMENTS.—
(1) AMENDMENT OF CHAPTER ANALYSIS.—The chapter analysis for chapter 301 of title 49, United States Code, is amended
by adding at the end the following:
‘‘SUBCHAPTER V—MOTOR VEHICLE SAFETY
‘‘30181. Policy.
‘‘30182. Powers and duties.
‘‘30183. Prohibition on certain disclosures.’’.
RESEARCH AND DEVELOPMENT
(2) DELETION OF REDUNDANT MATERIAL.—Chapter 301 of
title 49, United States Code, is amended—
(A) in the chapter analysis, by striking the item
relating to section 30168; and
(B) by striking section 30168.
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SEC. 31205. ODOMETER REQUIREMENTS.
(a) DEFINITION.—Section 32702(5) of title 49, United States
Code, is amended by inserting ‘‘or system of components’’ after
‘‘instrument’’.
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(b) ELECTRONIC DISCLOSURES OF ODOMETER INFORMATION.—
Section 32705 of title 49, United States Code, is amended by adding
at the end the following:
‘‘(g) ELECTRONIC DISCLOSURES.—Not later than 18 months after
the date of enactment of the Motor Vehicle and Highway Safety
Improvement Act of 2012, in carrying out this section, the Secretary
shall prescribe regulations permitting any written disclosures or
notices and related matters to be provided electronically.’’.
Deadline.
Regulations.
SEC. 31206. INCREASED PENALTIES AND DAMAGES FOR ODOMETER
FRAUD.
Chapter 327 of title 49, United States Code, is amended—
(1) in section 32709(a)(1)—
(A) by striking ‘‘$2,000’’ and inserting ‘‘$10,000’’; and
(B) by striking ‘‘$100,000’’ and inserting ‘‘$1,000,000’’;
and
(2) in section 32710(a), by striking ‘‘$1,500’’ and inserting
‘‘$10,000’’.
SEC. 31207. EXTEND PROHIBITIONS ON IMPORTING NONCOMPLIANT
VEHICLES AND EQUIPMENT TO DEFECTIVE VEHICLES
AND EQUIPMENT.
Section 30112 of title 49, United States Code, is amended—
(1) in subsection (a), by adding at the end the following:
‘‘(3) Except as provided in this section, section 30114, subsections (i) and (j) of section 30120, and subchapter III, a person
may not sell, offer for sale, introduce or deliver for introduction
in interstate commerce, or import into the United States any motor
vehicle or motor vehicle equipment if the vehicle or equipment
contains a defect related to motor vehicle safety about which notice
was given under section 30118(c) or an order was issued under
section 30118(b). Nothing in this paragraph may be construed to
prohibit the importation of a new motor vehicle that receives a
required recall remedy before being sold to a consumer in the
United States.’’; and
(2) in subsection (b)(2)—
(A) in subparagraph (A), by striking ‘‘or’’ at the end;
(B) in subparagraph (B), by adding ‘‘or’’ at the end;
and
(C) by adding at the end the following:
‘‘(C) having no reason to know, despite exercising
reasonable care, that a motor vehicle or motor vehicle
equipment contains a defect related to motor vehicle safety
about which notice was given under section 30118(c) or
an order was issued under section 30118(b);’’.
SEC. 31208. CONDITIONS ON IMPORTATION OF VEHICLES AND EQUIPMENT.
Chapter 301 of title 49, United States Code, is amended—
(1) in the chapter analysis, by striking the item relating
to section 30164 and inserting the following:
‘‘30164. Service of process; conditions on importation of vehicles and equipment.’’;
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and
(2) in section 30164—
(A) in the section heading, by adding ‘‘;
CONDITIONS
ON IMPORTATION OF VEHICLES AND EQUIPMENT’’ at the
end; and
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Coordination.
PUBLIC LAW 112–141—JULY 6, 2012
(B) by adding at the end the following:
‘‘(c) IDENTIFYING INFORMATION.—A manufacturer (including an
importer) offering a motor vehicle or motor vehicle equipment for
import shall provide, upon request, such information that is necessary to identify and track the products as the Secretary, by
rule, may specify, including—
‘‘(1) the product by name and the manufacturer’s address;
and
‘‘(2) each retailer or distributor to which the manufacturer
directly supplied motor vehicles or motor vehicle equipment
over which the Secretary has jurisdiction under this chapter.
‘‘(d) REGULATIONS ON THE IMPORT OF A MOTOR VEHICLE.—
The Secretary may issue regulations that—
‘‘(1) condition the import of a motor vehicle or motor vehicle
equipment on the manufacturer’s compliance with—
‘‘(A) the requirements under this section;
‘‘(B) paragraph (1) or (3) of section 30112(a) with
respect to such motor vehicle or motor vehicle equipment;
‘‘(C) the provision of reports and records required to
be maintained with respect to such motor vehicle or motor
vehicle equipment under this chapter;
‘‘(D) a request for inspection of premises, vehicle, or
equipment under section 30166;
‘‘(E) an order or voluntary agreement to remedy such
vehicle or equipment; or
‘‘(F) any rules implementing the requirements
described in this subsection;
‘‘(2) provide an opportunity for the manufacturer to present
information before the Secretary’s determination as to whether
the manufacturer’s imports should be restricted; and
‘‘(3) establish a process by which a manufacturer may petition for reinstatement of its ability to import motor vehicles
or motor vehicle equipment.
‘‘(e) EXCEPTION.—The requirements of subsections (c) and (d)
shall not apply to original manufacturers (or wholly owned subsidiaries) of motor vehicles that, prior to the date of enactment of
the Motor Vehicle and Highway Safety Improvement Act of 2012—
‘‘(1) have imported motor vehicles into the United States
that are certified to comply with all applicable Federal motor
vehicle safety standards;
‘‘(2) have submitted to the Secretary appropriate manufacturer identification information under part 566 of title 49, Code
of Federal Regulations; and
‘‘(3) if applicable, have identified a current agent for service
of process in accordance with part 551 of title 49, Code of
Federal Regulations.
‘‘(f) RULEMAKING.—In issuing regulations under this section,
the Secretary shall seek to reduce duplicative requirements by
coordinating with the Department of Homeland Security.’’.
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SEC. 31209. PORT INSPECTIONS; SAMPLES FOR EXAMINATION OR
TESTING.
Section 30166(c) of title 49, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘and’’ at the end;
(2) in paragraph (3)—
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(A) in subparagraph (A), by inserting ‘‘(including at
United States ports of entry)’’ after ‘‘held for introduction
in interstate commerce’’; and
(B) in subparagraph (D), by striking the period at
the end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(4) shall enter into a memorandum of understanding with
the Secretary of Homeland Security for inspections and sampling of motor vehicle equipment being offered for import to
determine compliance with this chapter or a regulation or order
issued under this chapter.’’.
Memorandum.
Subtitle C—Transparency and
Accountability
SEC. 31301. PUBLIC AVAILABILITY OF RECALL INFORMATION.
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(a) VEHICLE RECALL INFORMATION.—Not later than 1 year after
the date of enactment of this Act, the Secretary shall require
that motor vehicle safety recall information—
(1) be available to the public on the Internet;
(2) be searchable by vehicle make and model and vehicle
identification number;
(3) be in a format that preserves consumer privacy; and
(4) includes information about each recall that has not
been completed for each vehicle.
(b) RULEMAKING.—The Secretary may initiate a rulemaking
proceeding to require each manufacturer to provide the information
described in subsection (a), with respect to that manufacturer’s
motor vehicles, on a publicly accessible Internet website. Any rules
promulgated under this subsection—
(1) shall limit the information that must be made available
under this section to include only those recalls issued not
more than 15 years prior to the date of enactment of this
Act;
(2) may require information under paragraph (1) to be
provided to a dealer or an owner of a vehicle at no charge;
and
(3) shall permit a manufacturer a reasonable period of
time after receiving information from a dealer with respect
to a vehicle to update the information about the vehicle on
the publicly accessible Internet website.
(c) PROMOTION OF PUBLIC AWARENESS.—The Secretary, in consultation with the heads of other relevant agencies, shall promote
consumer awareness of the information made available to the public
pursuant to this section.
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49 USC 30166
note.
Deadline.
Web posting.
SEC. 31302. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
OUTREACH
TO
MANUFACTURER,
DEALER,
AND
MECHANIC PERSONNEL.
49 USC 30101
note.
The Secretary shall publicize the means for contacting the
National Highway Traffic Safety Administration in a manner that
targets mechanics, passenger motor vehicle dealership personnel,
and manufacturer personnel.
Publicity.
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PUBLIC LAW 112–141—JULY 6, 2012
SEC. 31303. PUBLIC AVAILABILITY OF COMMUNICATIONS TO DEALERS.
(a) INTERNET ACCESSIBILITY.—Section 30166(f) of title 49,
United States Code, is amended—
(1) by striking ‘‘A manufacturer shall give the Secretary
of Transportation’’ and inserting the following:
‘‘(1) IN GENERAL.—A manufacturer shall give the Secretary
of Transportation, and the Secretary shall make available on
a publicly accessible Internet website,’’; and
(2) by adding at the end the following:
‘‘(2) INDEX.—Communications required to be submitted to
the Secretary under this subsection shall be accompanied by
an index to each communication, that—
‘‘(A) identifies the make, model, and model year of
the affected vehicles;
‘‘(B) includes a concise summary of the subject matter
of the communication; and
‘‘(C) shall be made available by the Secretary to the
public on the Internet in a searchable format.’’.
SEC. 31304. CORPORATE RESPONSIBILITY FOR NATIONAL HIGHWAY
TRAFFIC SAFETY ADMINISTRATION REPORTS.
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Certification.
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(a) IN GENERAL.—Section 30166 of title 49, United States Code,
is amended by adding at the end the following:
‘‘(o) CORPORATE RESPONSIBILITY FOR REPORTS.—
‘‘(1) IN GENERAL.—The Secretary may promulgate rules
requiring a senior official responsible for safety in any company
submitting information to the Secretary in response to a request
for information in a safety defect or compliance investigation
under this chapter to certify that—
‘‘(A) the signing official has reviewed the submission;
and
‘‘(B) based on the official’s knowledge, the submission
does not—
‘‘(i) contain any untrue statement of a material
fact; or
‘‘(ii) omit to state a material fact necessary in
order to make the statements made not misleading,
in light of the circumstances under which such statements were made.
‘‘(2) NOTICE.—The certification requirements of this section
shall be clearly stated on any request for information under
paragraph (1).’’.
(b) CIVIL PENALTY.—Section 30165(a) of title 49, United States
Code, is amended—
(1) in paragraph (3), by striking ‘‘A person’’ and inserting
‘‘Except as provided in paragraph (4), a person’’; and
(2) by adding at the end the following:
‘‘(4) FALSE OR MISLEADING REPORTS.—A person who knowingly and willfully submits materially false or misleading
information to the Secretary, after certifying the same information as accurate under the certification process established
pursuant to section 30166(o), shall be subject to a civil penalty
of not more than $5,000 per day. The maximum penalty under
this paragraph for a related series of daily violations is
$1,000,000.’’.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 765
SEC. 31305. PASSENGER MOTOR VEHICLE INFORMATION PROGRAM.
(a) DEFINITION.—Section 32301 of title 49, United States Code,
is amended—
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(2) by inserting before paragraph (2), as redesignated, the
following:
‘‘(1) ‘crash avoidance’ means preventing or mitigating a
crash;’’; and
(3) in paragraph (2), as redesignated, by striking the period
at the end and inserting ‘‘; and’’.
(b) INFORMATION INCLUDED.—Section 32302(a) of title 49,
United States Code, is amended—
(1) in paragraph (2), by inserting ‘‘, crash avoidance, and
any other areas the Secretary determines will improve the
safety of passenger motor vehicles’’ after ‘‘crashworthiness’’;
and
(2) by striking paragraph (4).
SEC. 31306. PROMOTION OF VEHICLE DEFECT REPORTING.
Section 32302 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(d) MOTOR VEHICLE DEFECT REPORTING INFORMATION.—
‘‘(1) RULEMAKING REQUIRED.—Not later than 1 year after
the date of enactment of the Motor Vehicle and Highway Safety
Improvement Act of 2012, the Secretary shall prescribe regulations that require passenger motor vehicle manufacturers—
‘‘(A) to affix, in the glove compartment or in another
readily accessible location on the vehicle, a sticker, decal,
or other device that provides, in simple and understandable
language, information about how to submit a safety-related
motor vehicle defect complaint to the National Highway
Traffic Safety Administration;
‘‘(B) to prominently print the information described
in subparagraph (A) within the owner’s manual; and
‘‘(C) to not place such information on the label required
under section 3 of the Automobile Information Disclosure
Act (15 U.S.C. 1232).
‘‘(2) APPLICATION.—The requirements under paragraph (1)
shall apply to passenger motor vehicles manufactured in any
model year beginning more than 1 year after the date on
which a final rule is published under paragraph (1).’’.
Applicability.
SEC. 31307. WHISTLEBLOWER PROTECTIONS FOR MOTOR VEHICLE
MANUFACTURERS, PART SUPPLIERS, AND DEALERSHIP
EMPLOYEES.
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(a) IN GENERAL.—Subchapter IV of chapter 301 of title 49,
United States Code, is amended by adding at the end the following:
‘‘§ 30171. Protection of employees providing motor vehicle
safety information
‘‘(a) DISCRIMINATION AGAINST EMPLOYEES OF MANUFACTURERS,
PART SUPPLIERS, AND DEALERSHIPS.—No motor vehicle manufacturer, part supplier, or dealership may discharge an employee or
otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because
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Deadlines.
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Notifications.
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PUBLIC LAW 112–141—JULY 6, 2012
the employee (or any person acting pursuant to a request of the
employee)—
‘‘(1) provided, caused to be provided, or is about to provide
(with any knowledge of the employer) or cause to be provided
to the employer or the Secretary of Transportation information
relating to any motor vehicle defect, noncompliance, or any
violation or alleged violation of any notification or reporting
requirement of this chapter;
‘‘(2) has filed, caused to be filed, or is about to file (with
any knowledge of the employer) or cause to be filed a proceeding
relating to any violation or alleged violation of any motor vehicle
defect, noncompliance, or any violation or alleged violation of
any notification or reporting requirement of this chapter;
‘‘(3) testified or is about to testify in such a proceeding;
‘‘(4) assisted or participated or is about to assist or participate in such a proceeding; or
‘‘(5) objected to, or refused to participate in, any activity
that the employee reasonably believed to be in violation of
any provision of chapter 301 of this title, or any order, rule,
regulation, standard, or ban under such provision.
‘‘(b) COMPLAINT PROCEDURE.—
‘‘(1) FILING AND NOTIFICATION.—A person who believes that
he or she has been discharged or otherwise discriminated
against by any person in violation of subsection (a) may file
(or have any person file on his or her behalf), not later than
180 days after the date on which such violation occurs, a
complaint with the Secretary of Labor (hereinafter in this section referred to as the ‘Secretary’) alleging such discharge or
discrimination. Upon receipt of such a complaint, the Secretary
shall notify, in writing, the person named in the complaint
of the filing of the complaint, of the allegations contained in
the complaint, of the substance of evidence supporting the
complaint, and of the opportunities that will be afforded to
such person under paragraph (2).
‘‘(2) INVESTIGATION; PRELIMINARY ORDER.—
‘‘(A) IN GENERAL.—Not later than 60 days after the
date of receipt of a complaint filed under paragraph (1)
and after affording the person named in the complaint
an opportunity to submit to the Secretary a written
response to the complaint and an opportunity to meet
with a representative of the Secretary to present statements from witnesses, the Secretary shall conduct an investigation and determine whether there is reasonable cause
to believe that the complaint has merit and notify, in
writing, the complainant and the person alleged to have
committed a violation of subsection (a) of the Secretary’s
findings. If the Secretary concludes that there is a reasonable cause to believe that a violation of subsection (a)
has occurred, the Secretary shall accompany the Secretary’s
findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Not later than 30 days after
the date of notification of findings under this paragraph,
either the person alleged to have committed the violation
or the complainant may file objections to the findings or
preliminary order, or both, and request a hearing on the
record. The filing of such objections shall not operate to
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 767
stay any reinstatement remedy contained in the preliminary order. Such hearings shall be conducted expeditiously.
If a hearing is not requested in such 30-day period, the
preliminary order shall be deemed a final order that is
not subject to judicial review.
‘‘(B) REQUIREMENTS.—
‘‘(i) REQUIRED SHOWING BY COMPLAINANT.—The
Secretary shall dismiss a complaint filed under this
subsection and shall not conduct an investigation
otherwise required under subparagraph (A) unless the
complainant makes a prima facie showing that any
behavior described in paragraphs (1) through (5) of
subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.
‘‘(ii) SHOWING BY EMPLOYER.—Notwithstanding a
finding by the Secretary that the complainant has
made the showing required under clause (i), no investigation otherwise required under subparagraph (A)
shall be conducted if the employer demonstrates, by
clear and convincing evidence, that the employer would
have taken the same unfavorable personnel action in
the absence of that behavior.
‘‘(iii) CRITERIA FOR DETERMINATION BY SECRETARY.—The Secretary may determine that a violation
of subsection (a) has occurred only if the complainant
demonstrates that any behavior described in paragraphs (1) through (5) of subsection (a) was a contributing factor in the unfavorable personnel action alleged
in the complaint.
‘‘(iv) PROHIBITION.—Relief may not be ordered
under subparagraph (A) if the employer demonstrates,
by clear and convincing evidence, that the employer
would have taken the same unfavorable personnel
action in the absence of that behavior.
‘‘(3) FINAL ORDER.—
‘‘(A) DEADLINE FOR ISSUANCE; SETTLEMENT AGREEMENTS.—Not later than 120 days after the date of conclusion of a hearing under paragraph (2), the Secretary shall
issue a final order providing the relief prescribed by this
paragraph or denying the complaint. At any time before
issuance of a final order, a proceeding under this subsection
may be terminated on the basis of a settlement agreement
entered into by the Secretary, the complainant, and the
person alleged to have committed the violation.
‘‘(B) REMEDY.—If, in response to a complaint filed
under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary shall
order the person who committed such violation—
‘‘(i) to take affirmative action to abate the violation;
‘‘(ii) to reinstate the complainant to his or her
former position together with the compensation
(including back pay) and restore the terms, conditions,
and privileges associated with his or her employment;
and
‘‘(iii) to provide compensatory damages to the
complainant.
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‘‘(C) ATTORNEYS’ FEES.—If such an order is issued
under this paragraph, the Secretary, at the request of
the complainant, shall assess against the person against
whom the order is issued a sum equal to the aggregate
amount of all costs and expenses (including attorneys’ and
expert witness fees) reasonably incurred, as determined
by the Secretary, by the complainant for, or in connection
with, bringing the complaint upon which the order was
issued.
‘‘(D) FRIVOLOUS COMPLAINTS.—If the Secretary determines that a complaint under paragraph (1) is frivolous
or has been brought in bad faith, the Secretary may award
to the prevailing employer a reasonable attorney’s fee not
exceeding $1,000.
‘‘(E) DE NOVO REVIEW.—With respect to a complaint
under paragraph (1), if the Secretary has not issued a
final decision within 210 days after the filing of the complaint and if the delay is not due to the bad faith of
the employee, the employee may bring an original action
at law or equity for de novo review in the appropriate
district court of the United States, which shall have jurisdiction over such an action without regard to the amount
in controversy, and which action shall, at the request of
either party to the action, be tried by the court with a
jury. The action shall be governed by the same legal burdens of proof specified in paragraph (2)(B) for review by
the Secretary.
‘‘(4) REVIEW.—
‘‘(A) APPEAL TO COURT OF APPEALS.—Any person
adversely affected or aggrieved by an order issued under
paragraph (3) may obtain review of the order in the United
States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly
occurred or the circuit in which the complainant resided
on the date of such violation. The petition for review shall
be filed not later than 60 days after the date of the issuance
of the final order of the Secretary. Review shall conform
to chapter 7 of title 5. The commencement of proceedings
under this subparagraph shall not, unless ordered by the
court, operate as a stay of the order.
‘‘(B) LIMITATION ON COLLATERAL ATTACK.—An order
of the Secretary with respect to which review could have
been obtained under subparagraph (A) shall not be subject
to judicial review in any criminal or other civil proceeding.
‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY.—Whenever
any person fails to comply with an order issued under paragraph (3), the Secretary may file a civil action in the United
States district court for the district in which the violation
was found to occur to enforce such order. In actions brought
under this paragraph, the district courts shall have jurisdiction
to grant all appropriate relief, including injunctive relief and
compensatory damages.
‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.—
‘‘(A) COMMENCEMENT OF ACTION.—A person on whose
behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such
order was issued to require compliance with such order.
Deadline.
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The appropriate United States district court shall have
jurisdiction, without regard to the amount in controversy
or the citizenship of the parties, to enforce such order.
‘‘(B) ATTORNEY FEES.—The court, in issuing any final
order under this paragraph, may award costs of litigation
(including reasonable attorney and expert witness fees)
to any party whenever the court determines such award
is appropriate.
‘‘(c) MANDAMUS.—Any nondiscretionary duty imposed under
this section shall be enforceable in a mandamus proceeding brought
under section 1361 of title 28.
‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLATIONS.—Subsection (a) shall not apply with respect to an employee of a motor
vehicle manufacturer, part supplier, or dealership who, acting without direction from such motor vehicle manufacturer, part supplier,
or dealership (or such person’s agent), deliberately causes a violation
of any requirement relating to motor vehicle safety under this
chapter.’’.
(b) GOVERNMENT ACCOUNTABILITY OFFICE REPORT.—Not later
than 2 years after the date of enactment of this Act, the Comptroller
General of the United States shall—
(1) conduct a study of the whistleblower protections established by law with respect to this program, and update its
study of other such programs administered by the Secretary
of Transportation; and
(2) submit to Congress a report of the results of the study
under paragraph (1), including—
(A) an identification of the differences between the
provisions applicable to different programs, the number
of claims brought pursuant to each provision, and the outcome of each claim; and
(B) any recommendations for program changes that
the Comptroller General considers appropriate based on
the study under paragraph (1).
(c) CONFORMING AMENDMENT.—The table of sections for chapter
301 of title 49, United States Code, is amended by inserting after
the item relating to section 30170 the following:
Study.
‘‘30171. Protection of employees providing motor vehicle safety information.’’.
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SEC. 31308. ANTI-REVOLVING DOOR.
(a) STUDY OF DEPARTMENT OF TRANSPORTATION POLICIES ON
OFFICIAL COMMUNICATION WITH FORMER MOTOR VEHICLE SAFETY
ISSUE EMPLOYEES.—Not later than 1 year after the date of enactment of this Act, the Inspector General of the Department of
Transportation shall—
(1) review the Department of Transportation’s policies and
procedures applicable to official communication with former
employees concerning motor vehicle safety compliance matters
for which they had responsibility during the last 12 months
of their tenure at the Department, including any limitations
on the ability of such employees to submit comments, or otherwise communicate directly with the Department, on motor
vehicle safety issues; and
(2) submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives that contains
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the Inspector General’s findings, conclusions, and recommendations for strengthening those policies and procedures to minimize the risk of undue influence without compromising the
ability of the Department to employ and retain highly qualified
individuals for such responsibilities.
(b) POST-EMPLOYMENT POLICY STUDY.—
(1) IN GENERAL.—The Inspector General of the Department
of Transportation shall conduct a study of the Department’s
policies relating to post-employment restrictions on employees
who perform functions related to transportation safety.
(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Inspector General shall submit a report
containing the results of the study conducted under paragraph
(1) to—
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives; and
(C) the Secretary of Transportation.
(3) USE OF RESULTS.—The Secretary of Transportation shall
review the results of the study conducted under paragraph
(1) and take whatever action the Secretary determines to be
appropriate.
49 USC 323 note.
Review.
SEC. 31309. STUDY OF CRASH DATA COLLECTION.
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Deadline.
Reports.
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(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives regarding the quality of data collected through
the National Automotive Sampling System, including the Special
Crash Investigations Program.
(b) REVIEW.—The Administrator of the National Highway
Traffic Safety Administration (referred to in this section as the
‘‘Administration’’) shall conduct a comprehensive review of the data
elements collected from each crash to determine if additional data
should be collected. The review under this subsection shall include
input from interested parties, including suppliers, automakers,
safety advocates, the medical community, and research organizations.
(c) CONTENTS.—The report issued under this section shall
include—
(1) the analysis and conclusions the Administration can
reach from the amount of motor vehicle crash data collected
in a given year;
(2) the additional analysis and conclusions the Administration could reach if more crash investigations were conducted
each year;
(3) the number of investigations per year that would allow
for optimal data analysis and crash information;
(4) the results of the comprehensive review conducted
pursuant to subsection (b);
(5) the incremental costs of collecting and analyzing additional data, as well as data from additional crashes;
(6) the potential for obtaining private funding for all or
a portion of the costs under paragraph (5);
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(7) the potential for recovering any additional costs from
high volume users of the data, while continuing to make the
data available to the general public free of charge;
(8) the advantages or disadvantages of expanding collection
of non-crash data instead of crash data;
(9) recommendations for improvements to the Administration’s data collection program; and
(10) the resources needed by the Administration to implement such recommendations.
SEC. 31310. UPDATE MEANS OF PROVIDING NOTIFICATION; IMPROVING
EFFICACY OF RECALLS.
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(a) UPDATE OF MEANS OF PROVIDING NOTIFICATION.—Section
30119(d) of title 49, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘by first class mail’’ and
inserting ‘‘in the manner prescribed by the Secretary, by regulation’’;
(2) in paragraph (2)—
(A) by striking ‘‘(except a tire) shall be sent by first
class mail’’ and inserting ‘‘shall be sent in the manner
prescribed by the Secretary, by regulation,’’; and
(B) by striking the second sentence;
(3) in paragraph (3)—
(A) by striking the first sentence;
(B) by inserting ‘‘to the notification required under
paragraphs (1) and (2)’’ after ‘‘addition’’; and
(C) by inserting ‘‘by the manufacturer’’ after ‘‘given’’;
and
(4) in paragraph (4), by striking ‘‘by certified mail or quicker
means if available’’ and inserting ‘‘in the manner prescribed
by the Secretary, by regulation’’.
(b) IMPROVING EFFICACY OF RECALLS.—Section 30119(e) of title
49, United States Code, is amended—
(1) in the subsection heading, by striking ‘‘SECOND’’ and
inserting ‘‘ADDITIONAL’’;
(2) by striking ‘‘If the Secretary’’ and inserting the following:
‘‘(1) SECOND NOTIFICATION.—If the Secretary’’; and
(3) by adding at the end the following:
‘‘(2) ADDITIONAL NOTIFICATIONS.—If the Secretary determines, after taking into account the severity of the defect
or noncompliance, that the second notification by a manufacturer does not result in an adequate number of motor vehicles
or items of replacement equipment being returned for remedy,
the Secretary may order the manufacturer—
‘‘(A)(i) to send additional notifications in the manner
prescribed by the Secretary, by regulation; or
‘‘(ii) to take additional steps to locate and notify each
person registered under State law as the owner or lessee
or the most recent purchaser or lessee, as appropriate;
and
‘‘(B) to emphasize the magnitude of the safety risk
caused by the defect or noncompliance in such notification.’’.
SEC. 31311. EXPANDING CHOICES OF REMEDY AVAILABLE TO MANUFACTURERS OF REPLACEMENT EQUIPMENT.
Section 30120 of title 49, United States Code, is amended—
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PUBLIC LAW 112–141—JULY 6, 2012
(1) in subsection (a)(1), by amending subparagraph (B)
to read as follows:
‘‘(B) if replacement equipment, by repairing the equipment, replacing the equipment with identical or reasonably
equivalent equipment, or by refunding the purchase price.’’;
(2) in the heading of subsection (i), by adding ‘‘OF NEW
VEHICLES OR EQUIPMENT’’ at the end; and
(3) in the heading of subsection (j), by striking ‘‘REPLACED’’
and inserting ‘‘REPLACEMENT’’.
SEC. 31312. RECALL OBLIGATIONS AND BANKRUPTCY OF MANUFACTURER.
(a) IN GENERAL.—Chapter 301 of title 49, United States Code,
is amended by inserting the following after section 30120:
‘‘§ 30120A. Recall obligations and bankruptcy of a manufacturer
‘‘A manufacturer’s filing of a petition in bankruptcy under
chapter 11 of title 11, does not negate the manufacturer’s duty
to comply with section 30112 or sections 30115 through 30120
of this title. In any bankruptcy proceeding, the manufacturer’s
obligations under such sections shall be treated as a claim of
the United States Government against such manufacturer, subject
to subchapter II of chapter 37 of title 31, United States Code,
and given priority pursuant to section 3713(a)(1)(A) of such chapter,
notwithstanding section 3713(a)(2), to ensure that consumers are
adequately protected from any safety defect or noncompliance determined to exist in the manufacturer’s products. This section shall
apply equally to actions of a manufacturer taken before or after
the filing of a petition in bankruptcy.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis of chapter
301 of title 49, United States Code, is amended by inserting after
the item relating to section 30120 the following:
Applicability.
‘‘30120A. Recall obligations and bankruptcy of a manufacturer.’’.
SEC. 31313. REPEAL OF INSURANCE REPORTS AND INFORMATION
PROVISION.
Chapter 331 of title 49, United States Code, is amended—
(1) in the chapter analysis, by striking the item relating
to section 33112; and
(2) by striking section 33112.
SEC. 31314. MONRONEY STICKER TO PERMIT ADDITIONAL SAFETY
RATING CATEGORIES.
Section 3(g)(2) of the Automobile Information Disclosure Act
(15 U.S.C. 1232(g)(2)), is amended by inserting ‘‘safety rating categories that may include’’ after ‘‘refers to’’.
Subtitle D—Vehicle Electronics and Safety
Standards
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49 USC 105 note.
SEC. 31401. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
ELECTRONICS, SOFTWARE, AND ENGINEERING EXPERTISE.
Establishment.
AND
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(a) COUNCIL FOR VEHICLE ELECTRONICS, VEHICLE SOFTWARE,
EMERGING TECHNOLOGIES.—
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(1) IN GENERAL.—The Secretary shall establish, within the
National Highway Traffic Safety Administration, a Council for
Vehicle Electronics, Vehicle Software, and Emerging Technologies (referred to in this section as the ‘‘Council’’) to build,
integrate, and aggregate the Administration’s expertise in passenger motor vehicle electronics and other new and emerging
technologies.
(2) IMPLEMENTATION OF ROADMAP.—The Council shall
research the inclusion of emerging lightweight plastic and composite technologies in motor vehicles to increase fuel efficiency,
lower emissions, meet fuel economy standards, and enhance
passenger motor vehicle safety through continued utilization
of the Administration’s Plastic and Composite Intensive Vehicle
Safety Roadmap (Report No. DOT HS 810 863).
(3) INTRA-AGENCY COORDINATION.—The Council shall
coordinate with all components of the Administration responsible for vehicle safety, including research and development,
rulemaking, and defects investigation.
(b) HONORS RECRUITMENT PROGRAM.—
(1) ESTABLISHMENT.—The Secretary shall establish, within
the National Highway Traffic Safety Administration, an honors
program for engineering students, computer science students,
and other students interested in vehicle safety that will enable
such students to train with engineers and other safety officials
for careers in vehicle safety.
(2) STIPEND.—The Secretary is authorized to provide a
stipend to any student during the student’s participation in
the program established under paragraph (1).
(c) ASSESSMENT.—The Council, in consultation with affected
stakeholders, shall periodically assess the implications of emerging
safety technologies in passenger motor vehicles, including the effect
of such technologies on consumers, product availability, and cost.
SEC. 31402. ELECTRONIC SYSTEMS PERFORMANCE.
(a) IN GENERAL.—Not later than 2 years after the date of
enactment of this Act, the Secretary shall complete an examination
of the need for safety standards with regard to electronic systems
in passenger motor vehicles. In conducting this examination, the
Secretary shall—
(1) consider the electronic components, the interaction of
electronic components, the security needs for those electronic
systems to prevent unauthorized access, and the effect of surrounding environments on the electronic systems; and
(2) allow for public comment.
(b) REPORT.—Upon completion of the examination under subsection (a), the Secretary shall submit a report on the highest
priority areas for safety with regard to the electronic systems to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House
of Representatives.
Deadline.
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Subtitle E—Child Safety Standards
SEC. 31501. CHILD SAFETY SEATS.
(a) SIDE IMPACT CRASHES.—Not later than 2 years after the
date of enactment of this Act, the Secretary shall issue a final
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Regulations.
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rule amending Federal Motor Vehicle Safety Standard Number
213 to improve the protection of children seated in child restraint
systems during side impact crashes.
(b) FRONTAL IMPACT TEST PARAMETERS.—
(1) COMMENCEMENT.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall commence a rulemaking proceeding to amend the standard seat assembly specifications under Federal Motor Vehicle Safety Standard Number
213 to better simulate a single representative motor vehicle
rear seat.
(2) FINAL RULE.—Not later than 4 years after the date
of enactment of this Act, the Secretary shall issue a final
rule pursuant to paragraph (1).
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Deadlines.
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Deadlines.
49 USC 30127
note.
SEC. 31502. CHILD RESTRAINT ANCHORAGE SYSTEMS.
Deadlines.
49 USC 30127
note.
SEC. 31503. REAR SEAT BELT REMINDERS.
09:52 Sep 13, 2012
(a) INITIATION OF RULEMAKING PROCEEDING.—Not later than
1 year after the date of enactment of this Act, the Secretary shall
initiate a rulemaking proceeding to amend Federal Motor Vehicle
Safety Standard Number 225 (relating to child restraint anchorage
systems) to improve the ease of use for lower anchorages and
tethers in all rear seat seating positions if such anchorages and
tethers are feasible.
(b) FINAL RULE.—
(1) IN GENERAL.—Except as provided under paragraph (2)
and section 31505, the Secretary shall issue a final rule under
subsection (a) not later than 3 years after the date of enactment
of this Act.
(2) REPORT.—If the Secretary determines that an amendment to the standard referred to in subsection (a) does not
meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States
Code, the Secretary shall submit a report describing the reasons
for not prescribing such a standard to—
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Energy and Commerce of the
House of Representatives.
(a) INITIATION OF RULEMAKING PROCEEDING.—Not later than
2 years after the date of enactment of this Act, the Secretary
shall initiate a rulemaking proceeding to amend Federal Motor
Vehicle Safety Standard Number 208 (relating to occupant crash
protection) to provide a safety belt use warning system for designated seating positions in the rear seat.
(b) FINAL RULE.—
(1) IN GENERAL.—Except as provided under paragraph (2)
and section 31505, the Secretary shall issue a final rule under
subsection (a) not later than 3 years after the date of enactment
of this Act.
(2) REPORT.—If the Secretary determines that an amendment to the standard referred to in subsection (a) does not
meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States
Code, the Secretary shall submit a report describing the reasons
for not prescribing such a standard to—
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
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(B) the Committee on Energy and Commerce of the
House of Representatives.
SEC. 31504. UNATTENDED PASSENGER REMINDERS.
(a) SAFETY RESEARCH INITIATIVE.—The Secretary may initiate
research into effective ways to minimize the risk of hyperthermia
or hypothermia to children or other unattended passengers in rear
seating positions.
(b) RESEARCH AREAS.—In carrying out subsection (a), the Secretary may conduct research into the potential viability of—
(1) vehicle technology to provide an alert that a child or
unattended passenger remains in a rear seating position after
the vehicle motor is disengaged; or
(2) public awareness campaigns to educate drivers on the
risks of leaving a child or unattended passenger in a vehicle
after the vehicle motor is disengaged; or
(3) other ways to mitigate risk.
(c) COORDINATION WITH OTHER AGENCIES.—The Secretary may
collaborate with other Federal agencies in conducting the research
under this section.
SEC. 31505. NEW DEADLINE.
If the Secretary determines that any deadline for issuing a
final rule under this Act cannot be met, the Secretary shall—
(1) provide the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives with an explanation for why such deadline cannot be met; and
(2) establish a new deadline for that rule.
49 USC 30111
note.
49 USC 30127
note.
Subtitle F—Improved Daytime and Nighttime Visibility of Agricultural Equipment
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SEC. 31601. RULEMAKING ON VISIBILITY OF AGRICULTURAL EQUIPMENT.
(a) DEFINITIONS.—In this section:
(1) AGRICULTURAL EQUIPMENT.—The term ‘‘agricultural
equipment’’ has the meaning given the term ‘‘agricultural field
equipment’’ in ASABE Standard 390.4, entitled ‘‘Definitions
and Classifications of Agricultural Field Equipment’’, which
was published in January 2005 by the American Society of
Agriculture and Biological Engineers, or any successor
standard.
(2) PUBLIC ROAD.—The term ‘‘public road’’ has the meaning
given the term in section 101(a)(27) of title 23, United States
Code.
(b) RULEMAKING.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Secretary of Transportation, after
consultation with representatives of the American Society of
Agricultural and Biological Engineers and appropriate Federal
agencies, and with other appropriate persons, shall promulgate
a rule to improve the daytime and nighttime visibility of agricultural equipment that may be operated on a public road.
(2) MINIMUM STANDARDS.—The rule promulgated pursuant
to this subsection shall—
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(A) establish minimum lighting and marking standards
for applicable agricultural equipment manufactured at least
1 year after the date on which such rule is promulgated;
and
(B) provide for the methods, materials, specifications,
and equipment to be employed to comply with such standards, which shall be equivalent to ASABE Standard 279.14,
entitled ‘‘Lighting and Marking of Agricultural Equipment
on Highways’’, which was published in July 2008 by the
American Society of Agricultural and Biological Engineers,
or any successor standard.
(c) REVIEW.—Not less frequently than once every 5 years, the
Secretary of Transportation shall—
(1) review the standards established pursuant to subsection
(b); and
(2) revise such standards to reflect the revision of ASABE
Standard 279 that is in effect at the time of such review.
(d) LIMITATIONS.—
(1) COMPLIANCE WITH SUCCESSOR STANDARDS.—Any rule
promulgated pursuant to this section may not prohibit the
operation on public roads of agricultural equipment that is
equipped in accordance with any adopted revision of ASABE
Standard 279 that is later than the revision of such standard
that was referenced during the promulgation of the rule.
(2) NO RETROFITTING REQUIRED.—Any rule promulgated
pursuant to this section may not require the retrofitting of
agricultural equipment that was manufactured before the date
on which the lighting and marking standards are enforceable
under subsection (b)(2)(A).
(3) NO EFFECT ON ADDITIONAL MATERIALS AND EQUIPMENT.—Any rule promulgated pursuant to this section may
not prohibit the operation on public roads of agricultural equipment that is equipped with materials or equipment that are
in addition to the minimum materials and equipment specified
in the standard upon which such rule is based.
Time period.
TITLE II—COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF
2012
Commercial
Motor Vehicle
Safety
Enhancement
Act of 2012.
49 USC 30101
note.
SEC. 32001. SHORT TITLE.
This title may be cited as the ‘‘Commercial Motor Vehicle
Safety Enhancement Act of 2012’’.
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SEC. 32002. REFERENCES TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this title
an amendment or repeal is expressed in terms of an amendment
to, or a repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of title
49, United States Code.
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126 STAT. 777
Subtitle A—Commercial Motor Vehicle
Registration
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SEC. 32101. REGISTRATION OF MOTOR CARRIERS.
(a) REGISTRATION REQUIREMENTS.—Section 13902(a)(1) is
amended to read as follows:
‘‘(1) IN GENERAL.—Except as otherwise provided in this
section, the Secretary of Transportation shall register a person
to provide transportation subject to jurisdiction under subchapter I of chapter 135 as a motor carrier only if the Secretary
determines that the person—
‘‘(A) is willing and able to comply with—
‘‘(i) this part and the applicable regulations of the
Secretary and the Board;
‘‘(ii) any safety regulations imposed by the Secretary;
‘‘(iii) the duties of employers and employees established by the Secretary under section 31135;
‘‘(iv) the safety fitness requirements established
by the Secretary under section 31144;
‘‘(v) the accessibility requirements established by
the Secretary under subpart H of part 37 of title 49,
Code of Federal Regulations (or successor regulations),
for transportation provided by an over-the-road bus;
and
‘‘(vi) the minimum financial responsibility requirements established by the Secretary under sections
13906, 31138, and 31139;
‘‘(B) has been issued a USDOT number under section
31134;
‘‘(C) has disclosed any relationship involving common
ownership, common management, common control, or
common familial relationship between that person and any
other motor carrier, freight forwarder, or broker, or any
other applicant for motor carrier, freight forwarder, or
broker registration, if the relationship occurred in the 3year period preceding the date of the filing of the application for registration; and
‘‘(D) after the Secretary establishes a written proficiency examination pursuant to section 32101(b) of the
Commercial Motor Vehicle Safety Enhancement Act of
2012, has passed the written proficiency examination.’’.
(b) WRITTEN PROFICIENCY EXAMINATION.—
Not later than 18 months after the date of enactment
of this Act, the Secretary shall establish through a rulemaking
a written proficiency examination for applicant motor carriers
pursuant to section 13902(a)(1)(D) of title 49, United States
Code. The written proficiency examination shall test a person’s
knowledge of applicable safety regulations, standards, and
orders of the Federal government.
(c) CONFORMING AMENDMENT.—Section 210(b) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31144 note) is
amended—
(1) by inserting ‘‘, commercial regulations, and provisions
of subpart H of part 37 of title 49, Code of Federal Regulations,
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or successor regulations’’ after ‘‘applicable safety regulations’’;
and
(2) by striking ‘‘consider the establishment of’’ and inserting
‘‘establish’’.
(d) TRANSPORTATION OF AGRICULTURAL COMMODITIES AND FARM
SUPPLIES.—Section 229(a)(1) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31136 note) is amended to read as
follows:
‘‘(1) TRANSPORTATION OF AGRICULTURAL COMMODITIES AND
FARM SUPPLIES.—Regulations prescribed by the Secretary under
sections 31136 and 31502 regarding maximum driving and
on-duty time for drivers used by motor carriers shall not apply
during planting and harvest periods, as determined by each
State, to—
‘‘(A) drivers transporting agricultural commodities from
the source of the agricultural commodities to a location
within a 150 air-mile radius from the source;
‘‘(B) drivers transporting farm supplies for agricultural
purposes from a wholesale or retail distribution point of
the farm supplies to a farm or other location where the
farm supplies are intended to be used within a 150 airmile radius from the distribution point; or
‘‘(C) drivers transporting farm supplies for agricultural
purposes from a wholesale distribution point of the farm
supplies to a retail distribution point of the farm supplies
within a 150 air-mile radius from the wholesale distribution
point.’’.
SEC. 32102. SAFETY FITNESS OF NEW OPERATORS.
Regulations.
Deadlines.
49 USC 31144
note.
(a) SAFETY REVIEWS OF NEW OPERATORS.—Section 31144(g)(1)
is amended to read as follows:
‘‘(1) SAFETY REVIEW.—
‘‘(A) IN GENERAL.—Except as provided under subparagraph (B), the Secretary shall require, by regulation, each
owner and each operator granted new registration under
section 13902 or 31134 to undergo a safety review not
later than 12 months after the owner or operator, as the
case may be, begins operations under such registration.
‘‘(B) PROVIDERS OF MOTORCOACH SERVICES.—The Secretary shall require, by regulation, each owner and each
operator granted new registration to transport passengers
under section 13902 or 31134 to undergo a safety review
not later than 120 days after the owner or operator, as
the case may be, begins operations under such registration.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect 1 year after the date of enactment of this
Act.
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SEC. 32103. REINCARNATED CARRIERS.
(a) EFFECTIVE PERIODS OF REGISTRATION.—
(1) SUSPENSIONS, AMENDMENTS, AND REVOCATIONS.—Section 13905(d) is amended—
(A) by redesignating paragraph (2) as paragraph (4);
(B) by striking paragraph (1) and inserting the following:
‘‘(1) APPLICATIONS.—On application of the registrant, the
Secretary may amend or revoke a registration.
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‘‘(2) COMPLAINTS AND ACTIONS ON SECRETARY’S OWN INITIAcomplaint or on the Secretary’s own initiative and
after notice and an opportunity for a proceeding, the Secretary
may—
‘‘(A) suspend, amend, or revoke any part of the registration of a motor carrier, broker, or freight forwarder for
willful failure to comply with—
‘‘(i) this part;
‘‘(ii) an applicable regulation or order of the Secretary or the Board, including the accessibility requirements established by the Secretary under subpart H
of part 37 of title 49, Code of Federal Regulations
(or successor regulations), for transportation provided
by an over-the-road bus; or
‘‘(iii) a condition of its registration;
‘‘(B) withhold, suspend, amend, or revoke any part
of the registration of a motor carrier, broker, or freight
forwarder for failure—
‘‘(i) to pay a civil penalty imposed under chapter
5, 51, 149, or 311;
‘‘(ii) to arrange and abide by an acceptable payment plan for such civil penalty, not later than 90
days after the date specified by order of the Secretary
for the payment of such penalty; or
‘‘(iii) for failure to obey a subpoena issued by the
Secretary;
‘‘(C) withhold, suspend, amend, or revoke any part
of a registration of a motor carrier, broker, or freight forwarder following a determination by the Secretary that
the motor carrier, broker, or freight forwarder failed to
disclose, in its application for registration, a material fact
relevant to its willingness and ability to comply with—
‘‘(i) this part;
‘‘(ii) an applicable regulation or order of the Secretary or the Board; or
‘‘(iii) a condition of its registration; or
‘‘(D) withhold, suspend, amend, or revoke any part
of a registration of a motor carrier, broker, or freight forwarder if the Secretary finds that—
‘‘(i) the motor carrier, broker, or freight forwarder
does not disclose any relationship through common
ownership, common management, common control, or
common familial relationship to any other motor carrier, broker, or freight forwarder, or any other
applicant for motor carrier, broker, or freight forwarder
registration that the Secretary determines is or was
unwilling or unable to comply with the relevant
requirements listed in section 13902, 13903, or 13904
‘‘(3) LIMITATION.—Paragraph (2)(B) shall not apply to a
person who is unable to pay a civil penalty because the person
is a debtor in a case under chapter 11 of title 11.’’; and
(C) in paragraph (4), as redesignated by section
32103(a)(1)(A) of this Act, by striking ‘‘paragraph (1)(B)’’
and inserting ‘‘paragraph (2)(B)’’.
(2) PROCEDURE.—Section 13905(e) is amended by inserting
‘‘or if the Secretary determines that the registrant failed to
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disclose a material fact in an application for registration in
accordance with subsection (d)(2)(C),’’ after ‘‘registrant,’’.
(b) INFORMATION SYSTEMS.—Section 31106(a)(3) is amended—
(1) in subparagraph (F), by striking ‘‘and’’ at the end;
(2) in subparagraph (G), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(H) determine whether a person or employer is or
was related, through common ownership, common management, common control, or common familial relationship,
to any other person, employer, or any other applicant for
registration under section 13902 or 31134.’’.
49 USC 13903
note.
Deadline.
Reports.
SEC. 32104. FINANCIAL RESPONSIBILITY REQUIREMENTS.
Not later than 6 months after the date of enactment of this
Act, and every 4 years thereafter, the Secretary shall—
(1) issue a report on the appropriateness of—
(A) the current minimum financial responsibility
requirements under sections 31138 and 31139 of title 49,
United States Code; and
(B) the current bond and insurance requirements under
sections 13904(f), 13903, and 13906 of title 49, United
States Code; and
(2) submit the report issued under paragraph (1) to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
SEC. 32105. USDOT NUMBER REGISTRATION REQUIREMENT.
(a) IN GENERAL.—Chapter 311 is amended by inserting after
section 31133 the following:
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‘‘§ 31134. Requirement for registration and USDOT number
‘‘(a) IN GENERAL.—Upon application, and subject to subsections
(b) and (c), the Secretary shall register an employer or person
subject to the safety jurisdiction of this subchapter. An employer
or person may operate a commercial motor vehicle in interstate
commerce only if the employer or person is registered by the Secretary under this section and receives a USDOT number. Nothing
in this section shall preclude registration by the Secretary of an
employer or person not engaged in interstate commerce. An
employer or person subject to jurisdiction under subchapter I of
chapter 135 of this title shall apply for commercial registration
under section 13902 of this title.
‘‘(b) WITHHOLDING REGISTRATION.—The Secretary shall register
an employer or person under subsection (a) only if the Secretary
determines that—
‘‘(1) the employer or person seeking registration is willing
and able to comply with the requirements of this subchapter
and the regulations prescribed thereunder and chapter 51 and
the regulations prescribed thereunder;
‘‘(2)(A) during the 3-year period before the date of the
filing of the application, the employer or person is not or
was not related through common ownership, common management, common control, or common familial relationship to any
other person or applicant for registration subject to this subchapter who, during such 3-year period, is or was unfit,
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unwilling, or unable to comply with the requirements listed
in subsection (b)(1); or
‘‘(3) the employer or person has disclosed to the Secretary
any relationship involving common ownership, common
management, common control, or common familial relationship
to any other person or applicant for registration subject to
this subchapter.
‘‘(c) REVOCATION OR SUSPENSION OF REGISTRATION.—The Secretary shall revoke the registration of an employer or person issued
under subsection (a) after notice and an opportunity for a proceeding, or suspend the registration after giving notice of the
suspension to the employer or person, if the Secretary determines
that—
‘‘(1) the employer’s or person’s authority to operate pursuant to chapter 139 of this title is subject to revocation or
suspension under sections 13905(d)(1) or 13905(f) of this title;
‘‘(2) the employer or person has knowingly failed to comply
with the requirements listed in subsection (b)(1);
‘‘(3) the employer or person has not disclosed any relationship through common ownership, common management,
common control, or common familial relationship to any other
person or applicant for registration subject to this subchapter
that the Secretary determines is or was unfit, unwilling, or
unable to comply with the requirements listed in subsection
(b)(1);
‘‘(4) the employer or person refused to submit to the safety
review required by section 31144(g) of this title.
‘‘(d) PERIODIC REGISTRATION UPDATE.—The Secretary may
require an employer to update a registration under this section
not later than 30 days after a change in the employer’s address,
other contact information, officers, process agent, or other essential
information, as determined by the Secretary.
‘‘(e) STATE AUTHORITY.—Nothing in this section shall be construed as affecting the authority of a State to issue a Department
of Transportation number under State law to a person operating
in intrastate commerce.’’.
(b) CONFORMING AMENDMENT.—The analysis of chapter 311
is amended by inserting after the item relating to section 31133
the following:
Notification.
Deadline.
‘‘31134. Requirement for registration and USDOT number.’’.
SEC. 32106. REGISTRATION FEE SYSTEM.
Section 13908(d)(1) is amended by striking ‘‘but shall not exceed
$300’’.
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SEC. 32107. REGISTRATION UPDATE.
(a) MOTOR CARRIER UPDATE.—Section 13902 is amended by
adding at the end the following:
‘‘(h) UPDATE OF REGISTRATION.—
‘‘(1) IN GENERAL.—The Secretary shall require a registrant
to update its registration under this section not later than
30 days after a change in the registrant’s address, other contact
information, officers, process agent, or other essential information, as determined by the Secretary.
‘‘(2) MOTOR CARRIERS OF PASSENGERS.—In addition to the
requirements of paragraph (1), the Secretary shall require a
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motor carrier of passengers to update its registration information, including numbers of vehicles, annual mileage, and
individuals responsible for compliance with Federal safety regulations quarterly for the first 2 years after being issued a
registration under this section.’’.
(b) FREIGHT FORWARDER UPDATE.—Section 13903 is amended
by adding at the end the following:
‘‘(c) UPDATE OF REGISTRATION.—The Secretary shall require
a freight forwarder to update its registration under this section
not later than 30 days after a change in the freight forwarder’s
address, other contact information, officers, process agent, or other
essential information, as determined by the Secretary.’’.
(c) BROKER UPDATE.—Section 13904 is amended by adding at
the end the following:
‘‘(e) UPDATE OF REGISTRATION.—The Secretary shall require
a broker to update its registration under this section not later
than 30 days after a change in the broker’s address, other contact
information, officers, process agent, or other essential information,
as determined by the Secretary.’’.
SEC. 32108. INCREASED PENALTIES FOR OPERATING WITHOUT REGISTRATION.
(a) PENALTIES.—Section 14901(a) is amended—
(1) by striking ‘‘$500’’ and inserting ‘‘$1,000’’;
(2) by striking ‘‘who is not registered under this part to
provide transportation of passengers,’’;
(3) by striking ‘‘with respect to providing transportation
of passengers,’’ and inserting ‘‘or section 13902(c) of this title,’’;
and
(4) by striking ‘‘$2,000 for each violation and each additional day the violation continues’’ and inserting ‘‘$10,000 for
each violation, or $25,000 for each violation relating to providing transportation of passengers’’.
(b) TRANSPORTATION OF HAZARDOUS WASTES.—Section 14901(b)
is amended by striking ‘‘not to exceed $20,000’’ and inserting ‘‘not
less than $20,000, but not to exceed $40,000’’.
SEC. 32109. REVOCATION OF REGISTRATION FOR IMMINENT HAZARD.
Section 13905(f)(2) is amended to read as follows:
‘‘(2) IMMINENT HAZARD TO PUBLIC HEALTH.—Notwithstanding subchapter II of chapter 5 of title 5, the Secretary
shall revoke the registration of a motor carrier if the Secretary
finds that the carrier is or was conducting unsafe operations
that are or were an imminent hazard to public health or property.’’.
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SEC. 32110. REVOCATION OF REGISTRATION AND OTHER PENALTIES
FOR FAILURE TO RESPOND TO SUBPOENA.
Section 525 is amended—
(1) by striking ‘‘subpenas’’ in the section heading and
inserting ‘‘subpoenas’’;
(2) by striking ‘‘subpena’’ and inserting ‘‘subpoena’’;
(3) by striking ‘‘$100’’ and inserting ‘‘$1,000’’;
(4) by striking ‘‘$5,000’’ and inserting ‘‘$10,000’’; and
(5) by adding at the end the following:
‘‘The Secretary may withhold, suspend, amend, or revoke any
part of the registration of a person required to register under
chapter 139 for failing to obey a subpoena or requirement of the
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Secretary under this chapter to appear and testify or produce
records.’’.
SEC. 32111. FLEETWIDE OUT OF SERVICE ORDER FOR OPERATING
WITHOUT REQUIRED REGISTRATION.
Section 13902(e)(1) is amended—
(1) by striking ‘‘motor vehicle’’ and inserting ‘‘motor carrier’’
after ‘‘the Secretary determines that a’’; and
(2) by striking ‘‘order the vehicle’’ and inserting ‘‘order
the motor carrier operations’’ after ‘‘the Secretary may’’.
SEC. 32112. MOTOR CARRIER AND OFFICER PATTERNS OF SAFETY VIOLATIONS.
Section 31135 is amended—
(1) by striking subsection (b) and inserting the following:
‘‘(b) NONCOMPLIANCE.—
‘‘(1) MOTOR CARRIERS.—Two or more motor carriers,
employers, or persons shall not use common ownership, common
management, common control, or common familial relationship
to enable any or all such motor carriers, employers, or persons
to avoid compliance, or mask or otherwise conceal non-compliance, or a history of non-compliance, with regulations prescribed
under this subchapter or an order of the Secretary issued
under this subchapter.
‘‘(2) PATTERN.—If the Secretary finds that a motor carrier,
employer, or person engaged in a pattern or practice of avoiding
compliance, or masking or otherwise concealing noncompliance,
with regulations prescribed under this subchapter, the Secretary—
‘‘(A) may withhold, suspend, amend, or revoke any
part of the motor carrier’s, employer’s, or person’s registration in accordance with section 13905 or 31134; and
‘‘(B) shall take into account such non-compliance for
purposes of determining civil penalty amounts under section 521(b)(2)(D).
‘‘(3) OFFICERS.—If the Secretary finds, after notice and
an opportunity for proceeding, that an officer of a motor carrier,
employer, or owner or operator has engaged in a pattern or
practice of, or assisted a motor carrier, employer, or owner
or operator in avoiding compliance, or masking or otherwise
concealing noncompliance, while serving as an officer or such
motor carrier, employer, or owner or operator, the Secretary
may suspend, amend, or revoke any part of a registration
granted to the officer individually under section 13902 or
31134.’’.
Subtitle B—Commercial Motor Vehicle
Safety
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SEC. 32201. CRASHWORTHINESS STANDARDS.
(a) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Secretary shall conduct a comprehensive analysis on the need for crashworthiness standards on propertycarrying commercial motor vehicles with a gross vehicle weight
rating or gross vehicle weight of at least 26,001 pounds involved
in interstate commerce, including an evaluation of the need for
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roof strength, pillar strength, air bags, and other occupant protections standards, and frontal and back wall standards.
(b) REPORT.—Not later than 90 days after completing the comprehensive analysis under subsection (a), the Secretary shall report
the results of the analysis and any 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. 32202. CANADIAN SAFETY RATING RECIPROCITY.
Section 31144 is amended by adding at the end the following:
‘‘(h) RECOGNITION OF CANADIAN MOTOR CARRIER SAFETY FITNESS DETERMINATIONS.—
‘‘(1) If an authorized agency of the Canadian federal government or a Canadian Territorial or Provincial government determines, by applying the procedure and standards prescribed
by the Secretary under subsection (b) or pursuant to an agreement under paragraph (2), that a Canadian employer is unfit
and prohibits the employer from operating a commercial motor
vehicle in Canada or any Canadian Province, the Secretary
may prohibit the employer from operating such vehicle in interstate and foreign commerce until the authorized Canadian
agency determines that the employer is fit.
‘‘(2) The Secretary may consult and participate in negotiations with authorized officials of the Canadian federal government or a Canadian Territorial or Provincial government, as
necessary, to provide reciprocal recognition of each country’s
motor carrier safety fitness determinations. An agreement shall
provide, to the maximum extent practicable, that each country
will follow the procedure and standards prescribed by the Secretary under subsection (b) in making motor carrier safety
fitness determinations.’’.
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SEC. 32203. STATE REPORTING OF FOREIGN COMMERCIAL DRIVER
CONVICTIONS.
(a) DEFINITION OF FOREIGN COMMERCIAL DRIVER.—Section
31301 is amended—
(1) by redesignating paragraphs (10) through (14) as paragraphs (11) through (15), respectively; and
(2) by inserting after paragraph (9) the following:
‘‘(10) ‘foreign commercial driver’ means an individual
licensed to operate a commercial motor vehicle by an authority
outside the United States, or a citizen of a foreign country
who operates a commercial motor vehicle in the United States.’’.
(b) STATE REPORTING OF CONVICTIONS.—Section 31311(a) is
amended by adding after paragraph (21) the following:
‘‘(22) The State shall report a conviction of a foreign
commercial driver by that State to the Federal Convictions
and Withdrawal Database, or another information system designated by the Secretary to record the convictions. A report
shall include—
‘‘(A) for a driver holding a foreign commercial driver’s
license—
‘‘(i) each conviction relating to the operation of
a commercial motor vehicle; and
‘‘(ii) each conviction relating to the operation of
a non-commercial motor vehicle; and
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‘‘(B) for an unlicensed driver or a driver holding a
foreign non-commercial driver’s license, each conviction
relating to the operation of a commercial motor vehicle.’’.
SEC. 32204. AUTHORITY TO DISQUALIFY FOREIGN COMMERCIAL
DRIVERS.
Section 31310 is amended by adding at the end the following:
‘‘(k) FOREIGN COMMERCIAL DRIVERS.—A foreign commercial
driver shall be subject to disqualification under this section.’’.
SEC. 32205. REVOCATION OF FOREIGN MOTOR CARRIER OPERATING
AUTHORITY FOR FAILURE TO PAY CIVIL PENALTIES.
Section 13905(d)(2), as amended by section 32103(a) of this
Act, is amended by inserting ‘‘foreign motor carrier, foreign motor
private carrier,’’ after ‘‘registration of a motor carrier,’’ each place
it appears.
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SEC. 32206. RENTAL TRUCK ACCIDENT STUDY.
(a) DEFINITIONS.—In this section:
(1) RENTAL TRUCK.—The term ‘‘rental truck’’ means a motor
vehicle with a gross vehicle weight rating of between 10,000
and 26,000 pounds that is made available for rental by a
rental truck company.
(2) RENTAL TRUCK COMPANY.—The term ‘‘rental truck company’’ means a person or company that is in the business
of renting or leasing rental trucks to the public or for private
use.
(b) STUDY.—
(1) IN GENERAL.—The Secretary shall conduct a study of
the safety of rental trucks during the 7-year period ending
on December 31, 2011.
(2) REQUIREMENTS.—The study conducted under paragraph
(1) shall—
(A) evaluate available data on the number of crashes,
fatalities, and injuries involving rental trucks and the cause
of such crashes, utilizing police accident reports and other
sources;
(B) estimate the property damage and costs resulting
from a subset of crashes involving rental truck operations,
which the Secretary believes adequately reflect all crashes
involving rental trucks;
(C) analyze State and local laws regulating rental truck
companies, including safety and inspection requirements;
(D) assess the rental truck maintenance programs of
a selection of small, medium, and large rental truck companies, as selected by the Secretary, including the frequency
of rental truck maintenance inspections, and compare such
programs with inspection requirements for passenger
vehicles and commercial motor vehicles;
(E) include any other information available regarding
the safety of rental trucks; and
(F) review any other information that the Secretary
determines to be appropriate.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives that contains—
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(1) the findings of the study conducted pursuant to subsection (b); and
(2) any recommendations for legislation that the Secretary
determines to be appropriate.
Subtitle C—Driver Safety
SEC. 32301. HOURS OF SERVICE STUDY AND ELECTRONIC LOGGING
DEVICES.
(a) HOURS OF SERVICE STUDY.—
(1) FIELD STUDY.—
(A) IN GENERAL.—Not later than March 31, 2013, the
Secretary shall complete a field study on the efficacy of
the restart rule published on December 27, 2011 (in this
section referred to as the ‘‘2011 restart rule’’), applicable
to operators of commercial motor vehicles of property subject to maximum driving time requirements of the Secretary.
(B) REQUIREMENT.—The field study shall expand upon
the results of the laboratory-based study relating to
commercial motor vehicle driver fatigue sponsored by the
Federal Motor Carrier Safety Administration presented in
the report of December 2010 titled ‘‘Investigation into
Motor Carrier Practices to Achieve Optimal Commercial
Motor Vehicle Driver Performance: Phase I’’.
(C) CRITERIA.—In conducting the field study, the Secretary shall ensure that—
(i) the methodology for the field study is consistent,
to the maximum extent possible, with the laboratorybased study methodology;
(ii) the data collected is representative of the
drivers and motor carriers regulated by the hours of
service regulations, including those drivers and carriers
affected by the maximum driving time requirements;
(iii) the analysis is statistically valid; and
(iv) the field study follows the plan for the ‘‘Scheduling and Fatigue Recovery Project’’ developed by the
Federal Motor Carrier Safety Administration.
(D) REPORT TO CONGRESS.—Not later than September
30, 2013, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report detailing the
results of the field study.
(b) GENERAL AUTHORITY.—Section 31137 is amended—
(1) by amending the section heading to read as follows:
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‘‘§ 31137. Electronic logging devices and brake maintenance
regulations’’;
(2) by redesignating subsection (b) as subsection (g); and
(3) by amending (a) to read as follows:
‘‘(a) USE OF ELECTRONIC LOGGING DEVICES.—Not later than
1 year after the date of enactment of the Commercial Motor Vehicle
Safety Enhancement Act of 2012, the Secretary of Transportation
shall prescribe regulations—
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126 STAT. 787
‘‘(1) requiring a commercial motor vehicle involved in interstate commerce and operated by a driver subject to the hours
of service and the record of duty status requirements under
part 395 of title 49, Code of Federal Regulations, be equipped
with an electronic logging device to improve compliance by
an operator of a vehicle with hours of service regulations prescribed by the Secretary; and
‘‘(2) ensuring that an electronic logging device is not used
to harass a vehicle operator.
‘‘(b) ELECTRONIC LOGGING DEVICE REQUIREMENTS.—
‘‘(1) IN GENERAL.—The regulations prescribed under subsection (a) shall—
‘‘(A) require an electronic logging device—
‘‘(i) to accurately record commercial driver hours
of service;
‘‘(ii) to record the location of a commercial motor
vehicle;
‘‘(iii) to be tamper resistant; and
‘‘(iv) to be synchronized to the operation of the
vehicle engine or be capable of recognizing when the
vehicle is being operated;
‘‘(B) allow law enforcement to access the data contained
in the device during a roadside inspection; and
‘‘(C) apply to a commercial motor vehicle beginning
on the date that is 2 years after the date that the regulations are published as a final rule.
‘‘(2) PERFORMANCE AND DESIGN STANDARDS.—The regulations prescribed under subsection (a) shall establish performance standards—
‘‘(A) defining a standardized user interface to aid
vehicle operator compliance and law enforcement review;
‘‘(B) establishing a secure process for standardized—
‘‘(i) and unique vehicle operator identification;
‘‘(ii) data access;
‘‘(iii) data transfer for vehicle operators between
motor vehicles;
‘‘(iv) data storage for a motor carrier; and
‘‘(v) data transfer and transportability for law
enforcement officials;
‘‘(C) establishing a standard security level for an electronic logging device and related components to be tamper
resistant by using a methodology endorsed by a nationally
recognized standards organization; and
‘‘(D) identifying each driver subject to the hours of
service and record of duty status requirements under part
395 of title 49, Code of Federal Regulations.
‘‘(c) CERTIFICATION CRITERIA.—
‘‘(1) IN GENERAL.—The regulations prescribed by the Secretary under this section shall establish the criteria and a
process for the certification of electronic logging devices to
ensure that the device meets the performance requirements
under this section.
‘‘(2) EFFECT OF NONCERTIFICATION.—Electronic logging
devices that are not certified in accordance with the certification
process referred to in paragraph (1) shall not be acceptable
evidence of hours of service and record of duty status requirements under part 395 of title 49, Code of Federal Regulations.
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‘‘(d) ADDITIONAL CONSIDERATIONS.—The Secretary, in prescribing the regulations described in subsection (a), shall consider
how such regulations may—
‘‘(1) reduce or eliminate requirements for drivers and motor
carriers to retain supporting documentation associated with
paper-based records of duty status if—
‘‘(A) data contained in an electronic logging device supplants such documentation; and
‘‘(B) using such data without paper-based records does
not diminish the Secretary’s ability to audit and review
compliance with the Secretary’s hours of service regulations; and
‘‘(2) include such measures as the Secretary determines
are necessary to protect the privacy of each individual whose
personal data is contained in an electronic logging device.
‘‘(e) USE OF DATA.—
‘‘(1) IN GENERAL.—The Secretary may utilize information
contained in an electronic logging device only to enforce the
Secretary’s motor carrier safety and related regulations,
including record-of-duty status regulations.
‘‘(2) MEASURES TO PRESERVE CONFIDENTIALITY OF PERSONAL
DATA.—The Secretary shall institute appropriate measures to
preserve the confidentiality of any personal data contained
in an electronic logging device and disclosed in the course
of an action taken by the Secretary or by law enforcement
officials to enforce the regulations referred to in paragraph
(1).
‘‘(3) ENFORCEMENT.—The Secretary shall institute appropriate measures to ensure any information collected by electronic logging devices is used by enforcement personnel only
for the purpose of determining compliance with hours of service
requirements.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) ELECTRONIC LOGGING DEVICE.—The term ‘electronic
logging device’ means an electronic device that—
‘‘(A) is capable of recording a driver’s hours of service
and duty status accurately and automatically; and
‘‘(B) meets the requirements established by the Secretary through regulation.
‘‘(2) TAMPER RESISTANT.—The term ‘tamper resistant’
means resistant to allowing any individual to cause an electronic device to record the incorrect date, time, and location
for changes to on-duty driving status of a commercial motor
vehicle operator under part 395 of title 49, Code of Federal
Regulations, or to subsequently alter the record created by
that device.’’.
(c) CIVIL PENALTIES.—Section 30165(a)(1) is amended by
striking ‘‘or 30141 through 30147’’ and inserting ‘‘30141 through
30147, or 31137’’.
(d) CONFORMING AMENDMENT.—The analysis for chapter 311
is amended by striking the item relating to section 31137 and
inserting the following:
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‘‘31137. Electronic logging devices and brake maintenance regulations.’’.
SEC. 32302. DRIVER MEDICAL QUALIFICATIONS.
49 USC 31149
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(a) DEADLINE FOR ESTABLISHMENT OF NATIONAL REGISTRY OF
MEDICAL EXAMINERS.—Not later than 1 year after the date of
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126 STAT. 789
enactment of this Act, the Secretary shall establish a national
registry of medical examiners in accordance with section 31149(d)(1)
of title 49, United States Code.
(b) EXAMINATION REQUIREMENT FOR NATIONAL REGISTRY OF
MEDICAL EXAMINERS.—Section 31149(c)(1)(D) is amended to read
as follows:
‘‘(D) not later than 1 year after enactment of the
Commercial Motor Vehicle Safety Enhancement Act of
2012, develop requirements for a medical examiner to be
listed in the national registry under this section,
including—
‘‘(i) the completion of specific courses and materials;
‘‘(ii) certification, including, at a minimum, selfcertification, if the Secretary determines that self-certification is necessary for sufficient participation in
the national registry, to verify that a medical examiner
completed specific training, including refresher courses,
that the Secretary determines necessary to be listed
in the national registry;
‘‘(iii) an examination that requires a passing grade;
and
‘‘(iv) demonstration of a medical examiner’s
willingness to meet the reporting requirements established by the Secretary;’’.
(c) ADDITIONAL OVERSIGHT OF LICENSING AUTHORITIES.—
(1) IN GENERAL.—Section 31149(c)(1) is amended—
(A) by amending subparagraph (E) to read as follows:
‘‘(E) require medical examiners to transmit electronically, on a monthly basis, the name of the applicant, a
numerical identifier, and additional information contained
on the medical examiner’s certificate for any completed
medical examination report required under section 391.43
of title 49, Code of Federal Regulations, to the chief medical
examiner;’’;
(B) in subparagraph (F), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(G) annually review the implementation of commercial
driver’s license requirements by not fewer than 10 States
to assess the accuracy, validity, and timeliness of—
‘‘(i) the submission of physical examination reports
and medical certificates to State licensing agencies;
and
‘‘(ii) the processing of the submissions by State
licensing agencies.’’.
(2) INTERNAL OVERSIGHT POLICY.—
(A) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act, the Secretary shall establish
an oversight policy and procedure to carry out section
31149(c)(1)(G) of title 49, United States Code, as added
by section 32302(c)(1) of this Act.
(B) EFFECTIVE DATE.—The amendments made by section 32303(c)(1) of this Act shall take effect on the date
the oversight policies and procedures are established pursuant to subparagraph (A).
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Certification.
Deadline.
Review.
Deadline.
49 USC 31149
note.
49 USC 31149
note.
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(d) ELECTRONIC FILING OF MEDICAL
CATES.—Section 31311(a), as amended by
Deadline.
Records.
EXAMINATION CERTIFIsections 32203(b) and
32305(b) of this Act, is amended by adding at the end the following:
‘‘(25) Not later than 5 years after the date of enactment
of the Commercial Motor Vehicle Safety Enhancement Act of
2012, the State shall establish and maintain, as part of its
driver information system, the capability to receive an electronic
copy of a medical examiner’s certificate, from a certified medical
examiner, for each holder of a commercial driver’s license issued
by the State who operates or intends to operate in interstate
commerce.’’.
(e) FUNDING.—The Secretary is authorized to utilize funds provided under section 4101(c)(1) of SAFETEA-LU (119 Stat. 1715)
to support development of costs of the information technology
needed to carry out section 31311(a)(25) of title 49, United States
Code.
SEC. 32303. COMMERCIAL DRIVER’S LICENSE NOTIFICATION SYSTEM.
(a) IN GENERAL.—Section 31304 is amended—
(1) by striking ‘‘An employer’’ and inserting the following:
‘‘(a) IN GENERAL.—An employer’’; and
(2) by adding at the end the following:
‘‘(b) DRIVER VIOLATION RECORDS.—
‘‘(1) PERIODIC REVIEW.—Except as provided in paragraph
(3), an employer shall ascertain the driving record of each
driver it employs—
‘‘(A) by making an inquiry at least once every 12
months to the appropriate State agency in which the driver
held or holds a commercial driver’s license or permit during
such time period;
‘‘(B) by receiving occurrence-based reports of changes
in the status of a driver’s record from 1 or more driver
record notification systems that meet minimum standards
issued by the Secretary; or
‘‘(C) by a combination of inquiries to States and reports
from driver record notification systems.
‘‘(2) RECORD KEEPING.—A copy of the reports received under
paragraph (1) shall be maintained in the driver’s qualification
file.
‘‘(3) EXCEPTIONS TO RECORD REVIEW REQUIREMENT.—Paragraph (1) shall not apply to a driver employed by an employer
who, in any 7-day period, is employed or used as a driver
by more than 1 employer—
‘‘(A) if the employer obtains the driver’s identification
number, type, and issuing State of the driver’s commercial
motor vehicle license; or
‘‘(B) if the information described in subparagraph (A)
is furnished by another employer and the employer that
regularly employs the driver meets the other requirements
under this section.
‘‘(4) DRIVER RECORD NOTIFICATION SYSTEM DEFINED.—In
this section, the term ‘driver record notification system’ means
a system that automatically furnishes an employer with a
report, generated by the appropriate agency of a State, on
the change in the status of an employee’s driver’s license due
to a conviction for a moving violation, a failure to appear,
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an accident, driver’s license suspension, driver’s license revocation, or any other action taken against the driving privilege.’’.
(b) STANDARDS FOR DRIVER RECORD NOTIFICATION SYSTEMS.—
Not later than 1 year after the date of enactment of this Act,
the Secretary shall issue minimum standards for driver notification
systems, including standards for the accuracy, consistency, and
completeness of the information provided.
(c) PLAN FOR NATIONAL NOTIFICATION SYSTEM.—
(1) DEVELOPMENT.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall develop recommendations and a plan for the development and implementation of a national driver record notification system, including—
(A) an assessment of the merits of achieving a national
system by expanding the Commercial Driver’s License
Information System; and
(B) an estimate of the fees that an employer will be
charged to offset the operating costs of the national system.
(2) SUBMISSION TO CONGRESS.—Not later than 90 days after
the recommendations and plan are developed under paragraph
(1), the Secretary shall submit a report on the recommendations
and plan to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
Deadline.
49 USC 31304
note.
Deadlines.
Recommendations.
Reports.
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SEC. 32304. COMMERCIAL MOTOR VEHICLE OPERATOR TRAINING.
(a) IN GENERAL.—Section 31305 is amended by adding at the
end the following:
‘‘(c) STANDARDS FOR TRAINING.—Not later than 1 year after
the date of enactment of the Commercial Motor Vehicle Safety
Enhancement Act of 2012, the Secretary shall issue final regulations
establishing minimum entry-level training requirements for an individual operating a commercial motor vehicle—
‘‘(1) addressing the knowledge and skills that—
‘‘(A) are necessary for an individual operating a
commercial motor vehicle to safely operate a commercial
motor vehicle; and
‘‘(B) must be acquired before obtaining a commercial
driver’s license for the first time or upgrading from one
class of commercial driver’s license to another class;
‘‘(2) addressing the specific training needs of a commercial
motor vehicle operator seeking passenger or hazardous materials endorsements;
‘‘(3) requiring effective instruction to acquire the knowledge, skills, and training referred to in paragraphs (1) and
(2), including classroom and behind-the-wheel instruction;
‘‘(4) requiring certification that an individual operating a
commercial motor vehicle meets the requirements established
by the Secretary; and
‘‘(5) requiring a training provider (including a public or
private driving school, motor carrier, or owner or operator
of a commercial motor vehicle) that offers training that results
in the issuance of a certification to an individual under paragraph (4) to demonstrate that the training meets the requirements of the regulations, through a process established by
the Secretary.’’.
(b) COMMERCIAL DRIVER’S LICENSE UNIFORM STANDARDS.—Section 31308(1) is amended to read as follows:
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‘‘(1) an individual issued a commercial driver’s license—
‘‘(A) pass written and driving tests for the operation
of a commercial motor vehicle that comply with the minimum standards prescribed by the Secretary under section
31305(a); and
‘‘(B) present certification of completion of driver
training that meets the requirements established by the
Secretary under section 31305(c);’’.
(c) CONFORMING AMENDMENT.—The section heading for section
31305 is amended to read as follows:
‘‘§ 31305. General driver fitness, testing, and training’’.
(d) CONFORMING AMENDMENT.—The analysis for chapter 313
is amended by striking the item relating to section 31305 and
inserting the following:
‘‘31305. General driver fitness, testing, and training.’’.
SEC. 32305. COMMERCIAL DRIVER’S LICENSE PROGRAM.
Plan.
Time period.
Regulations.
Deadline.
Records.
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Time period.
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(a) IN GENERAL.—Section 31309 is amended—
(1) in subsection (e)(4), by amending subparagraph (A)
to read as follows:
‘‘(A) IN GENERAL.—The plan shall specify—
‘‘(i) a date by which all States shall be operating
commercial driver’s license information systems that
are compatible with the modernized information
system under this section; and
‘‘(ii) that States must use the systems to receive
and submit conviction and disqualification data.’’; and
(2) in subsection (f), by striking ‘‘use’’ and inserting ‘‘use,
subject to section 31313(a),’’.
(b) REQUIREMENTS FOR STATE PARTICIPATION.—Section 31311
is amended—
(1) in subsection (a), as amended by section 32203(b) of
this Act—
(A) in paragraph (5), by striking ‘‘At least’’ and all
that follows through ‘‘regulation),’’ and inserting: ‘‘Not later
than the time period prescribed by the Secretary by regulation,’’; and
(B) by adding at the end the following:
‘‘(23) Not later than 1 year after the date of enactment
of the Commercial Motor Vehicle Safety Enhancement Act of
2012, the State shall implement a system and practices for
the exclusive electronic exchange of driver history record
information on the system the Secretary maintains under section 31309, including the posting of convictions, withdrawals,
and disqualifications.
‘‘(24) Before renewing or issuing a commercial driver’s
license to an individual, the State shall request information
pertaining to the individual from the drug and alcohol clearinghouse maintained under section 31306a.’’; and
(2) by adding at the end the following:
‘‘(d) STATE COMMERCIAL DRIVER’S LICENSE PROGRAM PLAN.—
‘‘(1) IN GENERAL.—A State shall submit a plan to the Secretary for complying with the requirements under this section
during the period beginning on the date the plan is submitted
and ending on September 30, 2016.
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‘‘(2) CONTENTS.—A plan submitted by a State under paragraph (1) shall identify—
‘‘(A) the actions that the State will take to address
any deficiencies in the State’s commercial driver’s license
program, as identified by the Secretary in the most recent
audit of the program; and
‘‘(B) other actions that the State will take to comply
with the requirements under subsection (a).
‘‘(3) PRIORITY.—
‘‘(A) IMPLEMENTATION SCHEDULE.—A plan submitted
by a State under paragraph (1) shall include a schedule
for the implementation of the actions identified under paragraph (2). In establishing the schedule, the State shall
prioritize actions to address any deficiencies highlighted
by the Secretary as critical in the most recent audit of
the program.
‘‘(B) DEADLINE FOR COMPLIANCE WITH REQUIREMENTS.—A plan submitted by a State under paragraph
(1) shall include assurances that the State will take the
necessary actions to comply with the requirements of subsection (a) not later than September 30, 2015.
‘‘(4) APPROVAL AND DISAPPROVAL.—The Secretary shall—
‘‘(A) review each plan submitted under paragraph (1);
‘‘(B)(i) approve a plan if the Secretary determines that
the plan meets the requirements under this subsection
and promotes the goals of this chapter; and
‘‘(ii) disapprove a plan that the Secretary determines
does not meet the requirements or does not promote the
goals.
‘‘(5) MODIFICATION OF DISAPPROVED PLANS.—If the Secretary disapproves a plan under paragraph (4), the Secretary
shall—
‘‘(A) provide a written explanation of the disapproval
to the State; and
‘‘(B) allow the State to modify the plan and resubmit
it for approval.
‘‘(6) PLAN UPDATES.—The Secretary may require a State
to review and update a plan, as appropriate.
‘‘(e) ANNUAL COMPARISON OF STATE LEVELS OF COMPLIANCE.—
The Secretary shall annually—
‘‘(1) compare the relative levels of compliance by States
with the requirements under subsection (a); and
‘‘(2) make the results of the comparison available to the
public.’’.
Review.
Determinations.
Notification.
Public
information.
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SEC. 32306. COMMERCIAL MOTOR VEHICLE DRIVER INFORMATION SYSTEMS.
Section 31106(c) is amended—
(1) by striking the heading and inserting ‘‘(1) IN GENERAL.’’;
(2) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D); and
(3) by adding at the end the following:
‘‘(2) ACCESS TO RECORDS.—The Secretary may require a
State, as a condition of an award of grant money under this
section, to provide the Secretary access to all State licensing
status and driver history records via an electronic information
system, subject to section 2721 of title 18.’’.
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PUBLIC LAW 112–141—JULY 6, 2012
SEC. 32307. EMPLOYER RESPONSIBILITIES.
Section 31304, as amended by section 32303 of this Act, is
amended in subsection (a)—
(1) by striking ‘‘knowingly’’; and
(2) by striking ‘‘in which’’ and inserting ‘‘that the employer
knows or should reasonably know that’’.
49 USC 31301
note.
SEC. 32308. PROGRAM TO ASSIST VETERANS TO ACQUIRE COMMERCIAL DRIVER’S LICENSES.
(a) STUDY.—
(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this Act, the Secretary, in coordination with
the Secretary of Defense, and in consultation with the States
and other relevant stakeholders, shall commence a study to
assess Federal and State regulatory, economic, and administrative challenges faced by members and former members of the
Armed Forces, who received safety training and operated qualifying motor vehicles during their service, in obtaining commercial driver’s licenses (as defined in section 31301(3) of title
49, United States Code).
(2) REQUIREMENTS.—The study under this subsection
shall—
(A) identify written and behind-the-wheel safety
training, qualification standards, knowledge and skills
tests, or other operating experience members of the Armed
Forces must meet that satisfy the minimum standards
prescribed by the Secretary of Transportation for the operation of commercial motor vehicles under section 31305
of title 49, United States Code;
(B) compare the alcohol and controlled substances
testing requirements for members of the Armed Forces
with those required for holders of a commercial driver’s
license;
(C) evaluate the cause of delays in reviewing applications for commercial driver’s licenses of members and
former members of the Armed Forces;
(D) identify duplicative application costs;
(E) identify residency, domicile, training and testing
requirements, and other safety or health assessments that
affect or delay the issuance of commercial driver’s licenses
to members and former members of the Armed Forces;
and
(F) include other factors that the Secretary determines
to be appropriate to meet the requirements of the study.
(b) REPORT.—
(1) IN GENERAL.—Not later than 180 days after the
commencement of the study under subsection (a), the Secretary
shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Financial Services of the House of Representatives that contains
the findings and recommendations from the study.
(2) ELEMENTS.—The report under paragraph (1) shall
include—
(A) findings related to the study requirements under
subsection (a)(2);
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(B) recommendations for the Federal and State legislative, regulatory, and administrative actions necessary to
address challenges identified in subparagraph (A); and
(C) a plan to implement the recommendations for which
the Secretary has authority.
(c) IMPLEMENTATION.—Not later than 1 year after the date
of enactment of this Act, the Secretary, in consultation with the
Secretary of Defense and in cooperation with the States, shall
implement the recommendations identified in subsection (b) and
establish accelerated licensing procedures to assist veterans to
acquire commercial driver’s licenses.
(d) ACCELERATED LICENSING PROCEDURES.—The procedures
established under subsection (a) shall be designed to be applicable
to any veteran who—
(1) is attempting to acquire a commercial driver’s license;
and
(2) obtained, during military service, documented driving
experience that, in the determination of the Secretary, makes
the use of accelerated licensing procedures appropriate.
(e) DEFINITIONS.—In this section:
(1) COMMERCIAL DRIVER’S LICENSE.—The term ‘‘commercial
driver’s license’’ has the meaning given that term in section
31301 of title 49, United States Code.
(2) STATE.—The term ‘‘State’’ has the meaning given that
term in section 31301 of title 49, United States Code.
(3) VETERAN.—The term ‘‘veteran’’ has the meaning given
that term in section 101 of title 38, United States Code.
Subtitle D—Safe Roads Act of 2012
Recommendations.
Plan.
Deadline.
Procedures.
Applicability.
Safe Roads Act of
2012.
SEC. 32401. SHORT TITLE.
49 USC 30101
note.
This subtitle may be cited as the ‘‘Safe Roads Act of 2012’’.
SEC. 32402. NATIONAL CLEARINGHOUSE FOR CONTROLLED SUBSTANCE AND ALCOHOL TEST RESULTS OF COMMERCIAL
MOTOR VEHICLE OPERATORS.
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(a) IN GENERAL.—Chapter 313 is amended—
(1) in section 31306(a), by inserting ‘‘and section 31306a’’
after ‘‘this section’’; and
(2) by inserting after section 31306 the following:
‘‘§ 31306a. National clearinghouse for controlled substance
and alcohol test results of commercial motor
vehicle operators
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—Not later than 2 years after the date
of enactment of the Safe Roads Act of 2012, the Secretary
of Transportation shall establish, operate, and maintain a
national clearinghouse for records relating to alcohol and controlled substances testing of commercial motor vehicle operators.
‘‘(2) PURPOSES.—The purposes of the clearinghouse shall
be—
‘‘(A) to improve compliance with the Department of
Transportation’s alcohol and controlled substances testing
program applicable to commercial motor vehicle operators;
and
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126 STAT. 796
‘‘(B) to enhance the safety of our United States roadways by reducing accident and injuries involving the misuse
of alcohol or use of controlled substances by operators
of commercial motor vehicles.
‘‘(3) CONTENTS.—The clearinghouse shall function as a
repository for records relating to the positive test results and
test refusals of commercial motor vehicle operators and violations by such operators of prohibitions set forth in subpart
B of part 382 of title 49, Code of Federal Regulations (or
any subsequent corresponding regulations).
‘‘(4) ELECTRONIC EXCHANGE OF RECORDS.—The Secretary
shall ensure that records can be electronically submitted to,
and requested from, the clearinghouse by authorized users.
‘‘(5) AUTHORIZED OPERATOR.—The Secretary may authorize
a qualified private entity to operate and maintain the clearinghouse and to collect fees on behalf of the Secretary under
subsection (e). The entity shall operate and maintain the
clearinghouse and permit access to driver information and
records from the clearinghouse in accordance with this section.
‘‘(b) DESIGN OF CLEARINGHOUSE.—
‘‘(1) USE OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION RECOMMENDATIONS.—In establishing the clearinghouse,
the Secretary shall consider—
‘‘(A) the findings and recommendations contained in
the Federal Motor Carrier Safety Administration’s March
2004 report to Congress required under section 226 of
the Motor Carrier Safety Improvement Act of 1999 (49
U.S.C. 31306 note); and
‘‘(B) the findings and recommendations contained in
the Government Accountability Office’s May 2008 report
to Congress entitled ‘Motor Carrier Safety: Improvements
to Drug Testing Programs Could Better Identify Illegal
Drug Users and Keep Them off the Road.’.
‘‘(2) DEVELOPMENT OF SECURE PROCESSES.—In establishing
the clearinghouse, the Secretary shall develop a secure process
for—
‘‘(A) administering and managing the clearinghouse
in compliance with applicable Federal security standards;
‘‘(B) registering and authenticating authorized users
of the clearinghouse;
‘‘(C) registering and authenticating persons required
to report to the clearinghouse under subsection (g);
‘‘(D) preventing the unauthorized access of information
from the clearinghouse;
‘‘(E) storing and transmitting data;
‘‘(F) persons required to report to the clearinghouse
under subsection (g) to timely and accurately submit electronic data to the clearinghouse;
‘‘(G) generating timely and accurate reports from the
clearinghouse in response to requests for information by
authorized users; and
‘‘(H) updating an individual’s record upon completion
of the return-to-duty process described in title 49, Code
of Federal Regulations.
‘‘(3) EMPLOYER ALERT OF POSITIVE TEST RESULT.—In establishing the clearinghouse, the Secretary shall develop a secure
Notification.
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PUBLIC LAW 112–141—JULY 6, 2012
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method for electronically notifying an employer of each additional positive test result or other noncompliance—
‘‘(A) for an employee, that is entered into the clearinghouse during the 7-day period immediately following an
employer’s inquiry about the employee; and
‘‘(B) for an employee who is listed as having multiple
employers.
‘‘(4) ARCHIVE CAPABILITY.—In establishing the clearinghouse, the Secretary shall develop a process for archiving all
clearinghouse records for the purposes of auditing and evaluating the timeliness, accuracy, and completeness of data in
the clearinghouse.
‘‘(5) FUTURE NEEDS.—
‘‘(A) INTEROPERABILITY WITH OTHER DATA SYSTEMS.—
In establishing the clearinghouse, the Secretary shall consider—
‘‘(i) the existing data systems containing regulatory
and safety data for commercial motor vehicle operators;
‘‘(ii) the efficacy of using or combining clearinghouse data with 1 or more of such systems; and
‘‘(iii) the potential interoperability of the clearinghouse with such systems.
‘‘(B) SPECIFIC CONSIDERATIONS.—In carrying out
subparagraph (A), the Secretary shall determine—
‘‘(i) the clearinghouse’s capability for interoperability with—
‘‘(I) the National Driver Register established
under section 30302;
‘‘(II) the Commercial Driver’s License Information System established under section 31309;
‘‘(III) the Motor Carrier Management Information System for preemployment screening services
under section 31150; and
‘‘(IV) other data systems, as appropriate; and
‘‘(ii) any change to the administration of the current testing program, such as forms, that is necessary
to collect data for the clearinghouse.
‘‘(c) STANDARD FORMATS.—The Secretary shall develop standard
formats to be used—
‘‘(1) by an authorized user of the clearinghouse to—
‘‘(A) request a record from the clearinghouse; and
‘‘(B) obtain the consent of an individual who is the
subject of a request from the clearinghouse, if applicable;
and
‘‘(2) to notify an individual that a positive alcohol or controlled substances test result, refusing to test, and a violation
of any of the prohibitions under subpart B of part 382 of
title 49, Code of Federal Regulations (or any subsequent corresponding regulations), will be reported to the clearinghouse.
‘‘(d) PRIVACY.—A release of information from the clearinghouse
shall—
‘‘(1) comply with applicable Federal privacy laws, including
the fair information practices under the Privacy Act of 1974
(5 U.S.C. 552a);
‘‘(2) comply with applicable sections of the Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.); and
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Determination.
Notification.
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Compliance.
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‘‘(3) not be made to any person or entity unless expressly
authorized or required by law.
‘‘(e) FEES.—
‘‘(1) AUTHORITY TO COLLECT FEES.—Except as provided
under paragraph (3), the Secretary may collect a reasonable,
customary, and nominal fee from an authorized user of the
clearinghouse for a request for information from the clearinghouse.
‘‘(2) USE OF FEES.—Fees collected under this subsection
shall be used for the operation and maintenance of the clearinghouse.
‘‘(3) LIMITATION.—The Secretary may not collect a fee from
an individual requesting information from the clearinghouse
that pertains to the record of that individual.
‘‘(f) EMPLOYER REQUIREMENTS.—
‘‘(1) DETERMINATION CONCERNING USE OF CLEARINGHOUSE.—The Secretary shall determine if an employer is
authorized to use the clearinghouse to meet the alcohol and
controlled substances testing requirements under title 49, Code
of Federal Regulations.
‘‘(2) APPLICABILITY OF EXISTING REQUIREMENTS.—Each
employer and service agent shall continue to comply with the
alcohol and controlled substances testing requirements under
title 49, Code of Federal Regulations.
‘‘(3) EMPLOYMENT PROHIBITIONS.—After the clearinghouse
is established under subsection (a), at a date determined to
be appropriate by the Secretary and published in the Federal
Register, an employer shall utilize the clearinghouse to determine whether any employment prohibitions exist and shall
not hire an individual to operate a commercial motor vehicle
unless the employer determines that the individual, during
the preceding 3-year period—
‘‘(A) if tested for the use of alcohol and controlled
substances, as required under title 49, Code of Federal
Regulations—
‘‘(i) did not test positive for the use of alcohol
or controlled substances in violation of the regulations;
or
‘‘(ii) tested positive for the use of alcohol or controlled substances and completed the required returnto-duty process under title 49, Code of Federal Regulations;
‘‘(B)(i) did not refuse to take an alcohol or controlled
substance test under title 49, Code of Federal Regulations;
or
‘‘(ii) refused to take an alcohol or controlled substance
test and completed the required return-to-duty process
under title 49, Code of Federal Regulations; and
‘‘(C) did not violate any other provision of subpart
B of part 382 of title 49, Code of Federal Regulations
(or any subsequent corresponding regulations).
‘‘(4) ANNUAL REVIEW.—After the clearinghouse is established under subsection (a), at a date determined to be appropriate by the Secretary and published in the Federal Register,
an employer shall request and review a commercial motor
vehicle operator’s record from the clearinghouse annually for
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 799
as long as the commercial motor vehicle operator is under
the employ of the employer.
‘‘(g) REPORTING OF RECORDS.—
‘‘(1) IN GENERAL.—Beginning 30 days after the date that
the clearinghouse is established under subsection (a), a medical
review officer, employer, service agent, and other appropriate
person, as determined by the Secretary, shall promptly submit
to the Secretary any record generated after the clearinghouse
is initiated of an individual who—
‘‘(A) refuses to take an alcohol or controlled substances
test required under title 49, Code of Federal Regulations;
‘‘(B) tests positive for alcohol or a controlled substance
in violation of the regulations; or
‘‘(C) violates any other provision of subpart B of part
382 of title 49, Code of Federal Regulations (or any subsequent corresponding regulations).
‘‘(2) INCLUSION OF RECORDS IN CLEARINGHOUSE.—The Secretary shall include in the clearinghouse the records of positive
test results and test refusals received under paragraph (1).
‘‘(3) MODIFICATIONS AND DELETIONS.—If the Secretary
determines that a record contained in the clearinghouse is
not accurate, the Secretary shall modify or delete the record,
as appropriate.
‘‘(4) NOTIFICATION.—The Secretary shall expeditiously
notify an individual, unless such notification would be duplicative, when—
‘‘(A) a record relating to the individual is received
by the clearinghouse;
‘‘(B) a record in the clearinghouse relating to the individual is modified or deleted, and include in the notification
the reason for the modification or deletion; or
‘‘(C) a record in the clearinghouse relating to the individual is released to an employer and specify the reason
for the release.
‘‘(5) DATA QUALITY AND SECURITY STANDARDS FOR
REPORTING AND RELEASING.—The Secretary may establish additional requirements, as appropriate, to ensure that—
‘‘(A) the submission of records to the clearinghouse
is timely and accurate;
‘‘(B) the release of data from the clearinghouse is
timely, accurate, and released to the appropriate authorized
user under this section; and
‘‘(C) an individual with a record in the clearinghouse
has a cause of action for any inappropriate use of information included in the clearinghouse.
‘‘(6) RETENTION OF RECORDS.—The Secretary shall—
‘‘(A) retain a record submitted to the clearinghouse
for a 5-year period beginning on the date the record is
submitted;
‘‘(B) remove the record from the clearinghouse at the
end of the 5-year period, unless the individual fails to
meet a return-to-duty or follow-up requirement under title
49, Code of Federal Regulations; and
‘‘(C) retain a record after the end of the 5-year period
in a separate location for archiving and auditing purposes.
‘‘(h) AUTHORIZED USERS.—
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‘‘(1) EMPLOYERS.—The Secretary shall establish a process
for an employer, or an employer’s designated agent, to request
and receive an individual’s record from the clearinghouse.
‘‘(A) CONSENT.—An employer may not access an
individual’s record from the clearinghouse unless the
employer—
‘‘(i) obtains the prior written or electronic consent
of the individual for access to the record; and
‘‘(ii) submits proof of the individual’s consent to
the Secretary.
‘‘(B) ACCESS TO RECORDS.—After receiving a request
from an employer for an individual’s record under subparagraph (A), the Secretary shall grant access to the individual’s record to the employer as expeditiously as practicable.
‘‘(C) RETENTION OF RECORD REQUESTS.—The Secretary
shall require an employer to retain for a 3-year period—
‘‘(i) a record of each request made by the employer
for records from the clearinghouse; and
‘‘(ii) the information received pursuant to the
request.
‘‘(D) USE OF RECORDS.—An employer may use an
individual’s record received from the clearinghouse only
to assess and evaluate whether a prohibition applies with
respect to the individual to operate a commercial motor
vehicle for the employer.
‘‘(E) PROTECTION OF PRIVACY OF INDIVIDUALS.—An
employer that receives an individual’s record from the
clearinghouse under subparagraph (B) shall—
‘‘(i) protect the privacy of the individual and the
confidentiality of the record; and
‘‘(ii) ensure that information contained in the
record is not divulged to a person or entity that is
not directly involved in assessing and evaluating
whether a prohibition applies with respect to the individual to operate a commercial motor vehicle for the
employer.
‘‘(2) STATE LICENSING AUTHORITIES.—The Secretary shall
establish a process for the chief commercial driver’s licensing
official of a State to request and receive an individual’s record
from the clearinghouse if the individual is applying for a
commercial driver’s license from the State.
‘‘(A) CONSENT.—The Secretary may grant access to an
individual’s record in the clearinghouse under this paragraph without the prior written or electronic consent of
the individual. An individual who holds a commercial
driver’s license shall be deemed to consent to such access
by obtaining a commercial driver’s license.
‘‘(B) PROTECTION OF PRIVACY OF INDIVIDUALS.—A chief
commercial driver’s licensing official of a State that receives
an individual’s record from the clearinghouse under this
paragraph shall—
‘‘(i) protect the privacy of the individual and the
confidentiality of the record; and
‘‘(ii) ensure that the information in the record is
not divulged to any person that is not directly involved
in assessing and evaluating the qualifications of the
individual to operate a commercial motor vehicle.
Procedures.
Time period.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 801
‘‘(i) NATIONAL TRANSPORTATION SAFETY BOARD.—The Secretary
shall establish a process for the National Transportation Safety
Board to request and receive an individual’s record from the
clearinghouse if the individual is involved in an accident that is
under investigation by the National Transportation Safety Board.
‘‘(j) ACCESS TO CLEARINGHOUSE BY INDIVIDUALS.—
‘‘(1) IN GENERAL.—The Secretary shall establish a process
for an individual to request and receive information from the
clearinghouse—
‘‘(A) to determine whether the clearinghouse contains
a record pertaining to the individual;
‘‘(B) to verify the accuracy of a record;
‘‘(C) to update an individual’s record, including completing the return-to-duty process described in title 49,
Code of Federal Regulations; and
‘‘(D) to determine whether the clearinghouse received
requests for the individual’s information.
‘‘(2) DISPUTE PROCEDURE.—The Secretary shall establish
a procedure, including an appeal process, for an individual
to dispute and remedy an administrative error in the individual’s record.
‘‘(k) PENALTIES.—
‘‘(1) IN GENERAL.—An employer, employee, medical review
officer, or service agent who violates any provision of this
section shall be subject to civil penalties under section
521(b)(2)(C) and criminal penalties under section 521(b)(6)(B),
and any other applicable civil and criminal penalties, as determined by the Secretary.
‘‘(2) VIOLATION OF PRIVACY.—The Secretary shall establish
civil and criminal penalties, consistent with paragraph (1),
for an authorized user who violates paragraph (1) or (2) of
subsection (h).
‘‘(l) COMPATIBILITY OF STATE AND LOCAL LAWS.—
‘‘(1) PREEMPTION.—Except as provided under paragraph
(2), any law, regulation, order, or other requirement of a State,
political subdivision of a State, or Indian tribe related to a
commercial driver’s license holder subject to alcohol or controlled substance testing under title 49, Code of Federal Regulations, that is inconsistent with this section or a regulation
issued pursuant to this section is preempted.
‘‘(2) APPLICABILITY.—The preemption under paragraph (1)
shall include—
‘‘(A) the reporting of valid positive results from alcohol
screening tests and drug tests;
‘‘(B) the refusal to provide a specimen for an alcohol
screening test or drug test; and
‘‘(C) other violations of subpart B of part 382 of title
49, Code of Federal Regulations (or any subsequent corresponding regulations).
‘‘(3) EXCEPTION.—A law, regulation, order, or other requirement of a State, political subdivision of a State, or Indian
tribe shall not be preempted under this subsection to the extent
it relates to an action taken with respect to a commercial
motor vehicle operator’s commercial driver’s license or driving
record as a result of the driver’s—
‘‘(A) verified positive alcohol or drug test result;
‘‘(B) refusal to provide a specimen for the test; or
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(C) other violations of subpart B of part 382 of title
49, Code of Federal Regulations (or any subsequent corresponding regulations).
‘‘(m) DEFINITIONS.—In this section—
‘‘(1) AUTHORIZED USER.—The term ‘authorized user’ means
an employer, State licensing authority, or other person granted
access to the clearinghouse under subsection (h).
‘‘(2) CHIEF COMMERCIAL DRIVER’S LICENSING OFFICIAL.—The
term ‘chief commercial driver’s licensing official’ means the
official in a State who is authorized to—
‘‘(A) maintain a record about commercial driver’s
licenses issued by the State; and
‘‘(B) take action on commercial driver’s licenses issued
by the State.
‘‘(3) CLEARINGHOUSE.—The term ‘clearinghouse’ means the
clearinghouse established under subsection (a).
‘‘(4) COMMERCIAL MOTOR VEHICLE OPERATOR.—The term
‘commercial motor vehicle operator’ means an individual who—
‘‘(A) possesses a valid commercial driver’s license
issued in accordance with section 31308; and
‘‘(B) is subject to controlled substances and alcohol
testing under title 49, Code of Federal Regulations.
‘‘(5) EMPLOYER.—The term ‘employer’ means a person or
entity employing, or seeking to employ, 1 or more employees
(including an individual who is self-employed) to be commercial
motor vehicle operators.
‘‘(6) MEDICAL REVIEW OFFICER.—The term ‘medical review
officer’ means a licensed physician who is responsible for—
‘‘(A) receiving and reviewing a laboratory result generated under the testing program;
‘‘(B) evaluating a medical explanation for a controlled
substances test under title 49, Code of Federal Regulations;
and
‘‘(C) interpreting the results of a controlled substances
test.
‘‘(7) SECRETARY.—The term ‘Secretary’ means the Secretary
of Transportation.
‘‘(8) SERVICE AGENT.—The term ‘service agent’ means a
person or entity, other than an employee of the employer,
who provides services to employers or employees under the
testing program.
‘‘(9) TESTING PROGRAM.—The term ‘testing program’ means
the alcohol and controlled substances testing program required
under title 49, Code of Federal Regulations.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 313
is amended by inserting after the item relating to section 31306
the following:
‘‘31306a. National clearinghouse for positive controlled substance and alcohol test
results of commercial motor vehicle operators.’’.
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Subtitle E—Enforcement
SEC. 32501. INSPECTION DEMAND AND DISPLAY OF CREDENTIALS.
(a) SAFETY INVESTIGATIONS.—Section 504(c) is amended—
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126 STAT. 803
(1) by inserting ‘‘, or an employee of the recipient of a
grant issued under section 31102 of this title’’ after ‘‘a contractor’’; and
(2) by inserting ‘‘, in person or in writing’’ after ‘‘proper
credentials’’.
(b) CIVIL PENALTY.—Section 521(b)(2)(E) is amended—
(1) by redesignating subparagraph (E) as subparagraph
(E)(i); and
(2) by adding at the end the following:
‘‘(ii) PLACE OUT OF SERVICE.—The Secretary may
by regulation adopt procedures for placing out of
service the commercial motor vehicle of a foreign-domiciled motor carrier that fails to promptly allow the
Secretary to inspect and copy a record or inspect equipment, land, buildings, or other property.’’.
(c) HAZARDOUS MATERIALS INVESTIGATIONS.—Section 5121(c)(2)
is amended by inserting ‘‘, in person or in writing,’’ after ‘‘proper
credentials’’.
(d) COMMERCIAL INVESTIGATIONS.—Section 14122(b) is amended
by inserting ‘‘, in person or in writing’’ after ‘‘proper credentials’’.
SEC. 32502. OUT OF SERVICE PENALTY FOR DENIAL OF ACCESS TO
RECORDS.
Section 521(b)(2)(E) is amended—
(1) by inserting after ‘‘$10,000.’’ the following: ‘‘In the case
of a motor carrier, the Secretary may also place the violator’s
motor carrier operations out of service.’’; and
(2) by striking ‘‘such penalty’’ after ‘‘It shall be a defense
to’’ and inserting ‘‘a penalty’’.
SEC. 32503. PENALTIES FOR VIOLATION OF OPERATION OUT OF
SERVICE ORDERS.
Section 521(b)(2) is amended by adding at the end the following:
‘‘(F) PENALTY FOR VIOLATIONS RELATING TO OUT OF
SERVICE ORDERS.—A motor carrier or employer (as defined
in section 31132) that operates a commercial motor vehicle
in commerce in violation of a prohibition on transportation
under section 31144(c) of this title or an imminent hazard
out of service order issued under subsection (b)(5) of this
section or section 5121(d) of this title shall be liable for
a civil penalty not to exceed $25,000.’’.
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SEC. 32504. IMPOUNDMENT AND IMMOBILIZATION OF COMMERCIAL
MOTOR VEHICLES FOR IMMINENT HAZARD.
Section 521(b) is amended by adding at the end the following:
‘‘(15) IMPOUNDMENT OF COMMERCIAL MOTOR VEHICLES.—
‘‘(A) ENFORCEMENT OF IMMINENT HAZARD OUT-OFSERVICE ORDERS.—
‘‘(i) The Secretary, or an authorized State official
carrying out motor carrier safety enforcement activities
under section 31102, may enforce an imminent hazard
out-of-service order issued under chapters 5, 51, 131
through 149, 311, 313, or 315 of this title, or a regulation promulgated thereunder, by towing and
impounding a commercial motor vehicle until the order
is rescinded.
‘‘(ii) Enforcement shall not unreasonably interfere
with the ability of a shipper, carrier, broker, or other
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PUBLIC LAW 112–141—JULY 6, 2012
party to arrange for the alternative transportation of
any cargo or passenger being transported at the time
the commercial motor vehicle is immobilized. In the
case of a commercial motor vehicle transporting passengers, the Secretary or authorized State official shall
provide reasonable, temporary, and secure shelter and
accommodations for passengers in transit.
‘‘(iii) The Secretary’s designee or an authorized
State official carrying out motor carrier safety enforcement activities under section 31102, shall immediately
notify the owner of a commercial motor vehicle of the
impoundment and the opportunity for review of the
impoundment. A review shall be provided in accordance
with section 554 of title 5, except that the review
shall occur not later than 10 days after the impoundment.
‘‘(B) ISSUANCE OF REGULATIONS.—The Secretary shall
promulgate regulations on the use of impoundment or
immobilization of commercial motor vehicles as a means
of enforcing additional out-of-service orders issued under
chapters 5, 51, 131 through 149, 311, 313, or 315 of this
title, or a regulation promulgated thereunder. Regulations
promulgated under this subparagraph shall include consideration of public safety, the protection of passengers and
cargo, inconvenience to passengers, and the security of
the commercial motor vehicle.
‘‘(C) DEFINITION.—In this paragraph, the term
‘impoundment’ or ’impounding’ means the seizing and
taking into custody of a commercial motor vehicle or the
immobilizing of a commercial motor vehicle through the
attachment of a locking device or other mechanical or electronic means.’’.
Notification.
Deadline.
SEC. 32505. INCREASED PENALTIES FOR EVASION OF REGULATIONS.
(a) PENALTIES.—Section 524 is amended—
(1) by striking ‘‘knowingly and willfully’’;
(2) by inserting after ‘‘this chapter’’ the following: ‘‘, chapter
51, subchapter III of chapter 311 (except sections 31138 and
31139) or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A),
or 31502 of this title, or a regulation issued under any of
those provisions,’’;
(3) by striking ‘‘$200 but not more than $500’’ and inserting
‘‘$2,000 but not more than $5,000’’; and
(4) by striking ‘‘$250 but not more than $2,000’’ and
inserting ‘‘$2,500 but not more than $7,500’’.
(b) EVASION OF REGULATION.—Section 14906 is amended—
(1) by striking ‘‘$200’’ and inserting ‘‘at least $2,000’’;
(2) by striking ‘‘$250’’ and inserting ‘‘$5,000’’; and
(3) by inserting after ‘‘a subsequent violation’’ the following:
‘‘, and may be subject to criminal penalties’’.
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SEC. 32506. VIOLATIONS RELATING TO COMMERCIAL MOTOR VEHICLE
SAFETY REGULATION AND OPERATORS.
Section 521(b)(2)(D) is amended by striking ‘‘ability to pay,’’.
SEC. 32507. EMERGENCY DISQUALIFICATION FOR IMMINENT HAZARD.
Section 31310(f) is amended—
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126 STAT. 805
(1) in paragraph (1) by inserting ‘‘section 521 or’’ before
‘‘section 5102’’; and
(2) in paragraph (2) by inserting ‘‘section 521 or’’ before
‘‘section 5102’’.
SEC. 32508. DISCLOSURE TO STATE AND LOCAL LAW ENFORCEMENT
AGENCIES.
Section 31106(e) is amended—
(1) by redesignating subsection (e) as subsection (e)(1);
and
(2) by inserting at the end the following:
‘‘(2) IN GENERAL.—Notwithstanding any prohibition on
disclosure of information in section 31105(h) or 31143(b) of
this title or section 552a of title 5, the Secretary may disclose
information maintained by the Secretary pursuant to chapters
51, 135, 311, or 313 of this title to appropriate personnel
of a State agency or instrumentality authorized to carry out
State commercial motor vehicle safety activities and commercial
driver’s license laws, or appropriate personnel of a local law
enforcement agency, in accordance with standards, conditions,
and procedures as determined by the Secretary. Disclosure
under this section shall not operate as a waiver by the Secretary
of any applicable privilege against disclosure under common
law or as a basis for compelling disclosure under section 552
of title 5.’’.
SEC. 32509. GRADE CROSSING SAFETY REGULATIONS.
Section 112(2) of the Hazardous Materials Transportation
Authorization Act of 1994 (Public Law 103–311) is amended by
striking ‘‘315 of such title (relating to motor carrier safety)’’ and
inserting ‘‘311 of such title (relating to commercial motor vehicle
safety)’’.
Subtitle F—Compliance, Safety,
Accountability
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SEC. 32601. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.
(a) IN GENERAL.—Section 31102(b) is amended—
(1) by amending the heading to read as follows:
‘‘(b) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.—’’;
(2) by redesignating paragraphs (1) through (3) as (2)
through (4), respectively;
(3) by inserting before paragraph (2), as redesignated, the
following:
‘‘(1) PROGRAM GOAL.—The goal of the Motor Carrier Safety
Assistance Program is to ensure that the Secretary, States,
local government agencies, and other political jurisdictions work
in partnership to establish programs to improve motor carrier,
commercial motor vehicle, and driver safety to support a safe
and efficient surface transportation system by—
‘‘(A) making targeted investments to promote safe
commercial motor vehicle transportation, including
transportation of passengers and hazardous materials;
‘‘(B) investing in activities likely to generate maximum
reductions in the number and severity of commercial motor
vehicle crashes and fatalities resulting from such crashes;
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126 STAT. 806
Plans.
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‘‘(C) adopting and enforcing effective motor carrier,
commercial motor vehicle, and driver safety regulations
and practices consistent with Federal requirements; and
‘‘(D) assessing and improving statewide performance
by setting program goals and meeting performance standards, measures, and benchmarks.’’;
(4) in paragraph (2), as redesignated—
(A) by striking ‘‘make a declaration of’’ in subparagraph
(I) and inserting ‘‘demonstrate’’;
(B) by amending subparagraph (M) to read as follows:
‘‘(M) ensures participation in appropriate Federal
Motor Carrier Safety Administration systems and other
information systems by all appropriate jurisdictions
receiving Motor Carrier Safety Assistance Program
funding;’’;
(C) in subparagraph (Q), by inserting ‘‘and dedicated
sufficient resources to’’ between ‘‘established’’ and ‘‘a program’’;
(D) in subparagraph (W), by striking ‘‘and’’ after the
semicolon;
(E) in subparagraph (X), by striking the period and
inserting ‘‘; and’’; and
(F) by adding after subparagraph (X) the following:
‘‘(Y) ensures that the State will transmit to its roadside
inspectors the notice of each Federal exemption granted
pursuant to section 31315(b) and provided to the State
by the Secretary, including the name of the person granted
the exemption and any terms and conditions that apply
to the exemption.’’; and
(5) by amending paragraph (4), as redesignated, to read
as follows:
‘‘(4) MAINTENANCE OF EFFORT.—
‘‘(A) IN GENERAL.—A plan submitted by a State under
paragraph (2) shall provide that the total expenditure of
amounts of the lead State agency responsible for implementing the plan will be maintained at a level at least
equal to the average level of that expenditure for fiscal
years 2004 and 2005.
‘‘(B) AVERAGE LEVEL OF STATE EXPENDITURES.—In estimating the average level of State expenditure under
subparagraph (A), the Secretary—
‘‘(i) may allow the State to exclude State expenditures for Government-sponsored demonstration or pilot
programs; and
‘‘(ii) shall require the State to exclude State
matching amounts used to receive Government
financing under this subsection.
‘‘(C) WAIVER.—Upon the request of a State, the Secretary may waive or modify the requirements of this paragraph for 1 fiscal year, if the Secretary determines that
a waiver is equitable due to exceptional or uncontrollable
circumstances, such as a natural disaster or a serious
decline in the financial resources of the State motor carrier
safety assistance program agency.’’.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 807
SEC. 32602. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS MANAGEMENT PROGRAM.
Section 31106(b) is amended by amending paragraph (3)(C)
to read as follows:
‘‘(C) establish and implement a process—
‘‘(i) to cancel the motor vehicle registration and
seize the registration plates of a vehicle when an
employer is found liable under section 31310(i)(2)(C)
for knowingly allowing or requiring an employee to
operate such a commercial motor vehicle in violation
of an out-of-service order; and
‘‘(ii) to reinstate the vehicle registration or return
the registration plates of the commercial motor vehicle,
subject to sanctions under clause (i), if the Secretary
permits such carrier to resume operations after the
date of issuance of such order.’’.
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SEC. 32603. AUTHORIZATION OF APPROPRIATIONS.
(a) MOTOR CARRIER SAFETY GRANTS.—Section 31104(a) is
amended—
(1) by striking ‘‘and’’ at the end of paragraph (7);
(2) by striking paragraph (8); and
(3) by inserting after paragraph (7) the following:
‘‘(8) $215,000,000 for fiscal year 2013; and
‘‘(9) $218,000,000 for fiscal year 2014.’’.
(b) ADMINISTRATIVE EXPENSES.—Section 31104(i)(1) is
amended—
(1) by striking ‘‘and’’ at the end of subparagraph (G); and
(2) by striking subparagraph (H); and
(3) by inserting after subparagraph (G) the following:
‘‘(H) $251,000,000 for fiscal year 2013; and
‘‘(I) $259,000,000 for fiscal year 2014.’’.
(c) GRANT PROGRAMS.—Section 4101(c) of SAFETEA-LU (119
Stat. 1715) is amended to read as follows:
‘‘(c) GRANT PROGRAMS.—There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit
Account) the following sums for the following Federal Motor Carrier
Safety Administration programs:
‘‘(1) COMMERCIAL DRIVER’S LICENSE PROGRAM IMPROVEMENT
GRANTS.—For commercial driver’s license program improvement
grants under section 31313 of title 49, United States Code
$30,000,000 for each of fiscal years 2013 and 2014.
‘‘(2) BORDER ENFORCEMENT GRANTS.—For border enforcement grants under section 31107 of such title $32,000,000
for each of fiscal years 2013 and 2014.
‘‘(3) PERFORMANCE AND REGISTRATION INFORMATION SYSTEM
MANAGEMENT GRANT PROGRAM.—For the performance and registration information system management grant program under
section 31109 of such title $5,000,000 for each of fiscal years
2013 and 2014.
‘‘(4) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS DEPLOYMENT.—For carrying out the commercial vehicle
information systems and networks deployment program under
section 4126 of this Act, $25,000,000 for each of fiscal years
2013 and 2014.
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‘‘(5) SAFETY DATA IMPROVEMENT GRANTS.—For safety data
improvement grants under section 4128 of this Act, $3,000,000
for each of fiscal years 2013 and 2014.’’.
(d) HIGH-PRIORITY ACTIVITIES.—Section 31104(k)(2) is amended
by striking ‘‘2011 and $11,250,000 for the period beginning on
October 1, 2011, and ending on June 30, 2012,’’ and inserting
‘‘2014’’.
(e) NEW ENTRANT AUDITS.—Section 31144(g)(5)(B) is amended
to read as follows:
‘‘(B) SET ASIDE.—The Secretary shall set aside from
amounts made available by section 31104(a) up to
$32,000,000 per fiscal year for audits of new entrant motor
carriers conducted pursuant to this paragraph.’’.
(f) OUTREACH AND EDUCATION.—Section 4127(e) of SAFETEALU (119 Stat. 1741) is amended to read as follows:
‘‘(e) FUNDING.—From amounts made available under section
31104(i) of title 49, United States Code, the Secretary shall make
available $4,000,000 to the Federal Motor Carrier Safety Administration for each of fiscal years 2013 and 2014 to carry out this
section (other than subsection (f)).’’.
(g) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS.—Section 4134(c) of SAFETEA-LU (49 U.S.C. 31301 note)
is amended by striking ‘‘2011 and $750,000 for the period beginning
on October 1, 2011, and ending on June 30, 2012,’’ and inserting
‘‘2014’’.
(h) BORDER ENFORCEMENT GRANTS.—Section 31107 is
amended—
(1) by striking subsection (b); and
(2) redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(i) ADMINISTRATION OF GRANT PROGRAMS.—The Secretary is
authorized to identify and implement processes to reduce the
administrative burden on the States and the Department of
Transportation concerning the application and management of the
grant programs authorized under chapter 311 and chapter 313
of title 49, United States Code.
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SEC. 32604. GRANTS FOR COMMERCIAL DRIVER’S LICENSE PROGRAM
IMPLEMENTATION.
(a) GRANTS FOR COMMERCIAL DRIVER’S LICENSE PROGRAM
IMPLEMENTATION.—Section 31313(a) is amended to read as follows:
‘‘(a) COMMERCIAL DRIVER’S LICENSE PROGRAM IMPROVEMENT
GRANTS.—
‘‘(1) PROGRAM GOAL.—The Secretary of Transportation may
make a grant to a State in a fiscal year—
‘‘(A) to comply with the requirements of section 31311;
‘‘(B) in the case of a State that is making a good
faith effort toward substantial compliance with the requirements of this section and section 31311, to improve its
implementation of its commercial driver’s license program,
including expenses—
‘‘(i) for computer hardware and software;
‘‘(ii) for publications, testing, personnel, training,
and quality control;
‘‘(iii) for commercial driver’s license program
coordinators;
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126 STAT. 809
‘‘(iv) to implement or maintain a system to notify
an employer of an operator of a commercial motor
vehicle of the suspension or revocation of the operator’s
commercial driver’s license consistent with the standards developed under section 32303(b) of the Commercial Motor Vehicle Safety Enhancement Act of 2012.
‘‘(2) PROHIBITIONS.—A State may not use grant funds under
this subsection to rent, lease, or buy land or buildings.’’.
(b) CONFORMING AMENDMENT.—
(1) The heading for section 31313 is amended by striking
‘‘improvements’’ and inserting ‘‘implementation’’.
(2) The analysis of chapter 313 is amended by striking
the item relating to section 31313 and inserting the following:
‘‘31313. Grants for commercial driver’s license program implementation.’’.
SEC. 32605. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS.
Not later than 6 months after the date of enactment of this
Act, the Secretary shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that includes—
(1) established time frames and milestones for resuming
the Commercial Vehicle Information Systems and Networks
Program; and
(2) a strategic workforce plan for its grants management
office to ensure that it has determined the skills and competencies that are critical to achieving its mission goals.
Subtitle G—Motorcoach Enhanced Safety
Act of 2012
Motorcoach
Enhanced Safety
Act of 2012.
SEC. 32701. SHORT TITLE.
This subtitle may be cited as the ‘‘Motorcoach Enhanced Safety
Act of 2012’’.
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SEC. 32702. DEFINITIONS.
In this subtitle:
(1) ADVANCED GLAZING.—The term ‘‘advanced glazing’’
means glazing installed in a portal on the side or the roof
of a motorcoach that is designed to be highly resistant to
partial or complete occupant ejection in all types of motor
vehicle crashes.
(2) BUS.—The term ‘‘bus’’ has the meaning given the term
in section 571.3(b) of title 49, Code of Federal Regulations
(as in effect on the day before the date of enactment of this
Act).
(3) COMMERCIAL MOTOR VEHICLE.—Except as otherwise
specified, the term ‘‘commercial motor vehicle’’ has the meaning
given the term in section 31132(1) of title 49, United States
Code.
(4) DIRECT TIRE PRESSURE MONITORING SYSTEM.—The term
‘‘direct tire pressure monitoring system’’ means a tire pressure
monitoring system that is capable of directly detecting when
the air pressure level in any tire is significantly under-inflated
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Deadline.
Reports.
49 USC 31136
note.
49 USC 31136
note.
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and providing the driver a low tire pressure warning as to
which specific tire is significantly under-inflated.
(5) MOTOR CARRIER.—The term ‘‘motor carrier’’ means—
(A) a motor carrier (as defined in section 13102(14)
of title 49, United States Code); or
(B) a motor private carrier (as defined in section
13102(15) of that title).
(6) MOTORCOACH.—The term ‘‘motorcoach’’ has the meaning
given the term ‘‘over-the-road bus’’ in section 3038(a)(3) of
the Transportation Equity Act for the 21st Century (49 U.S.C.
5310 note), but does not include—
(A) a bus used in public transportation provided by,
or on behalf of, a public transportation agency; or
(B) a school bus, including a multifunction school
activity bus.
(7) MOTORCOACH SERVICES.—The term ‘‘motorcoach services’’ means passenger transportation by motorcoach for compensation.
(8) MULTIFUNCTION SCHOOL ACTIVITY BUS.—The term
‘‘multifunction school activity bus’’ has the meaning given the
term in section 571.3(b) of title 49, Code of Federal Regulations
(as in effect on the day before the date of enactment of this
Act).
(9) PORTAL.—The term ‘‘portal’’ means any opening on the
front, side, rear, or roof of a motorcoach that could, in the
event of a crash involving the motorcoach, permit the partial
or complete ejection of any occupant from the motorcoach,
including a young child.
(10) PROVIDER OF MOTORCOACH SERVICES.—The term ‘‘provider of motorcoach services’’ means a motor carrier that provides passenger transportation services with a motorcoach,
including per-trip compensation and contracted or chartered
compensation.
(11) PUBLIC TRANSPORTATION.—The term ‘‘public transportation’’ has the meaning given the term in section 5302 of
title 49, United States Code.
(12) SAFETY BELT.—The term ‘‘safety belt’’ has the meaning
given the term in section 153(i)(4)(B) of title 23, United States
Code.
(13) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation.
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Deadlines.
49 USC 31136
note.
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SEC. 32703. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION,
PASSENGER EVACUATION, AND CRASH AVOIDANCE.
(a) REGULATIONS REQUIRED WITHIN 1 YEAR.—Not later than
1 year after the date of enactment of this Act, the Secretary shall
prescribe regulations requiring safety belts to be installed in
motorcoaches at each designated seating position.
(b) REGULATIONS REQUIRED WITHIN 2 YEARS.—Not later than
2 years after the date of enactment of this Act, the Secretary
shall prescribe regulations that address the following commercial
motor vehicle standards, if the Secretary determines that such
standards meet the requirements and considerations set forth in
subsections (a) and (b) of section 30111 of title 49, United States
Code:
(1) ROOF STRENGTH AND CRUSH RESISTANCE.—The Secretary
shall establish improved roof and roof support standards for
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126 STAT. 811
motorcoaches that substantially improve the resistance of
motorcoach roofs to deformation and intrusion to prevent
serious occupant injury in rollover crashes involving
motorcoaches.
(2) ANTI-EJECTION SAFETY COUNTERMEASURES.—The Secretary shall consider requiring advanced glazing standards for
each motorcoach portal and shall consider other portal improvements to prevent partial and complete ejection of motorcoach
passengers, including children. In prescribing such standards,
the Secretary shall consider the impact of such standards on
the use of motorcoach portals as a means of emergency egress.
(3) ROLLOVER CRASH AVOIDANCE.—The Secretary shall consider requiring motorcoaches to be equipped with stability
enhancing technology, such as electronic stability control and
torque vectoring, to reduce the number and frequency of rollover
crashes among motorcoaches.
(c) COMMERCIAL MOTOR VEHICLE TIRE PRESSURE MONITORING
SYSTEMS.—Not later than 3 years after the date of enactment
of this Act, the Secretary shall prescribe the following commercial
vehicle regulation:
(1) IN GENERAL.—The Secretary shall consider requiring
motorcoaches to be equipped with direct tire pressure monitoring systems that warn the operator of a commercial motor
vehicle when any tire exhibits a level of air pressure that
is below a specified level of air pressure established by the
Secretary, if the Secretary determines that such standards
meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States
Code.
(2) PERFORMANCE REQUIREMENTS.—In any standard
adopted under paragraph (1), the Secretary shall include
performance requirements to meet the objectives identified in
paragraph (1) of this subsection.
(d) TIRE PERFORMANCE STANDARD.—Not later than 3 years
after the date of enactment of this Act, the Secretary shall consider—
(1) issuing a rule to upgrade performance standards for
tires used on motorcoaches, including an enhanced endurance
test and a new high-speed performance test; or
(2) if the Secretary determines that a standard does not
meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States
Code, submit a report that describes the reasons for not prescribing such a standard to—
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Transportation and Infrastructure of the House of Representatives; and
(C) the Committee on Energy and Commerce of the
House of Representatives.
(e) APPLICATION OF REGULATIONS.—
(1) NEW MOTORCOACHES.—Any regulation prescribed in
accordance with subsection (a), (b), (c), or (d) shall—
(A) apply to all motorcoaches manufactured more than
3 years after the date on which the regulation is published
as a final rule;
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(B) take into account the impact to seating capacity
of changes to size and weight of motorcoaches and the
ability to comply with State and Federal size and weight
requirements; and
(C) be based on the best available science.
(2) RETROFIT ASSESSMENT FOR EXISTING MOTORCOACHES.—
(A) IN GENERAL.—The Secretary may assess the feasibility, benefits, and costs with respect to the application
of any requirement established under subsection (a) or
(b)(2) to motorcoaches manufactured before the date on
which the requirement applies to new motorcoaches under
paragraph (1).
(B) REPORT.—The Secretary shall submit a report on
the assessment to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Energy and Commerce of the House of Representatives
not later than 2 years after the date of enactment of
this Act.
49 USC 31136
note.
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Deadline.
(a) RESEARCH AND TESTING.—The Secretary shall conduct
research and testing to determine the most prevalent causes of
motorcoach fires and the best methods to prevent such fires and
to mitigate the effect of such fires, both inside and outside the
motorcoach. Such research and testing shall consider flammability
of exterior components, smoke suppression, prevention of and resistance to wheel well fires, automatic fire suppression, passenger
evacuation, causation and prevention of motorcoach fires, and
improved fire extinguishers.
(b) STANDARDS.—Not later than 3 years after the date of enactment of this Act, the Secretary may issue fire prevention and
mitigation standards for motorcoaches, based on the results of the
Secretary’s research and testing, taking into account highway size
and weight restrictions applicable to motorcoaches, if the Secretary
determines that such standards meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of
title 49, United States Code.
49 USC 31136
note.
SEC. 32705. OCCUPANT PROTECTION, COLLISION AVOIDANCE, FIRE
CAUSATION, AND FIRE EXTINGUISHER RESEARCH AND
TESTING.
Deadlines.
(a) SAFETY RESEARCH INITIATIVES.—Not later than 3 years after
the date of enactment of this Act, the Secretary shall complete
the following research and testing:
(1) INTERIOR IMPACT PROTECTION.—The Secretary shall
research and test enhanced occupant impact protection technologies for motorcoach interiors to reduce serious injuries for
all passengers of motorcoaches.
(2) COMPARTMENTALIZATION SAFETY COUNTERMEASURES.—
The
Secretary
shall
research
and
test
enhanced
compartmentalization
safety
countermeasures
for
motorcoaches, including enhanced seating designs.
(3) COLLISION AVOIDANCE SYSTEMS.—The Secretary shall
research and test forward and lateral crash warning systems
applications for motorcoaches.
(b) RULEMAKING.—Not later than 2 years after the completion
of each research and testing initiative required under subsection
Deadline.
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126 STAT. 813
(a), the Secretary shall issue final motor vehicle safety standards
if the Secretary determines that such standards meet the requirements and considerations set forth in subsections (a) and (b) of
section 30111 of title 49, United States Code.
SEC. 32706. CONCURRENCE OF RESEARCH AND RULEMAKING.
(a) REQUIREMENTS.—To the extent feasible, the Secretary shall
ensure that research programs are carried out concurrently, and
in a manner that concurrently assesses results, potential countermeasures, costs, and benefits.
(b) AUTHORITY TO COMBINE RULEMAKINGS.—When considering
each of the rulemaking provisions, the Secretary may initiate a
single rulemaking proceeding encompassing all aspects or may combine the rulemakings as the Secretary deems appropriate.
(c) CONSIDERATIONS.—If the Secretary undertakes separate
rulemaking proceedings, the Secretary shall—
(1) consider whether each added aspect of rulemaking may
contribute to addressing the safety need determined to require
rulemaking;
(2) consider the benefits obtained through the safety belts
rulemaking in section 32703(a); and
(3) avoid duplicative benefits, costs, and countermeasures.
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SEC. 32707. IMPROVED OVERSIGHT OF MOTORCOACH SERVICE PROVIDERS.
(a) SAFETY REVIEWS.—Section 31144, as amended by section
32202 of this Act, is amended by adding at the end the following:
‘‘(i) PERIODIC SAFETY REVIEWS OF OWNERS AND OPERATORS
OF INTERSTATE FOR-HIRE COMMERCIAL MOTOR VEHICLES DESIGNED
OR USED TO TRANSPORT PASSENGERS.—
‘‘(1) SAFETY REVIEW.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) determine the safety fitness of each motor carrier of passengers who the Secretary registers under
section 13902 or 31134 through a simple and understandable rating system that allows passengers to compare the safety performance of each such motor carrier;
and
‘‘(ii) assign a safety fitness rating to each such
motor carrier.
‘‘(B) APPLICABILITY.—Subparagraph (A) shall apply—
‘‘(i) to any provider of motorcoach services registered with the Administration after the date of enactment of the Motorcoach Enhanced Safety Act of 2012
beginning not later than 2 years after the date of
such registration; and
‘‘(ii) to any provider of motorcoach services registered with the Administration on or before the date
of enactment of that Act beginning not later than 3
years after the date of enactment of that Act.
‘‘(2) PERIODIC REVIEW.—The Secretary shall establish, by
regulation, a process for monitoring the safety performance
of each motor carrier of passengers on a regular basis following
the assignment of a safety fitness rating, including progressive
intervention to correct unsafe practices.
‘‘(3) ENFORCEMENT STRIKE FORCES.—In addition to the
enhanced monitoring and enforcement actions required under
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49 USC 31136
note.
49 USC 31136
note.
Determination.
Time periods.
Regulations.
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Deadline.
Notice.
Public comments.
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PUBLIC LAW 112–141—JULY 6, 2012
paragraph (2), the Secretary may organize special enforcement
strike forces targeting motor carriers of passengers.
‘‘(4) PERIODIC UPDATE OF SAFETY FITNESS RATING.—In conducting the safety reviews required under this subsection, the
Secretary shall—
‘‘(A) reassess the safety fitness rating of each motor
carrier of passengers not less frequently than once every
3 years; and
‘‘(B) annually assess the safety fitness of certain motor
carriers of passengers that serve primarily urban areas
with high passenger loads.’’.
(b) DISCLOSURE OF SAFETY PERFORMANCE RATINGS OF MOTORCOACH SERVICES AND OPERATIONS.—
(1) DEFINITIONS.—In this subsection:
(A) MOTORCOACH.—
(i) IN GENERAL.—Except as provided in clause (ii),
the term ‘‘motorcoach’’ has the meaning given the term
‘‘over-the-road bus’’ in section 3038(a)(3) of the
Transportation Equity Act for the 21st Century (49
U.S.C. 5310 note).
(ii) EXCLUSIONS.—The term ‘‘motorcoach’’ does not
include—
(I) a bus used in public transportation that
is provided by a State or local government; or
(II) a school bus (as defined in section
30125(a)(1) of title 49, United States Code),
including a multifunction school activity bus.
(B) MOTORCOACH SERVICES AND OPERATIONS.—The
term ‘‘motorcoach services and operations’’ means passenger transportation by a motorcoach for compensation.
(2) REQUIREMENTS FOR THE DISCLOSURE OF SAFETY
PERFORMANCE RATINGS OF MOTORCOACH SERVICES AND OPERATIONS.—
(A) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall establish,
through notice and opportunity for public to comment,
requirements to improve the accessibility to the public
of safety rating information of motorcoach services and
operations.
(B) DISPLAY.—In establishing the requirements under
subparagraph (A), the Secretary shall consider requirements for each motor carrier that owns or leases 1 or
more motorcoaches that transport passengers subject to
the Secretary’s jurisdiction under section 13501 of title
49, United States Code, to prominently display safety fitness information pursuant to section 31144 of title 49,
United States Code—
(i) in each terminal of departure;
(ii) in the motorcoach and visible from a position
exterior to the vehicle at the point of departure, if
the motorcoach does not depart from a terminal; and
(iii) at all points of sale for such motorcoach services and operations.
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126 STAT. 815
SEC. 32708. REPORT ON FEASIBILITY, BENEFITS, AND COSTS OF ESTABLISHING A SYSTEM OF CERTIFICATION OF TRAINING
PROGRAMS.
49 USC 31136
note.
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Not later than 2 years after the date of enactment of this
Act, the Secretary of Transportation shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives that describes the feasibility, benefits,
and costs of establishing a system of certification of public and
private schools and of motor carriers and motorcoach operators
that provide motorcoach driver training.
SEC. 32709. COMMERCIAL DRIVER’S LICENSE PASSENGER ENDORSEMENT REQUIREMENTS.
49 USC 31136
note.
(a) IN GENERAL.—Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall review
and assess the current knowledge and skill testing requirements
for a commercial driver’s license passenger endorsement to determine what improvements to the knowledge test, the examination
of driving skills, and the application of such requirements are
necessary to ensure the safe operation of commercial motor vehicles
designed or used to transport passengers.
(b) REPORT.—Not later than 120 days after completion of the
review and assessment under subsection (a), the Secretary of
Transportation shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
(1) a report on the review and assessment conducted under
subsection (a);
(2) a plan to implement any changes to the knowledge
and skills tests; and
(3) a timeframe by which the Secretary will implement
the changes.
Deadline.
Review.
Assessment.
SEC. 32710. SAFETY INSPECTION PROGRAM FOR COMMERCIAL MOTOR
VEHICLES OF PASSENGERS.
49 USC 31136
note.
Not later than 3 years after the date of enactment of this
Act, the Secretary of Transportation shall complete a rulemaking
proceeding to consider requiring States to establish a program
for annual inspections of commercial motor vehicles designed or
used to transport passengers, including an assessment of—
(1) the risks associated with improperly maintained or
inspected commercial motor vehicles designed or used to transport passengers;
(2) the effectiveness of existing Federal standards for the
inspection of such vehicles in—
(A) mitigating the risks described in paragraph (1);
and
(B) ensuring the safe and proper operation condition
of such vehicles; and
(3) the costs and benefits of a mandatory inspection program.
Deadline.
Regulations.
SEC. 32711. REGULATIONS.
49 USC 31136
note.
Any standard or regulation prescribed or modified pursuant
to the Motorcoach Enhanced Safety Act of 2012 shall be prescribed
or modified in accordance with section 553 of title 5, United States
Code.
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PUBLIC LAW 112–141—JULY 6, 2012
Subtitle H—Safe Highways and
Infrastructure Preservation
SEC. 32801. COMPREHENSIVE TRUCK SIZE AND WEIGHT LIMITS STUDY.
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Deadline.
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(a) TRUCK SIZE AND WEIGHT LIMITS STUDY.—Not later than
45 days after the date of enactment of this Act, the Secretary,
in consultation with each relevant State and other applicable Federal agencies, shall commence a comprehensive truck size and
weight limits study. The study shall—
(1) provide data on accident frequency and evaluate factors
related to accident risk of vehicles that operate with size and
weight limits that are in excess of the Federal law and regulations in each State that allows vehicles to operate with size
and weight limits that are in excess of the Federal law and
regulations, or to operate under a Federal exemption or grandfather right, in comparison to vehicles that do not operate
in excess of Federal law and regulations (other than vehicles
with exemptions or grandfather rights);
(2) evaluate the impacts to the infrastructure in each State
that allows a vehicle to operate with size and weight limits
that are in excess of the Federal law and regulations, or to
operate under a Federal exemption or grandfather right, in
comparison to vehicles that do not operate in excess of Federal
law and regulations (other than vehicles with exemptions or
grandfather rights), including—
(A) the cost and benefits of the impacts in dollars;
(B) the percentage of trucks operating in excess of
the Federal size and weight limits; and
(C) the ability of each State to recover the cost for
the impacts, or the benefits incurred;
(3) evaluate the frequency of violations in excess of the
Federal size and weight law and regulations, the cost of the
enforcement of the law and regulations, and the effectiveness
of the enforcement methods;
(4) assess the impacts that vehicles that operate with size
and weight limits in excess of the Federal law and regulations,
or that operate under a Federal exemption or grandfather right,
in comparison to vehicles that do not operate in excess of
Federal law and regulations (other than vehicles with exemptions or grandfather rights), have on bridges, including the
impacts resulting from the number of bridge loadings;
(5) compare and contrast the potential safety and infrastructure impacts of the current Federal law and regulations
regarding truck size and weight limits in relation to—
(A) six-axle and other alternative configurations of
tractor-trailers; and
(B) where available, safety records of foreign nations
with truck size and weight limits and tractor-trailer
configurations that differ from the Federal law and regulations; and
(6) estimate—
(A) the extent to which freight would likely be diverted
from other surface transportation modes to principal arterial routes and National Highway System intermodal
connectors if alternative truck configuration is allowed to
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126 STAT. 817
operate and the effect that any such diversion would have
on other modes of transportation;
(B) the effect that any such diversion would have on
public safety, infrastructure, cost responsibilities, fuel efficiency, freight transportation costs, and the environment;
(C) the effect on the transportation network of the
United States that allowing alternative truck configuration
to operate would have; and
(D) whether allowing alternative truck configuration
to operate would result in an increase or decrease in the
total number of trucks operating on principal arterial
routes and National Highway System intermodal connectors; and
(7) identify all Federal rules and regulations impacted by
changes in truck size and weight limits.
(b) REPORT.—Not later than 2 years after the date that the
study is commenced under subsection (a), the Secretary shall submit
a final report on the study, including all findings and recommendations, to the Committee on Commerce, Science, and Transportation
and the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives.
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SEC. 32802. COMPILATION OF EXISTING STATE TRUCK SIZE AND
WEIGHT LIMIT LAWS.
(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Secretary, in consultation with the States,
shall begin to compile—
(1) a list for each State, as applicable, that describes each
route of the National Highway System that allows a vehicle
to operate in excess of the Federal truck size and weight limits
that—
(A) was authorized under State law on or before the
date of enactment of this Act; and
(B) was in actual and lawful operation on a regular
or periodic basis (including seasonal operations) on or
before the date of enactment of this Act;
(2) a list for each State, as applicable, that describes—
(A) the size and weight limitations applicable to each
segment of the National Highway System in that State
as listed under paragraph (1);
(B) each combination that exceeds the Interstate
weight limit, but that the Department of Transportation,
other Federal agency, or a State agency has determined
on or before the date of enactment of this Act, could be
or could have been lawfully operated in the State; and
(C) each combination that exceeds the Interstate
weight limit, but that the Secretary determines could have
been lawfully operated on a non-Interstate segment of the
National Highway System in the State on or before the
date of enactment of this Act; and
(3) a list of each State law that designates or allows designation of size and weight limitations in excess of Federal
law and regulations on routes of the National Highway System,
including nondivisible loads.
(b) SPECIFICATIONS.—The Secretary, in consultation with the
States, shall specify whether the determinations under paragraphs
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Lists.
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(1) and (2) of subsection (a) were made by the Department of
Transportation, other Federal agency, or a State agency.
(c) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit a final report of the compilation under subsection (a) to the Committee on Commerce, Science,
and Transportation and the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
Subtitle I—Miscellaneous
PART I—MISCELLANEOUS
SEC. 32911. PROHIBITION OF COERCION.
Section 31136(a) is amended by—
(1) striking ‘‘and’’ at the end of paragraph (3);
(2) striking the period at the end of paragraph (4) and
inserting ‘‘; and’’; and
(3) adding after subsection (4) the following:
‘‘(5) an operator of a commercial motor vehicle is not coerced
by a motor carrier, shipper, receiver, or transportation intermediary to operate a commercial motor vehicle in violation
of a regulation promulgated under this section, or chapter
51 or chapter 313 of this title.’’.
SEC. 32912. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
Section 4144(d) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (49 U.S.C. 31100
note), is amended by striking ‘‘June 30, 2012’’ and inserting ‘‘September 30, 2013’’.
SEC. 32913. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS.
Web posting.
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Federal Register,
publication.
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(a) EXEMPTION STANDARDS.—Section 31315(b)(4) is amended—
(1) in subparagraph (A), by inserting ‘‘(or, in the case
of a request for an exemption from the physical qualification
standards for commercial motor vehicle drivers, post on a web
site established by the Secretary to implement the requirements
of section 31149)’’ after ‘‘Federal Register’’;
(2) by amending subparagraph (B) to read as follows:
‘‘(B) UPON GRANTING A REQUEST.—Upon granting a
request and before the effective date of the exemption,
the Secretary shall publish in the Federal Register (or,
in the case of an exemption from the physical qualification
standards for commercial motor vehicle drivers, post on
a web site established by the Secretary to implement the
requirements of section 31149) the name of the person
granted the exemption, the provisions from which the person is exempt, the effective period, and the terms and
conditions of the exemption.’’; and
(3) in subparagraph (C), by inserting ‘‘(or, in the case
of a request for an exemption from the physical qualification
standards for commercial motor vehicle drivers, post on a web
site established by the Secretary to implement the requirements
of section 31149)’’ after ‘‘Federal Register’’.
(b) PROVIDING NOTICE OF EXEMPTIONS TO STATE PERSONNEL.—
Section 31315(b)(7) is amended to read as follows:
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‘‘(7) NOTIFICATION OF STATE COMPLIANCE AND ENFORCEMENT PERSONNEL.—Before the effective date of an exemption,
the Secretary shall notify a State safety compliance and enforcement agency, and require the agency to notify the State’s roadside inspectors, that a person will be operating pursuant to
an exemption and the terms and conditions that apply to the
exemption.’’.
(c) PILOT PROGRAMS.—Section 31315(c)(1) is amended by
striking ‘‘in the Federal Register’’.
(d) REPORT TO CONGRESS.—Section 31315 is amended by adding
after subsection (d) the following:
‘‘(e) REPORT TO CONGRESS.—The Secretary shall submit an
annual report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives listing the
waivers, exemptions, and pilot programs granted under this section,
and any impacts on safety.
‘‘(f) WEB SITE.—The Secretary shall ensure that the Federal
Motor Carrier Safety Administration web site includes a link to
the web site established by the Secretary to implement the requirements under sections 31149 and 31315. The link shall be in a
clear and conspicuous location on the home page of the Federal
Motor Carrier Safety Administration web site and be easily accessible to the public.’’.
Public
information.
SEC. 32914. REGISTRATION REQUIREMENTS.
wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
(a) REQUIREMENTS FOR REGISTRATION.—Section 13901 is
amended to read as follows:
‘‘§ 13901. Requirements for registration
‘‘(a) IN GENERAL.—A person may provide transportation as
a motor carrier subject to jurisdiction under subchapter I of chapter
135 or service as a freight forwarder subject to jurisdiction under
subchapter III of such chapter, or service as a broker for transportation subject to jurisdiction under subchapter I of such chapter
only if the person is registered under this chapter to provide such
transportation or service.
‘‘(b) REGISTRATION NUMBERS.—
‘‘(1) IN GENERAL.—If the Secretary registers a person under
this chapter to provide transportation or service, including as
a motor carrier, freight forwarder, or broker, the Secretary
shall issue a distinctive registration number to the person
for each such authority to provide transportation or service
for which the person is registered.
‘‘(2) TRANSPORTATION OR SERVICE TYPE INDICATOR.—A
number issued under paragraph (1) shall include an indicator
of the type of transportation or service for which the registration
number is issued, including whether the registration number
is issued for registration of a motor carrier, freight forwarder,
or broker.
‘‘(c) SPECIFICATION OF AUTHORITY.—For each agreement to provide transportation or service for which registration is required
under this chapter, the registrant shall specify, in writing, the
authority under which the person is providing such transportation
or service.’’.
(b) AVAILABILITY OF INFORMATION.—
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PUBLIC LAW 112–141—JULY 6, 2012
(1) IN GENERAL.—Chapter 139 is amended by adding at
the end the following:
Public
information.
Web posting.
‘‘§ 13909. Availability of information
‘‘The Secretary shall make information relating to registration
and financial security required by this chapter publicly available
on the Internet, including—
‘‘(1) the names and business addresses of the principals
of each entity holding such registration;
‘‘(2) the status of such registration; and
‘‘(3) the electronic address of the entity’s surety provider
for the submission of claims.’’.
(2) CONFORMING AMENDMENT.—The analysis for chapter
139 is amended by adding at the end the following:
‘‘13909. Availability of information.’’.
SEC. 32915. ADDITIONAL MOTOR CARRIER REGISTRATION REQUIREMENTS.
Section 13902, as amended by sections 32101 and 32107(a)
of this Act, is amended—
(1) in subsection (a)—
(A) in paragraph (1), by inserting ‘‘using self-propelled
vehicles the motor carrier owns, rents, or leases’’ after
‘‘motor carrier’’; and
(B) by adding at the end the following:
‘‘(6) SEPARATE REGISTRATION REQUIRED.—A motor carrier
may not broker transportation services unless the motor carrier
has registered as a broker under this chapter.’’; and
(2) by inserting after subsection (h) the following:
‘‘(i) REGISTRATION AS FREIGHT FORWARDER OR BROKER
REQUIRED.—A motor carrier registered under this chapter—
‘‘(1) may only provide transportation of property with—
‘‘(A) self-propelled motor vehicles owned or leased by
the motor carrier; or
‘‘(B) interchanges under regulations issued by the Secretary if the originating carrier—
‘‘(i) physically transports the cargo at some point;
and
‘‘(ii) retains liability for the cargo and for payment
of interchanged carriers; and
‘‘(2) may not arrange transportation described in paragraph
(1) unless the motor carrier has obtained a separate registration
as a freight forwarder or broker for transportation under section
13903 or 13904, as applicable.’’.
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SEC. 32916. REGISTRATION OF FREIGHT FORWARDERS AND BROKERS.
(a) REGISTRATION OF FREIGHT FORWARDERS.—Section 13903,
as amended by section 32107(b) of this Act, is amended—
(1) in subsection (a)—
(A) by striking ‘‘finds that the person is fit’’ and
inserting the following: ‘‘determines that the person—
‘‘(1) has sufficient experience to qualify the person to act
as a freight forwarder; and
‘‘(2) is fit’’; and
(B) by striking ‘‘and the Board’’;
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 821
(3) by inserting after subsection (a) the following:
‘‘(b) DURATION.—A registration issued under subsection (a) shall
only remain in effect while the freight forwarder is in compliance
with section 13906(c).
‘‘(c) EXPERIENCE OR TRAINING REQUIREMENT.—Each freight forwarder shall employ, as an officer, an individual who—
‘‘(1) has at least 3 years of relevant experience; or
‘‘(2) provides the Secretary with satisfactory evidence of
the individual’s knowledge of related rules, regulations, and
industry practices.’’; and
(4) by amending subsection (d), as redesignated, to read
as follows:
‘‘(d) REGISTRATION AS MOTOR CARRIER REQUIRED.—
‘‘(1) IN GENERAL.—A freight forwarder may not provide
transportation as a motor carrier unless the freight forwarder
has registered separately under this chapter to provide
transportation as a motor carrier.’’.
(b) REGISTRATION OF BROKERS.—Section 13904, as amended
by section 32107(c) of this Act, is amended—
(1) in subsection (a), by striking ‘‘finds that the person
is fit’’ and inserting the following: ‘‘determines that the person—
‘‘(1) has sufficient experience to qualify the person to act
as a broker for transportation; and
‘‘(2) is fit’’;
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (d), (e), (f), and (g) respectively;
(3) by inserting after subsection (a) the following:
‘‘(b) DURATION.—A registration issued under subsection (a) shall
only remain in effect while the broker for transportation is in
compliance with section 13906(b).
‘‘(c) EXPERIENCE OR TRAINING REQUIREMENTS.—Each broker
shall employ, as an officer, an individual who—
‘‘(1) has at least 3 years of relevant experience; or
‘‘(2) provides the Secretary with satisfactory evidence of
the individual’s knowledge of related rules, regulations, and
industry practices.’’;
(4) by amending subsection (d), as redesignated, to read
as follows:
‘‘(d) REGISTRATION AS MOTOR CARRIER REQUIRED.—
‘‘(1) IN GENERAL.—A broker for transportation may not
provide transportation as a motor carrier unless the broker
has registered separately under this chapter to provide
transportation as a motor carrier.
‘‘(2) LIMITATION.—This subsection does not apply to a motor
carrier registered under this chapter or to an employee or
agent of the motor carrier to the extent the transportation
is to be provided entirely by the motor carrier, with other
registered motor carriers, or with rail or water carriers.’’; and
(5) by amending subsection (e), as redesignated, to read
as follows:
‘‘(e) REGULATION TO PROTECT MOTOR CARRIERS AND SHIPPERS.—
Regulations of the Secretary applicable to brokers registered under
this section shall provide for the protection of motor carriers and
shippers by motor vehicle.’’.
SEC. 32917. EFFECTIVE PERIODS OF REGISTRATION.
Section 13905(c) is amended to read as follows:
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(c) EFFECTIVE PERIOD.—
‘‘(1) IN GENERAL.—Except as otherwise provided in this
part, each registration issued under section 13902, 13903, or
13904—
‘‘(A) shall be effective beginning on the date specified
by the Secretary; and
‘‘(B) shall remain in effect for such period as the Secretary determines appropriate by regulation.
‘‘(2) REISSUANCE OF REGISTRATION.—
‘‘(A) REQUIREMENT.—Not later than 4 years after the
date of enactment of the Commercial Motor Vehicle Safety
Enhancement Act of 2012, the Secretary shall require a
freight forwarder or broker to renew its registration issued
under this chapter.
‘‘(B) EFFECTIVE PERIOD.—Each registration renewal
under subparagraph (A)—
‘‘(i) shall expire not later than 5 years after the
date of such renewal; and
‘‘(ii) may be further renewed as provided under
this chapter.’’.
Deadline.
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SEC. 32918. FINANCIAL SECURITY OF BROKERS AND FREIGHT FORWARDERS.
(a) IN GENERAL.—Section 13906 is amended by striking subsections (b) and (c) and inserting the following:
‘‘(b) BROKER FINANCIAL SECURITY REQUIREMENTS.—
‘‘(1) REQUIREMENTS.—
‘‘(A) IN GENERAL.—The Secretary may register a person
as a broker under section 13904 only if the person files
with the Secretary a surety bond, proof of trust fund,
or other financial security, or a combination thereof, in
a form and amount, and from a provider, determined by
the Secretary to be adequate to ensure financial responsibility.
‘‘(B) USE OF A GROUP SURETY BOND, TRUST FUND, OR
OTHER SURETY.—In implementing the standards established by subparagraph (A), the Secretary may authorize
the use of a group surety bond, trust fund, or other financial
security, or a combination thereof, that meets the requirements of this subsection.
‘‘(C) PROOF OF TRUST OR OTHER FINANCIAL SECURITY.—
For purposes of subparagraph (A), a trust fund or other
financial security may be acceptable to the Secretary only
if the trust fund or other financial security consists of
assets readily available to pay claims without resort to
personal guarantees or collection of pledged accounts
receivable.
‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.—
‘‘(A) PAYMENT OF CLAIMS.—A surety bond, trust fund,
or other financial security obtained under paragraph (1)
shall be available to pay any claim against a broker arising
from its failure to pay freight charges under its contracts,
agreements, or arrangements for transportation subject to
jurisdiction under chapter 135 if—
‘‘(i) subject to the review by the surety provider,
the broker consents to the payment;
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126 STAT. 823
‘‘(ii) in any case in which the broker does not
respond to adequate notice to address the validity of
the claim, the surety provider determines that the
claim is valid; or
‘‘(iii) the claim is not resolved within a reasonable
period of time following a reasonable attempt by the
claimant to resolve the claim under clauses (i) and
(ii), and the claim is reduced to a judgment against
the broker.
‘‘(B) RESPONSE OF SURETY PROVIDERS TO CLAIMS.—If
a surety provider receives notice of a claim described in
subparagraph (A), the surety provider shall—
‘‘(i) respond to the claim on or before the 30th
day following the date on which the notice was
received; and
‘‘(ii) in the case of a denial, set forth in writing
for the claimant the grounds for the denial.
‘‘(C) COSTS AND ATTORNEY’S FEES.—In any action
against a surety provider to recover on a claim described
in subparagraph (A), the prevailing party shall be entitled
to recover its reasonable costs and attorney’s fees.
‘‘(3) MINIMUM FINANCIAL SECURITY.—Each broker subject
to the requirements of this section shall provide financial security of $75,000 for purposes of this subsection, regardless of
the number of branch offices or sales agents of the broker.
‘‘(4) CANCELLATION NOTICE.—If a financial security required
under this subsection is canceled—
‘‘(A) the holder of the financial security shall provide
electronic notification to the Secretary of the cancellation
not later than 30 days before the effective date of the
cancellation; and
‘‘(B) the Secretary shall immediately post such notification on the public Internet Website of the Department
of Transportation.
‘‘(5) SUSPENSION.—The Secretary shall immediately suspend the registration of a broker issued under this chapter
if the available financial security of that person falls below
the amount required under this subsection.
‘‘(6) PAYMENT OF CLAIMS IN CASES OF FINANCIAL FAILURE
OR INSOLVENCY.—If a broker registered under this chapter
experiences financial failure or insolvency, the surety provider
of the broker shall—
‘‘(A) submit a notice to cancel the financial security
to the Administrator in accordance with paragraph (4);
‘‘(B) publicly advertise for claims for 60 days beginning
on the date of publication by the Secretary of the notice
to cancel the financial security; and
‘‘(C) pay, not later than 30 days after the expiration
of the 60-day period for submission of claims—
‘‘(i) all uncontested claims received during such
period; or
‘‘(ii) a pro rata share of such claims if the total
amount of such claims exceeds the financial security
available.
‘‘(7) PENALTIES.—
‘‘(A) CIVIL ACTIONS.—Either the Secretary or the
Attorney General of the United States may bring a civil
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Deadline.
Web posting.
Notification.
Public
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Time period.
Deadline.
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126 STAT. 824
PUBLIC LAW 112–141—JULY 6, 2012
action in an appropriate district court of the United States
to enforce the requirements of this subsection or a regulation prescribed or order issued under this subsection. The
court may award appropriate relief, including injunctive
relief.
‘‘(B) CIVIL PENALTIES.—If the Secretary determines,
after notice and opportunity for a hearing, that a surety
provider of a broker registered under this chapter has
violated the requirements of this subsection or a regulation
prescribed under this subsection, the surety provider shall
be liable to the United States for a civil penalty in an
amount not to exceed $10,000.
‘‘(C) ELIGIBILITY.—If the Secretary determines, after
notice and opportunity for a hearing, that a surety provider
of a broker registered under this chapter has violated the
requirements of this subsection or a regulation prescribed
under this subsection, the surety provider shall be ineligible
to provider broker financial security for 3 years.
‘‘(8) DEDUCTION OF COSTS PROHIBITED.—The amount of the
financial security required under this subsection may not be
reduced by deducting attorney’s fees or administrative costs.
‘‘(c) FREIGHT FORWARDER FINANCIAL SECURITY REQUIREMENTS.—
‘‘(1) REQUIREMENTS.—
‘‘(A) IN GENERAL.—The Secretary may register a person
as a freight forwarder under section 13903 only if the
person files with the Secretary a surety bond, proof of
trust fund, other financial security, or a combination of
such instruments, in a form and amount, and from a provider, determined by the Secretary to be adequate to ensure
financial responsibility.
‘‘(B) USE OF A GROUP SURETY BOND, TRUST FUND, OR
OTHER FINANCIAL SECURITY.—In implementing the standards established under subparagraph (A), the Secretary
may authorize the use of a group surety bond, trust fund,
other financial security, or a combination of such
instruments, that meets the requirements of this subsection.
‘‘(C) SURETY BONDS.—A surety bond obtained under
this section may only be obtained from a bonding company
that has been approved by the Secretary of the Treasury.
‘‘(D) PROOF OF TRUST OR OTHER FINANCIAL SECURITY.—
For purposes of subparagraph (A), a trust fund or other
financial security may not be accepted by the Secretary
unless the trust fund or other financial security consists
of assets readily available to pay claims without resort
to personal guarantees or collection of pledged accounts
receivable.
‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.—
‘‘(A) PAYMENT OF CLAIMS.—A surety bond, trust fund,
or other financial security obtained under paragraph (1)
shall be available to pay any claim against a freight forwarder arising from its failure to pay freight charges under
its contracts, agreements, or arrangements for transportation subject to jurisdiction under chapter 135 if—
‘‘(i) subject to the review by the surety provider,
the freight forwarder consents to the payment;
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126 STAT. 825
‘‘(ii) in the case the freight forwarder does not
respond to adequate notice to address the validity of
the claim, the surety provider determines the claim
is valid; or
‘‘(iii) the claim—
‘‘(I) is not resolved within a reasonable period
of time following a reasonable attempt by the
claimant to resolve the claim under clauses (i)
and (ii); and
‘‘(II) is reduced to a judgment against the
freight forwarder.
‘‘(B) RESPONSE OF SURETY PROVIDERS TO CLAIMS.—If
a surety provider receives notice of a claim described in
subparagraph (A), the surety provider shall—
‘‘(i) respond to the claim on or before the 30th
day following receipt of the notice; and
‘‘(ii) in the case of a denial, set forth in writing
for the claimant the grounds for the denial.
‘‘(C) COSTS AND ATTORNEY’S FEES.—In any action
against a surety provider to recover on a claim described
in subparagraph (A), the prevailing party shall be entitled
to recover its reasonable costs and attorney’s fees.
‘‘(3) FREIGHT FORWARDER INSURANCE.—
‘‘(A) IN GENERAL.—The Secretary may register a person
as a freight forwarder under section 13903 only if the
person files with the Secretary a surety bond, insurance
policy, or other type of financial security that meets standards prescribed by the Secretary.
‘‘(B) LIABILITY INSURANCE.—A financial security filed
by a freight forwarder under subparagraph (A) shall be
sufficient to pay an amount, not to exceed the amount
of the financial security, for each final judgment against
the freight forwarder for bodily injury to, or death of,
an individual, or loss of, or damage to, property (other
than property referred to in subparagraph (C)), resulting
from the negligent operation, maintenance, or use of motor
vehicles by, or under the direction and control of, the
freight forwarder while providing transfer, collection, or
delivery service under this part.
‘‘(C) CARGO INSURANCE.—The Secretary may require
a registered freight forwarder to file with the Secretary
a surety bond, insurance policy, or other type of financial
security approved by the Secretary, that will pay an
amount, not to exceed the amount of the financial security,
for loss of, or damage to, property for which the freight
forwarder provides service.
‘‘(4) MINIMUM FINANCIAL SECURITY.—Each freight forwarder
subject to the requirements of this section shall provide financial security of $75,000, regardless of the number of branch
offices or sales agents of the freight forwarder.
‘‘(5) CANCELLATION NOTICE.—If a financial security required
under this subsection is canceled—
‘‘(A) the holder of the financial security shall provide
electronic notification to the Secretary of the cancellation
not later than 30 days before the effective date of the
cancellation; and
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Deadline.
Deadline.
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Notice.
Public
information.
Time period.
Deadline.
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49 USC 13906
note.
49 USC 13906
note.
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(B) the Secretary shall immediately post such notification on the public Internet web site of the Department
of Transportation.
‘‘(6) SUSPENSION.—The Secretary shall immediately suspend the registration of a freight forwarder issued under this
chapter if its available financial security falls below the amount
required under this subsection.
‘‘(7) PAYMENT OF CLAIMS IN CASES OF FINANCIAL FAILURE
OR INSOLVENCY.—If a freight forwarder registered under this
chapter experiences financial failure or insolvency, the surety
provider of the freight forwarder shall—
‘‘(A) submit a notice to cancel the financial security
to the Administrator in accordance with paragraph (5);
‘‘(B) publicly advertise for claims for 60 days beginning
on the date of publication by the Secretary of the notice
to cancel the financial security; and
‘‘(C) pay, not later than 30 days after the expiration
of the 60-day period for submission of claims—
‘‘(i) all uncontested claims received during such
period; or
‘‘(ii) a pro rata share of such claims if the total
amount of such claims exceeds the financial security
available.
‘‘(8) PENALTIES.—
‘‘(A) CIVIL ACTIONS.—Either the Secretary or the
Attorney General may bring a civil action in an appropriate
district court of the United States to enforce the requirements of this subsection or a regulation prescribed or order
issued under this subsection. The court may award appropriate relief, including injunctive relief.
‘‘(B) CIVIL PENALTIES.—If the Secretary determines,
after notice and opportunity for a hearing, that a surety
provider of a freight forwarder registered under this
chapter has violated the requirements of this subsection
or a regulation prescribed under this subsection, the surety
provider shall be liable to the United States for a civil
penalty in an amount not to exceed $10,000.
‘‘(C) ELIGIBILITY.—If the Secretary determines, after
notice and opportunity for a hearing, that a surety provider
of a freight forwarder registered under this chapter has
violated the requirements of this subsection or a regulation
prescribed under this subsection, the surety provider shall
be ineligible to provide freight forwarder financial security
for 3 years
‘‘(9) DEDUCTION OF COSTS PROHIBITED.—The amount of the
financial security required under this subsection may not be
reduced by deducting attorney’s fees or administrative costs.’’.
(b) RULEMAKING.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations to implement
and enforce the requirements under subsections (b) and (c) of section
13906 of title 49, United States Code, as amended by subsection
(a).
(c) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on the date that is 1 year after the date
of enactment of this Act.
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126 STAT. 827
SEC. 32919. UNLAWFUL BROKERAGE ACTIVITIES.
(a) IN GENERAL.—Chapter 149 is amended by adding at the
end the following:
‘‘SEC. 14916. UNLAWFUL BROKERAGE ACTIVITIES.
‘‘(a) PROHIBITED ACTIVITIES.—A person may provide interstate
brokerage services as a broker only if that person—
‘‘(1) is registered under, and in compliance with, section
13904; and
‘‘(2) has satisfied the financial security requirements under
section 13906.
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to—
‘‘(1) a non-vessel-operating common carrier (as defined in
section 40102 of title 46) or an ocean freight forwarder (as
defined in section 40102 of title 46) when arranging for inland
transportation as part of an international through movement
involving ocean transportation between the United States and
a foreign port;
‘‘(2) a customs broker licensed in accordance with section
111.2 of title 19, Code of Federal Regulations, only to the
extent that the customs broker is engaging in a movement
under a customs bond or in a transaction involving customs
business, as defined by section 111.1 of title 19, Code of Federal
Regulations; or
‘‘(3) an indirect air carrier holding a Standard Security
Program approved by the Transportation Security Administration, only to the extent that the indirect air carrier is engaging
in the activities as an air carrier as defined in section 40102(2)
or in the activities defined in section 40102(3).
‘‘(c) CIVIL PENALTIES AND PRIVATE CAUSE OF ACTION.—Any
person who knowingly authorizes, consents to, or permits, directly
or indirectly, either alone or in conjunction with any other person,
a violation of subsection (a) is liable—
‘‘(1) to the United States Government for a civil penalty
in an amount not to exceed $10,000 for each violation; and
‘‘(2) to the injured party for all valid claims incurred without regard to amount.
‘‘(d) LIABLE PARTIES.—The liability for civil penalties and for
claims under this section for unauthorized brokering shall apply,
jointly and severally—
‘‘(1) to any corporate entity or partnership involved; and
‘‘(2) to the individual officers, directors, and principals of
such entities.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 149 is
amended by adding at the end the following:
Applicability.
‘‘14916. Unlawful brokerage activities.’’.
PART II—HOUSEHOLD GOODS
TRANSPORTATION
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SEC. 32921. ADDITIONAL REGISTRATION REQUIREMENTS FOR HOUSEHOLD GOODS MOTOR CARRIERS.
(a) Section 13902(a)(2) is amended—
(1) in subparagraph (B), by striking ‘‘section 13702(c);’’
and inserting ‘‘section 13702(c); and’’;
(2) by amending subparagraph (C) to read as follows:
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Regulations.
Review.
Deadline.
49 USC 13902
note.
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(C) demonstrates, before being registered, through
successful completion of a proficiency examination established by the Secretary, knowledge and intent to comply
with applicable Federal laws relating to consumer protection, estimating, consumers’ rights and responsibilities, and
options for limitations of liability for loss and damage.’’;
and
(3) by striking subparagraph (D).
(b) COMPLIANCE REVIEWS OF NEW HOUSEHOLD GOODS MOTOR
CARRIERS.—Section 31144(g), as amended by section 32102 of this
Act, is amended by adding at the end the following:
‘‘(6) ADDITIONAL REQUIREMENTS FOR HOUSEHOLD GOODS
MOTOR CARRIERS.—(A) In addition to the requirements of this
subsection, the Secretary shall require, by regulation, each
registered household goods motor carrier to undergo a consumer
protection standards review not later than 18 months after
the household goods motor carrier begins operations under
such authority.
‘‘(B) ELEMENTS.—In the regulations issued pursuant
to subparagraph (A), the Secretary shall establish the elements of the consumer protections standards review,
including basic management controls. In establishing the
elements, the Secretary shall consider the effects on small
businesses and shall consider establishing alternate locations where such reviews may be conducted for the convenience of small businesses.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect 2 years after the date of enactment of this Act.
SEC. 32922. FAILURE TO GIVE UP POSSESSION OF HOUSEHOLD GOODS.
Criteria.
(a) INJUNCTIVE RELIEF.—Section 14704(a)(1) is amended by
striking ‘‘and 14103’’ and inserting ‘‘, 14103, and 14915(c)’’.
(b) CIVIL PENALTIES.—Section 14915(a)(1) is amended by adding
at the end the following:
‘‘The United States may assign all or a portion of the civil
penalty to an aggrieved shipper. The Secretary of Transportation
shall establish criteria upon which such assignments shall be made.
The Secretary may order, after notice and an opportunity for a
proceeding, that a person found holding a household goods shipment
hostage return the goods to an aggrieved shipper.’’.
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SEC. 32923. SETTLEMENT AUTHORITY.
(a) SETTLEMENT OF GENERAL CIVIL PENALTIES.—Section 14901
is amended by adding at the end the following:
‘‘(h) SETTLEMENT OF HOUSEHOLD GOODS CIVIL PENALTIES.—
Nothing in this section shall be construed to prohibit the Secretary
from accepting partial payment of a civil penalty as part of a
settlement agreement in the public interest, or from holding imposition of any part of a civil penalty in abeyance.’’.
(b) SETTLEMENT OF HOUSEHOLD GOODS CIVIL PENALTIES.—Section 14915(a) is amended by adding at the end the following:
‘‘(4) SETTLEMENT AUTHORITY.—Nothing in this section shall
be construed as prohibiting the Secretary from accepting partial
payment of a civil penalty as part of a settlement agreement
in the public interest, or from holding imposition of any part
of a civil penalty in abeyance.’’.
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126 STAT. 829
PART III—TECHNICAL AMENDMENTS
SEC. 32931. UPDATE OF OBSOLETE TEXT.
(a) Section 31137(g), as redesignated by section 32301 of this
Act, is amended by striking ‘‘Not later than December 1, 1990,
the Secretary shall prescribe’’ and inserting ‘‘The Secretary shall
maintain’’.
(b) Section 31151(a) is amended—
(1) by amending paragraph (1) to read as follows:
‘‘(1) IN GENERAL.—The Secretary of Transportation shall
maintain a program to ensure that intermodal equipment used
to transport intermodal containers is safe and systematically
maintained.’’; and
(2) by striking paragraph (4).
(c) Section 31307(b) is amended by striking ‘‘Not later than
December 18, 1994, the Secretary shall prescribe’’ and inserting
‘‘The Secretary shall maintain’’.
(d) Section 31310(g)(1) is amended by striking ‘‘Not later than
1 year after the date of enactment of this Act, the’’ and inserting
‘‘The’’.
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SEC. 32932. CORRECTION OF INTERSTATE COMMERCE COMMISSION
REFERENCES.
(a) SAFETY INFORMATION AND INTERVENTION IN INTERSTATE
COMMERCE COMMISSION PROCEEDINGS.—Chapter 3 is amended—
(1) by repealing section 307;
(2) in the analysis, by striking the item relating to section
307;
(3) in section 333(d)(1)(C), by striking ‘‘Interstate Commerce
Commission’’ and inserting ‘‘Surface Transportation Board’’;
and
(4) in section 333(e)—
(A) by striking ‘‘Interstate Commerce Commission’’ and
inserting ‘‘Surface Transportation Board’’; and
(B) by striking ‘‘Commission’’ and inserting ‘‘Board’’.
(b) FILING AND PROCEDURE FOR APPLICATION TO ABANDON OR
DISCONTINUE.—Section 10903(b)(2) is amended by striking ‘‘24706(c)
of this title’’ and inserting ‘‘24706(c) of this title before May 31,
1998’’.
(c) TECHNICAL AMENDMENTS TO PART C OF SUBTITLE V.—
(1) Section 24307(b)(3) is amended by striking ‘‘Interstate
Commerce Commission’’ and inserting ‘‘Surface Transportation
Board’’.
(2) Section 24311 is amended—
(A) by striking ‘‘Interstate Commerce Commission’’ and
inserting ‘‘Surface Transportation Board’’;
(B) by striking ‘‘Commission’’ each place it appears
and inserting ‘‘Board’’; and
(C) by striking ‘‘Commission’s’’ and inserting ‘‘Board’s’’.
(3) Section 24902 is amended—
(A) by striking ‘‘Interstate Commerce Commission’’
each place it appears and inserting ‘‘Surface Transportation
Board’’; and
(B) by striking ‘‘Commission’’ each place it appears
and inserting ‘‘Board’’.
(4) Section 24904 is amended—
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PUBLIC LAW 112–141—JULY 6, 2012
(A) by striking ‘‘Interstate Commerce Commission’’ and
inserting ‘‘Surface Transportation Board’’; and
(B) by striking ‘‘Commission’’ each place it appears
and inserting ‘‘Board’’.
SEC. 32933. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 13905(f)(1)(A) is amended by striking ‘‘section
13904(c)’’ and inserting ‘‘section 13904(e)’’;
(b) Section 14504a(c)(1) is amended—
(1) in subparagraph (C), by striking ‘‘sections’’ and inserting
‘‘section’’; and
(2) in subparagraph (D)(ii)(II) by striking the period at
the end and inserting ‘‘; and’’.
(c) Section 31103(a) is amended by striking ‘‘section
31102(b)(1)(E)’’ and inserting ‘‘section 31102(b)(2)(E)’’.
(d) Section 31103(b) is amended by striking ‘‘authorized by
section 31104(f)(2)’’.
(e) Section 31309(b)(2) is amended by striking ‘‘31308(2)’’ and
inserting ‘‘31308(3)’’.
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49 USC 31136
note.
SEC. 32934. EXEMPTIONS FROM REQUIREMENTS FOR COVERED FARM
VEHICLES.
(a) FEDERAL REQUIREMENTS.—A covered farm vehicle, including
the individual operating that vehicle, shall be exempt from the
following:
(1) Any requirement relating to commercial driver’s licenses
established under chapter 313 of title 49, United States Code.
(2) Any requirement relating to drug-testing established
under chapter 313 of title 49, United States Code.
(3) Any requirement relating to medical certificates established under—
(A) subchapter III of chapter 311 of title 49, United
States Code; or
(B) chapter 313 of title 49, United States Code.
(4) Any requirement relating to hours of service established
under—
(A) subchapter III of chapter 311 of title 49, United
States Code; or
(B) chapter 315 of title 49, United States Code.
(5) Any requirement relating to vehicle inspection, repair,
and maintenance established under—
(A) subchapter III of chapter 311 of title 49, United
States Code; or
(B) chapter 315 of title 49, United States Code.
(b) STATE REQUIREMENTS.—
(1) IN GENERAL.—Federal transportation funding to a State
may not be terminated, limited, or otherwise interfered with
as a result of the State exempting a covered farm vehicle,
including the individual operating that vehicle, from any State
requirement relating to the operation of that vehicle.
(2) EXCEPTION.—Paragraph (1) does not apply with respect
to a covered farm vehicle transporting hazardous materials
that require a placard.
(c) COVERED FARM VEHICLE DEFINED.—
(1) IN GENERAL.—In this section, the term ‘‘covered farm
vehicle’’ means a motor vehicle (including an articulated motor
vehicle)—
(A) that—
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 831
(i) is traveling in the State in which the vehicle
is registered or another State;
(ii) is operated by—
(I) a farm owner or operator;
(II) a ranch owner or operator; or
(III) an employee or family member of an individual specified in subclause (I) or (II);
(iii) is transporting to or from a farm or ranch—
(I) agricultural commodities;
(II) livestock; or
(III) machinery or supplies;
(iv) except as provided in paragraph (2), is not
used in the operations of a for-hire motor carrier; and
(v) is equipped with a special license plate or other
designation by the State in which the vehicle is registered to allow for identification of the vehicle as
a farm vehicle by law enforcement personnel; and
(B) that has a gross vehicle weight rating or gross
vehicle weight, whichever is greater, that is—
(i) 26,001 pounds or less; or
(ii) greater than 26,001 pounds and traveling
within the State or within 150 air miles of the farm
or ranch with respect to which the vehicle is being
operated.
(2) INCLUSION.—In this section, the term ‘‘covered farm
vehicle’’ includes a motor vehicle that meets the requirements
of paragraph (1) (other than paragraph (1)(A)(iv)) and—
(A) is operated pursuant to a crop share farm lease
agreement;
(B) is owned by a tenant with respect to that agreement; and
(C) is transporting the landlord’s portion of the crops
under that agreement.
(d) SAFETY STUDY.—The Secretary of Transportation shall conduct a study of the exemption required by subsection (a) as follows:
(1) Data and analysis of covered farm vehicles shall
include—
(A) the number of vehicles that are operated subject
to each of the regulatory exemptions permitted under subsection (a);
(B) the number of drivers that operate covered farm
vehicles subject to each of the regulatory exemptions permitted under subsection (a);
(C) the number of crashes involving covered farm
vehicles;
(D) the number of occupants and non-occupants injured
in crashes involving covered farm vehicles;
(E) the number of fatalities of occupants and nonoccupants killed in crashes involving farm vehicles;
(F) crash investigations and accident reconstruction
investigations of all fatalities in crashes involving covered
farm vehicles;
(G) overall operating mileage of covered farm vehicles;
(H) numbers of covered farm vehicles that operate
in neighboring States; and
(I) any other data the Secretary deems necessary to
analyze and include.
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PUBLIC LAW 112–141—JULY 6, 2012
(2) A listing of State regulations issued and maintained
in each State that are identical to the Federal regulations
that are subject to exemption in subsection (a).
(3) The Secretary shall report the findings of the study
to the appropriate committees of Congress not later than 18
months after the date of enactment of this Act.
(e) CONSTRUCTION.—Nothing in this section shall be construed
as authority for the Secretary of Transportation to prescribe regulations.
Lists.
Reports.
Deadline.
Hazardous
Materials
Transportation
Safety
Improvement Act
of 2012.
TITLE
III—HAZARDOUS
MATERIALS
TRANSPORTATION SAFETY IMPROVEMENT ACT OF 2012
49 USC 5101
note.
SEC. 33001. SHORT TITLE.
49 USC 5101
note.
SEC. 33002. DEFINITION.
This title may be cited as the ‘‘Hazardous Materials Transportation Safety Improvement Act of 2012’’.
In this title, the term ‘‘Secretary’’ means the Secretary of
Transportation.
SEC. 33003. 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 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.
SEC. 33004. 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 Secretary that the emergency responders
who receive training under the grant will have the ability
to protect nearby persons, property, and the environment from
the effects of accidents or incidents involving the transportation
of hazardous material in accordance with existing regulations
or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials.’’;
(2) in subsection (j)—
(A) in paragraph (1), by striking ‘‘funds’’ and all that
follows through ‘‘fighting fires for’’ and inserting ‘‘funds
and through a competitive process, make a grant or make
grants to national nonprofit fire service organizations for’’;
(B) in paragraph (3)(A), by striking ‘‘train’’ and
inserting ‘‘provide training, including portable training,
for’’;
(C) in paragraph (4)—
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Certification.
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126 STAT. 833
(i) by striking ‘‘train’’ and inserting ‘‘provide
training, including portable training, for’’; and
(ii) by inserting ‘‘comply with Federal regulations
and national consensus standards for hazardous materials response and’’ after ‘‘training course shall’’;
(D) by redesignating paragraph (5) as paragraph (8);
and
(E) by inserting after paragraph (4) the following:
‘‘(5) The Secretary may not award a grant to an organization under this subsection unless the organization ensures that
emergency responders who receive training under the grant
will have the ability to protect nearby persons, property, and
the environment from the effects of accidents or incidents
involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection
Association standards for competence of responders to accidents
and incidents involving hazardous materials.
‘‘(6) Notwithstanding paragraphs (1) and (3), to the extent
determined appropriate by the Secretary, a grant awarded by
the Secretary to an organization under this subsection to conduct hazardous material response training programs may be
used to train individuals with responsibility to respond to
accidents and incidents involving hazardous material.
‘‘(7) For the purposes of this subsection, the term ‘portable
training’ means live, instructor-led training provided by certified fire service instructors that can be offered in any suitable
setting, rather than specific designated facilities. Under this
training delivery model, instructors travel to locations convenient to students and utilize local facilities and resources.’’; and
(3) in subsection (k)—
(A) by striking ‘‘annually’’ and inserting ‘‘an annual
report’’;
(B) by inserting ‘‘the report’’ after ‘‘make available’’;
(C) by striking ‘‘information’’ and inserting ‘‘. The
report submitted under this subsection 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 recipient, 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.’’.
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SEC. 33005. 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 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—
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Definition.
49 USC 5121
note.
Urban and rural
areas.
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126 STAT. 834
Consultation.
PUBLIC LAW 112–141—JULY 6, 2012
(1) may not waive the requirements under section 5110
of title 49, United States Code; and
(2) shall consult with organizations representing—
(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 material 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 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;
(B) an evaluation of each pilot project, including an
evaluation of the performance of each paperless hazard
communications system in such project;
(C) an assessment of the safety and security impact
of using paperless hazard communications systems,
including any impact on the public, emergency response,
law enforcement, and the conduct of inspections and investigations;
(D) an analysis of the associated benefits and costs
of using the paperless hazard communications systems for
each mode of transportation; and
(E) a recommendation that incorporates the information gathered in subparagraphs (A), (B), (C), and (D) on
whether paperless hazard communications systems should
be permanently incorporated into the Federal hazardous
material transportation safety 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 Senate and the Committee
on Transportation and Infrastructure of the House of Representatives that contains 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 communications system’’
means the use of advanced communications methods, such as wireless communications devices, to convey hazard information between
all parties in the transportation chain, including emergency
responders and law enforcement personnel. The format of communication may be equivalent to that used by the carrier.
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SEC.
33006.
IMPROVING
REPORTING.
DATA
COLLECTION,
ANALYSIS,
AND
(a) ASSESSMENT.—
(1) IN GENERAL.—Not later than 6 months after the date
of enactment of this Act, the Secretary, in consultation with
the Commandant of the United States Coast Guard, as appropriate, shall conduct an assessment to improve the collection,
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126 STAT. 835
analysis, reporting, and use of data related to accidents and
incidents involving the transportation of hazardous material.
(2) REVIEW.—The assessment conducted under this subsection shall review the methods used by the Pipeline and
Hazardous Materials Safety Administration (referred to in this
section as the ‘‘Administration’’) for collecting, analyzing, and
reporting accidents and incidents involving the transportation
of hazardous material, including the adequacy of—
(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 requirements,
including whether such requirements should be expanded
to include shippers and consignees of hazardous materials;
(D) resources of the Administration related to data
collection, analysis, and reporting, including staff and
information technology; and
(E) the database used by the Administration for
recording and reporting such accidents and incidents,
including the ability of users to adequately search the
database and find information.
(b) DEVELOPMENT OF ACTION PLAN.—Not later than 9 months
after the date of 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 database of the Administration, as appropriate.
(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 Committee on Transportation and Infrastructure
of the House of Representatives.
(d) REPORTING REQUIREMENTS.—Section 5125(b)(1)(D) is
amended by inserting ‘‘and other written hazardous materials
transportation incident reporting involving State or local emergency
responders in the initial response to the incident’’ before the period
at the end.
SEC.
33007.
HAZARDOUS MATERIAL TECHNICAL ASSESSMENT,
RESEARCH AND DEVELOPMENT, AND ANALYSIS PROGRAM.
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(a) IN GENERAL.—Chapter 51 is amended by inserting after
section 5117 the following:
‘‘§ 5118. Hazardous material technical assessment, research
and development, and analysis program
‘‘(a) RISK REDUCTION.—
‘‘(1) PROGRAM AUTHORIZED.—The Secretary of Transportation may develop and implement a hazardous 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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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(B) identifying and evaluating new technologies to
facilitate the safe, secure, and efficient transportation of
hazardous material.
‘‘(2) COORDINATION.—In developing the program under
paragraph (1), the Secretary shall—
‘‘(A) utilize information gathered from other modal
administrations with similar programs; and
‘‘(B) coordinate with other modal administrations, as
appropriate.
‘‘(b) COOPERATION.—In carrying out subsection (a), the Secretary shall work cooperatively with regulated and other entities,
including shippers, carriers, emergency responders, State and local
officials, and academic institutions.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis 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.’’.
49 USC 5121
note.
Deadline.
Standards.
SEC. 33008. HAZARDOUS MATERIAL ENFORCEMENT TRAINING.
(a) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Secretary shall develop uniform
performance standards for training hazardous material inspectors
and investigators on—
(1) how to collect, analyze, and publish findings from
inspections and investigations of accidents or incidents
involving the transportation of hazardous material; and
(2) how to identify noncompliance with regulations issued
under chapter 51 of title 49, United States Code, and take
appropriate enforcement action.
(b) STANDARDS AND GUIDELINES.—The Secretary may develop—
(1) guidelines for hazardous material inspector and investigator qualifications;
(2) best practices and standards for hazardous material
inspector and investigator training programs; and
(3) standard protocols to coordinate investigation efforts
among Federal, State, and local jurisdictions on accidents or
incidents involving the transportation of hazardous material.
(c) AVAILABILITY.—The standards, protocols, and guidelines
established under this section—
(1) shall be mandatory for—
(A) the Department of Transportation’s multimodal
personnel conducting hazardous material enforcement
inspections or investigations; and
(B) State employees who conduct federally funded
compliance reviews, inspections, or investigations; and
(2) shall be made available to Federal, State, and local
hazardous material safety enforcement personnel.
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SEC. 33009. 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:
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126 STAT. 837
‘‘(G) shall provide to the affected offeror, carrier, packaging manufacturer or tester, or other person responsible
for the package reasonable notice of—
‘‘(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 result of a
finding of noncompliance.’’.
(b) REGULATIONS.—
(1) MATTERS TO BE ADDRESSED.—Section 5121(e) is
amended by adding at the end the following:
‘‘(3) MATTERS TO BE ADDRESSED.—The regulations issued
under this subsection shall address—
‘‘(A) the safe and expeditious resumption of transportation of perishable hazardous material, including radiopharmaceuticals and other medical products, that may
require timely delivery 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 corrected; and
‘‘(ii) noncompliant packages that do not present
a hazard are moved to their final destination;
‘‘(C) appropriate training and equipment for inspectors;
and
‘‘(D) the proper closure of packaging in accordance
with the hazardous material regulations.’’.
(2) FINALIZING REGULATIONS.—In accordance with section
5103(b)(2) of title 49, United States Code, not later than 1
year after the date of enactment of this Act, the Secretary
shall take all actions necessary to finalize a regulation under
paragraph (1) of this subsection.
(c) GRANTS AND COOPERATIVE AGREEMENTS.—Section 5121(g)(1)
is amended by inserting ‘‘safety and’’ before ‘‘security’’.
Deadline.
49 USC 5121
note.
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SEC. 33010. CIVIL PENALTIES.
Section 5123 is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘at least $250 but’’; and
(ii) by striking ‘‘$50,000’’ and inserting ‘‘$75,000’’;
(B) in paragraph (2), by striking ‘‘$100,000’’ and
inserting ‘‘$175,000’’; and
(C) by amending paragraph (3) to read as follows:
‘‘(3) If the violation is related to training, a person described
in paragraph (1) shall be liable for a civil penalty of at least
$450.’’; and
(2) by adding at the end the following:
‘‘(h) PENALTY FOR OBSTRUCTION OF INSPECTIONS AND INVESTIGATIONS.—
‘‘(1) The Secretary may impose a penalty on a person
who obstructs or prevents the Secretary from carrying out
inspections or investigations under subsection (c) or (i) of section
5121.
‘‘(2) For the purposes of this subsection, the term ‘obstructs’
means actions that were known, or reasonably should have
been known, to prevent, hinder, or impede an investigation.
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Definition.
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Effective date.
Deadline.
Procedures.
Notification.
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(i) PROHIBITION ON HAZARDOUS MATERIAL OPERATIONS 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 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 penalty 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 enactment of this subsection, the Secretary, after providing
notice and an opportunity for public comment, shall issue regulations that—
‘‘(A) set forth procedures to require a person who is
delinquent in paying civil penalties to cease any activity
regulated under this chapter until payment has been made
or an acceptable payment plan has been arranged; and
‘‘(B) ensures that the person described in subparagraph
(A)—
‘‘(i) is notified in writing; and
‘‘(ii) is given an opportunity to respond before the
person is required to cease the activity.’’.
SEC. 33011. REPORTING OF FEES.
Section 5125(f)(2) is amended by striking ‘‘, upon the Secretary’s
request,’’ and inserting ‘‘biennially’’.
SEC. 33012. SPECIAL PERMITS, APPROVALS, AND EXCLUSIONS.
Deadlines.
49 USC 5117
note.
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Time period.
Notice.
Public comments.
Determination.
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(a) RULEMAKING.—Not later than 2 years after the date of
enactment of this Act, the Secretary, after providing notice and
an opportunity for public comment, 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.
(b) REVIEW OF SPECIAL PERMITS.—
(1) REVIEW.—Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct a review and
analysis of special permits that have been in continuous effect
for a 10-year period to determine which special 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 materials 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 hazardous materials regulations;
and
(D) rulemaking activity in related areas.
(3) RULEMAKING.—After completing the review and analysis
under paragraph (1), but not later than 3 years after the
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126 STAT. 839
date of enactment of this Act, and after providing notice and
opportunity for public comment, the Secretary shall issue regulations to incorporate into the hazardous materials regulations
any special permits identified in the review under paragraph
(1) that the Secretary determines are appropriate for incorporation, based on the factors identified in paragraph (2).
(c) INCORPORATION INTO REGULATION.—Section 5117 is
amended by adding at the end the following:
‘‘(f) INCORPORATION INTO REGULATIONS.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
on which a special permit has been in continuous effect for
a 10-year period, the Secretary shall conduct a review and
analysis of that special permit to determine whether it 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 materials 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 hazardous materials regulations;
and
‘‘(D) rulemaking activity in related areas.
‘‘(3) RULEMAKING.—After completing the review and analysis under paragraph (1) and after providing notice and opportunity for public comment, the Secretary shall either institute
a rulemaking to incorporate the special permit into the hazardous materials regulations or publish in the Federal Register
the Secretary’s justification for why the special permit is not
appropriate for incorporation into the regulations.’’.
Deadline.
Time period.
Review.
Analysis.
Notice.
Public comments.
Federal Register,
publication.
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SEC. 33013. 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 submit to the Secretary, in a form and manner to be determined by the
Secretary and in accordance with subparagraph (B)—
‘‘(i) the name of the State agency responsible for
hazardous material highway route designations; and
‘‘(ii) a list of the State’s currently effective hazardous material highway route designations.
‘‘(B) FREQUENCY.—Each State shall submit 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 designation is established,
amended, or discontinued.’’.
(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.
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Deadline.
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Deadlines.
49 USC 5109
note.
Study.
Reports.
SEC. 33014. MOTOR CARRIER SAFETY PERMITS.
(a) REVIEW.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall conduct a study of, and transmit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on, the implementation
of the hazardous material safety permit program under section
5109 of title 49, United States Code. In conducting the study,
the Secretary shall review, at a minimum—
(1) the list of hazardous materials requiring a safety permit;
(2) the number of permits that have been issued, denied,
revoked, or suspended since inception of the program and the
number of commercial motor carriers that have never had
a permit denied, revoked, or suspended since inception of the
program;
(3) the reasons for such denials, revocations, or suspensions;
(4) the criteria used by the Federal Motor Carrier Safety
Administration to determine whether a hazardous material
safety permit issued by a State is equivalent to the Federal
permit; and
(5) actions the Secretary could implement to improve the
program, including whether to provide opportunities for an
additional level of fitness review prior to the denial, revocation,
or suspension of a safety permit.
(b) ACTIONS TAKEN.—Not later than 2 years after the date
of enactment of this Act, based on the study conducted under
subsection (a), the Secretary shall either institute a rulemaking
to make any necessary improvements to the hazardous materials
safety permit program under section 5109 of title 49, United States
Code or publish in the Federal Register the Secretary’s justification
for why a rulemaking is not necessary.
SEC. 33015. WETLINES.
Deadlines.
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Determination.
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PUBLIC LAW 112–141—JULY 6, 2012
(a) EVALUATION.—Not later than 1 year after the date of enactment of this Act, the United States Government Accountability
Office shall evaluate, and transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives,
a report on the safety of transporting flammable liquids in the
external product piping of cargo tank motor vehicles (commonly
referred to as wetlines). The evaluation shall—
(1) review the safety of transporting flammable liquids
in the external product piping of cargo tank motor vehicles;
(2) accurately quantify the number of incidents involving
the transportation of flammable liquids in external product
piping of cargo tank motor vehicles;
(3) identify various alternatives to loading, transporting,
and unloading flammable liquids in such piping;
(4) examine the costs and benefits of each alternative;
and
(5) identify any obstacles to implementing each alternative.
(b) REGULATIONS.—The Secretary may not issue a final rule
regarding transporting flammable liquids in the external product
piping of cargo tank motor vehicles prior to completion of the
evaluation conducted under subsection (a), or 2 years after the
date of enactment of this Act, whichever is earlier, unless the
Secretary determines that a risk to public safety, property, or
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126 STAT. 841
the environment is present or an imminent hazard (as defined
in section 5102 of title 49, United States Code) exists and that
the regulations will address the risk or hazard.
SEC. 33016. HAZMAT EMPLOYEE TRAINING REQUIREMENTS AND
GRANTS.
Section 5107(e)(2) is amended—
(1) by inserting ‘‘through a competitive process’’ between
‘‘made’’ and ‘‘to’’; and
(2) by striking ‘‘hazmat employee’’.
SEC. 33017. AUTHORIZATION OF APPROPRIATIONS.
Section 5128 is amended to read as follows:
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‘‘§ 5128. Authorization of appropriations
‘‘(a) IN GENERAL.—There are authorized to be appropriated
to the Secretary to carry out this chapter (except sections 5107(e),
5108(g)(2), 5113, 5115, 5116, and 5119)—
‘‘(1) $42,338,000 for fiscal year 2013; and
‘‘(2) $42,762,000 for fiscal year 2014.
‘‘(b) HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS
FUND.—From the Hazardous Materials Emergency Preparedness
Fund established under section 5116(i), the Secretary may expend,
during each of fiscal years 2013 and 2014—
‘‘(1) $188,000 to carry out section 5115;
‘‘(2) $21,800,000 to carry out subsections (a) and (b) of
section 5116, of which not less than $13,650,000 shall be available to carry out section 5116(b);
‘‘(3) $150,000 to carry out section 5116(f);
‘‘(4) $625,000 to publish and distribute the Emergency
Response Guidebook under section 5116(i)(3); and
‘‘(5) $1,000,000 to carry out section 5116(j).
‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.—From the Hazardous Materials Emergency Preparedness Fund established pursuant to section 5116(i), the Secretary may expend $4,000,000 for
each of the fiscal years 2013 and 2014 to carry out section 5107(e).
‘‘(d) CREDITS TO APPROPRIATIONS.—
‘‘(1) EXPENSES.—In addition to amounts otherwise made
available to carry out this chapter, the Secretary may credit
amounts received from a State, Indian tribe, or other public
authority or private entity for expenses the Secretary incurs
in providing training to the State, authority, or entity.
‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts made available
under this section shall remain available until expended.’’.
TITLE IV—SPORT FISH RESTORATION
AND RECREATIONAL BOATING SAFETY ACT OF 2012
Sport Fish
Restoration and
Recreational
Boating Safety
Act of 2012.
SEC. 34001. SHORT TITLE.
16 USC 777 note.
This title may be cited as the ‘‘Sport Fish Restoration and
Recreational Boating Safety Act of 2012’’.
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126 STAT. 842
PUBLIC LAW 112–141—JULY 6, 2012
SEC. 34002. 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 beginning on October 1, 2011,
and ending on June 30, 2012,’’ and inserting ‘‘fiscal year
through 2014,’’; and
(2) in subsection (b)(1)(A), by striking ‘‘of fiscal years 2006
through 2011 and for the period beginning on October 1, 2011,
and ending on March 31, 2012,’’ and inserting ‘‘fiscal year
through 2014,’’.
TITLE V—MISCELLANEOUS
49 USC 40128
note.
SEC. 35001. OVERFLIGHTS IN GRAND CANYON NATIONAL PARK.
(a) DETERMINATIONS WITH RESPECT TO SUBSTANTIAL RESTORANATURAL QUIET AND EXPERIENCE.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, for purposes of section 3(b)(1) of Public Law 100–91 (16
U.S.C. 1a–1 note), the substantial restoration of the natural
quiet and experience of the Grand Canyon National Park (in
this section referred to as the ‘‘Park’’) shall be considered to
be achieved in the Park if, for at least 75 percent of each
day, 50 percent of the Park is free of sound produced by
commercial air tour operations that have an allocation to conduct commercial air tours in the Park as of the date of enactment of this Act.
(2) CONSIDERATIONS.—
(A) IN GENERAL.—For purposes of determining whether
substantial restoration of the natural quiet and experience
of the Park has been achieved in accordance with paragraph (1), the Secretary of the Interior (in this section
referred to as the ‘‘Secretary’’) shall use—
(i) the 2-zone system for the Park in effect on
the date of enactment of this Act to assess impacts
relating to substantial restoration of natural quiet at
the Park, including—
(I) the thresholds for noticeability and audibility; and
(II) the distribution of land between the 2
zones; and
(ii) noise modeling science that is—
(I) developed for use at the Park, specifically
Integrated Noise Model Version 6.2;
(II) validated by reasonable standards for conducting field observations of model results; and
(III) accepted and validated by the Federal
Interagency Committee on Aviation Noise.
(B) SOUND FROM OTHER SOURCES.—The Secretary shall
not consider sound produced by sources other than commercial air tour operations, including sound emitted by other
types of aircraft operations or other noise sources, for purposes of—
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TION OF
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126 STAT. 843
(i) making recommendations, developing a final
plan, or issuing regulations relating to commercial air
tour operations in the Park; or
(ii) determining under paragraph (1) whether
substantial restoration of the natural quiet and experience of the Park has been achieved.
(3) CONTINUED MONITORING.—The Secretary shall continue
monitoring noise from aircraft operating over the Park below
17,999 feet MSL to ensure continued compliance with the
substantial restoration of natural quiet and experience of the
Park.
(4) DAY DEFINED.—For purposes of this section, the term
‘‘day’’ means the hours between 7:00 a.m. and 7:00 p.m.
(b) CONVERSION TO QUIET TECHNOLOGY AIRCRAFT.—
(1) IN GENERAL.—Not later than 15 years after the date
of enactment of this Act, all commercial air tour aircraft 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 regulations in effect
on the day before the date of enactment of this Act).
(2) CONVERSION INCENTIVES.—Not later than 60 days after
the date of enactment of this Act, the Secretary and the
Administrator of the Federal Aviation Administration shall 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 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.
Deadlines.
SEC. 35002. COMMERCIAL AIR TOUR OPERATIONS.
Section 40128(b)(1)(C) of title 49, United States Code, is
amended to read as follows:
‘‘(C) EXCEPTION.—An application to begin or expand
commercial air tour operations at Crater Lake National
Park or Great Smoky Mountains National Park may be
denied without the establishment of an air tour management plan by the Director of the National Park Service
if the Director determines that such operations would
adversely affect park resources or visitor experiences.’’.
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SEC. 35003. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS.
Section 40125 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(d) SEARCH AND RESCUE PURPOSES.—An aircraft described in
section 40102(a)(41)(D) that is not exclusively leased for at least
90 continuous days by the government of a State, the District
of Columbia, or a territory or possession of the United States
or a political subdivision of 1 of those governments, qualifies as
a public aircraft if the Administrator determines that—
‘‘(1) there are extraordinary circumstances;
‘‘(2) the aircraft will be used for the performance of search
and rescue missions;
‘‘(3) a community would not otherwise have access to search
and rescue services; and
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(4) a government entity demonstrates that granting the
waiver is necessary to prevent an undue economic burden on
that government.’’.
Highway
Investment, Job
Creation, and
Economic Growth
Act of 2012.
26 USC 1 note.
DIVISION D—FINANCE
SEC. 40001. SHORT TITLE.
This division may be cited as the ‘‘Highway Investment, Job
Creation, and Economic Growth Act of 2012’’.
TITLE I—EXTENSION OF HIGHWAY
TRUST FUND EXPENDITURE AUTHORITY AND RELATED TAXES
SEC. 40101. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY.
26 USC 9503.
26 USC 9503
note.
(a) HIGHWAY TRUST FUND.—Section 9503 of the Internal Revenue Code of 1986 is amended—
(1) by striking ‘‘July 1, 2012’’ in subsections (b)(6)(B), (c)(1),
and (e)(3) and inserting ‘‘October 1, 2014’’, and
(2) by striking ‘‘Surface Transportation Extension Act of
2012’’ in subsections (c)(1) and (e)(3) and inserting ‘‘MAP-21’’.
(b) SPORT FISH RESTORATION AND BOATING TRUST FUND.—
Section 9504 of the Internal Revenue Code of 1986 is amended—
(1) by striking ‘‘Surface Transportation Extension Act of
2012’’ each place it appears in subsection (b)(2) and inserting
‘‘MAP-21’’, and
(2) by striking ‘‘July 1, 2012’’ in subsection (d)(2) and
inserting ‘‘October 1, 2014’’.
(c) LEAKING UNDERGROUND STORAGE TANK TRUST FUND.—
Paragraph (2) of section 9508(e) of the Internal Revenue Code
of 1986 is amended by striking ‘‘July 1, 2012’’ and inserting ‘‘October
1, 2014’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on July 1, 2012.
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SEC. 40102. EXTENSION OF HIGHWAY-RELATED TAXES.
(a) IN GENERAL.—
(1) Each of the following provisions of the Internal Revenue
Code of 1986 is amended by striking ‘‘June 30, 2012’’ and
inserting ‘‘September 30, 2016’’:
(A) Section 4041(a)(1)(C)(iii)(I).
(B) Section 4041(m)(1)(B).
(C) Section 4081(d)(1).
(2) Each of the following provisions of such Code is amended
by striking ‘‘July 1, 2012’’ and inserting ‘‘October 1, 2016’’:
(A) Section 4041(m)(1)(A).
(B) Section 4051(c).
(C) Section 4071(d).
(D) Section 4081(d)(3).
(b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN HEAVY
VEHICLES.—
(1) IN GENERAL.—Each of the following provisions of the
Internal Revenue Code of 1986 is amended by striking ‘‘2013’’
each place it appears and inserting ‘‘2017’’:
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 845
(A) Section 4481(f).
(B) Section 4482(d).
(2) EXTENSION AND TECHNICAL CORRECTION.—
(A) IN GENERAL.—Paragraph (4) of section 4482(c) of
such Code is amended to read as follows:
‘‘(4) TAXABLE PERIOD.—The term ‘taxable period’ means
any year beginning before July 1, 2017, and the period which
begins on July 1, 2017, and ends at the close of September
30, 2017.’’.
(B) EFFECTIVE DATE.—The amendment made by this
paragraph shall take effect as if included in the amendments made by section 142 of the Surface Transportation
Extension Act of 2011, Part II.
(c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) of the Internal
Revenue Code of 1986 is amended—
(1) by striking ‘‘July 1, 2012’’ each place it appears and
inserting ‘‘October 1, 2016’’,
(2) by striking ‘‘December 31, 2012’’ each place it appears
and inserting ‘‘March 31, 2017’’, and
(3) by striking ‘‘October 1, 2012’’ and inserting ‘‘January
1, 2017’’.
(d) EXTENSION OF CERTAIN EXEMPTIONS.—
(1) Section 4221(a) of the Internal Revenue Code of 1986
is amended by striking ‘‘July 1, 2012’’ and inserting ‘‘October
1, 2016’’.
(2) Section 4483(i) of such Code is amended by striking
‘‘July 1, 2012’’ and inserting ‘‘October 1, 2017’’.
(e) EXTENSION OF TRANSFERS OF CERTAIN TAXES.—
(1) IN GENERAL.—Section 9503 of the Internal Revenue
Code of 1986 is amended—
(A) in subsection (b)—
(i) by striking ‘‘July 1, 2012’’ each place it appears
in paragraphs (1) and (2) and inserting ‘‘October 1,
2016’’,
(ii) by striking ‘‘JULY 1, 2012’’ in the heading of
paragraph (2) and inserting ‘‘OCTOBER 1, 2016’’,
(iii) by striking ‘‘June 30, 2012’’ in paragraph (2)
and inserting ‘‘September 30, 2016’’, and
(iv) by striking ‘‘April 1, 2013’’ in paragraph (2)
and inserting ‘‘July 1, 2017’’, and
(B) in subsection (c)(2), by striking ‘‘April 1, 2013’’
and inserting ‘‘July 1, 2017’’.
(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX TRANSFERS.—
(A) IN GENERAL.—Paragraphs (3)(A)(i) and (4)(A) of
section 9503(c) of such Code are each amended by striking
‘‘July 1, 2012’’ and inserting ‘‘October 1, 2016’’.
(B) CONFORMING AMENDMENTS TO LAND AND WATER
CONSERVATION FUND.—Section 201(b) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
11(b)) is amended—
(i) by striking ‘‘July 1, 2013’’ each place it appears
and inserting ‘‘October 1, 2017’’, and
(ii) by striking ‘‘July 1, 2012’’ and inserting
‘‘October 1, 2016’’.
(f) EFFECTIVE DATE.—Except as otherwise provided in this section, the amendments made by this section shall take effect on
July 1, 2012.
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26 USC 4481.
Definition.
26 USC 4482
note.
16 USC 460l–11
note.
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PUBLIC LAW 112–141—JULY 6, 2012
TITLE II—REVENUE PROVISIONS
Subtitle A—Leaking Underground Storage
Tank Trust Fund
SEC. 40201. TRANSFER FROM LEAKING UNDERGROUND STORAGE TANK
TRUST FUND TO HIGHWAY TRUST FUND.
26 USC 9508.
Appropriation
authorization.
(a) IN GENERAL.—Subsection (c) of section 9508 of the Internal
Revenue Code of 1986 is amended—
(1) by striking ‘‘Amounts’’ and inserting:
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
amounts’’, and
(2) by adding at the end the following new paragraph:
‘‘(2) TRANSFER TO HIGHWAY TRUST FUND.—Out of amounts
in the Leaking Underground Storage Tank Trust Fund there
is hereby appropriated $2,400,000,000 to be transferred under
section 9503(f)(3) to the Highway Account (as defined in section
9503(e)(5)(B)) in the Highway Trust Fund.’’.
(b) TRANSFER TO HIGHWAY TRUST FUND.—
(1) IN GENERAL.—Subsection (f) of section 9503 of the
Internal Revenue Code of 1986 is amended by inserting after
paragraph (2) the following new paragraph:
‘‘(3) INCREASE IN FUND BALANCE.—There is hereby transferred to the Highway Account (as defined in subsection
(e)(5)(B)) in the Highway Trust Fund amounts appropriated
from the Leaking Underground Storage Tank Trust Fund under
section 9508(c)(2).’’.
(2) CONFORMING AMENDMENTS.—Paragraph (4) of section
9503(f) of such Code is amended—
(A) by inserting ‘‘or transferred’’ after ‘‘appropriated’’,
and
(B) by striking ‘‘APPROPRIATED’’ in the heading thereof.
Subtitle B—Pension Provisions
PART I—PENSION FUNDING STABILIZATION
SEC. 40211. PENSION FUNDING STABILIZATION.
(a) AMENDMENTS TO INTERNAL REVENUE CODE OF 1986.—
(1) IN GENERAL.—Subparagraph (C) of section 430(h)(2)
of the Internal Revenue Code of 1986 is amended by adding
at the end the following new clause:
‘‘(iv) SEGMENT RATE STABILIZATION.—
‘‘(I) IN GENERAL.—If a segment rate described
in clause (i), (ii), or (iii) with respect to any
applicable month (determined without regard to
this clause) is less than the applicable minimum
percentage, or more than the applicable maximum
percentage, of the average of the segment rates
described in such clause for years in the 25-year
period ending with September 30 of the calendar
year preceding the calendar year in which the
plan year begins, then the segment rate described
in such clause with respect to the applicable month
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126 STAT. 847
shall be equal to the applicable minimum percentage or the applicable maximum percentage of such
average, whichever is closest. The Secretary shall
determine such average on an annual basis and
may prescribe equivalent rates for years in any
such 25-year period for which the rates described
in any such clause are not available.
‘‘(II) APPLICABLE MINIMUM PERCENTAGE;
APPLICABLE MAXIMUM PERCENTAGE.—For purposes
of subclause (I), the applicable minimum percentage and the applicable maximum percentage for
a plan year beginning in a calendar year shall
be determined in accordance with the following
table:
The applicable minimum percentage is:
‘‘If the calendar year is:
wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
2012
2013
2014
2015
After
.........................................................
.........................................................
.........................................................
.........................................................
2015 ...............................................
90%
85%
80%
75%
70%
The applicable maximum percentage is:
110%
115%
120%
125%
130%.’’.
(2) CONFORMING AMENDMENTS.—
(A) Paragraph (6) of section 404(o) of such Code is
amended by inserting ‘‘(determined by not taking into
account any adjustment under clause (iv) of subsection
(h)(2)(C) thereof)’’ before the period.
(B) Subparagraph (F) of section 430(h)(2) of such Code
is amended by inserting ‘‘and the averages determined
under subparagraph (C)(iv)’’ after ‘‘subparagraph (C)’’.
(C) Subparagraphs (C) and (D) of section 417(e)(3)
of such Code are each amended by striking ‘‘section
430(h)(2)(C)’’ and inserting ‘‘section 430(h)(2)(C) (determined by not taking into account any adjustment under
clause (iv) thereof)’’.
(D) Section 420 of such Code is amended by adding
at the end the following new subsection:
‘‘(g) SEGMENT RATES DETERMINED WITHOUT PENSION STABILIZATION.—For purposes of this section, section 430 shall be applied
without regard to subsection (h)(2)(C)(iv) thereof.’’.
(b) AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY
ACT OF 1974.—
(1) IN GENERAL.—Subparagraph (C) of section 303(h)(2)
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1083(h)(2)) is amended by adding at the end the following new clause:
‘‘(iv) SEGMENT RATE STABILIZATION.—
‘‘(I) IN GENERAL.—If a segment rate described
in clause (i), (ii), or (iii) with respect to any
applicable month (determined without regard to
this clause) is less than the applicable minimum
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26 USC 404.
Applicability.
Time period.
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PUBLIC LAW 112–141—JULY 6, 2012
percentage, or more than the applicable maximum
percentage, of the average of the segment rates
described in such clause for years in the 25-year
period ending with September 30 of the calendar
year preceding the calendar year in which the
plan year begins, then the segment rate described
in such clause with respect to the applicable month
shall be equal to the applicable minimum percentage or the applicable maximum percentage of such
average, whichever is closest. The Secretary of the
Treasury shall determine such average on an
annual basis and may prescribe equivalent rates
for years in any such 25-year period for which
the rates described in any such clause are not
available.
‘‘(II) APPLICABLE MINIMUM PERCENTAGE;
APPLICABLE MAXIMUM PERCENTAGE.—For purposes
of subclause (I), the applicable minimum percentage and the applicable maximum percentage for
a plan year beginning in a calendar year shall
be determined in accordance with the following
table:
Determination.
The applicable minimum percentage is:
‘‘If the calendar year is:
2012
2013
2014
2015
After
.........................................................
.........................................................
.........................................................
.........................................................
2015 ...............................................
The applicable maximum percentage is:
90%
85%
80%
75%
70%
110%
115%
120%
125%
130%.’’.
wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
(2) DISCLOSURE OF EFFECT OF SEGMENT RATE STABILIZATION
ON PLAN FUNDING.—
(A) IN GENERAL.—Paragraph (2) of section 101(f) of
such Act (29 U.S.C. 1021(f)) is amended by adding at
the end the following new subparagraph:
‘‘(D) EFFECT OF SEGMENT RATE STABILIZATION ON PLAN
FUNDING.—
‘‘(i) IN GENERAL.—In the case of a single-employer
plan for an applicable plan year, each notice under
paragraph (1) shall include—
‘‘(I) a statement that the MAP-21 modified
the method for determining the interest rates used
to determine the actuarial value of benefits earned
under the plan, providing for a 25-year average
of interest rates to be taken into account in addition to a 2-year average,
‘‘(II) a statement that, as a result of the MAP21, the plan sponsor may contribute less money
to the plan when interest rates are at historical
lows, and
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 849
‘‘(III) a table which shows (determined both
with and without regard to section 303(h)(2)(C)(iv))
the funding target attainment percentage (as
defined in section 303(d)(2)), the funding shortfall
(as defined in section 303(c)(4)), and the minimum
required contribution (as determined under section
303), for the applicable plan year and each of
the 2 preceding plan years.
‘‘(ii) APPLICABLE PLAN YEAR.—For purposes of this
subparagraph, the term ‘applicable plan year’ means
any plan year beginning after December 31, 2011, and
before January 1, 2015, for which—
‘‘(I) the funding target (as defined in section
303(d)(2)) is less than 95 percent of such funding
target determined without regard to section
303(h)(2)(C)(iv),
‘‘(II) the plan has a funding shortfall (as
defined in section 303(c)(4) and determined without regard to section 303(h)(2)(C)(iv)) greater than
$500,000, and
‘‘(III) the plan had 50 or more participants
on any day during the preceding plan year.
For purposes of any determination under subclause
(III), the aggregation rule under the last sentence of
section 303(g)(2)(B) shall apply.
‘‘(iii) SPECIAL RULE FOR PLAN YEARS BEGINNING
BEFORE 2012.—In the case of a preceding plan year
referred to in clause (i)(III) which begins before
January 1, 2012, the information described in such
clause shall be provided only without regard to section
303(h)(2)(C)(iv).’’.
(B) MODEL NOTICE.—The Secretary of Labor shall
modify the model notice required to be published under
section 501(c) of the Pension Protection Act of 2006 to
prominently include the information described in section
101(f)(2)(D) of the Employee Retirement Income Security
Act of 1974, as added by this paragraph.
(3) CONFORMING AMENDMENTS.—
(A) Subparagraph (F) of section 303(h)(2) of such Act
(29 U.S.C. 1083(h)(2)) is amended by inserting ‘‘and the
averages determined under subparagraph (C)(iv)’’ after
‘‘subparagraph (C)’’.
(B) Clauses (ii) and (iii) of section 205(g)(3)(B) of such
Act (29 U.S.C. 1055(g)(3)(B)) are each amended by striking
‘‘section 303(h)(2)(C)’’ and inserting ‘‘section 303(h)(2)(C)
(determined by not taking into account any adjustment
under clause (iv) thereof)’’.
(C) Clause (iv) of section 4006(a)(3)(E) of such Act
(29 U.S.C. 1306(a)(3)(E)) is amended by striking ‘‘section
303(h)(2)(C)’’ and inserting ‘‘section 303(h)(2)(C) (notwithstanding any regulations issued by the corporation, determined by not taking into account any adjustment under
clause (iv) thereof)’’.
(D) Section 4010(d) of such Act (29 U.S.C. 1310(d))
is amended by adding at the end the following:
‘‘(3) PENSION STABILIZATION DISREGARDED.—For purposes
of this section, the segment rates used in determining the
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Definition.
29 USC 1021
note.
Determination.
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PUBLIC LAW 112–141—JULY 6, 2012
funding target and funding target attainment percentage shall
be determined by not taking into account any adjustment under
section 302(h)((2)(C)(iv).’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall apply with respect to plan years beginning after December
31, 2011.
(2) RULES WITH RESPECT TO ELECTIONS.—
(A) ADJUSTED FUNDING TARGET ATTAINMENT PERCENTAGE.—A plan sponsor may elect not to have the amendments made by this section apply to any plan year beginning before January 1, 2013, either (as specified in the
election)—
(i) for all purposes for which such amendments
apply, or
(ii) solely for purposes of determining the adjusted
funding target attainment percentage under sections
436 of the Internal Revenue Code of 1986 and 206(g)
of the Employee Retirement Income Security Act of
1974 for such plan year.
A plan shall not be treated as failing to meet the requirements of sections 204(g) of such Act and 411(d)(6) of such
Code solely by reason of an election under this paragraph.
(B) OPT OUT OF EXISTING ELECTIONS.—If, on the date
of the enactment of this Act, an election is in effect with
respect to any plan under sections 303(h)((2)(D)(ii) of the
Employee Retirement Income Security Act of 1974 and
430(h)((2)(D)(ii) of the Internal Revenue Code of 1986, then,
notwithstanding the last sentence of each such section,
the plan sponsor may revoke such election without the
consent of the Secretary of the Treasury. The plan sponsor
may make such revocation at any time before the date
which is 1 year after such date of enactment and such
revocation shall be effective for the 1st plan year to which
the amendments made by this section apply and all subsequent plan years. Nothing in this subparagraph shall preclude a plan sponsor from making a subsequent election
in accordance with such sections.
Applicability.
26 USC 1404
note.
PART II—PBGC PREMIUMS
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Time periods.
SEC. 40221. SINGLE EMPLOYER PLAN ANNUAL PREMIUM RATES.
(a) FLAT-RATE PREMIUM.—
(1) IN GENERAL.—Clause (i) of section 4006(a)(3)(A) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1306(a)(3)(A)) is amended to read as follows:
‘‘(i) in the case of a single-employer plan, an amount for
each individual who is a participant in such plan during the
plan year equal to the sum of the additional premium (if
any) determined under subparagraph (E) and—
‘‘(I) for plan years beginning after December 31, 2005,
and before January 1, 2013, $30;
‘‘(II) for plan years beginning after December 31, 2012,
and before January 1, 2014, $42; and
‘‘(III) for plan years beginning after December 31, 2013,
$49.’’.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 851
(2) ADJUSTMENT FOR INFLATION.—Subparagraph (F) of section 4006(a)(3) of such Act (29 U.S.C. 1306(a)(3)) is amended—
(A) in clause (i)(II), by inserting ‘‘(2012 in the case
of plan years beginning after calendar year 2014)’’ after
‘‘2004’’; and
(B) by adding at the end the following new sentence:
‘‘This subparagraph shall not apply to plan years beginning
in 2013 or 2014.’’.
(b) VARIABLE-RATE PREMIUM.—
(1) IN GENERAL.—Subparagraph (E)(ii) of section 4006(a)(3)
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1306(a)(3)) is amended by striking ‘‘$9.00’’ and inserting
‘‘the applicable dollar amount under paragraph (8)’’.
(2) APPLICABLE DOLLAR AMOUNT.—Section 4006(a) of such
Act (29 U.S.C. 1306(a)) is amended by adding at the end the
following:
‘‘(8) APPLICABLE DOLLAR AMOUNT FOR VARIABLE RATE PREMIUM.—For purposes of paragraph (3)(E)(ii)—
‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), the applicable dollar amount shall
be—
‘‘(i) $9 for plan years beginning in a calendar year
before 2015;
‘‘(ii) for plan years beginning in calendar year 2015,
the amount in effect for plan years beginning in 2014
(determined after application of subparagraph (C)); and
‘‘(iii) for plan years beginning after calendar year
2015, the amount in effect for plan years beginning
in 2015 (determined after application of subparagraph
(C)).
‘‘(B) ADJUSTMENT FOR INFLATION.—For each plan year
beginning in a calendar year after 2012, there shall be
substituted for the applicable dollar amount specified under
subparagraph (A) an amount equal to the greater of—
‘‘(i) the product derived by multiplying such
applicable dollar amount for plan years beginning in
that calendar year by the ratio of—
‘‘(I) the national average wage index (as
defined in section 209(k)(1) of the Social Security
Act) for the first of the 2 calendar years preceding
the calendar year in which such plan year begins,
to
‘‘(II) the national average wage index (as so
defined) for the base year; and
‘‘(ii) such applicable dollar amount in effect for
plan years beginning in the preceding calendar year.
If the amount determined under this subparagraph is not
a multiple of $1, such product shall be rounded to the
nearest multiple of $1.
‘‘(C) ADDITIONAL INCREASE IN 2014 AND 2015.—The
applicable dollar amount determined under subparagraph
(A) (after the application of subparagraph (B)) shall be
increased—
‘‘(i) in the case of plan years beginning in calendar
year 2014, by $4; and
‘‘(ii) in the case of plan years beginning in calendar
year 2015, by $5.
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(D) BASE YEAR.—For purposes of subparagraph (B),
the base year is—
‘‘(i) 2010, in the case of plan years beginning in
calendar year 2013 or 2014;
‘‘(ii) 2012, in the case of plan years beginning
in calendar year 2015; and
‘‘(iii) 2013, in the case of plan years beginning
after calendar year 2015.’’.
(3) CAP.—
(A) IN GENERAL.—Subparagraph (E)(i) of section
4006(a)(3) of such Act (29 U.S.C. 1306(a)(3)) is amended
by striking ‘‘for any plan year shall be’’ and all that follows
through the end and inserting the following ‘‘for any plan
year—
‘‘(I) shall be an amount equal to the amount determined
under clause (ii) divided by the number of participants in
such plan as of the close of the preceding plan year; and
‘‘(II) in the case of plan years beginning in a calendar
year after 2012, shall not exceed $400.’’.
(B) ADJUSTMENT FOR INFLATION.—Paragraph (3) of section 4006(a) of such Act (29 U.S.C. 1306(a)(3)), as amended
by this Act, is amended by adding at the end the following:
‘‘(J) For each plan year beginning in a calendar year after
2013, there shall be substituted for the dollar amount specified
in subclause (II) of subparagraph (E)(i) an amount equal to the
greater of—
‘‘(i) the product derived by multiplying such dollar amount
by the ratio of—
‘‘(I) the national average wage index (as defined in
section 209(k)(1) of the Social Security Act) for the first
of the 2 calendar years preceding the calendar year in
which such plan year begins, to
‘‘(II) the national average wage index (as so defined)
for 2011; and
‘‘(ii) such dollar amount for plan years beginning in the
preceding calendar year.
If the amount determined under this subparagraph is not a multiple
of $1, such product shall be rounded to the nearest multiple of
$1.’’.
wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
Time periods.
SEC. 40222. MULTIEMPLOYER ANNUAL PREMIUM RATES.
(a) IN GENERAL.—Subparagraph (A) of section 4006(a)(3) of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1306(a)(3)) is amended—
(1) by inserting ‘‘and before January 1, 2013,’’ after
‘‘December 31, 2005,’’ in clause (iv),
(2) by striking ‘‘or’’ at the end of clause (iii),
(3) by striking the period at the end of clause (iv) and
inserting ‘‘, or’’, and
(4) by adding at the end the following new clause:
‘‘(v) in the case of a multiemployer plan, for plan years
beginning after December 31, 2012, $12.00 for each individual
who is a participant in such plan during the applicable plan
year.’’.
(b) INFLATION ADJUSTMENT.—Paragraph (3) of section 4006(a)
of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1306(a)(3)) is amended by adding at the end the following:
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 853
‘‘(I) For each plan year beginning in a calendar year after
2013, there shall be substituted for the premium rate specified
in clause (v) of subparagraph (A) an amount equal to the greater
of—
‘‘(i) the product derived by multiplying the premium rate
specified in clause (v) of subparagraph (A) by the ratio of—
‘‘(I) the national average wage index (as defined in
section 209(k)(1) of the Social Security Act) for the first
of the 2 calendar years preceding the calendar year in
which such plan year begins, to
‘‘(II) the national average wage index (as so defined)
for 2011; and
‘‘(ii) the premium rate in effect under clause (v) of subparagraph (A) for plan years beginning in the preceding calendar
year.
If the amount determined under this subparagraph is not a multiple
of $1, such product shall be rounded to the nearest multiple of
$1.’’.
PART III—IMPROVEMENTS OF PBGC
wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
SEC. 40231. PENSION BENEFIT GUARANTY CORPORATION GOVERNANCE IMPROVEMENT.
(a) BOARD OF DIRECTORS OF THE PENSION BENEFIT GUARANTY
CORPORATION.—
(1) IN GENERAL.—Section 4002(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302(d)) is
amended—
(A) by striking ‘‘(d) The board of directors’’ and
inserting ‘‘(d)(1) The board of directors’’; and
(B) by adding at the end the following:
‘‘(2) A majority of the members of the board of directors in
office shall constitute a quorum for the transaction of business.
The vote of the majority of the members present and voting at
a meeting at which a quorum is present shall be the act of the
board of directors.
‘‘(3) Each member of the board of directors shall designate
in writing an official, not below the level of Assistant Secretary,
to serve as the voting representative of such member on the board.
Such designation shall be effective until revoked or until a date
or event specified therein. Any such representative may refer for
board action any matter under consideration by the designating
board member, but such representative shall not count toward
establishment of a quorum as described under paragraph (2).
‘‘(4) The Inspector General of the corporation shall report to
the board of directors, and not less than twice a year, shall attend
a meeting of the board of directors to provide a report on the
activities and findings of the Inspector General, including with
respect to monitoring and review of the operations of the corporation.
‘‘(5) The General Counsel of the corporation shall—
‘‘(A) serve as the secretary to the board of directors, and
advise such board as needed; and
‘‘(B) have overall responsibility for all legal matters
affecting the corporation and provide the corporation with legal
advice and opinions on all matters of law affecting the corporation, except that the authority of the General Counsel shall
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Reports.
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Determination.
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PUBLIC LAW 112–141—JULY 6, 2012
not extend to the Office of Inspector General and the independent legal counsel of such Office.
‘‘(6) Notwithstanding any other provision of this Act, the Office
of Inspector General and the legal counsel of such Office are independent of the management of the corporation and the General
Counsel of the corporation.
‘‘(7) The board of directors may appoint and fix the compensation of employees as may be required to enable the board of directors
to perform its duties. The board of directors shall determine the
qualifications and duties of such employees and may appoint and
fix the compensation of experts and consultants in accordance with
the provisions of section 3109 of title 5, United States Code.’’.
(2) NUMBER OF MEETINGS; PUBLIC AVAILABILITY.—Section
4002(e) of such Act (29 U.S.C. 1302(e)) is amended—
(A) by striking ‘‘The board’’ and inserting ‘‘(1) The
board’’;
(B) by striking ‘‘the corporation.’’ and inserting ‘‘the
corporation, but in no case less than 4 times a year with
not fewer than 2 members present. Not less than 1 meeting
of the board of directors during each year shall be a joint
meeting with the advisory committee under subsection
(h).’’; and
(C) by adding at the end the following:
‘‘(2)(A) Except as provided in subparagraph (B), the chairman
of the board of directors shall make available to the public the
minutes from each meeting of the board of directors.
‘‘(B) The minutes of a meeting of the board of directors, or
a portion thereof, shall not be subject to disclosure under subparagraph (A) if the chairman reasonably determines that such minutes,
or portion thereof, contain confidential employer information
including information obtained under section 4010, information
about the investment activities of the corporation, or information
regarding personnel decisions of the corporation.
‘‘(C) The minutes of a meeting, or portion of thereof, exempt
from disclosure pursuant to subparagraph (B) shall be exempt from
disclosure under section 552(b) of title 5, United States Code. For
purposes of such section 552, this subparagraph shall be considered
a statute described in subsection (b)(3) of such section 552.’’.
(3) ADVISORY COMMITTEE.—
(A) ISSUES CONSIDERED BY THE COMMITTEE.—Section
4002(h)(1) of such Act (29 U.S.C. 1302(h)(1)) is amended—
(i) by striking ‘‘, and (D)’’ and inserting ‘‘, (D)’’;
and
(ii) by striking ‘‘time to time.’’ and inserting ‘‘time
to time, and (E) other issues as determined appropriate
by the advisory committee.’’.
(B) JOINT MEETING.—Section 4002(h)(3) of such Act
(29 U.S.C. 1302(h)(3)) is amended by adding at the end
the following: ‘‘Not less than 1 meeting of the advisory
committee during each year shall be a joint meeting with
the board of directors under subsection (e).’’.
(b) AVOIDING CONFLICTS OF INTEREST.—Section 4002 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302)
is amended by adding at the end the following:
‘‘(j) CONFLICTS OF INTEREST.—
‘‘(1) IN GENERAL.—The Director of the corporation and each
member of the board of directors shall not participate in a
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 855
decision of the corporation in which the Director or such
member has a direct financial interest. The Director of the
corporation shall not participate in any activities that would
present a potential conflict of interest or appearance of a conflict
of interest without approval of the board of directors.
‘‘(2) ESTABLISHMENT OF POLICY.—The board of directors
shall establish a policy that will inform the identification of
potential conflicts of interests of the members of the board
of directors and mitigate perceived conflicts of interest of such
members and the Director of the corporation.’’.
(c) RISK MITIGATION.—Section 4002 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1302), as amended by
subsection (b), is further amended by adding at the end the following:
‘‘(k) RISK MANAGEMENT OFFICER.—The corporation shall have
a risk management officer whose duties include evaluating and
mitigating the risk that the corporation might experience. The
individual in such position shall coordinate the risk management
efforts of the corporation, explain risks and controls to senior
management and the board of directors of the corporation, and
make recommendations.’’.
(d) DIRECTOR.—Section 4002(c) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1302(c)) is amended to
read as follows:
‘‘(c) The Director shall be accountable to the board of directors.
The Director shall serve for a term of 5 years unless removed
by the President or the board of directors before the expiration
of such 5-year term.’’.
(e) SENSES OF CONGRESS.—
(1) FORMATION OF COMMITTEES.—It is the sense of Congress
that the board of directors of the Pension Benefit Guaranty
Corporation established under section 4002 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1302), as
amended by this section, should form committees, including
an audit committee and an investment committee composed
of not less than 2 members, to enhance the overall effectiveness
of the board of directors.
(2) ADVISORY COMMITTEE.—It is the sense of Congress that
the advisory committee to the Pension Benefit Guaranty Corporation established under section 4002 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302), as amended
by this section, should provide to the board of directors of
such corporation policy recommendations regarding changes
to the law that would be beneficial to the corporation or the
voluntary private pension system.
(f) STUDY REGARDING GOVERNANCE STRUCTURES.—
(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this Act, the Pension Benefit Guaranty Corporation shall enter into a contract with the National Academy
of Public Administration to conduct the study described in
paragraph (2) with respect to the Pension Benefit Guaranty
Corporation.
(2) CONTENT OF STUDY.—The study conducted under paragraph (1) shall include—
(A) a review of the governance structures of governmental and nongovernmental organizations that are analogous to the Pension Benefit Guaranty Corporation; and
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Recommendations.
29 USC 1302
note.
Deadline.
Contracts.
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PUBLIC LAW 112–141—JULY 6, 2012
(B) recommendations regarding—
(i) the ideal size and composition of the board
of directors of the Pension Benefit Guaranty Corporation;
(ii) procedures to select and remove members of
such board;
(iii) qualifications and term lengths of members
of such board; and
(iv) policies necessary to enhance Congressional
oversight and transparency of such board and to mitigate potential conflicts of interest of the members of
such board.
(3) SUBMISSION TO CONGRESS.—Not later than 1 year after
the initiation of the study under paragraph (1), the National
Academy of Public Administration shall submit the results
of the study to the Committees on Health, Education, Labor,
and Pensions and Finance of the Senate and the Committees
on Education and the Workforce and Ways and Means of the
House of Representatives.
Deadline.
Results.
SEC. 40232. PARTICIPANT AND PLAN SPONSOR ADVOCATE.
(a) IN GENERAL.—Title IV of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1301 et seq.) is amended by inserting
after section 4003 the following:
29 USC 1304.
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Notification.
Deadline.
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‘‘SEC. 4004. PARTICIPANT AND PLAN SPONSOR ADVOCATE.
‘‘(a) IN GENERAL.—The board of directors of the corporation
shall select a Participant and Plan Sponsor Advocate from the
candidates nominated by the advisory committee to the corporation
under section 4002(h)(1) and without regard to the provisions of
title 5, United States Code, relating to appointments in the competitive service or Senior Executive Service.
‘‘(b) DUTIES.—The Participant and Plan Sponsor Advocate
shall—
‘‘(1) act as a liaison between the corporation, sponsors
of defined benefit pension plans insured by the corporation,
and participants in pension plans trusteed by the corporation;
‘‘(2) advocate for the full attainment of the rights of participants in plans trusteed by the corporation;
‘‘(3) assist pension plan sponsors and participants in
resolving disputes with the corporation;
‘‘(4) identify areas in which participants and plan sponsors
have persistent problems in dealings with the corporation;
‘‘(5) to the extent possible, propose changes in the administrative practices of the corporation to mitigate problems;
‘‘(6) identify potential legislative changes which may be
appropriate to mitigate problems; and
‘‘(7) refer instances of fraud, waste, and abuse, and violations of law to the Office of the Inspector General of the
corporation.
‘‘(c) REMOVAL.—If the Participant and Plan Sponsor Advocate
is removed from office or is transferred to another position or
location within the corporation or the Department of Labor, the
board of the directors of the corporation shall communicate in
writing the reasons for any such removal or transfer to Congress
not less than 30 days before the removal or transfer. Nothing
in this subsection shall prohibit a personnel action otherwise
authorized by law, other than transfer or removal.
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126 STAT. 857
‘‘(d) COMPENSATION.—The annual rate of basic pay for the
Participant and Plan Sponsor Advocate shall be the same rate
as the highest rate of basic pay established for the Senior Executive
Service under section 5382 of title 5, United States Code, or, if
the board of directors of the corporation so determines, at a rate
fixed under section 9503 of such title.
‘‘(e) ANNUAL REPORT.—
‘‘(1) IN GENERAL.—Not later than December 31 of each
calendar year, the Participant and Plan Sponsor Advocate shall
report to the Health, Education, Labor, and Pensions Committee of the Senate, the Committee on Finance of the Senate,
the Committee on Education and the Workforce of the House
of Representatives, and the Committee on Ways and Means
of the House of Representatives on the activities of the Office
of the Participant and Plan Sponsor Advocate during the fiscal
year ending during such calendar year.
‘‘(2) CONTENT.—Each report submitted under paragraph
(1) shall—
‘‘(A) summarize the assistance requests received from
participants and plan sponsors and describe the activities,
and evaluate the effectiveness, of the Participant and Plan
Sponsor Advocate during the preceding year;
‘‘(B) identify significant problems the Participant and
Plan Sponsor Advocate has identified;
‘‘(C) include specific legislative and regulatory changes
to address the problems; and
‘‘(D) identify any actions taken to correct problems
identified in any previous report.
‘‘(3) CONCURRENT SUBMISSION.—The Participant and Plan
Sponsor Advocate shall submit a copy of each report to the
Secretary of Labor, the Director of the corporation, and any
other appropriate official at the same time such report is submitted to the committees of Congress under paragraph (1).’’.
(b) ADVISORY COMMITTEE NOMINATIONS.—Section 4002(h)(1) of
the Employee Retirement Income Security Act of 1974 (29
U.S.C.1302(h)(1)) is amended by adding at the end the following
new sentence: ‘‘In the event of a vacancy or impending vacancy
in the office of the Participant and Plan Sponsor Advocate established under section 4004, the Advisory Committee shall, in consultation with the Director of the corporation and participant and
plan sponsor advocacy groups, nominate at least two but no more
than three individuals to serve as the Participant and Plan Sponsor
Advocate.’’.
(c) CLERICAL AMENDMENT.—The table of contents in section
1 of the Employee Retirement Income Security Act of 1974 is
amended by inserting after the item relating to section 4003 the
following new item:
Records.
‘‘4004. Participant and Plan Sponsor Advocate.’’.
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SEC. 40233. QUALITY CONTROL PROCEDURES FOR THE PENSION BENEFIT GUARANTY CORPORATION.
(a) ANNUAL PEER REVIEW OF INSURANCE MODELING SYSTEMS.—
The Pension Benefit Guaranty Corporation shall contract with a
capable agency or organization that is independent from the Corporation, such as the Social Security Administration, to conduct
an annual peer review of the Corporation’s Single-Employer Pension
Insurance Modeling System and the Corporation’s Multiemployer
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Contracts.
29 USC 1302
note.
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Deadline.
29 USC 1302
note.
Records.
PUBLIC LAW 112–141—JULY 6, 2012
Pension Insurance Modeling System. The board of directors of the
Corporation shall designate the agency or organization with which
any such contract is entered into. The first of such annual peer
reviews shall be initiated no later than 3 months after the date
of enactment of this Act.
(b) POLICIES AND PROCEDURES RELATING TO THE POLICY,
RESEARCH, AND ANALYSIS DEPARTMENT.—The Pension Benefit
Guaranty Corporation shall—
(1) develop written quality review policies and procedures
for all modeling and actuarial work performed by the Corporation’s Policy, Research, and Analysis Department; and
(2) conduct a record management review of such Department to determine what records must be retained as Federal
records.
(c) REPORT RELATING TO OIG RECOMMENDATIONS.—Not later
than 2 months after the date of enactment of this Act, the Pension
Benefit Guaranty Corporation shall submit to Congress a report,
approved by the board of directors of the Corporation, setting forth
a timetable for addressing the outstanding recommendations of
the Office of the Inspector General relating to the Policy, Research,
and Analysis Department and the Benefits Administration and
Payment Department.
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SEC. 40234. LINE OF CREDIT REPEAL.
(a) IN GENERAL.—Subsection (c) of section 4005 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1305) is
repealed.
(b) CONFORMING AMENDMENTS.—
(1) Section 4005 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1305) is amended—
(A) in subsection (b)—
(i) paragraph (1)—
(I) by striking subparagraph (A); and
(II) by redesignating subparagraphs (B)
through (G) as subparagraphs (A) through (F),
respectively;
(ii) in paragraph (2)—
(I) by striking subparagraph (C); and
(II) by redesignating subparagraphs (D) and
(E) as subparagraphs (C) and (D), respectively;
and
(iii) in paragraph (3), by striking ‘‘but,’’ and all
that follows through the end and inserting a period;
and
(B) in subsection (g)—
(i) by striking paragraph (2); and
(ii) by redesignating paragraph (3) as paragraph
(2).
(2) Section 4402 of such Act (29 U.S.C. 1461) is amended—
(A) in subsection (c)(4)—
(i) by striking subparagraph (C); and
(ii) by redesignating subparagraph (D) as subparagraph (C); and
(B) in subsection (d), by striking ‘‘or (D)’’.
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126 STAT. 859
PART IV—TRANSFERS OF EXCESS PENSION
ASSETS
SEC. 40241. EXTENSION FOR TRANSFERS OF EXCESS PENSION ASSETS
TO RETIREE HEALTH ACCOUNTS.
(a) IN GENERAL.—Paragraph (5) of section 420(b) of the Internal
Revenue Code of 1986 is amended by striking ‘‘December 31, 2013’’
and inserting ‘‘December 31, 2021’’.
(b) CONFORMING ERISA AMENDMENTS.—
(1) Sections 101(e)(3), 403(c)(1), and 408(b)(13) of the
Employee Retirement Income Security Act of 1974 are each
amended by striking ‘‘Pension Protection Act of 2006’’ and
inserting ‘‘MAP-21’’.
(2) Section 408(b)(13) of such Act (29 U.S.C. 1108(b)(13))
is amended by striking ‘‘January 1, 2014’’ and inserting
‘‘January 1, 2022’’.
(c) EFFECTIVE DATE.—The amendments made by this Act shall
take effect on the date of the enactment of this Act.
26 USC 420.
29 USC 1021,
1103, 1108.
26 USC 420 note.
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SEC. 40242. TRANSFER OF EXCESS PENSION ASSETS TO RETIREE
GROUP TERM LIFE INSURANCE ACCOUNTS.
(a) IN GENERAL.—Subsection (a) of section 420 of the Internal
Revenue Code of 1986 is amended by inserting ‘‘, or an applicable
life insurance account,’’ after ‘‘health benefits account’’.
(b) APPLICABLE LIFE INSURANCE ACCOUNT DEFINED.—
(1) IN GENERAL.—Subsection (e) of section 420 of the
Internal Revenue Code of 1986 is amended by redesignating
paragraphs (4) and (5) as paragraphs (5) and (6), respectively,
and by inserting after paragraph (3) the following new paragraph:
‘‘(4) APPLICABLE LIFE INSURANCE ACCOUNT.—The term
‘applicable life insurance account’ means a separate account
established and maintained for amounts transferred under this
section for qualified current retiree liabilities based on 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 subparagraph (C) the following new subparagraph:
‘‘(D) APPLICABLE LIFE INSURANCE BENEFITS.—The term
‘applicable life insurance benefits’ means group-term life
insurance coverage provided to retired employees who,
immediately before the qualified transfer, are entitled to
receive such coverage by reason of retirement and who
are entitled to pension benefits under the plan, but only
to the extent that such coverage is provided under a policy
for retired employees and the cost of such coverage is
excludable from the retired employee’s gross income under
section 79.’’.
(3) COLLECTIVELY BARGAINED LIFE INSURANCE BENEFITS
DEFINED.—
(A) IN GENERAL.—Paragraph (6) of section 420(f) of
such Code is amended by redesignating subparagraph (D)
as subparagraph (E) and by inserting after subparagraph
(C) the following new subparagraph:
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‘‘(D) COLLECTIVELY BARGAINED LIFE INSURANCE BENEterm ‘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 governing the transfer,
applicable life insurance benefits which will be provided at retirement to employees who are not retired
employees at the time of the transfer.’’.
(B) CONFORMING AMENDMENTS.—
(i) Clause (i) of section 420(e)(1)(C) of such Code
is amended by striking ‘‘upon retirement’’ and inserting
‘‘by reason of retirement’’.
(ii) Subparagraph (C) of section 420(f)(6) of such
Code is amended—
(I) by striking ‘‘which are provided to’’ in the
matter preceding clause (i),
(II) by inserting ‘‘which are provided to’’ before
‘‘retired employees’’ in clause (i),
(III) by striking ‘‘upon retirement’’ in clause
(i) and inserting ‘‘by reason of retirement’’, and
(IV) by striking ‘‘active employees who, following their retirement,’’ and inserting ‘‘which will
be provided at retirement to employees who are
not retired employees at the time of the transfer
and who’’.
(c) MAINTENANCE OF EFFORT.—
(1) IN GENERAL.—Subparagraph (A) of section 420(c)(3) of
the Internal Revenue Code of 1986 is amended by inserting
‘‘, and each group-term life insurance plan under which
applicable life insurance benefits are provided,’’ after ‘‘health
benefits are provided’’.
(2) CONFORMING AMENDMENTS.—
(A) Subparagraph (B) of section 420(c)(3) of such Code
is amended—
(i) by redesignating subclauses (I) and (II) of clause
(i) as subclauses (II) and (III) of such clause, respectively, and by inserting before subclause (II) of such
clause, as so redesignated, the following new subclause:
‘‘(I) separately with respect to applicable
health benefits and applicable life insurance benefits,’’, and
(ii) by striking ‘‘for applicable health benefits’’ and
all that follows in clause (ii) and inserting ‘‘was provided during such taxable year for the benefits with
respect to which the determination under clause (i)
is made.’’.
(B) Subparagraph (C) of section 420(c)(3) of such Code
is amended—
(i) by inserting ‘‘for applicable health benefits’’
after ‘‘applied separately’’, and
(ii) by inserting ‘‘, and separately for applicable
life insurance benefits with respect to individuals age
FITS.—The
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 861
65 or older at any time during the taxable year and
with respect to individuals under age 65 during the
taxable year’’ before the period.
(C) Subparagraph (E) of section 420(c)(3) of such Code
is amended—
(i) in clause (i), by inserting ‘‘or retiree life insurance coverage, as the case may be,’’ after ‘‘retiree health
coverage’’,
(ii) in clause (ii), by inserting ‘‘FOR RETIREE HEALTH
COVERAGE’’ after ‘‘COST REDUCTIONS’’ in the heading
thereof, and
(iii) in clause (ii)(II), by inserting ‘‘with respect
to applicable health benefits’’ after ‘‘liabilities of the
employer’’.
(D) Paragraph (2) of section 420(f) of such Code is
amended by striking ‘‘collectively bargained retiree health
liabilities’’ each place it occurs and inserting ‘‘collectively
bargained retiree liabilities’’.
(E) Clause (i) of section 420(f)(2)(D) of such Code is
amended—
(i) by inserting ‘‘, and each group-term life insurance plan or arrangement under which applicable life
insurance benefits are provided,’’ in subclause (I) after
‘‘applicable health benefits are provided’’,
(ii) by inserting ‘‘or applicable life insurance benefits, as the case may be,’’ in subclause (I) after ‘‘provides
applicable health benefits’’,
(iii) by striking ‘‘group health’’ in subclause (II),
and
(iv) by inserting ‘‘or collectively bargained life
insurance benefits’’ in subclause (II) after ‘‘collectively
bargained health benefits’’.
(F) Clause (ii) of section 420(f)(2)(D) of such Code is
amended—
(i) by inserting ‘‘with respect to applicable health
benefits or applicable life insurance benefits’’ after
‘‘requirements of subsection (c)(3)’’, and
(ii) by adding at the end the following: ‘‘Such election may be made separately with respect to applicable
health benefits and applicable life insurance benefits.
In the case of an election with respect to applicable
life insurance benefits, the first sentence of this clause
shall be applied as if subsection (c)(3) as in effect
before the amendments made by such Act applied to
such benefits.’’.
(G) Clause (iii) of section 420(f)(2)(D) of such Code
is amended—
(i) by striking ‘‘retiree’’ each place it occurs, and
(ii) by inserting ‘‘, collectively bargained life 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 adding 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
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26 USC 420.
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PUBLIC LAW 112–141—JULY 6, 2012
of any cost paid (whether directly or indirectly) with assets held
in an applicable life insurance account (as defined in section
420(e)(4)) under a defined benefit plan.’’.
(e) CONFORMING AMENDMENTS.—
(1) Section 420 of the Internal Revenue Code of 1986 is
amended by striking ‘‘qualified current retiree health liabilities’’
each place it appears and inserting ‘‘qualified current retiree
liabilities’’.
(2) Section 420 of such Code is amended by inserting ‘‘,
or an applicable life insurance account,’’ after ‘‘a health benefits
account’’ each place it appears in subsection (b)(1)(A), 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 account 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 INSURANCE’’ after ‘‘HEALTH BENEFITS’’.
(5) Paragraph (1) of section 420(e) of such Code is
amended—
(A) by inserting ‘‘and applicable life insurance benefits’’
in subparagraph (A) after ‘‘applicable health benefits’’, and
(B) by striking ‘‘HEALTH’’ in the heading thereof.
(6) Subparagraph (B) of section 420(e)(1) of such Code
is amended—
(A) in the matter preceding clause (i), by inserting
‘‘(determined separately for applicable health benefits and
applicable life insurance benefits)’’ after ‘‘shall be reduced
by the amount’’,
(B) in clause (i), by inserting ‘‘or applicable life insurance accounts’’ after ‘‘health benefit accounts’’, and
(C) in clause (i), by striking ‘‘qualified current retiree
health liability’’ and inserting ‘‘qualified current retiree
liability’’.
(7) The heading for subsection (f) of section 420 of such
Code is amended by striking ‘‘HEALTH’’ each place it occurs.
(8) Subclause (II) of section 420(f)(2)(B)(ii) of such Code
is amended by inserting ‘‘or applicable life insurance account,
as the case may be,’’ after ‘‘health benefits account’’.
(9) Subclause (III) of section 420(f)(2)(E)(i) of such Code
is amended—
(A) by inserting ‘‘defined benefit’’ before ‘‘plan maintained by an employer’’, and
(B) by inserting ‘‘health’’ before ‘‘benefit plans maintained by the employer’’.
(10) Paragraphs (4) and (6) of section 420(f) of such Code
are each amended by striking ‘‘collectively bargained retiree
health liabilities’’ each place it occurs and inserting ‘‘collectively
bargained retiree liabilities’’.
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126 STAT. 863
(11) Subparagraph (A) of section 420(f)(6) of such Code
is amended—
(A) in clauses (i) and (ii), by inserting ‘‘, in the case
of a transfer to a health benefits account,’’ before ‘‘his
covered spouse and dependents’’, and
(B) in clause (ii), by striking ‘‘health plan’’ and inserting
‘‘plan’’.
(12) Subparagraph (B) of section 420(f)(6) of such Code
is amended—
(A) in clause (i), by inserting ‘‘, and collectively bargained life insurance benefits,’’ after ‘‘collectively bargained
health benefits’’,
(B) in clause (ii)—
(i) by adding at the end the following: ‘‘The preceding sentence shall be applied separately for collectively bargained health benefits and collectively bargained life insurance benefits.’’, and
(ii) by inserting ‘‘, applicable life insurance
accounts,’’ after ‘‘health benefit accounts’’, and
(C) by striking ‘‘HEALTH’’ in the heading thereof.
(13) Subparagraph (E) of section 420(f)(6) of such Code,
as redesignated by subsection (b), is amended—
(A) by striking ‘‘bargained health’’ and inserting ‘‘bargained’’,
(B) by inserting ‘‘, or a group-term life insurance plan
or arrangement for retired employees,’’ after ‘‘dependents’’,
and
(C) by striking ‘‘HEALTH’’ in the heading thereof.
(14) Section 101(e) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1021(e)) is amended—
(A) in paragraphs (1) and (2), by inserting ‘‘or
applicable life insurance account’’ after ‘‘health benefits
account’’ each place it appears, and
(B) in paragraph (1), by inserting ‘‘or applicable life
insurance benefit liabilities’’ after ‘‘health benefits liabilities’’.
(f) TECHNICAL CORRECTION.—Clause (iii) of section 420(f)(6)(B)
of the Internal Revenue Code of 1986 is amended by striking
‘‘416(I)(1)’’ and inserting ‘‘416(i)(1)’’.
(g) REPEAL OF DEADWOOD.—
(1) Subparagraph (A) of section 420(b)(1) of the Internal
Revenue Code of 1986 is amended by striking ‘‘in a taxable
year beginning after December 31, 1990’’.
(2) Subsection (b) of section 420 of such Code is amended
by striking paragraph (4) and by redesignating paragraph (5),
as amended by this Act, as paragraph (4).
(3) Paragraph (2) of section 420(b) of such Code, as
amended by this section, is amended—
(A) by striking subparagraph (B), and
(B) by striking ‘‘PER YEAR.—’’ and all that follows
through ‘‘No more than’’ and inserting ‘‘PER YEAR.—No
more than’’.
(4) Paragraph (2) of section 420(c) of such Code is
amended—
(A) by striking subparagraph (B),
(B) by moving subparagraph (A) two ems to the left,
and
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(C) by striking ‘‘BEFORE TRANSFER.—’’ and all that follows through ‘‘The requirements of this paragraph’’ and
inserting the following: ‘‘BEFORE TRANSFER.—The requirements of this paragraph’’.
(5) Paragraph (2) of section 420(d) of such Code is amended
by striking ‘‘after December 31, 1990’’.
(h) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall apply to transfers made after the date of the enactment
of this Act.
(2) CONFORMING AMENDMENTS RELATING TO PENSION
PROTECTION ACT.—The amendments made by subsections
(b)(3)(B) and (f) shall take effect as if included in the amendments made by section 841(a) of the Pension Protection Act
of 2006.
26 USC 420.
26 USC 420 note.
Applicability.
Subtitle C—Additional Transfers to
Highway Trust Fund
SEC. 40251. ADDITIONAL TRANSFERS TO HIGHWAY TRUST FUND.
Subsection (f) of section 9503 of the Internal Revenue Code
of 1986, as amended by this Act, is amended by redesignating
paragraph (4) as paragraph (5) and by inserting after paragraph
(3) the following new paragraph:
‘‘(4) ADDITIONAL APPROPRIATIONS TO TRUST FUND.—Out of
money in the Treasury not otherwise appropriated, there is
hereby appropriated to—
‘‘(A) the Highway Account (as defined in subsection
(e)(5)(B)) in the Highway Trust Fund—
‘‘(i) for fiscal year 2013, $6,200,000,000, and
‘‘(ii) for fiscal year 2014, $10,400,000,000, and
‘‘(B) the Mass Transit Account in the Highway Trust
Fund, for fiscal year 2014, $2,200,000,000.’’.
Transportation
Research and
Innovative
Technology Act of
2012.
23 USC 101 note.
DIVISION E—RESEARCH AND
EDUCATION
SEC. 50001. SHORT TITLE.
This division may be cited as the ‘‘Transportation Research
and Innovative Technology Act of 2012’’.
TITLE I—FUNDING
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SEC. 51001. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—The following amounts are authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.—To
carry out sections 503(b), 503(d), and 509 of title 23, United
States Code, $115,000,000 for each of fiscal years 2013 and
2014.
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126 STAT. 865
(2) TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.—
To carry out section 503(c) of title 23, United States Code,
$62,500,000 for each of fiscal years 2013 and 2014.
(3) TRAINING AND EDUCATION.—To carry out section 504
of title 23, United States Code, $24,000,000 for each of fiscal
years 2013 and 2014.
(4) INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.—To
carry out sections 512 through 518 of title 23, United States
Code, $100,000,000 for each of fiscal years 2013 and 2014.
(5) UNIVERSITY TRANSPORTATION CENTERS PROGRAM.—To
carry out section 5505 of title 49, United States Code,
$72,500,000 for each of fiscal years 2013 and 2014.
(6) BUREAU OF TRANSPORTATION STATISTICS.—To carry out
chapter 63 of title 49, United States Code, $26,000,000 for
each of fiscal years 2013 and 2014.
(b) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—Funds
authorized to be appropriated by subsection (a) shall—
(1) be available for obligation in the same manner as if
those funds were apportioned under chapter 1 of title 23, United
States Code, except that the Federal share of the cost of a
project or activity carried out using those funds shall be 80
percent, unless otherwise expressly provided by this Act
(including the amendments by this Act) or otherwise determined by the Secretary; and
(2) remain available until expended and not be transferable.
TITLE II—RESEARCH, TECHNOLOGY,
AND EDUCATION
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SEC. 52001. RESEARCH, TECHNOLOGY, AND EDUCATION.
Definitions.
Section 501 of title 23, United States Code, is amended—
(1) by redesignating paragraph (2) as paragraph (8);
(2) by inserting after paragraph (1) the following:
‘‘(2) INCIDENT.—The term ‘incident’ means a crash, natural
disaster, workzone activity, special event, or other emergency
road user occurrence that adversely affects or impedes the
normal flow of traffic.
‘‘(3) INNOVATION LIFECYCLE.—The term ‘innovation lifecycle’
means the process of innovating through—
‘‘(A) the identification of a need;
‘‘(B) the establishment of the scope of research to
address that need;
‘‘(C) setting an agenda;
‘‘(D) carrying out research, development, deployment,
and testing of the resulting technology or innovation; and
‘‘(E) carrying out an evaluation of the costs and benefits
of the resulting technology or innovation.
‘‘(4) INTELLIGENT TRANSPORTATION INFRASTRUCTURE.—The
term ‘intelligent transportation infrastructure’ means fully
integrated public sector intelligent transportation system
components, as defined by the Secretary.
‘‘(5) INTELLIGENT TRANSPORTATION SYSTEM.—The terms
‘intelligent transportation system’ and ‘ITS’ mean electronics,
photonics, communications, or information processing used
singly or in combination to improve the efficiency or safety
of a surface transportation system.
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‘‘(6) NATIONAL ARCHITECTURE.—For purposes of this
chapter, the term ‘national architecture’ means the common
framework for interoperability that defines—
‘‘(A) the functions associated with intelligent transportation system user services;
‘‘(B) the physical entities or subsystems within which
the functions reside;
‘‘(C) the data interfaces and information flows between
physical subsystems; and
‘‘(D) the communications requirements associated with
the information flows.
‘‘(7) PROJECT.—The term ‘project’ means an undertaking
to research, develop, or operationally test intelligent transportation systems or any other undertaking eligible for assistance
under this chapter.’’; and
(3) by inserting after paragraph (8) (as so redesignated)
the following:
‘‘(9) STANDARD.—The term ‘standard’ means a document
that—
‘‘(A) contains technical specifications or other precise
criteria for intelligent transportation systems that are to
be used consistently as rules, guidelines, or definitions
of characteristics so as to ensure that materials, products,
processes, and services are fit for the intended purposes
of the materials, products, processes, and services; and
‘‘(B) may support the national architecture and promote—
‘‘(i) the widespread use and adoption of intelligent
transportation system technology as a component of
the surface transportation systems of the United
States; and
‘‘(ii) interoperability among intelligent transportation system technologies implemented throughout
the States.’’.
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SEC. 52002. SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT,
AND TECHNOLOGY.
(a) SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, AND
TECHNOLOGY.—Section 502 of title 23, United States Code, is
amended—
(1) in the section heading by inserting ‘‘, development,
and technology’’ after ‘‘surface transportation research’’;
(2) in subsection (a)—
(A) by redesignating paragraphs (1) through (8) as
paragraphs (2) through (9), respectively;
(B) by inserting before paragraph (2) (as redesignated
by subparagraph (A)) the following:
‘‘(1) APPLICABILITY.—The research, development, and technology provisions of this section shall apply throughout this
chapter.’’;
(C) in paragraph (2) (as redesignated by subparagraph
(A))—
(i) by inserting ‘‘within the innovation lifecycle’’
after ‘‘activities’’; and
(ii) by inserting ‘‘communications, impact analysis,’’ after ‘‘training,’’;
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 867
(D) in paragraph (3) (as redesignated by subparagraph
(A))—
(i) in subparagraph (B) by striking ‘‘supports
research in which there is a clear public benefit and’’
and inserting ‘‘delivers a clear public benefit and occurs
where’’;
(ii) in subparagraph (C) by striking ‘‘or’’ after the
semicolon;
(iii) by redesignating subparagraph (D) as subparagraph (I); and
(iv) by inserting after subparagraph (C) the following:
‘‘(D) meets and addresses current or emerging needs;
‘‘(E) addresses current gaps in research;
‘‘(F) presents the best means to align resources with
multiyear plans and priorities;
‘‘(G) ensures the coordination of highway research and
technology transfer activities, including through activities
performed by university transportation centers;
‘‘(H) educates transportation professionals; or’’;
(E) in paragraph (4) (as redesignated by subparagraph
(A)) by striking subparagraphs (B) through (D) and
inserting the following:
‘‘(B) partner with State highway agencies and other
stakeholders as appropriate to facilitate research and technology transfer activities;
‘‘(C) communicate the results of ongoing and completed
research;
‘‘(D) lead efforts to coordinate national emphasis areas
of highway research, technology, and innovation deployment;
‘‘(E) leverage partnerships with industry, academia,
international entities, and State departments of transportation;
‘‘(F) lead efforts to reduce unnecessary duplication of
effort; and
‘‘(G) lead efforts to accelerate innovation delivery.’’;
(F) in paragraph (5)(C) (as redesignated by subparagraph (A)) by striking ‘‘policy and planning’’ and inserting
‘‘all highway objectives seeking to improve the performance
of the transportation system’’;
(G) in paragraph (6) (as redesignated by subparagraph
(A)) in the second sentence, by inserting ‘‘tribal governments,’’ after ‘‘local governments,’’;
(H) in paragraph (8) (as redesignated by subparagraph
(A))—
(i) in the first sentence, by striking ‘‘To the maximum’’ and inserting the following:
‘‘(A) IN GENERAL.—To the maximum’’;
(ii) in the second sentence, by striking ‘‘Performance measures’’ and inserting the following:
‘‘(B) PERFORMANCE MEASURES.—Performance measures’’;
(iii) in the third sentence, by striking ‘‘All evaluations’’ and inserting the following:
‘‘(D) AVAILABILITY OF EVALUATIONS.—All evaluations
under this paragraph’’; and
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126 STAT. 868
(iv) by inserting after subparagraph (B) the following:
‘‘(C) PROGRAM PLAN.—To the maximum extent practicable, each program pursued under this chapter shall
be part of a data-driven, outcome-oriented program plan.’’;
and
(I) in paragraph (9) (as redesignated by subparagraph
(A)), by striking ‘‘surface’’;
(3) in subsection (b)—
(A) in paragraph (4) by striking ‘‘surface transportation
research and technology development strategic plan developed under section 508’’ and inserting ‘‘transportation
research and development strategic plan of the Secretary
developed under section 508’’;
(B) in paragraph (5) by striking ‘‘section’’ each place
it appears and inserting ‘‘chapter’’;
(C) in paragraph (6) by adding at the end the following:
‘‘(C) TRANSFER OF AMOUNTS AMONG STATES OR TO FEDERAL HIGHWAY ADMINISTRATION.—The Secretary may, at
the request of a State, transfer amounts apportioned or
allocated to that State under this chapter to another State
or the Federal Highway Administration to fund research,
development, and technology transfer activities of mutual
interest on a pooled funds basis.
‘‘(D) TRANSFER OF OBLIGATION AUTHORITY.—Obligation
authority for amounts transferred under this subsection
shall be disbursed in the same manner and for the same
amount as provided for the project being transferred.’’;
and
(D) by adding at the end the following:
‘‘(7) PRIZE COMPETITIONS.—
‘‘(A) IN GENERAL.—The Secretary may use up to 1
percent of the funds made available under section 51001
of the Transportation Research and Innovative Technology
Act of 2012 to carry out a program to competitively award
cash prizes to stimulate innovation in basic and applied
research and technology development that has the potential
for application to the national transportation system.
‘‘(B) TOPICS.—In selecting topics for prize competitions
under this paragraph, the Secretary shall—
‘‘(i) consult with a wide variety of governmental
and nongovernmental representatives; and
‘‘(ii) give consideration to prize goals that demonstrate innovative approaches and strategies to
improve the safety, efficiency, and sustainability of
the national transportation system.
‘‘(C) ADVERTISING.—The Secretary shall encourage
participation in the prize competitions through advertising
efforts.
‘‘(D) REQUIREMENTS AND REGISTRATION.—For each
prize competition, the Secretary shall publish a notice on
a public website that describes—
‘‘(i) the subject of the competition;
‘‘(ii) the eligibility rules for participation in the
competition;
‘‘(iii) the amount of the prize; and
‘‘(iv) the basis on which a winner will be selected.
Consultation.
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Notice.
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126 STAT. 869
‘‘(E) ELIGIBILITY.—An individual or entity may not
receive a prize under this paragraph unless the individual
or entity—
‘‘(i) has registered to participate in the competition
pursuant to any rules promulgated by the Secretary
under this section;
‘‘(ii) has complied with all requirements under this
paragraph;
‘‘(iii)(I) in the case of a private entity, is incorporated in, and maintains a primary place of business
in, the United States; or
‘‘(II) in the case of an individual, whether participating singly or in a group, is a citizen or permanent
resident of the United States;
‘‘(iv) is not a Federal entity or Federal employee
acting within the scope of his or her employment;
and
‘‘(v) has not received a grant to perform research
on the same issue for which the prize is awarded.
‘‘(F) LIABILITY.—
‘‘(i) ASSUMPTION OF RISK.—
‘‘(I) IN GENERAL.—A registered participant
shall agree to assume any and all risks and waive
claims against the Federal Government and its
related entities, except in the case of willful misconduct, for any injury, death, damage, or loss
of property, revenue, or profits, whether direct,
indirect, or consequential, arising from participation in a competition, whether such injury, death,
damage, or loss arises through negligence or otherwise.
‘‘(II) RELATED ENTITY.—In this subparagraph,
the term ‘related entity’ means a contractor, subcontractor (at any tier), supplier, user, customer,
cooperating party, grantee, investigator, or
detailee.
‘‘(ii) FINANCIAL RESPONSIBILITY.—A participant
shall obtain liability insurance or demonstrate financial responsibility, in amounts determined by the Secretary, for claims by—
‘‘(I) a third party for death, bodily injury, or
property damage, or loss resulting from an activity
carried out in connection with participation in a
competition, with the Federal Government named
as an additional insured under the registered
participant’s insurance policy and registered
participants agreeing to indemnify the Federal
Government against third party claims for damages arising from or related to competition activities; and
‘‘(II) the Federal Government for damage or
loss to Government property resulting from such
an activity.
‘‘(G) JUDGES.—
‘‘(i) SELECTION.—Subject to clause (iii), for each
prize competition, the Secretary, either directly or
through an agreement under subparagraph (H), may
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126 STAT. 870
appoint 1 or more qualified judges to select the winner
or winners of the prize competition on the basis of
the criteria described in subparagraph (D).
‘‘(ii) SELECTION.—Judges for each competition shall
include individuals from outside the Federal Government, including the private sector.
‘‘(iii) LIMITATIONS.—A judge selected under this
subparagraph may not—
‘‘(I) have personal or financial interests in,
or be an employee, officer, director, or agent of,
any entity that is a registered participant in a
prize competition under this paragraph; or
‘‘(II) have a familial or financial relationship
with an individual who is a registered participant.
‘‘(H) ADMINISTERING THE COMPETITION.—The Secretary
may enter into an agreement with a private, nonprofit
entity to administer the prize competition, subject to the
provisions of this paragraph.
‘‘(I) FUNDING.—
‘‘(i) IN GENERAL.—
‘‘(I) PRIVATE SECTOR FUNDING.—A cash prize
under this paragraph may consist of funds appropriated by the Federal Government and funds provided by the private sector.
‘‘(II) GOVERNMENT FUNDING.—The Secretary
may accept funds from other Federal agencies,
State and local governments, and metropolitan
planning organizations for a cash prize under this
paragraph.
‘‘(III) NO SPECIAL CONSIDERATION.—The Secretary may not give any special consideration to
any private sector entity in return for a donation
under this subparagraph.
‘‘(ii) AVAILABILITY OF FUNDS.—Notwithstanding
any other provision of law, amounts appropriated for
prize awards under this paragraph—
‘‘(I) shall remain available until expended; and
‘‘(II) may not be transferred, reprogrammed,
or expended for other purposes until after the
expiration of the 10-year period beginning on the
last day of the fiscal year for which the funds
were originally appropriated.
‘‘(iii) SAVINGS PROVISION.—Nothing in this
subparagraph may be construed to permit the obligation or payment of funds in violation of the AntiDeficiency Act (31 U.S.C. 1341).
‘‘(iv) PRIZE ANNOUNCEMENT.—A prize may not be
announced under this paragraph until all the funds
needed to pay out the announced amount of the prize
have been appropriated by a governmental source or
committed to in writing by a private source.
‘‘(v) PRIZE INCREASES.—The Secretary may
increase the amount of a prize after the initial
announcement of the prize under this paragraph if—
‘‘(I) notice of the increase is provided in the
same manner as the initial notice of the prize;
and
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‘‘(II) the funds needed to pay out the
announced amount of the increase have been
appropriated by a governmental source or committed to in writing by a private source.
‘‘(vi) CONGRESSIONAL NOTIFICATION.—A prize competition under this paragraph may offer a prize in
an amount greater than $1,000,000 only after 30 days
have elapsed after written notice has been transmitted
to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Science, Space, and
Technology of the House of Representatives.
‘‘(vii) AWARD LIMIT.—A prize competition under
this section may not result in the award of more than
$25,000 in cash prizes without the approval of the
Secretary.
‘‘(J) COMPLIANCE WITH EXISTING LAW.—The Federal
Government shall not, by virtue of offering or providing
a prize under this paragraph, be responsible for compliance
by registered participants in a prize competition with Federal law, including licensing, export control, and non-proliferation laws, and related regulations.
‘‘(K) NOTICE AND ANNUAL REPORT.—
‘‘(i) IN GENERAL.—Not later than 30 days prior
to carrying out an activity under subparagraph (A),
the Secretary shall notify the Committees on Transportation and Infrastructure and Science, Space, and
Technology of the House of Representatives and the
Committees on Environment and Public Works and
Commerce, Science, and Transportation of the Senate
of the intent to use such authority.
‘‘(ii) REPORTS.—
‘‘(I) IN GENERAL.—The Secretary shall submit
to the committees described in clause (i) on an
annual basis a report on the activities carried out
under subparagraph (A) in the preceding fiscal
year if the Secretary exercised the authority under
subparagraph (A) in that fiscal year.
‘‘(II) INFORMATION INCLUDED.—A report under
this subparagraph shall include, for each prize
competition under subparagraph (A)—
‘‘(aa) a description of the proposed goals
of the prize competition;
‘‘(bb) an analysis of why the use of the
authority under subparagraph (A) was the
preferable method of achieving the goals
described in item (aa) as opposed to other
authorities available to the Secretary, such
as contracts, grants, and cooperative agreements;
‘‘(cc) the total amount of cash prizes
awarded for each prize competition, including
a description of the amount of private funds
contributed to the program, the source of such
funds, and the manner in which the amounts
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of cash prizes awarded and claimed were allocated among the accounts of the Department
for recording as obligations and expenditures;
‘‘(dd) the methods used for the solicitation
and evaluation of submissions under each
prize competition, together with an assessment of the effectiveness of such methods and
lessons learned for future prize competitions;
‘‘(ee) a description of the resources,
including personnel and funding, used in the
execution of each prize competition together
with a detailed description of the activities
for which such resources were used and an
accounting of how funding for execution was
allocated among the accounts of the agency
for recording as obligations and expenditures;
and
‘‘(ff) a description of how each prize competition advanced the mission of the Department.’’;
(4) in subsection (c)—
(A) in paragraph (3)(A)—
(i) by striking ‘‘subsection’’ and inserting ‘‘chapter’’;
and
(ii) by striking ‘‘50’’ and inserting ‘‘80’’; and
(B) in paragraph (4) by striking ‘‘subsection’’ and
inserting ‘‘chapter’’; and
(5) by striking subsections (d) through (j).
(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of
title 23, United States Code, is amended by striking the item
relating to section 502 and inserting the following:
‘‘502. Surface transportation research, development, and technology.’’
SEC.
52003.
RESEARCH AND
DEPLOYMENT.
TECHNOLOGY
DEVELOPMENT
AND
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(a) IN GENERAL.—Section 503 of title 23, United States Code,
is amended to read as follows:
‘‘§ 503. Research and technology development and deployment
‘‘(a) IN GENERAL.—The Secretary shall—
‘‘(1) carry out research, development, and deployment
activities that encompass the entire innovation lifecycle; and
‘‘(2) ensure that all research carried out under this section
aligns with the transportation research and development strategic plan of the Secretary under section 508.
‘‘(b) HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.—
‘‘(1) OBJECTIVES.—In carrying out the highway research
and development program, the Secretary, to address current
and emerging highway transportation needs, shall—
‘‘(A) identify research topics;
‘‘(B) coordinate research and development activities;
‘‘(C) carry out research, testing, and evaluation activities; and
‘‘(D) provide technology transfer and technical assistance.
‘‘(2) IMPROVING HIGHWAY SAFETY.—
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126 STAT. 873
‘‘(A) IN GENERAL.—The Secretary shall carry out
research and development activities from an integrated
perspective to establish and implement systematic measures to improve highway safety.
‘‘(B) OBJECTIVES.—In carrying out this paragraph, the
Secretary shall carry out research and development activities—
‘‘(i) to achieve greater long-term safety gains;
‘‘(ii) to reduce the number of fatalities and serious
injuries on public roads;
‘‘(iii) to fill knowledge gaps that limit the effectiveness of research;
‘‘(iv) to support the development and implementation of State strategic highway safety plans;
‘‘(v) to advance improvements in, and use of,
performance prediction analysis for decisionmaking;
and
‘‘(vi) to expand technology transfer to partners and
stakeholders.
‘‘(C) CONTENTS.—Research and technology activities
carried out under this paragraph may include—
‘‘(i) safety assessments and decisionmaking tools;
‘‘(ii) data collection and analysis;
‘‘(iii) crash reduction projections;
‘‘(iv) low-cost safety countermeasures;
‘‘(v) innovative operational improvements and
designs of roadway and roadside features;
‘‘(vi) evaluation of countermeasure costs and benefits;
‘‘(vii) development of tools for projecting impacts
of safety countermeasures;
‘‘(viii) rural road safety measures;
‘‘(ix) safety measures for vulnerable road users,
including bicyclists and pedestrians;
‘‘(x) safety policy studies;
‘‘(xi) human factors studies and measures;
‘‘(xii) safety technology deployment;
‘‘(xiii) safety workforce professional capacity
building initiatives;
‘‘(xiv) safety program and process improvements;
and
‘‘(xv) tools and methods to enhance safety performance, including achievement of statewide safety
performance targets.
‘‘(3) IMPROVING INFRASTRUCTURE INTEGRITY.—
‘‘(A) IN GENERAL.—The Secretary shall carry out and
facilitate highway and bridge infrastructure research and
development activities—
‘‘(i) to maintain infrastructure integrity;
‘‘(ii) to meet user needs; and
‘‘(iii) to link Federal transportation investments
to improvements in system performance.
‘‘(B) OBJECTIVES.—In carrying out this paragraph, the
Secretary shall carry out research and development activities—
‘‘(i) to reduce the number of fatalities attributable
to infrastructure design characteristics and work zones;
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(ii) to improve the safety and security of highway
infrastructure;
‘‘(iii) to increase the reliability of lifecycle performance predictions used in infrastructure design,
construction, and management;
‘‘(iv) to improve the ability of transportation agencies to deliver projects that meet expectations for timeliness, quality, and cost;
‘‘(v) to reduce user delay attributable to infrastructure system performance, maintenance, rehabilitation,
and construction;
‘‘(vi) to improve highway condition and performance through increased use of design, materials,
construction, and maintenance innovations;
‘‘(vii) to reduce the environmental impacts of highway infrastructure through innovations in design,
construction, operation, preservation, and maintenance; and
‘‘(viii) to study vulnerabilities of the transportation
system to seismic activities and extreme events and
methods to reduce those vulnerabilities.
‘‘(C) CONTENTS.—Research and technology activities
carried out under this paragraph may include—
‘‘(i) long-term infrastructure performance programs
addressing pavements, bridges, tunnels, and other
structures;
‘‘(ii) short-term and accelerated studies of infrastructure performance;
‘‘(iii) research to develop more durable infrastructure materials and systems;
‘‘(iv) advanced infrastructure design methods;
‘‘(v) accelerated highway and bridge construction;
‘‘(vi) performance-based specifications;
‘‘(vii) construction and materials quality assurance;
‘‘(viii) comprehensive and integrated infrastructure
asset management;
‘‘(ix) infrastructure safety assurance;
‘‘(x) sustainable infrastructure design and
construction;
‘‘(xi) infrastructure rehabilitation and preservation
techniques, including techniques to rehabilitate and
preserve historic infrastructure;
‘‘(xii) hydraulic, geotechnical, and aerodynamic
aspects of infrastructure;
‘‘(xiii) improved highway construction technologies
and practices;
‘‘(xiv) improved tools, technologies, and models for
infrastructure management, including assessment and
monitoring of infrastructure condition;
‘‘(xv) studies to improve flexibility and resiliency
of infrastructure systems to withstand climate variability;
‘‘(xvi) studies on the effectiveness of fiber-based
additives to improve the durability of surface transportation materials in various geographic regions;
‘‘(xvii) studies of infrastructure resilience and other
adaptation measures;
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126 STAT. 875
‘‘(xviii) maintenance of seismic research activities,
including research carried out in conjunction with other
Federal agencies to study the vulnerability of the
transportation system to seismic activity and methods
to reduce that vulnerability; and
‘‘(xix) technology transfer and adoption of permeable, pervious, or porous paving materials, practices,
and systems that are designed to minimize environmental impacts, stormwater runoff, and flooding and
to treat or remove pollutants by allowing stormwater
to infiltrate through the pavement in a manner similar
to predevelopment hydrologic conditions.
‘‘(D) LIFECYCLE COSTS ANALYSIS STUDY.—
‘‘(i) IN GENERAL.—In this subparagraph, the term
‘lifecycle costs analysis’ means a process for evaluating
the total economic worth of a usable project segment
by analyzing initial costs and discounted future costs,
such as maintenance, user, reconstruction, rehabilitation, restoring, and resurfacing costs, over the life of
the project segment.
‘‘(ii) STUDY.—The Comptroller General shall conduct a study of the best practices for calculating
lifecycle costs and benefits for federally funded highway
projects, which shall include, at a minimum, a thorough
literature review and a survey of current lifecycle cost
practices of State departments of transportation.
‘‘(iii) CONSULTATION.—In carrying out the study,
the Comptroller shall consult with, at a minimum—
‘‘(I) the American Association of State Highway and Transportation Officials;
‘‘(II) appropriate experts in the field of lifecycle
cost analysis; and
‘‘(III) appropriate industry experts and
research centers.
‘‘(E) REPORT.—Not later than 1 year after the date
of enactment of the Transportation Research and Innovative Technology Act of 2012, the Comptroller General shall
submit to the Committee on Environment and Public Works
of the Senate and the Committees on Transportation and
Infrastructure and Science, Space, and Technology of the
House of Representatives a report on the results of the
study which shall include—
‘‘(i) a summary of the latest research on lifecycle
cost analysis; and
‘‘(ii) recommendations on the appropriate—
‘‘(I) period of analysis;
‘‘(II) design period;
‘‘(III) discount rates; and
‘‘(IV) use of actual material life and maintenance cost data.
‘‘(4) STRENGTHENING TRANSPORTATION PLANNING AND
ENVIRONMENTAL DECISIONMAKING.—
‘‘(A) IN GENERAL.—The Secretary may carry out
research—
‘‘(i) to minimize the cost of transportation planning
and environmental decisionmaking processes;
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‘‘(ii) to improve transportation planning and
environmental decisionmaking processes; and
‘‘(iii) to minimize the potential impact of surface
transportation on the environment.
‘‘(B) OBJECTIVES.—In carrying out this paragraph the
Secretary may carry out research and development activities—
‘‘(i) to minimize the cost of highway infrastructure
and operations;
‘‘(ii) to reduce the potential impact of highway
infrastructure and operations on the environment;
‘‘(iii) to advance improvements in environmental
analyses and processes and context sensitive solutions
for transportation decisionmaking;
‘‘(iv) to improve construction techniques;
‘‘(v) to accelerate construction to reduce congestion
and related emissions;
‘‘(vi) to reduce the impact of highway runoff on
the environment;
‘‘(vii) to improve understanding and modeling of
the factors that contribute to the demand for transportation; and
‘‘(viii) to improve transportation planning decisionmaking and coordination.
‘‘(C) CONTENTS.—Research and technology activities
carried out under this paragraph may include—
‘‘(i) creation of models and tools for evaluating
transportation measures and transportation system
designs, including the costs and benefits;
‘‘(ii) congestion reduction efforts;
‘‘(iii) transportation and economic development
planning in rural areas and small communities;
‘‘(iv) improvement of State, local, and tribal government capabilities relating to surface transportation
planning and the environment; and
‘‘(v) streamlining of project delivery processes.
‘‘(5) REDUCING CONGESTION, IMPROVING HIGHWAY OPERATIONS, AND ENHANCING FREIGHT PRODUCTIVITY.—
‘‘(A) IN GENERAL.—The Secretary shall carry out
research under this paragraph with the goals of—
‘‘(i) addressing congestion problems;
‘‘(ii) reducing the costs of congestion;
‘‘(iii) improving freight movement;
‘‘(iv) increasing productivity; and
‘‘(v) improving the economic competitiveness of the
United States.
‘‘(B) OBJECTIVES.—In carrying out this paragraph, the
Secretary shall carry out research and development activities to identify, develop, and assess innovations that have
the potential—
‘‘(i) to reduce traffic congestion;
‘‘(ii) to improve freight movement; and
‘‘(iii) to reduce freight-related congestion throughout the transportation network.
‘‘(C) CONTENTS.—Research and technology activities
carried out under this paragraph may include—
‘‘(i) active traffic and demand management;
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126 STAT. 877
‘‘(ii) acceleration of the implementation of Intelligent Transportation Systems technology;
‘‘(iii) advanced transportation concepts and analysis;
‘‘(iv) arterial management and traffic signal operation;
‘‘(v) congestion pricing;
‘‘(vi) corridor management;
‘‘(vii) emergency operations;
‘‘(viii) research relating to enabling technologies
and applications;
‘‘(ix) freeway management;
‘‘(x) evaluation of enabling technologies;
‘‘(xi) impacts of vehicle size and weight on congestion;
‘‘(xii) freight operations and technology;
‘‘(xiii) operations and freight performance measurement and management;
‘‘(xiv) organization and planning for operations;
‘‘(xv) planned special events management;
‘‘(xvi) real-time transportation information;
‘‘(xvii) road weather management;
‘‘(xviii) traffic and freight data and analysis tools;
‘‘(xix) traffic control devices;
‘‘(xx) traffic incident management;
‘‘(xxi) work zone management;
‘‘(xxii) communication of travel, roadway, and
emergency information to persons with disabilities;
‘‘(xxiii) research on enhanced mode choice and
intermodal connectivity;
‘‘(xxiv) techniques for estimating and quantifying
public benefits derived from freight transportation
projects; and
‘‘(xxv) other research areas to identify and address
emerging needs related to freight transportation by
all modes.
‘‘(6) EXPLORATORY ADVANCED RESEARCH.—The Secretary
shall carry out research and development activities relating
to exploratory advanced research—
‘‘(A) to leverage the targeted capabilities of the TurnerFairbank Highway Research Center to develop technologies
and innovations of national importance; and
‘‘(B) to develop potentially transformational solutions
to improve the durability, efficiency, environmental impact,
productivity, and safety aspects of highway and intermodal
transportation systems.
‘‘(7) TURNER-FAIRBANK HIGHWAY RESEARCH CENTER.—
‘‘(A) IN GENERAL.—The Secretary shall continue to
operate in the Federal Highway Administration a TurnerFairbank Highway Research Center.
‘‘(B) USES OF THE CENTER.—The Turner-Fairbank
Highway Research Center shall support—
‘‘(i) the conduct of highway research and development relating to emerging highway technology;
‘‘(ii) the development of understandings, tools, and
techniques that provide solutions to complex technical
problems through the development of economical and
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PUBLIC LAW 112–141—JULY 6, 2012
environmentally sensitive designs, efficient and
quality-controlled construction practices, and durable
materials;
‘‘(iii) the development of innovative highway products and practices; and
‘‘(iv) the conduct of long-term, high-risk research
to improve the materials used in highway infrastructure.
‘‘(8) INFRASTRUCTURE INVESTMENT NEEDS REPORT.—
‘‘(A) IN GENERAL.—Not later than July 31, 2013, and
July 31 of every second year thereafter, the Secretary shall
submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate a report
that describes estimates of the future highway and bridge
needs of the United States and the backlog of current
highway and bridge needs.
‘‘(B) COMPARISONS.—Each report under subparagraph
(A) shall include all information necessary to relate and
compare the conditions and service measures used in the
previous biennial reports to conditions and service measures used in the current report.
‘‘(C) INCLUSIONS.—Each report under subparagraph (A)
shall provide recommendations to Congress on changes
to the highway performance monitoring system that
address—
‘‘(i) improvements to the quality and standardization of data collection on all functional classifications
of Federal-aid highways for accurate system length,
lane length, and vehicle-mile of travel; and
‘‘(ii) changes to the reporting requirements authorized under section 315, to reflect recommendations
under this paragraph for collection, storage, analysis,
reporting, and display of data for Federal-aid highways
and, to the maximum extent practical, all public roads.
‘‘(c) TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall carry out a technology and innovation deployment program relating to all
aspects of highway transportation, including planning,
financing, operation, structures, materials, pavements, environment, construction, and the duration of time between project
planning and project delivery, with the goals of—
‘‘(A) significantly accelerating the adoption of innovative technologies by the surface transportation community;
‘‘(B) providing leadership and incentives to demonstrate and promote state-of-the-art technologies, elevated
performance standards, and new business practices in highway construction processes that result in improved safety,
faster construction, reduced congestion from construction,
and improved quality and user satisfaction;
‘‘(C) constructing longer-lasting highways through the
use of innovative technologies and practices that lead to
faster construction of efficient and safe highways and
bridges;
‘‘(D) improving highway efficiency, safety, mobility,
reliability, service life, environmental protection, and
sustainability; and
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126 STAT. 879
‘‘(E) developing and deploying new tools, techniques,
and practices to accelerate the adoption of innovation in
all aspects of highway transportation.
‘‘(2) IMPLEMENTATION.—
‘‘(A) IN GENERAL.—The Secretary shall promote, facilitate, and carry out the program established under paragraph (1) to distribute the products, technologies, tools,
methods, or other findings that result from highway
research and development activities, including research and
development activities carried out under this chapter.
‘‘(B) ACCELERATED INNOVATION DEPLOYMENT.—In carrying out the program established under paragraph (1),
the Secretary shall—
‘‘(i) establish and carry out demonstration programs;
‘‘(ii) provide technical assistance, and training to
researchers and developers; and
‘‘(iii) develop improved tools and methods to accelerate the adoption of proven innovative practices and
technologies as standard practices.
‘‘(C) IMPLEMENTATION OF FUTURE STRATEGIC HIGHWAY
RESEARCH PROGRAM FINDINGS AND RESULTS.—
‘‘(i) IN GENERAL.—The Secretary, in consultation
with the American Association of State Highway and
Transportation Officials and the Transportation
Research Board of the National Academy of Sciences,
shall promote research results and products developed
under the future strategic highway research program
administered by the Transportation Research Board
of the National Academy of Sciences.
‘‘(ii) BASIS FOR FINDINGS.—The activities carried
out under this subparagraph shall be based on the
report submitted to Congress by the Transportation
Research Board of the National Academy of Sciences
under section 510(e).
‘‘(iii) PERSONNEL.—The Secretary may use funds
made available to carry out this subsection for administrative costs under this subparagraph.
‘‘(3) ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF
PAVEMENT TECHNOLOGIES.—
‘‘(A) IN GENERAL.—The Secretary shall establish and
implement a program under the technology and innovation
deployment program to promote, implement, deploy, demonstrate, showcase, support, and document the application
of innovative pavement technologies, practices, performance, and benefits.
‘‘(B) GOALS.—The goals of the accelerated implementation and deployment of pavement technologies program
shall include—
‘‘(i) the deployment of new, cost-effective designs,
materials, recycled materials, and practices to extend
the pavement life and performance and to improve
user satisfaction;
‘‘(ii) the reduction of initial costs and lifecycle costs
of pavements, including the costs of new construction,
replacement, maintenance, and rehabilitation;
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‘‘(iii) the deployment of accelerated construction
techniques to increase safety and reduce construction
time and traffic disruption and congestion;
‘‘(iv) the deployment of engineering design criteria
and specifications for new and efficient practices, products, and materials for use in highway pavements;
‘‘(v) the deployment of new nondestructive and
real-time pavement evaluation technologies and
construction techniques; and
‘‘(vi) effective technology transfer and information
dissemination to accelerate implementation of new
technologies and to improve life, performance, cost
effectiveness, safety, and user satisfaction.
‘‘(C) FUNDING.—The Secretary shall obligate for each
of fiscal years 2013 through 2014 from funds made available to carry out this subsection $12,000,000 to accelerate
the deployment and implementation of pavement technology.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of
title 23, United States Code, is amended by striking the item
relating to section 503 and inserting the following:
‘‘503. Research and technology development and deployment.’’.
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SEC. 52004. TRAINING AND EDUCATION.
Section 504 of title 23, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (2)(A) by inserting ‘‘and the employees
of any other applicable Federal agency’’ before the semicolon at the end; and
(B) in paragraph (3)(A)(ii)(V) by striking ‘‘expediting’’
and inserting ‘‘reducing the amount of time required for’’;
(2) in subsection (b) by striking paragraph (3) and inserting
the following:
‘‘(3) FEDERAL SHARE.—
‘‘(A) LOCAL TECHNICAL ASSISTANCE CENTERS.—
‘‘(i) IN GENERAL.—Subject to subparagraph (B), the
Federal share of the cost of an activity carried out
by a local technical assistance center under paragraphs
(1) and (2) shall be 50 percent.
‘‘(ii) NON-FEDERAL SHARE.—The non-Federal share
of the cost of an activity described in clause (i) may
consist of amounts provided to a recipient under subsection (e) or section 505, up to 100 percent of the
non-Federal share.
‘‘(B) TRIBAL TECHNICAL ASSISTANCE CENTERS.—The
Federal share of the cost of an activity carried out by
a tribal technical assistance center under paragraph
(2)(D)(ii) shall be 100 percent.’’;
(3) in subsection (c)(2)—
(A) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(A) IN GENERAL.—The Secretary’’;
(B) in subparagraph (A) (as designated by subparagraph (A)) by striking ‘‘. The program’’ and inserting ‘‘,
which program’’; and
(C) by adding at the end the following:
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126 STAT. 881
‘‘(B) USE OF AMOUNTS.—Amounts provided to institutions of higher education to carry out this paragraph shall
be used to provide direct support of student expenses.’’;
(4) in subsection (e)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A) by
striking ‘‘sections 104(b)(1), 104(b)(2), 104(b)(3),
104(b)(4), and 144(e)’’ and inserting ‘‘paragraphs (1)
through (4) of section 104(b)’’;
(ii) in subparagraph (D) by striking ‘‘and’’ at the
end;
(iii) in subparagraph (E) by striking the period
and inserting a semicolon; and
(iv) by adding at the end the following:
‘‘(F) activities carried out by the National Highway
Institute under subsection (a); and
‘‘(G) local technical assistance programs under subsection (b).’’; and
(B) in paragraph (2) by inserting ‘‘, except for activities
carried out under paragraph (1)(G), for which the Federal
share shall be 50 percent’’ before the period at the end;
(5) in subsection (f) in the heading, by striking ‘‘PILOT’’;
(6) in subsection (g)(4)(F) by striking ‘‘excellence’’ and
inserting ‘‘stewardship’’; and
(7) by adding at the end the following:
‘‘(h) CENTERS FOR SURFACE TRANSPORTATION EXCELLENCE.—
‘‘(1) IN GENERAL.—The Secretary shall make grants under
this section to establish and maintain centers for surface
transportation excellence.
‘‘(2) GOALS.—The goals of a center referred to in paragraph
(1) shall be to promote and support strategic national surface
transportation programs and activities relating to the work
of State departments of transportation in the areas of environment, surface transportation safety, rural safety, and project
finance.
‘‘(3) ROLE OF THE CENTERS.—To achieve the goals set forth
in paragraph (2), any centers established under paragraph (1)
shall provide technical assistance, information sharing of best
practices, and training in the use of tools and decisionmaking
processes that can assist States in effectively implementing
surface transportation programs, projects, and policies.
‘‘(4) PROGRAM ADMINISTRATION.—
‘‘(A) COMPETITION.—A party entering into a contract,
cooperative agreement, or other transaction with the Secretary under this subsection, or receiving a grant to perform
research or provide technical assistance under this subsection, shall be selected on a competitive basis.
‘‘(B) STRATEGIC PLAN.—The Secretary shall require
each center to develop a multiyear strategic plan, that—
‘‘(i) is submitted to the Secretary at such time
as the Secretary requires; and
‘‘(ii) describes—
‘‘(I) the activities to be undertaken by the
center; and
‘‘(II) how the work of the center will be coordinated with the activities of the Federal Highway
Administration and the various other research,
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Contracts.
Grants.
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development, and technology transfer activities
authorized under this chapter.’’.
SEC. 52005. STATE PLANNING AND RESEARCH.
Section 505 of title 23, United States Code, is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1) by striking
‘‘section 104 (other than sections 104(f) and 104(h)) and
under section 144’’ and inserting ‘‘paragraphs (1) through
(4) of section 104(b)’’; and
(B) in paragraph (3) by striking ‘‘under section 303’’
and inserting ‘‘, plans, and processes under sections 119,
148, 149, and 167’’;
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (b) the following:
‘‘(c) IMPLEMENTATION OF FUTURE STRATEGIC HIGHWAY
RESEARCH PROGRAM FINDINGS AND RESULTS.—
‘‘(1) FUNDS.—A State shall make available to the Secretary
to carry out section 503(c)(2)(C) a percentage of funds subject
to subsection (a) that are apportioned to that State, that is
agreed to by 3⁄4 of States for each of fiscal years 2013 and
2014.
‘‘(2) TREATMENT OF FUNDS.—Funds expended under paragraph (1) shall not be considered to be part of the extramural
budget of the agency for the purpose of section 9 of the Small
Business Act (15 U.S.C. 638).’’; and
(4) in subsection (e) (as so redesignated) by striking ‘‘section
118(b)(2)’’ and inserting ‘‘section 118(b)’’.
SEC. 52006. INTERNATIONAL HIGHWAY TRANSPORTATION PROGRAM.
Repeal.
(a) IN GENERAL.—Section 506 of title 23, United States Code,
is repealed.
(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of
title 23, United States Code, is amended by striking the item
relating to section 506.
SEC. 52007. SURFACE TRANSPORTATION ENVIRONMENTAL COOPERATIVE RESEARCH PROGRAM.
Repeal.
(a) IN GENERAL.—Section 507 of title 23, United States Code,
is repealed.
(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of
title 23, United States Code, is amended by striking the item
relating to section 507.
SEC. 52008. NATIONAL COOPERATIVE FREIGHT RESEARCH.
Repeal.
(a) IN GENERAL.—Section 509 of title 23, United States Code,
is repealed.
(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of
title 23, United States Code, is amended by striking the item
relating to section 509.
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SEC. 52009. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.
(a) IN GENERAL.—Section 5505 of title 49, United States Code,
is amended to read as follows:
Grants.
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‘‘§ 5505. University transportation centers program
‘‘(a) UNIVERSITY TRANSPORTATION CENTERS PROGRAM.—
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126 STAT. 883
‘‘(1) ESTABLISHMENT AND OPERATION.—The Secretary shall
make grants under this section to eligible nonprofit institutions
of higher education to establish and operate university
transportation centers.
‘‘(2) ROLE OF CENTERS.—The role of each university
transportation center referred to in paragraph (1) shall be—
‘‘(A) to advance transportation expertise and technology
in the varied disciplines that comprise the field of transportation through education, research, and technology transfer
activities;
‘‘(B) to provide for a critical transportation knowledge
base outside of the Department of Transportation; and
‘‘(C) to address critical workforce needs and educate
the next generation of transportation leaders.
‘‘(b) COMPETITIVE SELECTION PROCESS.—
‘‘(1) APPLICATIONS.—To receive a grant under this section,
a nonprofit institution of higher education shall submit to the
Secretary an application that is in such form and contains
such information as the Secretary may require.
‘‘(2) RESTRICTION.—A nonprofit institution of higher education or the lead institution of a consortium of nonprofit
institutions of higher education, as applicable, that receives
a grant for a national transportation center or a regional
transportation center in a fiscal year shall not be eligible to
receive as a lead institution or member of a consortium an
additional grant in that fiscal year for a national transportation
center or a regional transportation center.
‘‘(3) COORDINATION.—The Secretary shall solicit grant
applications for national transportation centers, regional
transportation centers, and Tier 1 university transportation
centers with identical advertisement schedules and deadlines.
‘‘(4) GENERAL SELECTION CRITERIA.—
‘‘(A) IN GENERAL.—Except as otherwise provided by
this section, the Secretary shall award grants under this
section in nonexclusive candidate topic areas established
by the Secretary that address the research priorities identified in section 503 of title 23.
‘‘(B) CRITERIA.—The Secretary, in consultation as
appropriate with the Administrators of the Federal Highway Administration and the Federal Transit Administration, shall select each recipient of a grant under this section
through a competitive process based on the assessment
of the Secretary relating to—
‘‘(i) the demonstrated ability of the recipient to
address each specific topic area described in the
research and strategic plans of the recipient;
‘‘(ii) the demonstrated research, technology
transfer, and education resources available to the
recipient to carry out this section;
‘‘(iii) the ability of the recipient to provide leadership in solving immediate and long-range national and
regional transportation problems;
‘‘(iv) the ability of the recipient to carry out
research, education, and technology transfer activities
that are multimodal and multidisciplinary in scope;
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‘‘(v) the demonstrated commitment of the recipient
to carry out transportation workforce development programs through—
‘‘(I) degree-granting programs; and
‘‘(II) outreach activities to attract new entrants
into the transportation field;
‘‘(vi) the demonstrated ability of the recipient to
disseminate results and spur the implementation of
transportation research and education programs
through national or statewide continuing education
programs;
‘‘(vii) the demonstrated commitment of the
recipient to the use of peer review principles and other
research best practices in the selection, management,
and dissemination of research projects;
‘‘(viii) the strategic plan submitted by the recipient
describing the proposed research to be carried out by
the recipient and the performance metrics to be used
in assessing the performance of the recipient in
meeting the stated research, technology transfer, education, and outreach goals; and
‘‘(ix) the ability of the recipient to implement the
proposed program in a cost-efficient manner, such as
through cost sharing and overall reduced overhead,
facilities, and administrative costs.
‘‘(5) TRANSPARENCY.—
‘‘(A) IN GENERAL.—The Secretary shall provide to each
applicant, upon request, any materials, including copies
of reviews (with any information that would identify a
reviewer redacted), used in the evaluation process of the
proposal of the applicant.
‘‘(B) REPORTS.—The Secretary shall submit to the
Committees on Transportation and Infrastructure and
Science, Space, and Technology of the House of Representatives and the Committee on Environment and Public Works
of the Senate a report describing the overall review process
under paragraph (3) that includes—
‘‘(i) specific criteria of evaluation used in the
review;
‘‘(ii) descriptions of the review process; and
‘‘(iii) explanations of the selected awards.
‘‘(6) OUTSIDE STAKEHOLDERS.—The Secretary shall, to the
maximum extent practicable, consult external stakeholders
such as the Transportation Research Board of the National
Academy of Sciences to evaluate and competitively review all
proposals.
‘‘(c) GRANTS.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of the Transportation Research and Innovative
Technology Act of 2012, the Secretary, in consultation as appropriate with the Administrators of the Federal Highway
Administration and the Federal Transit Administration, shall
select grant recipients under subsection (b) and make grant
amounts available to the selected recipients.
‘‘(2) NATIONAL TRANSPORTATION CENTERS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary shall provide grants to 5 recipients that the
Consultation.
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Review.
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Secretary determines best meet the criteria described in
subsection (b)(3).
‘‘(B) RESTRICTIONS.—
‘‘(i) IN GENERAL.—For each fiscal year, a grant
made available under this paragraph shall be
$3,000,000 per recipient.
‘‘(ii) FOCUSED RESEARCH.—The grant recipients
under this paragraph shall focus research on national
transportation issues, as determined by the Secretary.
‘‘(C) MATCHING REQUIREMENT.—
‘‘(i) IN GENERAL.—As a condition of receiving a
grant under this paragraph, a grant recipient shall
match 100 percent of the amounts made available
under the grant.
‘‘(ii) SOURCES.—The matching amounts referred to
in clause (i) may include amounts made available to
the recipient under section 504(b) or 505 of title 23.
‘‘(3) REGIONAL UNIVERSITY TRANSPORTATION CENTERS.—
‘‘(A) LOCATION OF REGIONAL CENTERS.—One regional
university transportation center shall be located in each
of the 10 Federal regions that comprise the Standard Federal Regions established by the Office of Management and
Budget in the document entitled ‘Standard Federal Regions’
and dated April, 1974 (circular A-105).
‘‘(B) SELECTION CRITERIA.—In conducting a competition
under subsection (b), the Secretary shall provide grants
to 10 recipients on the basis of—
‘‘(i) the criteria described in subsection (b)(3);
‘‘(ii) the location of the center within the Federal
region to be served; and
‘‘(iii) whether the institution (or, in the case of
consortium of institutions, the lead institution) demonstrates that the institution has a well-established,
nationally recognized program in transportation
research and education, as evidenced by—
‘‘(I) recent expenditures by the institution in
highway or public transportation research;
‘‘(II) a historical track record of awarding graduate degrees in professional fields closely related
to highways and public transportation; and
‘‘(III) an experienced faculty who specialize in
professional fields closely related to highways and
public transportation.
‘‘(C) RESTRICTIONS.—For each fiscal year, a grant made
available under this paragraph shall be $2,750,000 for each
recipient.
‘‘(D) MATCHING REQUIREMENTS.—
‘‘(i) IN GENERAL.—As a condition of receiving a
grant under this paragraph, a grant recipient shall
match 100 percent of the amounts made available
under the grant.
‘‘(ii) SOURCES.—The matching amounts referred to
in the clause (i) may include amounts made available
to the recipient under section 504(b) or 505 of title
23.
‘‘(E) FOCUSED RESEARCH.—The Secretary shall make
a grant to 1 of the 10 regional university transportation
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centers established under this paragraph for the purpose
of furthering the objectives described in subsection (a)(2)
in the field of comprehensive transportation safety.
‘‘(4) TIER 1 UNIVERSITY TRANSPORTATION CENTERS.—
‘‘(A) IN GENERAL.—The Secretary shall provide grants
of $1,500,000 each to not more than 20 recipients to carry
out this paragraph.
‘‘(B) RESTRICTION.—A lead institution of a consortium
that receives a grant under paragraph (2) or (3) shall
not be eligible to receive a grant under this paragraph.
‘‘(C) MATCHING REQUIREMENT.—
‘‘(i) IN GENERAL.—Subject to clause (iii), as a condition of receiving a grant under this paragraph, a grant
recipient shall match 50 percent of the amounts made
available under the grant.
‘‘(ii) SOURCES.—The matching amounts referred to
in clause (i) may include amounts made available to
the recipient under section 504(b) or 505 of title 23.
‘‘(iii) EXEMPTION.—This subparagraph shall not
apply on a demonstration of financial hardship by the
applicant institution.
‘‘(D) FOCUSED RESEARCH.—In awarding grants under
this paragraph, consideration shall be given to minority
institutions, as defined by section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k), or consortia that
include such institutions that have demonstrated an ability
in transportation-related research.
‘‘(d) PROGRAM COORDINATION.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) coordinate the research, education, and technology
transfer activities carried out by grant recipients under
this section; and
‘‘(B) disseminate the results of that research through
the establishment and operation of an information clearinghouse.
‘‘(2) ANNUAL REVIEW AND EVALUATION.—Not less frequently
than annually, and consistent with the plan developed under
section 508 of title 23, the Secretary shall—
‘‘(A) review and evaluate the programs carried out
under this section by grant recipients; and
‘‘(B) submit to the Committees on Transportation and
Infrastructure and Science, Space, and Technology of the
House of Representatives and the Committee on Environment and Public Works of the Senate a report describing
that review and evaluation.
‘‘(3) PROGRAM EVALUATION AND OVERSIGHT.—For each of
fiscal years 2013 and 2014, the Secretary shall expend not
more than 11⁄2 percent of the amounts made available to the
Secretary to carry out this section for any coordination, evaluation, and oversight activities of the Secretary under this section.
‘‘(e) LIMITATION ON AVAILABILITY OF AMOUNTS.—Amounts made
available to the Secretary to carry out this section shall remain
available for obligation by the Secretary for a period of 3 years
after the last day of the fiscal year for which the amounts are
appropriated.
‘‘(f) INFORMATION COLLECTION.—Any survey, questionnaire, or
interview that the Secretary determines to be necessary to carry
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out reporting requirements relating to any program assessment
or evaluation activity under this section, including customer satisfaction assessments, shall not be subject to chapter 35 of title
44.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 55
of title 49, United States Code, is amended by striking the item
relating to section 5505 and inserting the following:
‘‘5505. University transportation centers program.’’.
SEC. 52010. UNIVERSITY TRANSPORTATION RESEARCH.
(a) IN GENERAL.—Section 5506 of title 49, United States Code,
is repealed.
(b) CONFORMING AMENDMENT.—The analysis for chapter 55
of title 49, United States Code, is amended by striking the item
relating to section 5506.
Repeal.
SEC. 52011. BUREAU OF TRANSPORTATION STATISTICS.
(a) IN GENERAL.—Subtitle III of title 49, United States Code,
is amended by adding at the end the following:
‘‘CHAPTER 63—BUREAU OF TRANSPORTATION
STATISTICS
‘‘Sec.
‘‘6301.
‘‘6302.
‘‘6303.
‘‘6304.
‘‘6305.
‘‘6306.
‘‘6307.
‘‘6308.
‘‘6309.
‘‘6310.
‘‘6311.
‘‘6312.
‘‘6313.
Definitions.
Bureau of Transportation Statistics.
Intermodal transportation database.
National Transportation Library.
Advisory council on transportation statistics.
Transportation statistical collection, analysis, and dissemination.
Furnishing of information, data, or reports by Federal agencies.
Proceeds of data product sales.
National transportation atlas database.
Limitations on statutory construction.
Research and development grants.
Transportation statistics annual report.
Mandatory response authority for freight data collection.
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‘‘§ 6301. Definitions
‘‘In this chapter, the following definitions apply:
‘‘(1) BUREAU.—The term ‘Bureau’ means the Bureau of
Transportation Statistics established by section 6302(a).
‘‘(2) DEPARTMENT.—The term ‘Department’ means the
Department of Transportation.
‘‘(3) DIRECTOR.—The term ‘Director’ means the Director
of the Bureau.
‘‘(4) LIBRARY.—The term ‘Library’ means the National
Transportation Library established by section 6304(a).
‘‘(5) SECRETARY.—The term ‘Secretary’ means the Secretary
of Transportation.
‘‘§ 6302. Bureau of Transportation Statistics
‘‘(a) ESTABLISHMENT.—There is established in the Research and
Innovative Technology Administration the Bureau of Transportation
Statistics.
‘‘(b) DIRECTOR.—
‘‘(1) APPOINTMENT.—The Bureau shall be headed by a
Director, who shall be appointed in the competitive service
by the Secretary.
‘‘(2) QUALIFICATIONS.—The Director shall be appointed from
among individuals who are qualified to serve as the Director
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PUBLIC LAW 112–141—JULY 6, 2012
by virtue of their training and experience in the collection,
analysis, and use of transportation statistics.
‘‘(3) DUTIES.—
‘‘(A) IN GENERAL.—The Director shall—
‘‘(i) serve as the senior advisor to the Secretary
on data and statistics; and
‘‘(ii) be responsible for carrying out the duties
described in subparagraph (B).
‘‘(B) DUTIES.—The Director shall—
‘‘(i) ensure that the statistics compiled under
clause (vi) are designed to support transportation
decisionmaking by—
‘‘(I) the Federal Government;
‘‘(II) State and local governments;
‘‘(III) metropolitan planning organizations;
‘‘(IV) transportation-related associations;
‘‘(V) the private sector, including the freight
community; and
‘‘(VI) the public;
‘‘(ii) establish on behalf of the Secretary a program—
‘‘(I) to effectively integrate safety data across
modes; and
‘‘(II) to address gaps in existing safety data
programs of the Department;
‘‘(iii) work with the operating administrations of
the Department—
‘‘(I) to establish and implement the data programs of the Bureau; and
‘‘(II) to improve the coordination of information
collection efforts with other Federal agencies;
‘‘(iv) continually improve surveys and data collection methods of the Department to improve the
accuracy and utility of transportation statistics;
‘‘(v) encourage the standardization of data, data
collection methods, and data management and storage
technologies for data collected by—
‘‘(I) the Bureau;
‘‘(II) the operating administrations of the
Department;
‘‘(III) State and local governments;
‘‘(IV) metropolitan planning organizations; and
‘‘(V) private sector entities;
‘‘(vi) collect, compile, analyze, and publish a comprehensive set of transportation statistics on the
performance and impacts of the national transportation
system, including statistics on—
‘‘(I) transportation safety across all modes and
intermodally;
‘‘(II) the state of good repair of United States
transportation infrastructure;
‘‘(III) the extent, connectivity, and condition
of the transportation system, building on the
national transportation atlas database developed
under section 6310;
‘‘(IV) economic efficiency across the entire
transportation sector;
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‘‘(V) the effects of the transportation system
on global and domestic economic competitiveness;
‘‘(VI) demographic, economic, and other variables influencing travel behavior, including choice
of transportation mode and goods movement;
‘‘(VII) transportation-related variables that
influence the domestic economy and global
competitiveness;
‘‘(VIII) economic costs and impacts for passenger travel and freight movement;
‘‘(IX) intermodal and multimodal passenger
movement;
‘‘(X) intermodal and multimodal freight movement; and
‘‘(XI) consequences of transportation for the
human and natural environment;
‘‘(vii) build and disseminate the transportation
layer of the National Spatial Data Infrastructure developed under Executive Order 12906 (59 Fed. Reg. 17671)
(or a successor Executive Order), including by coordinating the development of transportation geospatial
data standards, compiling intermodal geospatial data,
and collecting geospatial data that is not being collected
by other entities;
‘‘(viii) issue guidelines for the collection of information by the Department that the Director determines
necessary to develop transportation statistics and carry
out modeling, economic assessment, and program
assessment activities to ensure that such information
is accurate, reliable, relevant, uniform, and in a form
that permits systematic analysis by the Department;
‘‘(ix) review and report to the Secretary on the
sources and reliability of—
‘‘(I) the statistics proposed by the heads of
the operating administrations of the Department
to measure outputs and outcomes as required by
the Government Performance and Results Act of
1993 (Public Law 103–62;107 Stat. 285); and
‘‘(II) at the request of the Secretary, any other
data collected or statistical information published
by the heads of the operating administrations of
the Department; and
‘‘(x) ensure that the statistics published under this
section are readily accessible to the public, consistent
with applicable security constraints and confidentiality
interests.
‘‘(c) ACCESS TO FEDERAL DATA.—In carrying out subsection
(b)(3)(B)(ii), the Director shall be given access to all safety data
that the Director determines necessary to carry out that subsection
that is held by the Department or any other Federal agency upon
written request and subject to any statutory or regulatory restrictions.
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Guidelines.
Review.
Reports.
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‘‘§ 6303. Intermodal transportation database
‘‘(a) IN GENERAL.—In consultation with the Under Secretary
Transportation for Policy, the Assistant Secretaries of the Department, and the heads of the operating administrations of the Department, the Director shall establish and maintain a transportation
database for all modes of transportation.
‘‘(b) USE.—The database established under this section shall
be suitable for analyses carried out by the Federal Government,
the States, and metropolitan planning organizations.
‘‘(c) CONTENTS.—The database established under this section
shall include—
‘‘(1) information on the volumes and patterns of movement
of goods, including local, interregional, and international movement, by all modes of transportation, intermodal combinations,
and relevant classification;
‘‘(2) information on the volumes and patterns of movement
of people, including local, interregional, and international movements, by all modes of transportation (including bicycle and
pedestrian modes), intermodal combinations, and relevant
classification;
‘‘(3) information on the location and connectivity of
transportation facilities and services; and
‘‘(4) a national accounting of expenditures and capital
stocks on each mode of transportation and intermodal combination.
‘‘§ 6304. National Transportation Library
‘‘(a) PURPOSE AND ESTABLISHMENT.—To support the information
management and decisionmaking needs of transportation officials
at the Federal, State, and local levels, there is established in the
Bureau a National Transportation Library which shall—
‘‘(1) be headed by an individual who is highly qualified
in library and information science;
‘‘(2) acquire, preserve, and manage transportation information and information products and services for use by the
Department, other Federal agencies, and the general public;
‘‘(3) provide reference and research assistance;
‘‘(4) serve as a central depository for research results and
technical publications of the Department;
‘‘(5) provide a central clearinghouse for transportation data
and information of the Federal Government;
‘‘(6) serve as coordinator and policy lead for transportation
information access;
‘‘(7) provide transportation information and information
products and services to—
‘‘(A) the Department;
‘‘(B) other Federal agencies;
‘‘(C) public and private organizations; and
‘‘(D) individuals, within the United States and internationally;
‘‘(8) coordinate efforts among, and cooperate with, transportation libraries, information providers, and technical assistance
centers, in conjunction with private industry and other
transportation library and information centers, with the goal
of developing a comprehensive transportation information and
knowledge network that supports the activities described in
section 6302(b)(3)(B)(vi); and
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‘‘(9) engage in such other activities as the Director determines to be necessary and as the resources of the Library
permit.
‘‘(b) ACCESS.—The Director shall publicize, facilitate, and promote access to the information products and services described
in subsection (a), to improve the ability of the transportation
community to share information and the ability of the Director
to make statistics and other information readily accessible as
required under section 6302(b)(3)(B)(x).
‘‘(c) AGREEMENTS.—
‘‘(1) IN GENERAL.—To carry out this section, the Director
may enter into agreements with, award grants to, and receive
amounts from, any—
‘‘(A) State or local government;
‘‘(B) organization;
‘‘(C) business; or
‘‘(D) individual.
‘‘(2) CONTRACTS, GRANTS, AND AGREEMENTS.—The Library
may initiate and support specific information and data management, access, and exchange activities in connection with matters relating to the Department’s strategic goals, knowledge
networking, and national and international cooperation, by
entering into contracts or other agreements or awarding grants
for the conduct of such activities.
‘‘(3) AMOUNTS.—Any amounts received by the Library as
payment for library products and services or other activities
shall be made available to the Director to carry out this section,
deposited in the Research and Innovative Technology Administration’s general fund account, and remain available until
expended.
‘‘§ 6305. Advisory council on transportation statistics
‘‘(a) IN GENERAL.—The Director shall establish and consult
with an advisory council on transportation statistics.
‘‘(b) FUNCTION.—The advisory council established under this
section shall advise the Director on—
‘‘(1) the quality, reliability, consistency, objectivity, and
relevance of transportation statistics and analyses collected,
supported, or disseminated by the Bureau and the Department;
and
‘‘(2) methods to encourage cooperation and interoperability
of transportation data collected by the Bureau, the operating
administrations of the Department, States, local governments,
metropolitan planning organizations, and private sector entities.
‘‘(c) MEMBERSHIP.—
‘‘(1) IN GENERAL.—The advisory council shall be composed
of not fewer than 9 and not more than 11 members appointed
by the Director.
‘‘(2) SELECTION.—In selecting members for the advisory
council, the Director shall appoint individuals who—
‘‘(A) are not officers or employees of the United States;
‘‘(B) possess expertise in—
‘‘(i) transportation data collection, analysis, or
application;
‘‘(ii) economics; or
‘‘(iii) transportation safety; and
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Consultation.
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘(C) represent a cross section of transportation stakeholders, to the greatest extent possible.
‘‘(d) TERMS OF APPOINTMENT.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
members of the advisory council shall be appointed to staggered
terms not to exceed 3 years.
‘‘(2) ADDITIONAL TERMS.—A member may be renominated
for 1 additional 3-year term.
‘‘(3) CURRENT MEMBERS.—A member serving on an advisory
council on transportation statistics on the day before the date
of enactment of the Transportation Research and Innovative
Technology Act of 2012 shall serve until the end of the
appointed term of the member.
‘‘(e) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—
The Federal Advisory Committee Act (5 U.S.C. App.) shall apply
to the advisory council established under this section, except that
section 14 of that Act shall not apply.
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‘‘§ 6306. Transportation statistical collection, analysis, and
dissemination
‘‘To ensure that all transportation statistical collection, analysis,
and dissemination is carried out in a coordinated manner, the
Director may—
‘‘(1) use the services, equipment, records, personnel,
information, and facilities of other Federal agencies, or State,
local, and private agencies and instrumentalities, subject to
the conditions that the applicable agency or instrumentality
consents to that use and with or without reimbursement for
such use;
‘‘(2) enter into agreements with the agencies and
instrumentalities described in paragraph (1) for purposes of
data collection and analysis;
‘‘(3) confer and cooperate with foreign governments, international organizations, and State, municipal, and other local
agencies;
‘‘(4) request such information, data, and reports from any
Federal agency as the Director determines necessary to carry
out this chapter;
‘‘(5) encourage replication, coordination, and sharing of
information among transportation agencies regarding information systems, information policy, and data; and
‘‘(6) confer and cooperate with Federal statistical agencies
as the Director determines necessary to carry out this chapter,
including by entering into cooperative data sharing agreements
in conformity with all laws and regulations applicable to the
disclosure and use of data.
‘‘§ 6307. Furnishing of information, data, or reports by Federal agencies
‘‘(a) IN GENERAL.—Except as provided in subsection (b), a Federal agency requested to furnish information, data, or reports by
the Director under section 6302(b)(3)(B) shall provide the information to the Director.
‘‘(b) PROHIBITION ON CERTAIN DISCLOSURES.—
‘‘(1) IN GENERAL.—An officer, employee, or contractor of
the Bureau may not—
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‘‘(A) make any disclosure in which the data provided
by an individual or organization under section 6302(b)(3)(B)
can be identified;
‘‘(B) use the information provided under section
6302(b)(3)(B) for a nonstatistical purpose; or
‘‘(C) permit anyone other than an individual authorized
by the Director to examine any individual report provided
under section 6302(b)(3)(B).
‘‘(2) COPIES OF REPORTS.—
‘‘(A) IN GENERAL.—No department, bureau, agency,
officer, or employee of the United States (except the
Director in carrying out this chapter) may require, for
any reason, a copy of any report that has been filed under
section 6302(b)(3)(B) with the Bureau or retained by an
individual respondent.
‘‘(B) LIMITATION ON JUDICIAL PROCEEDINGS.—A copy
of a report described in subparagraph (A) that has been
retained by an individual respondent or filed with the
Bureau or any of the employees, contractors, or agents
of the Bureau—
‘‘(i) shall be immune from legal process; and
‘‘(ii) shall not, without the consent of the individual
concerned, be admitted as evidence or used for any
purpose in any action, suit, or other judicial or administrative proceedings.
‘‘(C) APPLICABILITY.—This paragraph shall apply only
to reports that permit information concerning an individual
or organization to be reasonably determined by direct or
indirect means.
‘‘(3) INFORMING RESPONDENT OF USE OF DATA.—If the
Bureau is authorized by statute to collect data or information
for a nonstatistical purpose, the Director shall clearly distinguish the collection of the data or information, by rule and
on the collection instrument, in a manner that informs the
respondent who is requested or required to supply the data
or information of the nonstatistical purpose.
‘‘(c) TRANSPORTATION AND TRANSPORTATION-RELATED DATA
ACCESS.—The Director shall be provided access to any transportation and transportation-related information in the possession of
any Federal agency, except—
‘‘(1) information that is expressly prohibited by law from
being disclosed to another Federal agency; or
‘‘(2) information that the agency possessing the information
determines could not be disclosed without significantly
impairing the discharge of authorities and responsibilities
which have been delegated to, or vested by law, in such agency.
‘‘§ 6308. Proceeds of data product sales
‘‘Notwithstanding section 3302 of title 31, amounts received
by the Bureau from the sale of data products for necessary expenses
incurred may be credited to the Highway Trust Fund (other than
the Mass Transit Account) for the purpose of reimbursing the
Bureau for those expenses.
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‘‘§ 6309. National transportation atlas database
‘‘(a) IN GENERAL.—The Director shall develop and maintain
a national transportation atlas database that is comprised of
geospatial databases that depict—
‘‘(1) transportation networks;
‘‘(2) flows of people, goods, vehicles, and craft over the
transportation networks; and
‘‘(3) social, economic, and environmental conditions that
affect or are affected by the transportation networks.
‘‘(b) INTERMODAL NETWORK ANALYSIS.—The databases referred
to in subsection (a) shall be capable of supporting intermodal network analysis.
‘‘§ 6310. Limitations on statutory construction
‘‘Nothing in this chapter—
‘‘(1) authorizes the Bureau to require any other Federal
agency to collect data; or
‘‘(2) alters or diminishes the authority of any other officer
of the Department to collect and disseminate data independently.
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‘‘§ 6311. Research and development grants
‘‘The Secretary may make grants to, or enter into cooperative
agreements or contracts with, public and nonprofit private entities
(including State transportation departments, metropolitan planning
organizations, and institutions of higher education) for—
‘‘(1) investigation of the subjects described in section
6302(b)(3)(B)(vi);
‘‘(2) research and development of new methods of data
collection, standardization, management, integration, dissemination, interpretation, and analysis;
‘‘(3) demonstration programs by States, local governments,
and metropolitan planning organizations to coordinate data
collection, reporting, management, storage, and archiving to
simplify data comparisons across jurisdictions;
‘‘(4) development of electronic clearinghouses of transportation data and related information, as part of the Library;
and
‘‘(5) development and improvement of methods for sharing
geographic data, in support of the database under section 6310
and the National Spatial Data Infrastructure developed under
Executive Order 12906 (59 Fed. Reg. 17671) (or a successor
Executive Order).
‘‘§ 6312. Transportation statistics annual report
‘‘The Director shall submit to the President and Congress a
transportation statistics annual report, which shall include—
‘‘(1) information on the progress of the Director in carrying
out the duties described in section 6302(b)(3)(B);
‘‘(2) documentation of the methods used to obtain and
ensure the quality of the statistics presented in the report;
and
‘‘(3) any recommendations of the Director for improving
transportation statistical information.
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126 STAT. 895
‘‘§ 6313. Mandatory response authority for freight data collection
‘‘(a) FREIGHT DATA COLLECTION.—
‘‘(1) IN GENERAL.—An owner, official, agent, person in
charge, or assistant to the person in charge of a freight corporation, company, business, institution, establishment, or organization described in paragraph (2) shall be fined in accordance
with subsection (b) if that individual neglects or refuses, when
requested by the Director or other authorized officer, employee,
or contractor of the Bureau to submit data under section
6302(b)(3)(B)—
‘‘(A) to answer completely and correctly to the best
knowledge of that individual all questions relating to the
corporation, company, business, institution, establishment,
or other organization; or
‘‘(B) to make available records or statistics in the official custody of the individual.
‘‘(2) DESCRIPTION OF ENTITIES.—A freight corporation, company, business, institution, establishment, or organization
referred to in paragraph (1) is a corporation, company, business,
institution, establishment, or organization that—
‘‘(A) receives Federal funds relating to the freight program; and
‘‘(B) has consented to be subject to a fine under this
subsection on—
‘‘(i) refusal to supply any data requested; or
‘‘(ii) failure to respond to a written request.
‘‘(b) FINES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), an individual
described in subsection (a) shall be fined not more than $500.
‘‘(2) WILLFUL ACTIONS.—If an individual willfully gives a
false answer to a question described in subsection (a)(1), the
individual shall be fined not more than $10,000.’’.
(b) RULES OF CONSTRUCTION.—If the provisions of section 111
of title 49, United States Code, are transferred to chapter 63 of
that title, the following rules of construction apply:
(1) For purposes of determining whether 1 provision of
law supersedes another based on enactment later in time, a
chapter 63 provision is deemed to have been enacted on the
date of enactment of the corresponding section 111 provision.
(2) A reference to a section 111 provision, including a
reference in a regulation, order, or other law, is deemed to
refer to the corresponding chapter 63 provision.
(3) A regulation, order, or other administrative action in
effect under a section 111 provision continues in effect under
the corresponding chapter 63 provision.
(4) An action taken or an offense committed under a section
111 provision is deemed to have been taken or committed
under the corresponding chapter 63 provision.
(c) CONFORMING AMENDMENTS.—
(1) REPEAL.—Section 111 of title 49, United States Code,
is repealed, and the item relating to section 111 in the analysis
for chapter 1 of that title is deleted.
(2) ANALYSIS FOR SUBTITLE III.—The analysis for subtitle
III of title 49, United States Code, is amended by inserting
after the items for chapter 61 the following:
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Applicability.
49 USC 6301
note.
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‘‘CHAPTER 63—BUREAU
OF
TRANSPORTATION STATISTICS.’’.
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SEC. 52012. ADMINISTRATIVE AUTHORITY.
Section 112 of title 49, United States Code, is amended by
adding at the end the following:
‘‘(f) PROGRAM EVALUATION AND OVERSIGHT.—For each of fiscal
years 2013 and 2014, the Administrator is authorized to expend
not more than 11⁄2 percent of the amounts authorized to be appropriated for necessary expenses for administration and operations
of the Research and Innovative Technology Administration for the
coordination, evaluation, and oversight of the programs administered by the Administration.
‘‘(g) COLLABORATIVE RESEARCH AND DEVELOPMENT.—
‘‘(1) IN GENERAL.—To encourage innovative solutions to
multimodal transportation problems and stimulate the deployment of new technology, the Administrator may carry out,
on a cost-shared basis, collaborative research and development
with—
‘‘(A) non-Federal entities, including State and local
governments, foreign governments, institutions of higher
education, corporations, institutions, partnerships, sole
proprietorships, and trade associations that are incorporated or established under the laws of any State;
‘‘(B) Federal laboratories; and
‘‘(C) other Federal agencies.
‘‘(2) COOPERATION, GRANTS, CONTRACTS, AND AGREEMENTS.—Notwithstanding any other provision of law, the
Administrator may directly initiate contracts, grants, cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710a)), and other agreements to fund,
and accept funds from, the Transportation Research Board
of the National Research Council of the National Academy
of Sciences, State departments of transportation, cities, counties, institutions of higher education, associations, and the
agents of those entities to carry out joint transportation
research and technology efforts.
‘‘(3) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Federal share of the cost of an activity carried out under
paragraph (2) shall not exceed 50 percent.
‘‘(B) EXCEPTION.—If the Secretary determines that the
activity is of substantial public interest or benefit, the
Secretary may approve a greater Federal share.
‘‘(C) NON-FEDERAL SHARE.—All costs directly incurred
by the non-Federal partners, including personnel, travel,
facility, and hardware development costs, shall be credited
toward the non-Federal share of the cost of an activity
described in subparagraph (A).
‘‘(4) USE OF TECHNOLOGY.—The research, development, or
use of a technology under a contract, grant, cooperative research
and development agreement, or other agreement entered into
under this subsection, including the terms under which the
technology may be licensed and the resulting royalties may
be distributed, shall be subject to the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
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126 STAT. 897
‘‘(5) WAIVER OF ADVERTISING REQUIREMENTS.—Section 6101
of title 41 shall not apply to a contract, grant, or other agreement entered into under this section.’’.
SEC. 52013. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC PLANNING.
Section 508(a) of title 23, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘SAFETEA–LU’’ and
inserting ‘‘Transportation Research and Innovative Technology
Act of 2012’’; and
(2) in paragraph (2), by striking subparagraph (A) and
inserting the following:
‘‘(A) describe the primary purposes of the transportation research and development program, which shall
include, at a minimum—
‘‘(i) promoting safety;
‘‘(ii) reducing congestion and improving mobility;
‘‘(iii) preserving the environment;
‘‘(iv) preserving the existing transportation system;
‘‘(v) improving the durability and extending the
life of transportation infrastructure; and
‘‘(vi) improving goods movement.’’.
TITLE III—INTELLIGENT
TRANSPORTATION SYSTEMS RESEARCH
SEC. 53001. USE OF FUNDS FOR ITS ACTIVITIES.
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Section 513 of title 23, United States Code, is amended to
read as follows:
‘‘§ 513. Use of funds for ITS activities
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a
State or local government, tribal government, transit agency,
public toll authority, metropolitan planning organization, other
political subdivision of a State or local government, or a
multistate or multijurisdictional group applying through a
single lead applicant.
‘‘(2) MULTIJURISDICTIONAL GROUP.—The term ‘multijurisdictional group’ means a combination of State governments,
local governments, metropolitan planning agencies, transit
agencies, or other political subdivisions of a State that—
‘‘(A) have signed a written agreement to implement
an activity that meets the grant criteria under this section;
and
‘‘(B) is comprised of at least 2 members, each of whom
is an eligible entity.
‘‘(b) PURPOSE.—The purpose of this section is to develop, administer, communicate, and promote the use of products of research,
technology, and technology transfer programs.
‘‘(c) ITS ADOPTION.—
‘‘(1) INNOVATIVE TECHNOLOGIES AND STRATEGIES.—The Secretary shall encourage the deployment of ITS technologies that
will improve the performance of the National Highway System
in such areas as traffic operations, emergency response, incident
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PUBLIC LAW 112–141—JULY 6, 2012
management, surface transportation network management,
freight management, traffic flow information, and congestion
management by accelerating the adoption of innovative technologies through the use of—
‘‘(A) demonstration programs;
‘‘(B) grant funding;
‘‘(C) incentives to eligible entities; and
‘‘(D) other tools, strategies, or methods that will result
in the deployment of innovative ITS technologies.
‘‘(2) COMPREHENSIVE PLAN.—To carry out this section, the
Secretary shall develop a detailed and comprehensive plan that
addresses the manner in which incentives may be adopted,
as appropriate, through the existing deployment activities carried out by surface transportation modal administrations.’’.
SEC. 53002. GOALS AND PURPOSES.
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(a) IN GENERAL.—Chapter 5 of title 23, United States Code,
is amended by adding after section 513 the following:
‘‘§ 514. Goals and purposes
‘‘(a) GOALS.—The goals of the intelligent transportation system
program include—
‘‘(1) enhancement of surface transportation efficiency and
facilitation of intermodalism and international trade to enable
existing facilities to meet a significant portion of future
transportation needs, including public access to employment,
goods, and services and to reduce regulatory, financial, and
other transaction costs to public agencies and system users;
‘‘(2) achievement of national transportation safety goals,
including enhancement of safe operation of motor vehicles and
nonmotorized vehicles and improved emergency response to
collisions, with particular emphasis on decreasing the number
and severity of collisions;
‘‘(3) protection and enhancement of the natural environment and communities affected by surface transportation, with
particular emphasis on assisting State and local governments
to achieve national environmental goals;
‘‘(4) accommodation of the needs of all users of surface
transportation systems, including operators of commercial
motor vehicles, passenger motor vehicles, motorcycles, bicycles,
and pedestrians (including individuals with disabilities); and
‘‘(5) enhancement of national defense mobility and improvement of the ability of the United States to respond to securityrelated or other manmade emergencies and natural disasters.
‘‘(b) PURPOSES.—The Secretary shall implement activities under
the intelligent transportation system program, at a minimum—
‘‘(1) to expedite, in both metropolitan and rural areas,
deployment and integration of intelligent transportation systems for consumers of passenger and freight transportation;
‘‘(2) to ensure that Federal, State, and local transportation
officials have adequate knowledge of intelligent transportation
systems for consideration in the transportation planning
process;
‘‘(3) to improve regional cooperation and operations planning for effective intelligent transportation system deployment;
‘‘(4) to promote the innovative use of private resources
in support of intelligent transportation system development;
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‘‘(5) to facilitate, in cooperation with the motor vehicle
industry, the introduction of vehicle-based safety enhancing
systems;
‘‘(6) to support the application of intelligent transportation
systems that increase the safety and efficiency of commercial
motor vehicle operations;
‘‘(7) to develop a workforce capable of developing, operating,
and maintaining intelligent transportation systems;
‘‘(8) to provide continuing support for operations and
maintenance of intelligent transportation systems; and
‘‘(9) to ensure a systems approach that includes cooperation
among vehicles, infrastructure, and users.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of
title 23, United States Code, is amended by adding after the item
relating to section 513 the following:
‘‘514. Goals and purposes.’’.
SEC. 53003. GENERAL AUTHORITIES AND REQUIREMENTS.
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(a) IN GENERAL.—Chapter 5 of title 23, United States Code,
is amended by adding after section 514 (as added by section 53002)
the following:
‘‘§ 515. General authorities and requirements
‘‘(a) SCOPE.—Subject to the provisions of this chapter, the Secretary shall conduct an ongoing intelligent transportation system
program—
‘‘(1) to research, develop, and operationally test intelligent
transportation systems; and
‘‘(2) to provide technical assistance in the nationwide
application of those systems as a component of the surface
transportation systems of the United States.
‘‘(b) POLICY.—Intelligent transportation system research
projects and operational tests funded pursuant to this chapter shall
encourage and not displace public-private partnerships or private
sector investment in those tests and projects.
‘‘(c) COOPERATION WITH GOVERNMENTAL, PRIVATE, AND EDUCATIONAL ENTITIES.—The Secretary shall carry out the intelligent
transportation system program in cooperation with State and local
governments and other public entities, the private sector firms
of the United States, the Federal laboratories, and institutions
of higher education, including historically Black colleges and universities and other minority institutions of higher education.
‘‘(d) CONSULTATION WITH FEDERAL OFFICIALS.—In carrying out
the intelligent transportation system program, the Secretary shall
consult with the heads of other Federal agencies, as appropriate.
‘‘(e) TECHNICAL ASSISTANCE, TRAINING, AND INFORMATION.—
The Secretary may provide technical assistance, training, and
information to State and local governments seeking to implement,
operate, maintain, or evaluate intelligent transportation system
technologies and services.
‘‘(f) TRANSPORTATION PLANNING.—The Secretary may provide
funding to support adequate consideration of transportation systems
management and operations, including intelligent transportation
systems, within metropolitan and statewide transportation planning
processes.
‘‘(g) INFORMATION CLEARINGHOUSE.—
‘‘(1) IN GENERAL.—The Secretary shall—
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Establishment.
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‘‘(A) maintain a repository for technical and safety
data collected as a result of federally sponsored projects
carried out under this chapter; and
‘‘(B) make, on request, that information (except for
proprietary information and data) readily available to all
users of the repository at an appropriate cost.
‘‘(2) AGREEMENT.—
‘‘(A) IN GENERAL.—The Secretary may enter into an
agreement with a third party for the maintenance of the
repository for technical and safety data under paragraph
(1)(A).
‘‘(B) FEDERAL FINANCIAL ASSISTANCE.—If the Secretary
enters into an agreement with an entity for the maintenance of the repository, the entity shall be eligible for
Federal financial assistance under this section.
‘‘(3) AVAILABILITY OF INFORMATION.—Information in the
repository shall not be subject to sections 552 and 555 of
title 5, United States Code.
‘‘(h) ADVISORY COMMITTEE.—
‘‘(1) IN GENERAL.—The Secretary shall establish an
Advisory Committee to advise the Secretary on carrying out
this chapter.
‘‘(2) MEMBERSHIP.—The Advisory Committee shall have no
more than 20 members, be balanced between metropolitan and
rural interests, and include, at a minimum—
‘‘(A) a representative from a State highway department;
‘‘(B) a representative from a local highway department
who is not from a metropolitan planning organization;
‘‘(C) a representative from a State, local, or regional
transit agency;
‘‘(D) a representative from a metropolitan planning
organization;
‘‘(E) a private sector user of intelligent transportation
system technologies;
‘‘(F) an academic researcher with expertise in computer
science or another information science field related to intelligent transportation systems, and who is not an expert
on transportation issues;
‘‘(G) an academic researcher who is a civil engineer;
‘‘(H) an academic researcher who is a social scientist
with expertise in transportation issues;
‘‘(I) a representative from a nonprofit group representing the intelligent transportation system industry;
‘‘(J) a representative from a public interest group concerned with safety;
‘‘(K) a representative from a public interest group concerned with the impact of the transportation system on
land use and residential patterns; and
‘‘(L) members with expertise in planning, safety, telecommunications, utilities, and operations.
‘‘(3) DUTIES.—The Advisory Committee shall, at a minimum, perform the following duties:
‘‘(A) Provide input into the development of the intelligent transportation system aspects of the strategic plan
under section 508.
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126 STAT. 901
‘‘(B) Review, at least annually, areas of intelligent
transportation systems research being considered for
funding by the Department, to determine—
‘‘(i) whether these activities are likely to advance
either the state-of-the-practice or state-of-the-art in
intelligent transportation systems;
‘‘(ii) whether the intelligent transportation system
technologies are likely to be deployed by users, and
if not, to determine the barriers to deployment; and
‘‘(iii) the appropriate roles for government and the
private sector in investing in the research and technologies being considered.
‘‘(4) REPORT.—Not later than February 1 of each year after
the date of enactment of the Transportation Research and
Innovative Technology Act of 2012, the Secretary shall submit
to Congress a report that includes—
‘‘(A) all recommendations made by the Advisory Committee during the preceding calendar year;
‘‘(B) an explanation of the manner in which the Secretary has implemented those recommendations; and
‘‘(C) for recommendations not implemented, the reasons
for rejecting the recommendations.
‘‘(5) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—
The Advisory Committee shall be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
‘‘(i) REPORTING.—
‘‘(1) GUIDELINES AND REQUIREMENTS.—
‘‘(A) IN GENERAL.—The Secretary shall issue guidelines
and requirements for the reporting and evaluation of operational tests and deployment projects carried out under
this chapter.
‘‘(B) OBJECTIVITY AND INDEPENDENCE.—The guidelines
and requirements issued under subparagraph (A) shall
include provisions to ensure the objectivity and independence of the reporting entity so as to avoid any real or
apparent conflict of interest or potential influence on the
outcome by parties to any such test or deployment project
or by any other formal evaluation carried out under this
chapter.
‘‘(C) FUNDING.—The guidelines and requirements
issued under subparagraph (A) shall establish reporting
funding levels based on the size and scope of each test
or project that ensure adequate reporting of the results
of the test or project.
‘‘(2) SPECIAL RULE.—Any survey, questionnaire, or interview that the Secretary considers necessary to carry out the
reporting of any test, deployment project, or program assessment activity under this chapter shall not be subject to chapter
35 of title 44, United States Code.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of
title 23, United States Code, is amended by adding after the item
relating to section 514 (as added by section 53002) the following:
‘‘515. General authorities and requirements.’’.
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PUBLIC LAW 112–141—JULY 6, 2012
SEC. 53004. RESEARCH AND DEVELOPMENT.
(a) IN GENERAL.—Chapter 5 of title 23, United States Code,
is amended by adding after section 515 (as added by section 53003)
the following:
‘‘§ 516. Research and development
‘‘(a) IN GENERAL.—The Secretary shall carry out a comprehensive program of intelligent transportation system research and
development, and operational tests of intelligent vehicles, intelligent
infrastructure systems, and other similar activities that are necessary to carry out this chapter.
‘‘(b) PRIORITY AREAS.—Under the program, the Secretary shall
give higher priority to funding projects that—
‘‘(1) enhance mobility and productivity through improved
traffic management, incident management, transit management, freight management, road weather management, toll
collection, traveler information, or highway operations systems
and remote sensing products;
‘‘(2) use interdisciplinary approaches to develop traffic
management strategies and tools to address multiple impacts
of congestion concurrently;
‘‘(3) address traffic management, incident management,
transit management, toll collection traveler information, or
highway operations systems;
‘‘(4) incorporate research on the potential impact of environmental, weather, and natural conditions on intelligent transportation systems, including the effects of cold climates;
‘‘(5) enhance intermodal use of intelligent transportation
systems for diverse groups, including for emergency and healthrelated services;
‘‘(6) enhance safety through improved crash avoidance and
protection, crash and other notification, commercial motor
vehicle operations, and infrastructure-based or cooperative
safety systems; or
‘‘(7) facilitate the integration of intelligent infrastructure,
vehicle, and control technologies.
‘‘(c) FEDERAL SHARE.—The Federal share payable on account
of any project or activity carried out under subsection (a) shall
not exceed 80 percent.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of
title 23, United States Code, is amended by adding after the item
relating to section 515 (as added by section 53003) the following:
‘‘516. Research and development.’’.
SEC. 53005. NATIONAL ARCHITECTURE AND STANDARDS.
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(a) IN GENERAL.—Chapter 5 of title 23, United States Code,
is amended by adding after section 516 (as added by section 53004)
the following:
‘‘§ 517. National architecture and standards
‘‘(a) IN GENERAL.—
‘‘(1) DEVELOPMENT, IMPLEMENTATION, AND MAINTENANCE.—
In accordance with section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note;
110 Stat. 783; 115 Stat. 1241), the Secretary shall develop
and maintain a national ITS architecture and supporting ITS
standards and protocols to promote the use of systems
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engineering methods in the widespread deployment and evaluation of intelligent transportation systems as a component of
the surface transportation systems of the United States.
‘‘(2) INTEROPERABILITY AND EFFICIENCY.—To the maximum
extent practicable, the national ITS architecture and supporting
ITS standards and protocols shall promote interoperability
among, and efficiency of, intelligent transportation systems and
technologies implemented throughout the United States.
‘‘(3) USE OF STANDARDS DEVELOPMENT ORGANIZATIONS.—
In carrying out this section, the Secretary shall support the
development and maintenance of standards and protocols using
the services of such standards development organizations as
the Secretary determines to be necessary and whose memberships are comprised of, and represent, the surface transportation and intelligent transportation systems industries.
‘‘(b) STANDARDS FOR NATIONAL POLICY IMPLEMENTATION.—If
the Secretary finds that a standard is necessary for implementation
of a nationwide policy relating to user fee collection or other capability requiring nationwide uniformity, the Secretary, after consultation with stakeholders, may establish and require the use of that
standard.
‘‘(c) PROVISIONAL STANDARDS.—
‘‘(1) IN GENERAL.—If the Secretary finds that the development or balloting of an intelligent transportation system
standard jeopardizes the timely achievement of the objectives
described in subsection (a), the Secretary may establish a provisional standard, after consultation with affected parties, using,
to the maximum extent practicable, the work product of appropriate standards development organizations.
‘‘(2) PERIOD OF EFFECTIVENESS.—A provisional standard
established under paragraph (1) shall be published in the Federal Register and remain in effect until the appropriate standards development organization adopts and publishes a
standard.
‘‘(d) CONFORMITY WITH NATIONAL ARCHITECTURE.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Secretary shall ensure that intelligent transportation
system projects carried out using amounts made available from
the Highway Trust Fund, including amounts made available
to deploy intelligent transportation systems, conform to the
appropriate regional ITS architecture, applicable standards,
and protocols developed under subsection (a) or (c).
‘‘(2) DISCRETION OF THE SECRETARY.—The Secretary, at the
discretion of the Secretary, may offer an exemption from paragraph (1) for projects designed to achieve specific research
objectives outlined in the national intelligent transportation
system program plan or the surface transportation research
and development strategic plan developed under section 508.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of
title 23, United States Code, is amended by adding after the item
relating to section 516 (as added by section 53004) the following:
‘‘517. National architecture and standards.’’.
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PUBLIC LAW 112–141—JULY 6, 2012
SEC. 53006. VEHICLE-TO-VEHICLE AND VEHICLE-TO-INFRASTRUCTURE
COMMUNICATIONS SYSTEMS DEPLOYMENT.
(a) IN GENERAL.—Chapter 5 of title 23, United States Code,
is amended by adding after section 517 (as added by section 53005)
the following:
‘‘§ 518.
Deadline.
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Contracts.
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Vehicle-to-vehicle
and
vehicle-to-infrastructure
communications systems deployment
‘‘(a) IN GENERAL.—Not later than 3 years after the date of
enactment of this section, the Secretary shall submit to the Committees on Commerce, Science, and Transportation and Environment
and Public Works of the Senate and the Committees on Transportation and Infrastructure, Energy and Commerce, and Science,
Space, and Technology of the House of Representatives that—
‘‘(1) assesses the status of dedicated short-range communications technology and applications developed through
research and development;
‘‘(2) analyzes the known and potential gaps in short-range
communications technology and applications;
‘‘(3) defines a recommended implementation path for dedicated short-range communications technology and applications
that—
‘‘(A) is based on the assessment described in paragraph
(1); and
‘‘(B) takes into account the analysis described in paragraph (2);
‘‘(4) includes guidance on the relationship of the proposed
deployment of dedicated short-range communications to the
National ITS Architecture and ITS Standards; and
‘‘(5) ensures competition by not preferencing the use of
any particular frequency for vehicle to infrastructure operations.
‘‘(b) REPORT REVIEW.—The Secretary shall enter into agreements with the National Research Council and an independent
third party with subject matter expertise for the review of the
report described in subsection (a).’’.
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(b) CONFORMING AMENDMENT.—The analysis for chapter 5 of
title 23, United States Code, is amended by adding after section
517 (as added by section 53005) the following:
‘‘518. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment.’’.
DIVISION F—MISCELLANEOUS
TITLE I—REAUTHORIZATION OF
CERTAIN PROGRAMS
Subtitle A—Secure Rural Schools and
Community Self-determination Program
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SEC. 100101. SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION PROGRAM.
(a) AMENDMENTS.—The Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7101 et seq.) is
amended—
(1) in section 3(11)—
(A) in subparagraph (A), by striking ‘‘and’’ after the
semicolon at the end;
(B) in subparagraph (B)—
(i) by striking ‘‘fiscal year 2009 and each fiscal
year thereafter’’ and inserting ‘‘each of fiscal years
2009 through 2011’’; and
(ii) by striking the period at the end and inserting
‘‘; and’’; and
(C) by adding at the end the following:
‘‘(C) for fiscal year 2012 and each fiscal year thereafter,
the amount that is equal to 95 percent of the full funding
amount for the preceding fiscal year.’’;
(2) in sections 101, 102, 203, 207, 208, 304, and 402, by
striking ‘‘2011’’ each place it appears and inserting ‘‘2012’’;
(3) in section 102—
(A) by striking ‘‘2008’’ each place it appears and
inserting ‘‘2012’’;
(B) in subsection (b)(2)(B), by inserting ‘‘in 2012’’ before
‘‘, the election’’; and
(C) in subsection (d)—
(i) in paragraph (1)(A), by striking ‘‘paragraph
(3)(B)’’ and inserting ‘‘subparagraph (D)’’; and
(ii) in paragraph (3)—
(I) by striking subparagraph (A) and inserting
the following:
‘‘(A) NOTIFICATION.—The Governor of each eligible
State shall notify the Secretary concerned of an election
by an eligible county under this subsection not later than
September 30, 2012, and each September 30 thereafter
for each succeeding fiscal year.’’;
(II) by redesignating subparagraph (B) as
subparagraph (D) and moving the subparagraph
so as to appear at the end of paragraph (1) of
subsection (d); and
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16 USC 7102.
16 USC 7111
et seq.
16 USC 7112.
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16 USC 7113.
16 USC 7122.
16 USC 7124.
16 USC 7125.
16 USC 7128.
16 USC 7142.
16 USC 7144.
PUBLIC LAW 112–141—JULY 6, 2012
(III) by inserting after subparagraph (A) the
following:
‘‘(B) FAILURE TO ELECT.—If the Governor of an eligible
State fails to notify the Secretary concerned of the election
for an eligible county by the date specified in subparagraph
(A)—
‘‘(i) the eligible county shall be considered to have
elected to expend 80 percent of the funds in accordance
with paragraph (1)(A); and
‘‘(ii) the remainder shall be available to the Secretary concerned to carry out projects in the eligible
county to further the purpose described in section
202(b).’’;
(4) in section 103(d)(2), by striking ‘‘fiscal year 2011’’ and
inserting ‘‘each of fiscal years 2011 and 2012’’;
(5) in section 202, by adding at the end the following:
‘‘(c) ADMINISTRATIVE EXPENSES.—A resource advisory committee
may, in accordance with section 203, propose to use not more
than 10 percent of the project funds of an eligible county for any
fiscal year for administrative expenses associated with operating
the resource advisory committee under this title.’’;
(6) in section 204(e)(3)(B)(iii), by striking ‘‘and 2011’’ and
inserting ‘‘through 2012’’;
(7) in section 205(a)(4), by striking ‘‘2006’’ each place it
appears and inserting ‘‘2011’’;
(8) in section 208(b), by striking ‘‘2012’’ and inserting
‘‘2013’’;
(9) in section 302(a)(2)(A), by inserting ‘‘and’’ after the
semicolon; and
(10) in section 304(b), by striking ‘‘2012’’ and inserting
‘‘2013’’.
(b) FAILURE TO MAKE ELECTION.—For each county that failed
to make an election for fiscal year 2011 in accordance with section
102(d)(3)(A) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(d)(3)(A)), there shall be available to the Secretary of Agriculture to carry out projects to further
the purpose described in section 202(b) of that Act (16 U.S.C.
7122(b)), from amounts in the Treasury not otherwise appropriated,
the amount that is equal to 15 percent of the total share of the
State payment that otherwise would have been made to the county
under that Act for fiscal year 2011.
Subtitle B—Payment in Lieu of Taxes
Program
SEC. 100111. PAYMENTS IN LIEU OF TAXES.
Section 6906 of title 31, United States Code, is amended by
striking ‘‘2012’’ and inserting ‘‘2013’’.
Subtitle C—Offsets
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SEC. 100121. PHASED RETIREMENT AUTHORITY.
5 USC 8331.
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(a) CSRS.—Chapter 83 of title 5, United States Code, is
amended—
(1) in section 8331—
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(A) in paragraph (30) by striking ‘‘and’’ at the end;
(B) in paragraph (31) by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(32) ‘Director’ means the Director of the Office of Personnel
Management.’’;
(2) by inserting after section 8336 the following:
‘‘§ 8336a. Phased retirement
‘‘(a) For the purposes of this section—
‘‘(1) the term ‘composite retirement annuity’ means the
annuity computed when a phased retiree attains full retirement
status;
‘‘(2) the term ‘full retirement status’ means that a phased
retiree has ceased employment and is entitled, upon application,
to a composite retirement annuity;
‘‘(3) the term ‘phased employment’ means the less-thanfull-time employment of a phased retiree;
‘‘(4) the term ‘phased retiree’ means a retirement-eligible
employee who—
‘‘(A) makes an election under subsection (b); and
‘‘(B) has not entered full retirement status;
‘‘(5) the term ‘phased retirement annuity’ means the
annuity payable under this section before full retirement;
‘‘(6) the term ‘phased retirement percentage’ means the
percentage which, when added to the working percentage for
a phased retiree, produces a sum of 100 percent;
‘‘(7) the term ‘phased retirement period’ means the period
beginning on the date on which an individual becomes entitled
to receive a phased retirement annuity and ending on the
date on which the individual dies or separates from phased
employment;
‘‘(8) the term ‘phased retirement status’ means that a
phased retiree is concurrently employed in phased employment
and eligible to receive a phased retirement annuity;
‘‘(9) the term ‘retirement-eligible employee’—
‘‘(A) means an individual who, if the individual separated from the service, would meet the requirements for
retirement under subsection (a) or (b) of section 8336; but
‘‘(B) does not include an employee described in section
8335 after the date on which the employee is required
to be separated from the service by reason of such section;
and
‘‘(10) the term ‘working percentage’ means the percentage
of full-time employment equal to the quotient obtained by
dividing—
‘‘(A) the number of hours per pay period to be worked
by a phased retiree, as scheduled in accordance with subsection (b)(2); by
‘‘(B) the number of hours per pay period to be worked
by an employee serving in a comparable position on a
full-time basis.
‘‘(b)(1) With the concurrence of the head of the employing
agency, and under regulations promulgated by the Director, a retirement-eligible employee who has been employed on a full-time basis
for not less than the 3-year period ending on the date on which
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the retirement-eligible employee makes an election under this subsection may elect to enter phased retirement status.
‘‘(2)(A) Subject to subparagraph (B), at the time of entering
phased retirement status, a phased retiree shall be appointed to
a position for which the working percentage is 50 percent.
‘‘(B) The Director may, by regulation, provide for working
percentages different from the percentage specified under subparagraph (A), which shall be not less than 20 percent and not more
than 80 percent.
‘‘(C) The working percentage for a phased retiree may not
be changed during the phased retiree’s phased retirement period.
‘‘(D)(i) Not less than 20 percent of the hours to be worked
by a phased retiree shall consist of mentoring.
‘‘(ii) The Director may, by regulation, provide for exceptions
to the requirement under clause (i).
‘‘(iii) Clause (i) shall not apply to a phased retiree serving
in the United States Postal Service. Nothing in this clause shall
prevent the application of clause (i) or (ii) with respect to a phased
retiree serving in the Postal Regulatory Commission.
‘‘(3) A phased retiree—
‘‘(A) may not be employed in more than one position at
any time; and
‘‘(B) may transfer to another position in the same or a
different agency, only if the transfer does not result in a change
in the working percentage.
‘‘(4) A retirement-eligible employee may make not more than
one election under this subsection during the retirement-eligible
employee’s lifetime.
‘‘(5) A retirement-eligible employee who makes an election
under this subsection may not make an election under section
8343a.
‘‘(c)(1) Except as otherwise provided under this subsection, the
phased retirement annuity for a phased retiree is the product
obtained by multiplying—
‘‘(A) the amount of an annuity computed under section
8339 that would have been payable to the phased retiree if,
on the date on which the phased retiree enters phased retirement status, the phased retiree had separated from service
and retired under section 8336(a) or (b); by
‘‘(B) the phased retirement percentage for the phased
retiree.
‘‘(2) A phased retirement annuity shall be paid in addition
to the basic pay for the position to which a phased retiree is
appointed during phased employment.
‘‘(3) A phased retirement annuity shall be adjusted in accordance with section 8340.
‘‘(4)(A) A phased retirement annuity shall not be subject to
reduction for any form of survivor annuity, shall not serve as
the basis of the computation of any survivor annuity, and shall
not be subject to any court order requiring a survivor annuity
to be provided to any individual.
‘‘(B) A phased retirement annuity shall be subject to a court
order providing for division, allotment, assignment, execution, levy,
attachment, garnishment, or other legal process on the same basis
as other annuities.
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126 STAT. 909
‘‘(5) Any reduction of a phased retirement annuity based on
an election under section 8334(d)(2) shall be applied to the phased
retirement annuity after computation under paragraph (1).
‘‘(6)(A) Any deposit, or election of an actuarial annuity reduction
in lieu of a deposit, for military service or for creditable civilian
service for which retirement deductions were not made or refunded
shall be made by a retirement-eligible employee at or before the
time the retirement-eligible employee enters phased retirement
status. No such deposit may be made, or actuarial adjustment
in lieu thereof elected, at the time a phased retiree enters full
retirement status.
‘‘(B) Notwithstanding subparagraph (A), if a phased retiree
does not make such a deposit and dies in service as a phased
retiree, a survivor of the phased retiree shall have the same right
to make such deposit as would have been available had the
employee not entered phased retirement status and died in service.
‘‘(C) If a phased retiree makes an election for an actuarial
annuity reduction under section 8334(d)(2) and dies in service as
a phased retiree, the amount of any deposit upon which such
actuarial reduction shall have been based shall be deemed to have
been fully paid.
‘‘(7) A phased retirement annuity shall commence on the date
on which a phased retiree enters phased employment.
‘‘(8) No unused sick leave credit may be used in the computation
of the phased retirement annuity.
‘‘(d) All basic pay not in excess of the full-time rate of pay
for the position to which a phased retiree is appointed shall be
deemed to be basic pay for purposes of section 8334.
‘‘(e) Under such procedures as the Director may prescribe,
a phased retiree may elect to enter full retirement status at any
time. Upon making such an election, a phased retiree shall be
entitled to a composite retirement annuity.
‘‘(f)(1) Except as provided otherwise under this subsection, a
composite retirement annuity is a single annuity computed under
regulations prescribed by the Director, equal to the sum of—
‘‘(A) the amount of the phased retirement annuity as of
the date of full retirement, before any reduction based on
an election under section 8334(d)(2), and including any adjustments made under section 8340; and
‘‘(B) the product obtained by multiplying—
‘‘(i) the amount of an annuity computed under section
8339 that would have been payable at the time of full
retirement if the individual had not elected a phased retirement and as if the individual was employed on a fulltime basis in the position occupied during the phased retirement period and before any reduction for survivor annuity
or reduction based on an election under section 8334(d)(2);
by
‘‘(ii) the working percentage.
‘‘(2) After computing a composite retirement annuity under
paragraph (1), the Director shall adjust the amount of the annuity
for any applicable reductions for a survivor annuity and any previously elected actuarial reduction under section 8334(d)(2).
‘‘(3) A composite retirement annuity shall be adjusted in accordance with section 8340, except that subsection (c)(1) of that section
shall not apply.
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Regulations.
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‘‘(4) In computing a composite retirement annuity under paragraph (1)(B)(i), the unused sick leave to the credit of a phased
retiree at the time of entry into full retirement status shall be
adjusted by dividing the number of hours of unused sick leave
by the working percentage.
‘‘(g)(1) Under such procedures and conditions as the Director
may provide, and with the concurrence of the head of the employing
agency, a phased retiree may elect to terminate phased retirement
status and return to a full-time work schedule.
‘‘(2) Upon entering a full-time work schedule based upon an
election under paragraph (1), the phased retirement annuity of
a phased retiree shall terminate.
‘‘(3) After the termination of a phased retirement annuity under
this subsection, the individual’s rights under this subchapter shall
be determined based on the law in effect at the time of any subsequent separation from service. For purposes of this subchapter
or chapter 84, at time of the subsequent separation from service,
the phased retirement period shall be treated as if it had been
a period of part-time employment with the work schedule described
in subsection (b)(2).
‘‘(h) For purposes of section 8341—
‘‘(1) the death of a phased retiree shall be deemed to
be the death in service of an employee; and
‘‘(2) the phased retirement period shall be deemed to have
been a period of part-time employment with the work schedule
described in subsection (b)(2).
‘‘(i) Employment of a phased retiree shall not be deemed to
be part-time career employment, as defined in section 3401(2).
‘‘(j) A phased retiree is not eligible to apply for an annuity
under section 8337.
‘‘(k) For purposes of section 8341(h)(4), retirement shall be
deemed to occur on the date on which a phased retiree enters
into full retirement status.
‘‘(l) For purposes of sections 8343 and 8351, and subchapter
III of chapter 84, a phased retiree shall be deemed to be an
employee.
‘‘(m) A phased retiree is not subject to section 8344.
‘‘(n) For purposes of chapter 87, a phased retiree shall be
deemed to be receiving basic pay at the rate of a full-time employee
in the position to which the phased retiree is appointed.’’; and
(3) in the table of sections by inserting after the item
relating to section 8336 the following:
‘‘8336a. Phased retirement.’’.
(b) FERS.—Chapter 84 of title 5, United States Code, is
amended—
(1) by inserting after section 8412 the following new section:
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‘‘§ 8412a. Phased retirement
‘‘(a) For the purposes of this section—
‘‘(1) the term ‘composite retirement annuity’ means the
annuity computed when a phased retiree attains full retirement
status;
‘‘(2) the term ‘full retirement status’ means that a phased
retiree has ceased employment and is entitled, upon application,
to a composite retirement annuity;
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 911
‘‘(3) the term ‘phased employment’ means the less-thanfull-time employment of a phased retiree;
‘‘(4) the term ‘phased retiree’ means a retirement-eligible
employee who—
‘‘(A) makes an election under subsection (b); and
‘‘(B) has not entered full retirement status;
‘‘(5) the term ‘phased retirement annuity’ means the
annuity payable under this section before full retirement;
‘‘(6) the term ‘phased retirement percentage’ means the
percentage which, when added to the working percentage for
a phased retiree, produces a sum of 100 percent;
‘‘(7) the term ‘phased retirement period’ means the period
beginning on the date on which an individual becomes entitled
to receive a phased retirement annuity and ending on the
date on which the individual dies or separates from phased
employment;
‘‘(8) the term ‘phased retirement status’ means that a
phased retiree is concurrently employed in phased employment
and eligible to receive a phased retirement annuity;
‘‘(9) the term ‘retirement-eligible employee’—
‘‘(A) means an individual who, if the individual separated from the service, would meet the requirements for
retirement under subsection (a) or (b) of section 8412; and
‘‘(B) does not include—
‘‘(i) an individual who, if the individual separated
from the service, would meet the requirements for
retirement under subsection (d) or (e) of section 8412;
but
‘‘(ii) does not include an employee described in
section 8425 after the date on which the employee
is required to be separated from the service by reason
of such section; and
‘‘(10) the term ‘working percentage’ means the percentage
of full-time employment equal to the quotient obtained by
dividing—
‘‘(A) the number of hours per pay period to be worked
by a phased retiree, as scheduled in accordance with subsection (b)(2); by
‘‘(B) the number of hours per pay period to be worked
by an employee serving in a comparable position on a
full-time basis.
‘‘(b)(1) With the concurrence of the head of the employing
agency, and under regulations promulgated by the Director, a retirement-eligible employee who has been employed on a full-time basis
for not less than the 3-year period ending on the date on which
the retirement-eligible employee makes an election under this subsection may elect to enter phased retirement status.
‘‘(2)(A) Subject to subparagraph (B), at the time of entering
phased retirement status, a phased retiree shall be appointed to
a position for which the working percentage is 50 percent.
‘‘(B) The Director may, by regulation, provide for working
percentages different from the percentage specified under subparagraph (A), which shall be not less than 20 percent and not more
than 80 percent.
‘‘(C) The working percentage for a phased retiree may not
be changed during the phased retiree’s phased retirement period.
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126 STAT. 912
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(D)(i) Not less than 20 percent of the hours to be worked
by a phased retiree shall consist of mentoring.
‘‘(ii) The Director may, by regulation, provide for exceptions
to the requirement under clause (i).
‘‘(iii) Clause (i) shall not apply to a phased retiree serving
in the United States Postal Service. Nothing in this clause shall
prevent the application of clause (i) or (ii) with respect to a phased
retiree serving in the Postal Regulatory Commission.
‘‘(3) A phased retiree—
‘‘(A) may not be employed in more than one position at
any time; and
‘‘(B) may transfer to another position in the same or a
different agency, only if the transfer does not result in a change
in the working percentage.
‘‘(4) A retirement-eligible employee may make not more than
one election under this subsection during the retirement-eligible
employee’s lifetime.
‘‘(5) A retirement-eligible employee who makes an election
under this subsection may not make an election under section
8420a.
‘‘(c)(1) Except as otherwise provided under this subsection, the
phased retirement annuity for a phased retiree is the product
obtained by multiplying—
‘‘(A) the amount of an annuity computed under section
8415 that would have been payable to the phased retiree if,
on the date on which the phased retiree enters phased retirement status, the phased retiree had separated from service
and retired under section 8412 (a) or (b); by
‘‘(B) the phased retirement percentage for the phased
retiree.
‘‘(2) A phased retirement annuity shall be paid in addition
to the basic pay for the position to which a phased retiree is
appointed during the phased employment.
‘‘(3) A phased retirement annuity shall be adjusted in accordance with section 8462.
‘‘(4)(A) A phased retirement annuity shall not be subject to
reduction for any form of survivor annuity, shall not serve as
the basis of the computation of any survivor annuity, and shall
not be subject to any court order requiring a survivor annuity
to be provided to any individual.
‘‘(B) A phased retirement annuity shall be subject to a court
order providing for division, allotment, assignment, execution, levy,
attachment, garnishment, or other legal process on the same basis
as other annuities.
‘‘(5)(A) Any deposit, or election of an actuarial annuity reduction
in lieu of a deposit, for military service or for creditable civilian
service for which retirement deductions were not made or refunded,
shall be made by a retirement-eligible employee at or before the
time the retirement-eligible employee enters phased retirement
status. No such deposit may be made, or actuarial adjustment
in lieu thereof elected, at the time a phased retiree enters full
retirement status.
‘‘(B) Notwithstanding subparagraph (A), if a phased retiree
does not make such a deposit and dies in service as a phased
retiree, a survivor of the phased retiree shall have the same right
to make such deposit as would have been available had the
employee not entered phased retirement status and died in service.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 913
‘‘(6) A phased retirement annuity shall commence on the date
on which a phased retiree enters phased employment.
‘‘(7) No unused sick leave credit may be used in the computation
of the phased retirement annuity.
‘‘(d) All basic pay not in excess of the full-time rate of pay
for the position to which a phased retiree is appointed shall be
deemed to be basic pay for purposes of sections 8422 and 8423.
‘‘(e) Under such procedures as the Director may prescribe,
a phased retiree may elect to enter full retirement status at any
time. Upon making such an election, a phased retiree shall be
entitled to a composite retirement annuity.
‘‘(f)(1) Except as provided otherwise under this subsection, a
composite retirement annuity is a single annuity computed under
regulations prescribed by the Director, equal to the sum of—
‘‘(A) the amount of the phased retirement annuity as of
the date of full retirement, including any adjustments made
under section 8462; and
‘‘(B) the product obtained by multiplying—
‘‘(i) the amount of an annuity computed under section
8412 that would have been payable at the time of full
retirement if the individual had not elected a phased retirement and as if the individual was employed on a fulltime basis in the position occupied during the phased retirement period and before any adjustment to provide for a
survivor annuity; by
‘‘(ii) the working percentage.
‘‘(2) After computing a composite retirement annuity under
paragraph (1), the Director shall adjust the amount of the annuity
for any applicable reductions for a survivor annuity.
‘‘(3) A composite retirement annuity shall be adjusted in accordance with section 8462, except that subsection (c)(1) of that section
shall not apply.
‘‘(4) In computing a composite retirement annuity under paragraph (1)(B)(i), the unused sick leave to the credit of a phased
retiree at the time of entry into full retirement status shall be
adjusted by dividing the number of hours of unused sick leave
by the working percentage.
‘‘(g)(1) Under such procedures and conditions as the Director
may provide, and with the concurrence of the head of employing
agency, a phased retiree may elect to terminate phased retirement
status and return to a full-time work schedule.
‘‘(2) Upon entering a full-time work schedule based on an election under paragraph (1), the phased retirement annuity of a phased
retiree shall terminate.
‘‘(3) After termination of the phased retirement annuity under
this subsection, the individual’s rights under this chapter shall
be determined based on the law in effect at the time of any subsequent separation from service. For purposes of this chapter, at
the time of the subsequent separation from service, the phased
retirement period shall be treated as if it had been a period of
part-time employment with the work schedule described in subsection (b)(2).
‘‘(h) For purposes of subchapter IV—
‘‘(1) the death of a phased retiree shall be deemed to
be the death in service of an employee;
‘‘(2) except for purposes of section 8442(b)(1)(A)(i), the
phased retirement period shall be deemed to have been a period
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of part-time employment with the work schedule described
in subsection (b)(2) of this section; and
‘‘(3) for purposes of section 8442(b)(1)(A)(i), the phased
retiree shall be deemed to have been at the full-time rate
of pay for the position occupied.
‘‘(i) Employment of a phased retiree shall not be deemed to
be part-time career employment, as defined in section 3401(2).
‘‘(j) A phased retiree is not eligible to receive an annuity supplement under section 8421.
‘‘(k) For purposes of subchapter III, a phased retiree shall
be deemed to be an employee.
‘‘(l) For purposes of section 8445(d), retirement shall be deemed
to occur on the date on which a phased retiree enters into full
retirement status.
‘‘(m) A phased retiree is not eligible to apply for an annuity
under subchapter V.
‘‘(n) A phased retiree is not subject to section 8468.
‘‘(o) For purposes of chapter 87, a phased retiree shall be
deemed to be receiving basic pay at the rate of a full-time employee
in the position to which the phased retiree is appointed.’’; and
(2) in the table of sections by inserting after the item
relating to section 8412 the following:
‘‘8412a. Phased retirement.’’.
26 USC 72.
5 USC 8331 note.
(c) EXEMPTION FROM 10-PERCENT ADDITIONAL TAX ON EARLY
DISTRIBUTIONS.—Section 72(t)(2)(A) of the Internal Revenue Code
of 1986 is amended by striking ‘‘or’’ at the end of clause (vi),
by striking the period at the end of clause (vii) and inserting
‘‘, or’’, and by adding at the end the following:
‘‘(viii) payments under a phased retirement
annuity under section 8366a(a)(5) or 8412a(a)(5) of title
5, United States Code, or a composite retirement
annuity under section 8366a(a)(1) or 8412a(a)(1) of
such title.’’.
(d) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect on the effective date of the implementing
regulations issued by the Director of the Office of Personnel
Management.
SEC. 100122. ROLL-YOUR-OWN CIGARETTE MACHINES.
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(a) IN GENERAL.—Subsection (d) of section 5702 of the Internal
Revenue Code of 1986 is amended by adding at the end the following
new flush sentence:
‘‘Such term shall include any person who for commercial purposes
makes available for consumer use (including such consumer’s personal consumption or use under paragraph (1)) a machine capable
of making cigarettes, cigars, or other tobacco products. A person
making such a machine available for consumer use shall be deemed
the person making the removal as defined by subsection (j) with
respect to any tobacco products manufactured by such machine.
A person who sells a machine directly to a consumer at retail
for a consumer’s personal home use is not making a machine
available for commercial purposes if such machine is not used
at a retail premises and is designed to produce tobacco products
only in personal use quantities.’’.
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(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to articles removed after the date of the enactment
of this Act.
26 USC 5702
note.
SEC. 100123. CHANGE IN FMAP INCREASE FOR DISASTER RECOVERY
STATES.
(a) ACCELERATED DATE FOR PRIOR AMENDMENTS.—Section
3204(b) of the Middle Class Tax Relief and Job Creation Act of
2012 (Public Law 112–96) is amended by striking ‘‘October 1, 2013’’
and inserting ‘‘October 1, 2012’’.
(b) APPLICATION OF 50 PERCENT IN FISCAL YEAR 2013.—
Subparagraph (B) of section 1905(aa)(1) of the Social Security Act
(42 U.S.C. 1396d(aa)(1)), as amended by section 3204(a) of Public
Law 112–96, is amended by striking ‘‘25 percent’’ and inserting
‘‘25 percent (or 50 percent in the case of fiscal year 2013)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall be effective as if included in the enactment of section 3204
of Public Law 112–96.
42 USC 1396d
note.
42 USC 1396d
note.
SEC. 100124. REPEALS.
(a) TRANSPORTATION REQUIREMENTS FOR CERTAIN EXPORTS
SPONSORED BY THE SECRETARY OF AGRICULTURE.—
(1) REPEAL.—Subsections (a) and (c) of section 55314 of
title 46, United States Code, are repealed.
(2) ACTIVITIES DESCRIBED.—Subsection (b) of section 55314
of title 46, United States Code, is amended by striking ‘‘This
section applies to export activity’’ and inserting ‘‘The activities
specified in this subsection are export activities’’.
(b) FINANCING THE TRANSPORTATION OF AGRICULTURAL
COMMODITIES.—Subsection (a) of section 55316 of title 46, United
States Code, is repealed.
(c) CONFORMING AMENDMENTS.—
(1) MINIMUM TONNAGE.—Section 55315(b) of title 46, United
States Code, is amended by striking ‘‘subject to section 55314’’
and inserting ‘‘specified in section 55314(b)’’.
(2) ISSUANCE AND PURCHASE OF OBLIGATIONS AND NOTIFICATION TO CONGRESS OF INSUFFICIENCY.—Section 55316 of title
46, United States Code, is amended—
(A) in subsection (c)(1) by striking ‘‘under subsections
(a) and (b)’’ and inserting ‘‘under subsection (b)’’; and
(B) in subsection (f) by striking ‘‘subsections (a) and
(b) and section 55314(a) of this title’’ and inserting ‘‘subsection (b)’’.
(3) TERMINATION OF SUBCHAPTER.—Section 55317 of title
46, United States Code, is amended by striking ‘‘sections
55314(a) and 55316(a) and (b)’’ and inserting ‘‘section 55316(b)’’.
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SEC. 100125. LIMITATION ON PAYMENTS FROM THE ABANDONED MINE
RECLAMATION FUND.
Section 411(h) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1240a(h)) is amended by adding at the
end the following:
‘‘(5) LIMITATION ON ANNUAL PAYMENTS.—Notwithstanding
any other provision of this subsection, the total annual payment
to a certified State or Indian tribe under this subsection shall
be not more than $15,000,000.’’.
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PUBLIC LAW 112–141—JULY 6, 2012
TITLE II—FLOOD INSURANCE
Biggert-Waters
Flood Insurance
Reform Act
of 2012.
Subtitle A—Flood Insurance Reform and
Modernization
42 USC 4001
note.
SEC. 100201. SHORT TITLE.
42 USC 4004.
SEC. 100202. DEFINITIONS.
This subtitle may be cited as the ‘‘Biggert-Waters Flood Insurance Reform Act of 2012’’.
(a) IN GENERAL.—In this subtitle, the following definitions shall
apply:
(1) 100-YEAR FLOODPLAIN.—The term ‘‘100-year floodplain’’
means that area which is subject to inundation from a flood
having a 1-percent chance of being equaled or exceeded in
any given year.
(2) 500-YEAR FLOODPLAIN.—The term ‘‘500-year floodplain’’
means that area which is subject to inundation from a flood
having a 0.2-percent chance of being equaled or exceeded in
any given year.
(3) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Federal Emergency Management Agency.
(4) NATIONAL FLOOD INSURANCE PROGRAM.—The term
‘‘National Flood Insurance Program’’ means the program established under the National Flood Insurance Act of 1968 (42
U.S.C. 4011 et seq.).
(5) WRITE YOUR OWN.—The term ‘‘Write Your Own’’ means
the cooperative undertaking between the insurance industry
and the Federal Insurance Administration which allows participating property and casualty insurance companies to write
and service standard flood insurance policies.
(b) COMMON TERMINOLOGY.—Except as otherwise provided in
this subtitle, any terms used in this subtitle shall have the meaning
given to such terms under section 1370 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4121).
SEC. 100203. EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM.
(a) FINANCING.—Section 1309(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by striking ‘‘July
31, 2012’’ and inserting ‘‘September 30, 2017’’.
(b) PROGRAM EXPIRATION.—Section 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking
‘‘July 31, 2012’’ and inserting ‘‘September 30, 2017’’.
wwoods2 on DSKR6SHH1PROD with PUBLIC LAWS
SEC. 100204. AVAILABILITY OF INSURANCE FOR MULTIFAMILY PROPERTIES.
Section 1305 of the National Flood Insurance Act of 1968 (42
U.S.C. 4012) is amended—
(1) in subsection (b)(2)(A), by inserting ‘‘not described in
subsection (a) or (d)’’ after ‘‘properties’’; and
(2) by adding at the end the following:
‘‘(d) AVAILABILITY OF INSURANCE FOR MULTIFAMILY PROPERTIES.—
‘‘(1) IN GENERAL.—The Administrator shall make flood
insurance available to cover residential properties of 5 or more
residences. Notwithstanding any other provision of law, the
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maximum coverage amount that the Administrator may make
available under this subsection to such residential properties
shall be equal to the coverage amount made available to
commercial properties.
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to limit the ability of individuals residing
in residential properties of 5 or more residences to obtain
insurance for the contents and personal articles located in
such residences.’’.
SEC. 100205. REFORM OF PREMIUM RATE STRUCTURE.
(a) TO EXCLUDE CERTAIN PROPERTIES FROM RECEIVING SUBPREMIUM RATES.—
(1) IN GENERAL.—Section 1307 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014) is amended—
(A) in subsection (a)(2), by striking ‘‘for any residential
property which is not the primary residence of an individual; and’’ and inserting the following: ‘‘for—
‘‘(A) any residential property which is not the primary
residence of an individual;
‘‘(B) any severe repetitive loss property;
‘‘(C) any property that has incurred flood-related damage in which the cumulative amounts of payments under
this title equaled or exceeded the fair market value of
such property;
‘‘(D) any business property; or
‘‘(E) any property which on or after the date of enactment of the Biggert-Waters Flood Insurance Reform Act
of 2012 has experienced or sustained—
‘‘(i) substantial damage exceeding 50 percent of
the fair market value of such property; or
‘‘(ii) substantial improvement exceeding 30 percent
of the fair market value of such property; and’’; and
(B) by adding at the end the following:
‘‘(g) NO EXTENSION OF SUBSIDY TO NEW POLICIES OR LAPSED
POLICIES.—The Administrator shall not provide flood insurance to
prospective insureds at rates less than those estimated under subsection (a)(1), as required by paragraph (2) of that subsection,
for—
‘‘(1) any property not insured by the flood insurance program as of the date of enactment of the Biggert-Waters Flood
Insurance Reform Act of 2012;
‘‘(2) any property purchased after the date of enactment
of the Biggert-Waters Flood Insurance Reform Act of 2012;
‘‘(3) any policy under the flood insurance program that
has lapsed in coverage, as a result of the deliberate choice
of the holder of such policy; or
‘‘(4) any prospective insured who refuses to accept any
offer for mitigation assistance by the Administrator (including
an offer to relocate), including an offer of mitigation assistance—
‘‘(A) following a major disaster, as defined in section
102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122); or
‘‘(B) in connection with—
‘‘(i) a repetitive loss property; or
‘‘(ii) a severe repetitive loss property.
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126 STAT. 918
Regulations.
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42 USC 4014
note.
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‘‘(h) DEFINITION.—In this section, the term ‘severe repetitive
loss property’ has the following meaning:
‘‘(1) SINGLE-FAMILY PROPERTIES.—In the case of a property
consisting of 1 to 4 residences, such term means a property
that—
‘‘(A) is covered under a contract for flood insurance
made available under this title; and
‘‘(B) has incurred flood-related damage—
‘‘(i) for which 4 or more separate claims payments
have been made under flood insurance coverage under
this chapter, with the amount of each such claim
exceeding $5,000, and with the cumulative amount
of such claims payments exceeding $20,000; or
‘‘(ii) for which at least 2 separate claims payments
have been made under such coverage, with the cumulative amount of such claims exceeding the value of
the property.
‘‘(2) MULTIFAMILY PROPERTIES.—In the case of a property
consisting of 5 or more residences, such term shall have such
meaning as the Director shall by regulation provide.’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall become effective 90 days after the date of enactment
of this Act.
(b) ESTIMATES OF PREMIUM RATES.—Section 1307(a)(1)(B) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)(B))
is amended—
(1) in clause (ii), by striking ‘‘and’’ at the end;
(2) in clause (iii), by adding ‘‘and’’ at the end; and
(3) by inserting after clause (iii) the following:
‘‘(iv) all costs, as prescribed by principles and
standards of practice in ratemaking adopted by the
American Academy of Actuaries and the Casualty Actuarial Society, including—
‘‘(I) an estimate of the expected value of future
costs,
‘‘(II) all costs associated with the transfer of
risk, and
‘‘(III) the costs associated with an individual
risk transfer with respect to risk classes, as defined
by the Administrator,’’.
(c) INCREASE IN ANNUAL LIMITATION ON PREMIUM INCREASES.—
Section 1308(e) of the National Flood Insurance Act of 1968 (42
U.S.C. 4015(e)) is amended—
(1) in the matter preceding paragraph (1)—
(A) by striking ‘‘or (3)’’; and
(B) by inserting ‘‘any properties’’ after ‘‘under this title
for’’;
(2) in paragraph (1)—
(A) by striking ‘‘any properties within any single’’ and
inserting ‘‘within any single’’; and
(B) by striking ‘‘10 percent’’ and inserting ‘‘20 percent’’;
and
(3) by striking paragraph (2) and inserting the following:
‘‘(2) described in subparagraphs (A) through (E) of section
1307(a)(2) shall be increased by 25 percent each year, until
the average risk premium rate for such properties is equal
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126 STAT. 919
to the average of the risk premium rates for properties
described under paragraph (1).’’.
(d) PREMIUM PAYMENT FLEXIBILITY FOR NEW AND EXISTING
POLICYHOLDERS.—Section 1308 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015) is amended by adding at the end
the following:
‘‘(g) FREQUENCY OF PREMIUM COLLECTION.—With respect to
any chargeable premium rate prescribed under this section, the
Administrator shall provide policyholders that are not required
to escrow their premiums and fees for flood insurance as set forth
under section 102 of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4012a) with the option of paying their premiums either
annually or in more frequent installments.’’.
(e) RULE OF CONSTRUCTION.—Nothing in this section or the
amendments made by this section may be construed to affect the
requirement under section 2(c) of the Act entitled ‘‘An Act to extend
the National Flood Insurance Program, and for other purposes’’,
approved May 31, 2012 (Public Law 112–123), that the first increase
in chargeable risk premium rates for residential properties which
are not the primary residence of an individual take effect on July
1, 2012.
Effective date.
42 USC 4015
note.
SEC. 100207. PREMIUM ADJUSTMENT.
Section 1308 of the National Flood Insurance Act of 1968 (42
U.S.C. 4015), as amended by section 100205, is further amended
by adding at the end the following:
‘‘(h) PREMIUM ADJUSTMENT TO REFLECT CURRENT RISK OF
FLOOD.—Notwithstanding subsection (f), upon the effective date
of any revised or updated flood insurance rate map under this
Act, the Flood Disaster Protection Act of 1973, or the BiggertWaters Flood Insurance Reform Act of 2012, any property located
in an area that is participating in the national flood insurance
program shall have the risk premium rate charged for flood insurance on such property adjusted to accurately reflect the current
risk of flood to such property, subject to any other provision of
this Act. Any increase in the risk premium rate charged for flood
insurance on any property that is covered by a flood insurance
policy on the effective date of such an update that is a result
of such updating shall be phased in over a 5-year period, at the
rate of 20 percent for each year following such effective date. In
the case of any area that was not previously designated as an
area having special flood hazards and that, pursuant to any
issuance, revision, updating, or other change in a flood insurance
map, becomes designated as such an area, the chargeable risk
premium rate for flood insurance under this title that is purchased
on or after the date of enactment of this subsection with respect
to any property that is located within such area shall be phased
in over a 5-year period, at the rate of 20 percent for each year
following the effective date of such issuance, revision, updating,
or change.’’.
Time period.
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SEC. 100208. ENFORCEMENT.
Section 102(f)(5) of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4012a(f)(5)) is amended—
(1) in the first sentence, by striking ‘‘$350’’ and inserting
‘‘$2,000’’; and
(2) by striking the second sentence.
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126 STAT. 920
PUBLIC LAW 112–141—JULY 6, 2012
SEC. 100209. ESCROW OF FLOOD INSURANCE PAYMENTS.
Time period.
42 USC 4012a
note.
(a) IN GENERAL.—Paragraph (1) of section 102(d) of the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4012a(d)) is amended
to read as follows:
‘‘(1) REGULATED LENDING INSTITUTIONS.—
‘‘(A) FEDERAL ENTITIES RESPONSIBLE FOR LENDING
REGULATIONS.—Each Federal entity for lending regulation
(after consultation and coordination with the Federal
Financial Institutions Examination Council) shall, by regulation, direct that all premiums and fees for flood insurance
under the National Flood Insurance Act of 1968, for
improved real estate or a mobile home, shall be paid to
the regulated lending institution or servicer for any loan
secured by the improved real estate or mobile home, with
the same frequency as payments on the loan are made,
for the duration of the loan. Except as provided in subparagraph (C), upon receipt of any premiums or fees, the regulated lending institution or servicer shall deposit such premiums and fees in an escrow account on behalf of the
borrower. Upon receipt of a notice from the Administrator
or the provider of the flood insurance that insurance premiums are due, the premiums deposited in the escrow
account shall be paid to the provider of the flood insurance.
‘‘(B) LIMITATION.—Except as may be required under
applicable State law, a Federal entity for lending regulation
may not direct or require a regulated lending institution
to deposit premiums or fees for flood insurance under the
National Flood Insurance Act of 1968 in an escrow account
on behalf of a borrower under subparagraph (A) or (B),
if—
‘‘(i) the regulated lending institution has total
assets of less than $1,000,000,000; and
‘‘(ii) on or before the date of enactment of the
Biggert-Waters Flood Insurance Reform Act of 2012,
the regulated lending institution—
‘‘(I) in the case of a loan secured by residential
improved real estate or a mobile home, was not
required under Federal or State law to deposit
taxes, insurance premiums, fees, or any other
charges in an escrow account for the entire term
of the loan; and
‘‘(II) did not have a policy of consistently and
uniformly requiring the deposit of taxes, insurance
premiums, fees, or any other charges in an escrow
account for loans secured by residential improved
real estate or a mobile home.’’.
(b) APPLICABILITY.—The amendment made by subsection (a)
shall apply to any mortgage outstanding or entered into on or
after the expiration of the 2-year period beginning on the date
of enactment of this Act.
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SEC. 100210. MINIMUM DEDUCTIBLES FOR CLAIMS UNDER THE
NATIONAL FLOOD INSURANCE PROGRAM.
Section 1312 of the National Flood Insurance Act of 1968 (42
U.S.C. 4019) is amended—
(1) by striking ‘‘The Director is’’ and inserting the following:
‘‘(a) IN GENERAL.—The Administrator is’’; and
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126 STAT. 921
(2) by adding at the end the following:
‘‘(b) MINIMUM ANNUAL DEDUCTIBLE.—
‘‘(1) PRE-FIRM PROPERTIES.—For any structure which is covered by flood insurance under this title, and on which construction or substantial improvement occurred on or before December
31, 1974, or before the effective date of an initial flood insurance
rate map published by the Administrator under section 1360
for the area in which such structure is located, the minimum
annual deductible for damage to such structure shall be—
‘‘(A) $1,500, if the flood insurance coverage for such
structure covers loss of, or physical damage to, such structure in an amount equal to or less than $100,000; and
‘‘(B) $2,000, if the flood insurance coverage for such
structure covers loss of, or physical damage to, such structure in an amount greater than $100,000.
‘‘(2) POST-FIRM PROPERTIES.—For any structure which is
covered by flood insurance under this title, and on which
construction or substantial improvement occurred after
December 31, 1974, or after the effective date of an initial
flood insurance rate map published by the Administrator under
section 1360 for the area in which such structure is located,
the minimum annual deductible for damage to such structure
shall be—
‘‘(A) $1,000, if the flood insurance coverage for such
structure covers loss of, or physical damage to, such structure in an amount equal to or less than $100,000; and
‘‘(B) $1,250, if the flood insurance coverage for such
structure covers loss of, or physical damage to, such structure in an amount greater than $100,000.’’.
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SEC. 100211. CONSIDERATIONS IN DETERMINING CHARGEABLE PREMIUM RATES.
Section 1308 of the National Flood Insurance Act of 1968 (42
U.S.C. 4015), as amended by this Act, is amended—
(1) in subsection (a), by striking ‘‘, after consultation with’’
and all that follows through ‘‘by regulation’’ and inserting ‘‘prescribe, after providing notice’’;
(2) in subsection (b)—
(A) in paragraph (1), by striking the period at the
end and inserting a semicolon;
(B) in paragraph (2), by striking the comma at the
end and inserting a semicolon;
(C) in paragraph (3), by striking ‘‘, and’’ and inserting
a semicolon;
(D) in paragraph (4), by striking the period at the
end and inserting ‘‘; and’’; and
(E) by adding at the end the following:
‘‘(5) adequate, on the basis of accepted actuarial principles,
to cover the average historical loss year obligations incurred
by the National Flood Insurance Fund.’’; and
(3) by adding at the end the following:
‘‘(i) RULE OF CONSTRUCTION.—For purposes of this section, the
calculation of an ‘average historical loss year’—
‘‘(1) includes catastrophic loss years; and
‘‘(2) shall be computed in accordance with generally
accepted actuarial principles.’’.
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126 STAT. 922
PUBLIC LAW 112–141—JULY 6, 2012
SEC. 100212. RESERVE FUND.
Chapter I of the National Flood Insurance Act of 1968 (42
U.S.C. 4011 et seq.) is amended by inserting after section 1310
(42 U.S.C. 4017) the following:
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42 USC 4017a.
‘‘SEC. 1310A. RESERVE FUND.
‘‘(a) ESTABLISHMENT OF RESERVE FUND.—In carrying out the
flood insurance program authorized by this chapter, the Administrator shall establish in the Treasury of the United States a
National Flood Insurance Reserve Fund (in this section referred
to as the ‘Reserve Fund’) which shall—
‘‘(1) be an account separate from any other accounts or
funds available to the Administrator; and
‘‘(2) be available for meeting the expected future obligations
of the flood insurance program, including—
‘‘(A) the payment of claims;
‘‘(B) claims adjustment expenses; and
‘‘(C) the repayment of amounts outstanding under any
note or other obligation issued by the Administrator under
section 1309(a).
‘‘(b) RESERVE RATIO.—Subject to the phase-in requirements
under subsection (d), the Reserve Fund shall maintain a balance
equal to—
‘‘(1) 1 percent of the sum of the total potential loss exposure
of all outstanding flood insurance policies in force in the prior
fiscal year; or
‘‘(2) such higher percentage as the Administrator determines to be appropriate, taking into consideration any circumstance that may raise a significant risk of substantial future
losses to the Reserve Fund.
‘‘(c) MAINTENANCE OF RESERVE RATIO.—
‘‘(1) IN GENERAL.—The Administrator shall have the
authority to establish, increase, or decrease the amount of
aggregate annual insurance premiums to be collected for any
fiscal year necessary—
‘‘(A) to maintain the reserve ratio required under subsection (b); and
‘‘(B) to achieve such reserve ratio, if the actual balance
of such reserve is below the amount required under subsection (b).
‘‘(2) CONSIDERATIONS.—In exercising the authority granted
under paragraph (1), the Administrator shall consider—
‘‘(A) the expected operating expenses of the Reserve
Fund;
‘‘(B) the insurance loss expenditures under the flood
insurance program;
‘‘(C) any investment income generated under the flood
insurance program; and
‘‘(D) any other factor that the Administrator determines appropriate.
‘‘(3) LIMITATIONS.—
‘‘(A) RATES.—In exercising the authority granted under
paragraph (1), the Administrator shall be subject to all
other provisions of this Act, including any provisions
relating to chargeable premium rates or annual increases
of such rates.
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126 STAT. 923
‘‘(B) USE OF ADDITIONAL
MIUMS.—Notwithstanding any
ANNUAL INSURANCE PREother provision of law or
any agreement entered into by the Administrator, the
Administrator shall ensure that all amounts attributable
to the establishment or increase of annual insurance premiums under paragraph (1) are transferred to the Administrator for deposit into the Reserve Fund, to be available
for meeting the expected future obligations of the flood
insurance program as described in subsection (a)(2).
‘‘(d) PHASE-IN REQUIREMENTS.—The phase-in requirements
under this subsection are as follows:
‘‘(1) IN GENERAL.—Beginning in fiscal year 2013 and not
ending until the fiscal year in which the ratio required under
subsection (b) is achieved, in each such fiscal year the Administrator shall place in the Reserve Fund an amount equal to
not less than 7.5 percent of the reserve ratio required under
subsection (b).
‘‘(2) AMOUNT SATISFIED.—As soon as the ratio required
under subsection (b) is achieved, and except as provided in
paragraph (3), the Administrator shall not be required to set
aside any amounts for the Reserve Fund.
‘‘(3) EXCEPTION.—If at any time after the ratio required
under subsection (b) is achieved, the Reserve Fund falls below
the required ratio under subsection (b), the Administrator shall
place in the Reserve Fund for that fiscal year an amount
equal to not less than 7.5 percent of the reserve ratio required
under subsection (b).
‘‘(e) LIMITATION ON RESERVE RATIO.—In any given fiscal year,
if the Administrator determines that the reserve ratio required
under subsection (b) cannot be achieved, the Administrator shall
submit a report to Congress that—
‘‘(1) describes and details the specific concerns of the
Administrator regarding the consequences of the reserve ratio
not being achieved;
‘‘(2) demonstrates how such consequences would harm the
long-term financial soundness of the flood insurance program;
and
‘‘(3) indicates the maximum attainable reserve ratio for
that particular fiscal year.
‘‘(f) INVESTMENT.—The Secretary of the Treasury shall invest
such amounts of the Reserve Fund as the Secretary determines
advisable in obligations issued or guaranteed by the United States.’’.
Effective date.
Determination.
Reports.
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SEC. 100213. REPAYMENT PLAN FOR BORROWING AUTHORITY.
(a) REPAYMENT PLAN REQUIRED.—Section 1309 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4016) is amended by adding
at the end the following:
‘‘(c) Upon the exercise of the authority established under subsection (a), the Administrator shall transmit a schedule for repayment of such amounts to—
‘‘(1) the Secretary of the Treasury;
‘‘(2) the Committee on Banking, Housing, and Urban Affairs
of the Senate; and
‘‘(3) the Committee on Financial Services of the House
of Representatives.
‘‘(d) In connection with any funds borrowed by the Administrator under the authority established in subsection (a), the
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Reports.
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PUBLIC LAW 112–141—JULY 6, 2012
Administrator, beginning 6 months after the date on which such
funds are borrowed, and continuing every 6 months thereafter
until such borrowed funds are fully repaid, shall submit a report
on the progress of such repayment to—
‘‘(1) the Secretary of the Treasury;
‘‘(2) the Committee on Banking, Housing, and Urban Affairs
of the Senate; and
‘‘(3) the Committee on Financial Services of the House
of Representatives.’’.
(b) REPORT.—Not later than the expiration of the 6-month
period beginning on the date of enactment of this Act, the Administrator shall submit a report to the Congress setting forth options
for repaying within 10 years all amounts, including any amounts
previously borrowed but not yet repaid, owed pursuant to clause
(2) of subsection (a) of section 1309 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4016(a)(2)).
SEC. 100214. PAYMENT OF CONDOMINIUM CLAIMS.
Section 1312 of the National Flood Insurance Act of 1968 (42
U.S.C. 4019), as amended by section 100210, is amended by adding
at the end the following:
‘‘(c) PAYMENT OF CLAIMS TO CONDOMINIUM OWNERS.—The
Administrator may not deny payment for any damage to or loss
of property which is covered by flood insurance to condominium
owners who purchased such flood insurance separate and apart
from the flood insurance purchased by the condominium association
in which such owner is a member, based solely, or in any part,
on the flood insurance coverage of the condominium association
or others on the overall property owned by the condominium association.’’.
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42 USC 4101a.
SEC. 100215. TECHNICAL MAPPING ADVISORY COUNCIL.
(a) ESTABLISHMENT.—There is established a council to be known
as the Technical Mapping Advisory Council (in this section referred
to as the ‘‘Council’’).
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Council shall consist of—
(A) the Administrator (or the designee thereof);
(B) the Secretary of the Interior (or the designee
thereof);
(C) the Secretary of Agriculture (or the designee
thereof);
(D) the Under Secretary of Commerce for Oceans and
Atmosphere (or the designee thereof); and
(E) 16 additional members appointed by the Administrator or the designee of the Administrator, who shall
be—
(i) a member of a recognized professional surveying
association or organization;
(ii) a member of a recognized professional mapping
association or organization;
(iii) a member of a recognized professional
engineering association or organization;
(iv) a member of a recognized professional association or organization representing flood hazard determination firms;
(v) a representative of the United States Geological
Survey;
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 925
(vi) a representative of a recognized professional
association or organization representing State
geographic information;
(vii) a representative of State national flood insurance coordination offices;
(viii) a representative of the Corps of Engineers;
(ix) a member of a recognized regional flood and
storm water management organization;
(x) 2 representatives of different State government
agencies that have entered into cooperating technical
partnerships with the Administrator and have demonstrated the capability to produce flood insurance rate
maps;
(xi) 2 representatives of different local government
agencies that have entered into cooperating technical
partnerships with the Administrator and have demonstrated the capability to produce flood insurance
maps;
(xii) a member of a recognized floodplain management association or organization;
(xiii) a member of a recognized risk management
association or organization; and
(xiv) a State mitigation officer.
(2) QUALIFICATIONS.—Members of the Council shall be
appointed based on their demonstrated knowledge and competence regarding surveying, cartography, remote sensing,
geographic information systems, or the technical aspects of
preparing and using flood insurance rate maps. In appointing
members under paragraph (1)(E), the Administrator shall, to
the maximum extent practicable, ensure that the membership
of the Council has a balance of Federal, State, local, tribal,
and private members, and includes geographic diversity,
including representation from areas with coastline on the Gulf
of Mexico and other States containing areas identified by the
Administrator as at high risk for flooding or as areas having
special flood hazards.
(c) DUTIES.—The Council shall—
(1) recommend to the Administrator how to improve in
a cost-effective manner the—
(A) accuracy, general quality, ease of use, and distribution and dissemination of flood insurance rate maps and
risk data; and
(B) performance metrics and milestones required to
effectively and efficiently map flood risk areas in the United
States;
(2) recommend to the Administrator mapping standards
and guidelines for—
(A) flood insurance rate maps; and
(B) data accuracy, data quality, data currency, and
data eligibility;
(3) recommend to the Administrator how to maintain, on
an ongoing basis, flood insurance rate maps and flood risk
identification;
(4) recommend procedures for delegating mapping activities
to State and local mapping partners;
(5) recommend to the Administrator and other Federal
agencies participating in the Council—
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Deadline.
Reports.
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Consultation.
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PUBLIC LAW 112–141—JULY 6, 2012
(A) methods for improving interagency and intergovernmental coordination on flood mapping and flood risk
determination; and
(B) a funding strategy to leverage and coordinate
budgets and expenditures across Federal agencies; and
(6) submit an annual report to the Administrator that
contains—
(A) a description of the activities of the Council;
(B) an evaluation of the status and performance of
flood insurance rate maps and mapping activities to revise
and update flood insurance rate maps, as required under
section 100216; and
(C) a summary of recommendations made by the
Council to the Administrator.
(d) FUTURE CONDITIONS RISK ASSESSMENT AND MODELING
REPORT.—
(1) IN GENERAL.—The Council shall consult with scientists
and technical experts, other Federal agencies, States, and local
communities to—
(A) develop recommendations on how to—
(i) ensure that flood insurance rate maps incorporate the best available climate science to assess flood
risks; and
(ii) ensure that the Federal Emergency Management Agency uses the best available methodology to
consider the impact of—
(I) the rise in the sea level; and
(II) future development on flood risk; and
(B) not later than 1 year after the date of enactment
of this Act, prepare written recommendations in a future
conditions risk assessment and modeling report and to
submit such recommendations to the Administrator.
(2) RESPONSIBILITY OF THE ADMINISTRATOR.—The Administrator, as part of the ongoing program to review and update
National Flood Insurance Program rate maps under section
100216, shall incorporate any future risk assessment submitted
under paragraph (1)(B) in any such revision or update.
(e) CHAIRPERSON.—The members of the Council shall elect 1
member to serve as the chairperson of the Council (in this section
referred to as the ‘‘Chairperson’’).
(f) COORDINATION.—To ensure that the Council’s recommendations are consistent, to the maximum extent practicable, with
national digital spatial data collection and management standards,
the Chairperson shall consult with the Chairperson of the Federal
Geographic Data Committee (established pursuant to Office of
Management and Budget Circular A–16).
(g) COMPENSATION.—Members of the Council shall receive no
additional compensation by reason of their service on the Council.
(h) MEETINGS AND ACTIONS.—
(1) IN GENERAL.—The Council shall meet not less frequently
than twice each year at the request of the Chairperson or
a majority of its members, and may take action by a vote
of the majority of the members.
(2) INITIAL MEETING.—The Administrator, or a person designated by the Administrator, shall request and coordinate
the initial meeting of the Council.
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126 STAT. 927
(i) OFFICERS.—The Chairperson may appoint officers to assist
in carrying out the duties of the Council under subsection (c).
(j) STAFF.—
(1) STAFF OF FEMA.—Upon the request of the Chairperson,
the Administrator may detail, on a nonreimbursable basis,
personnel of the Federal Emergency Management Agency to
assist the Council in carrying out its duties.
(2) STAFF OF OTHER FEDERAL AGENCIES.—Upon request of
the Chairperson, any other Federal agency that is a member
of the Council may detail, on a nonreimbursable basis, personnel to assist the Council in carrying out its duties.
(k) POWERS.—In carrying out this section, the Council may
hold hearings, receive evidence and assistance, provide information,
and conduct research, as it considers appropriate.
(l) REPORT TO CONGRESS.—The Administrator, on an annual
basis, shall report to the Committee on Banking, Housing, and
Urban Affairs of the Senate, the Committee on Financial Services
of the House of Representatives, and the Office of Management
and Budget on the—
(1) recommendations made by the Council;
(2) actions taken by the Federal Emergency Management
Agency to address such recommendations to improve flood
insurance rate maps and flood risk data; and
(3) any recommendations made by the Council that have
been deferred or not acted upon, together with an explanatory
statement.
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SEC. 100216. NATIONAL FLOOD MAPPING PROGRAM.
42 USC 4101b.
(a) REVIEWING, UPDATING, AND MAINTAINING MAPS.—The
Administrator, in coordination with the Technical Mapping Advisory
Council established under section 100215, shall establish an ongoing
program under which the Administrator shall review, update, and
maintain National Flood Insurance Program rate maps in accordance with this section.
(b) MAPPING.—
(1) IN GENERAL.—In carrying out the program established
under subsection (a), the Administrator shall—
(A) identify, review, update, maintain, and publish
National Flood Insurance Program rate maps with respect
to—
(i) all populated areas and areas of possible population growth located within the 100-year floodplain;
(ii) all populated areas and areas of possible population growth located within the 500-year floodplain;
(iii) areas of residual risk, including areas that
are protected by levees, dams, and other flood control
structures;
(iv) areas that could be inundated as a result of
the failure of a levee, dam, or other flood control structure; and
(v) the level of protection provided by flood control
structures;
(B) establish or update flood-risk zone data in all such
areas, and make estimates with respect to the rates of
probable flood caused loss for the various flood risk zones
for each such area; and
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PUBLIC LAW 112–141—JULY 6, 2012
(C) use, in identifying, reviewing, updating,
maintaining, or publishing any National Flood Insurance
Program rate map required under this section or under
the National Flood Insurance Act of 1968 (42 U.S.C. 4011
et seq.), the most accurate topography and elevation data
available.
(2) MAPPING ELEMENTS.—Each map updated under this
section shall—
(A) assess the accuracy of current ground elevation
data used for hydrologic and hydraulic modeling of flooding
sources and mapping of the flood hazard and wherever
necessary acquire new ground elevation data utilizing the
most up-to-date geospatial technologies in accordance with
guidelines and specifications of the Federal Emergency
Management Agency; and
(B) develop National Flood Insurance Program flood
data on a watershed basis—
(i) to provide the most technically effective and
efficient studies and hydrologic and hydraulic modeling; and
(ii) to eliminate, to the maximum extent possible,
discrepancies in base flood elevations between adjacent
political subdivisions.
(3) OTHER INCLUSIONS.—In updating maps under this section, the Administrator shall include—
(A) any relevant information on coastal inundation
from—
(i) an applicable inundation map of the Corps of
Engineers; and
(ii) data of the National Oceanic and Atmospheric
Administration relating to storm surge modeling;
(B) any relevant information of the United States
Geological Survey on stream flows, watershed characteristics, and topography that is useful in the identification
of flood hazard areas, as determined by the Administrator;
(C) any relevant information on land subsidence,
coastal erosion areas, changing lake levels, and other floodrelated hazards;
(D) any relevant information or data of the National
Oceanic and Atmospheric Administration and the United
States Geological Survey relating to the best available
science regarding future changes in sea levels, precipitation, and intensity of hurricanes; and
(E) any other relevant information as may be recommended by the Technical Mapping Advisory Committee.
(c) STANDARDS.—In updating and maintaining maps under this
section, the Administrator shall—
(1) establish standards to—
(A) ensure that maps are adequate for—
(i) flood risk determinations; and
(ii) use by State and local governments in managing development to reduce the risk of flooding; and
(B) facilitate identification and use of consistent
methods of data collection and analysis by the Administrator, in conjunction with State and local governments,
in developing maps for communities with similar flood
risks, as determined by the Administrator; and
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126 STAT. 929
(2) publish maps in a format that is—
(A) digital geospatial data compliant;
(B) compliant with the open publishing and data
exchange standards established by the Open Geospatial
Consortium; and
(C) aligned with official data defined by the National
Geodetic Survey.
(d) COMMUNICATION AND OUTREACH.—
(1) IN GENERAL.—The Administrator shall—
(A) work to enhance communication and outreach to
States, local communities, and property owners about the
effects—
(i) of any potential changes to National Flood
Insurance Program rate maps that may result from
the mapping program required under this section; and
(ii) that any such changes may have on flood insurance purchase requirements;
(B) engage with local communities to enhance communication and outreach to the residents of such communities,
including tenants (with regard to contents insurance), on
the matters described under subparagraph (A); and
(C) upon the issuance of any proposed map and any
notice of an opportunity to make an appeal relating to
the proposed map, notify the Senators for each State
affected and each Member of the House of Representatives
for each congressional district affected by the proposed
map of any action taken by the Administrator with respect
to the proposed map or an appeal relating to the proposed
map.
(2) REQUIRED ACTIVITIES.—The communication and outreach activities required under paragraph (1) shall include—
(A) notifying property owners when their properties
become included in, or when they are excluded from, an
area covered by the mandatory flood insurance purchase
requirement under section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a);
(B) educating property owners regarding the flood risk
and reduction of this risk in their community, including
the continued flood risks to areas that are no longer subject
to the flood insurance mandatory purchase requirement;
(C) educating property owners regarding the benefits
and costs of maintaining or acquiring flood insurance,
including, where applicable, lower-cost preferred risk policies under the National Flood Insurance Act of 1968 (42
U.S.C. 4011 et seq.) for such properties and the contents
of such properties;
(D) educating property owners about flood map revisions and the process available to such owners to appeal
proposed changes in flood elevations through their community, including by notifying local radio and television stations; and
(E) encouraging property owners to maintain or acquire
flood insurance coverage.
(e) COMMUNITY REMAPPING REQUEST.—Upon the adoption by
the Administrator of any recommendation by the Technical Mapping
Advisory Council for reviewing, updating, or maintaining National
Flood Insurance Program rate maps in accordance with this section,
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Notification.
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PUBLIC LAW 112–141—JULY 6, 2012
a community that believes that its flood insurance rates in effect
prior to adoption would be affected by the adoption of such recommendation may submit a request for an update of its rate maps,
which may be considered at the Administrator’s sole discretion.
The Administrator shall establish a protocol for the evaluation
of such community map update requests.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Administrator to carry out this section
$400,000,000 for each of fiscal years 2013 through 2017.
Protocol.
Evaluation.
SEC. 100217. SCOPE OF APPEALS.
Section 1363 of the National Flood Insurance Act of 1968 (42
U.S.C. 4104) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘and designating areas having special
flood hazards’’ after ‘‘flood elevations’’; and
(B) by striking ‘‘such determinations’’ and inserting
‘‘such determinations and designations’’; and
(2) in subsection (b)—
(A) in the first sentence, by inserting ‘‘and designations
of areas having special flood hazards’’ after ‘‘flood elevation
determinations’’; and
(B) by amending the third sentence to read as follows:
‘‘The sole grounds for appeal shall be the possession of
knowledge or information indicating that (1) the elevations
being proposed by the Administrator with respect to an
identified area having special flood hazards are scientifically or technically incorrect, or (2) the designation of
an identified special flood hazard area is scientifically or
technically incorrect.’’.
SEC. 100218. SCIENTIFIC RESOLUTION PANEL.
(a) ESTABLISHMENT.—Chapter III of the National Flood Insurance Act of 1968 (42 U.S.C. 4101 et seq.) is amended by inserting
after section 1363 (42 U.S.C. 4104) the following:
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42 USC 4104–1.
‘‘SEC. 1363A. SCIENTIFIC RESOLUTION PANEL.
‘‘(a) AVAILABILITY.—
‘‘(1) IN GENERAL.—Pursuant to the authority provided
under section 1363(e), the Administrator shall make available
an independent review panel, to be known as the Scientific
Resolution Panel, to any community—
‘‘(A) that has—
‘‘(i) filed a timely map appeal in accordance with
section 1363;
‘‘(ii) completed 60 days of consultation with the
Federal Emergency Management Agency on the appeal;
and
‘‘(iii) not allowed more than 120 days, or such
longer period as may be provided by the Administrator
by waiver, to pass since the end of the appeal period;
or
‘‘(B) that has received an unsatisfactory ruling under
the map revision process established pursuant to section
1360(f).
‘‘(2) APPEALS BY OWNERS AND LESSEES.—If a community
and an owner or lessee of real property within the community
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appeal a proposed determination of a flood elevation under
section 1363(b), upon the request of the community—
‘‘(A) the owner or lessee shall submit scientific and
technical data relating to the appeals to the Scientific
Resolution Panel; and
‘‘(B) the Scientific Resolution Panel shall make a determination with respect to the appeals in accordance with
subsection (c).
‘‘(3) DEFINITION.—For purposes of paragraph (1)(B), an
‘unsatisfactory ruling’ means that a community—
‘‘(A) received a revised Flood Insurance Rate Map from
the Federal Emergency Management Agency, via a Letter
of Final Determination, after September 30, 2008, and
prior to the date of enactment of this section;
‘‘(B) has subsequently applied for a Letter of Map
Revision or Physical Map Revision with the Federal Emergency Management Agency; and
‘‘(C) has received an unfavorable ruling on their request
for a map revision.
‘‘(b) MEMBERSHIP.—The Scientific Resolution Panel made available under subsection (a) shall consist of 5 members with expertise
that relates to the creation and study of flood hazard maps and
flood insurance. The Scientific Resolution Panel may include representatives from Federal agencies not involved in the mapping
study in question and from other impartial experts. Employees
of the Federal Emergency Management Agency may not serve on
the Scientific Resolution Panel.
‘‘(c) DETERMINATION.—
‘‘(1) IN GENERAL.—Following deliberations, and not later
than 90 days after its formation, the Scientific Resolution Panel
shall issue a determination of resolution of the dispute. Such
determination shall set forth recommendations for the base
flood elevation determination or the designation of an area
having special flood hazards that shall be reflected in the
Flood Insurance Rate Maps.
‘‘(2) BASIS.—The determination of the Scientific Resolution
Panel shall be based on—
‘‘(A) data previously provided to the Administrator by
the community, and, in the case of a dispute submitted
under subsection (a)(2), an owner or lessee of real property
in the community; and
‘‘(B) data provided by the Administrator.
‘‘(3) NO ALTERNATIVE DETERMINATIONS PERMISSIBLE.—The
Scientific Resolution Panel—
‘‘(A) shall provide a determination of resolution of a
dispute that—
‘‘(i) is either in favor of the Administrator or in
favor of the community on each distinct element of
the dispute; or
‘‘(ii) in the case of a dispute submitted under subsection (a)(2), is in favor of the Administrator, in favor
of the community, or in favor of the owner or lessee
of real property in the community on each distinct
element of the dispute; and
‘‘(B) may not offer as a resolution any other alternative
determination.
‘‘(4) EFFECT OF DETERMINATION.—
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Deadline.
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‘‘(A) BINDING.—The recommendations of the Scientific
Resolution Panel shall be binding on all appellants and
not subject to further judicial review unless the Administrator determines that implementing the determination of
the panel would—
‘‘(i) pose a significant threat due to failure to identify a substantial risk of special flood hazards; or
‘‘(ii) violate applicable law.
‘‘(B) WRITTEN JUSTIFICATION NOT TO ENFORCE.—If the
Administrator elects not to implement the determination
of the Scientific Resolution Panel pursuant to subparagraph
(A), then not later than 60 days after the issuance of
the determination, the Administrator shall issue a written
justification explaining such election.
‘‘(C) APPEAL OF DETERMINATION NOT TO ENFORCE.—
If the Administrator elects not to implement the determination of the Scientific Resolution Panel pursuant to subparagraph (A), the community may appeal the determination
of the Administrator as provided for under section 1363(g).
‘‘(d) MAPS USED FOR INSURANCE AND MANDATORY PURCHASE
REQUIREMENTS.—With respect to any community that has a dispute
that is being considered by the Scientific Resolution Panel formed
pursuant to this subsection, the Federal Emergency Management
Agency shall ensure that for each such community that—
‘‘(1) the Flood Insurance Rate Map described in the most
recently issued Letter of Final Determination shall be in force
and effect with respect to such community; and
‘‘(2) flood insurance shall continue to be made available
to the property owners and residents of the participating
community.’’.
(b) CONFORMING AMENDMENTS.—
(1) ADMINISTRATIVE REVIEW.—Section 1363(e) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104(e)) is
amended, in the second sentence, by striking ‘‘an independent
scientific body or appropriate Federal agency for advice’’ and
inserting ‘‘the Scientific Resolution Panel provided for in section
1363A’’.
(2) JUDICIAL REVIEW.—The first sentence of section 1363(g)
of the National Flood Insurance Act of 1968 (42 U.S.C. 4104(g))
is amended by striking ‘‘Any appellant’’ and inserting ‘‘Except
as provided in section 1363A, any appellant’’.
Deadline.
42 USC 4104.
SEC. 100219. REMOVAL OF LIMITATION ON STATE CONTRIBUTIONS FOR
UPDATING FLOOD MAPS.
Section 1360(f)(2) of the National Flood Insurance Act of 1968
(42 U.S.C. 4101(f)(2)) is amended by striking ‘‘, but which may
not exceed 50 percent of the cost of carrying out the requested
revision or update’’.
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42 USC 4101c.
SEC. 100220. COORDINATION.
(a) INTERAGENCY BUDGET CROSSCUT AND COORDINATION
REPORT.—
(1) IN GENERAL.—The Secretary of Homeland Security, the
Administrator, the Director of the Office of Management and
Budget, and the heads of each Federal department or agency
carrying out activities under sections 100215 and 100216 shall
work together to ensure that flood risk determination data
and geospatial data are shared among Federal agencies in
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126 STAT. 933
order to coordinate the efforts of the Nation to reduce its
vulnerability to flooding hazards.
(2) REPORT.—Not later than 30 days after the submission
of the budget of the United States Government by the President
to Congress, the Director of the Office of Management and
Budget, in coordination with the Federal Emergency Management Agency, the United States Geological Survey, the National
Oceanic and Atmospheric Administration, the Corps of Engineers, and other Federal agencies, as appropriate, shall submit
to the appropriate authorizing and appropriating committees
of the Senate and the House of Representatives an interagency
budget crosscut and coordination report, certified by the Secretary or head of each such agency, that—
(A) contains an interagency budget crosscut report that
displays relevant sections of the budget proposed for each
of the Federal agencies working on flood risk determination
data and digital elevation models, including any planned
interagency or intra-agency transfers; and
(B) describes how the efforts aligned with such sections
complement one another.
(b) DUTIES OF THE ADMINISTRATOR.—In carrying out sections
100215 and 100216, the Administrator shall—
(1) participate, pursuant to section 216 of the E–Government Act of 2002 (44 U.S.C. 3501 note), in the establishment
of such standards and common protocols as are necessary to
assure the interoperability of geospatial data for all users of
such information;
(2) coordinate with, seek assistance and cooperation of,
and provide a liaison to the Federal Geographic Data Committee pursuant to the Office of Management and Budget Circular A–16 and Executive Order 12906 (43 U.S.C. 1457 note;
relating to the National Spatial Data Infrastructure) for the
implementation of and compliance with such standards;
(3) integrate with, leverage, and coordinate funding of,
to the maximum extent practicable, the current flood mapping
activities of each unit of State and local government;
(4) integrate with, leverage, and coordinate, to the maximum extent practicable, the current geospatial activities of
other Federal agencies and units of State and local government;
and
(5) develop a funding strategy to leverage and coordinate
budgets and expenditures, and to maintain or establish joint
funding and other agreement mechanisms with other Federal
agencies and units of State and local government to share
in the collection and utilization of geospatial data among all
governmental users.
Certification.
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SEC. 100221. INTERAGENCY COORDINATION STUDY.
(a) IN GENERAL.—The Administrator shall enter into a contract
with the National Academy of Public Administration to conduct
a study on how the Federal Emergency Management Agency—
(1) should improve interagency and intergovernmental
coordination on flood mapping, including a funding strategy
to leverage and coordinate budgets and expenditures; and
(2) can establish joint funding mechanisms with other Federal agencies and units of State and local government to share
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PUBLIC LAW 112–141—JULY 6, 2012
the collection and utilization of data among all governmental
users.
(b) TIMING.—A contract entered into under subsection (a) shall
require that, not later than 180 days after the date of enactment
of this subtitle, the National Academy of Public Administration
shall report the findings of the study required under subsection
(a) to—
(1) the Committee on Banking, Housing, and Urban Affairs
of the Senate;
(2) the Committee on Financial Services of the House of
Representatives;
(3) the Committee on Appropriations of the Senate; and
(4) the Committee on Appropriations of the House of Representatives.
SEC. 100222. NOTICE OF FLOOD INSURANCE AVAILABILITY UNDER
RESPA.
Section 5(b) of the Real Estate Settlement Procedures Act of
1974 (12 U.S.C. 2604(b)), as amended by section 1450 of the DoddFrank Wall Street Reform and Consumer Protection Act (Public
Law 111–203; 124 Stat. 2174), is amended by adding at the end
the following:
‘‘(14) An explanation of flood insurance and the availability
of flood insurance under the National Flood Insurance Program
or from a private insurance company, whether or not the real
estate is located in an area having special flood hazards.’’.
SEC. 100223. PARTICIPATION IN STATE DISASTER CLAIMS MEDIATION
PROGRAMS.
Chapter I of the National Flood Insurance Act of 1968 (42
U.S.C. 4011 et seq.) is amended by inserting after section 1313
(42 U.S.C. 4020) the following:
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42 USC 4021.
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‘‘SEC. 1314. PARTICIPATION IN STATE DISASTER CLAIMS MEDIATION
PROGRAMS.
‘‘(a) REQUIREMENT TO PARTICIPATE.—In the case of the occurrence of a major disaster, as defined in section 102 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122), that may have resulted in flood damage covered under the
national flood insurance program established under this title and
other personal lines residential property insurance coverage offered
by a State regulated insurer, upon a request made by the insurance
commissioner of a State (or such other official responsible for regulating the business of insurance in the State) for the participation
of representatives of the Administrator in a program sponsored
by such State for nonbinding mediation of insurance claims
resulting from a major disaster, the Administrator shall cause representatives of the national flood insurance program to participate
in such a State program where claims under the national flood
insurance program are involved to expedite settlement of flood
damage claims resulting from such disaster.
‘‘(b) EXTENT OF PARTICIPATION.—In satisfying the requirements
of subsection (a), the Administrator shall require that each representative of the Administrator—
‘‘(1) be certified for purposes of the national flood insurance
program to settle claims against such program resulting from
such disaster in amounts up to the limits of policies under
such program;
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‘‘(2) attend State-sponsored mediation meetings regarding
flood insurance claims resulting from such disaster at such
times and places as may be arranged by the State;
‘‘(3) participate in good-faith negotiations toward the settlement of such claims with policyholders of coverage made available under the national flood insurance program; and
‘‘(4) finalize the settlement of such claims on behalf of
the national flood insurance program with such policyholders.
‘‘(c) COORDINATION.—Representatives of the Administrator shall
at all times coordinate their activities with insurance officials of
the State and representatives of insurers for the purposes of consolidating and expediting settlement of claims under the national flood
insurance program resulting from such disaster.
‘‘(d) QUALIFICATIONS OF MEDIATORS.—Each State mediator
participating in State-sponsored mediation under this section shall
be—
‘‘(1)(A) a member in good standing of the State bar in
the State in which the mediation is to occur with at least
2 years of practical experience; and
‘‘(B) an active member of such bar for at least 1 year
prior to the year in which such mediator’s participation is
sought; or
‘‘(2) a retired trial judge from any United States jurisdiction
who was a member in good standing of the bar in the State
in which the judge presided for at least 5 years prior to the
year in which such mediator’s participation is sought.
‘‘(e) MEDIATION PROCEEDINGS AND DOCUMENTS PRIVILEGED.—
As a condition of participation, all statements made and documents
produced pursuant to State-sponsored mediation involving representatives of the Administrator shall be deemed privileged and
confidential settlement negotiations made in anticipation of litigation.
‘‘(f) LIABILITY, RIGHTS, OR OBLIGATIONS NOT AFFECTED.—
Participation in State-sponsored mediation, as described in this
section does not—
‘‘(1) affect or expand the liability of any party in contract
or in tort; or
‘‘(2) affect the rights or obligations of the parties, as established—
‘‘(A) in any regulation issued by the Administrator,
including any regulation relating to a standard flood insurance policy;
‘‘(B) under this title; and
‘‘(C) under any other provision of Federal law.
‘‘(g) EXCLUSIVE FEDERAL JURISDICTION.—Participation in Statesponsored mediation shall not alter, change, or modify the original
exclusive jurisdiction of United States courts, as set forth in this
title.
‘‘(h) COST LIMITATION.—Nothing in this section shall be construed to require the Administrator or a representative of the
Administrator to pay additional mediation fees relating to flood
insurance claims associated with a State-sponsored mediation program in which such representative of the Administrator participates.
‘‘(i) EXCEPTION.—In the case of the occurrence of a major disaster that results in flood damage claims under the national flood
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Definition.
42 USC 4081
note.
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Deadline.
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insurance program and that does not result in any loss covered
by a personal lines residential property insurance policy—
‘‘(1) this section shall not apply; and
‘‘(2) the provisions of the standard flood insurance policy
under the national flood insurance program and the appeals
process established under section 205 of the Bunning-BereuterBlumenauer Flood Insurance Reform Act of 2004 (42 U.S.C.
4011 note) and the regulations issued pursuant to such section
shall apply exclusively.
‘‘(j) REPRESENTATIVES OF THE ADMINISTRATOR.—For purposes
of this section, the term ‘representatives of the Administrator’
means representatives of the national flood insurance program who
participate in the appeals process established under section 205
of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act
of 2004 (42 U.S.C. 4011 note).’’.
SEC. 100224. OVERSIGHT AND EXPENSE REIMBURSEMENTS OF INSURANCE COMPANIES.
(a) SUBMISSION OF BIENNIAL REPORTS.—
(1) TO THE ADMINISTRATOR.—Not later than 20 days after
the date of enactment of this Act, each property and casualty
insurance company participating in the Write Your Own program shall submit to the Administrator any biennial report
required by the Federal Emergency Management Agency to
be prepared in the prior 5 years by such company.
(2) TO GAO.—Not later than 10 days after the submission
of the biennial reports under paragraph (1), the Administrator
shall submit all such reports to the Comptroller General of
the United States.
(3) NOTICE TO CONGRESS OF FAILURE TO COMPLY.—The
Administrator shall notify and report to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives on any property and casualty insurance company participating in the Write Your Own program that failed to submit
its biennial reports as required under paragraph (1).
(4) FAILURE TO COMPLY.—A property and casualty insurance company participating in the Write Your Own program
which fails to comply with the reporting requirement under
this subsection or the requirement under section 62.23(j)(1)
of title 44, Code of Federal Regulations (relating to biennial
audit of the flood insurance financial statements) shall be subject to a civil penalty in an amount of not more than $1,000
per day for each day that the company remains in noncompliance with either such requirement.
(b) METHODOLOGY TO DETERMINE REIMBURSED EXPENSES.—
Not later than 180 days after the date of enactment of this Act,
the Administrator shall develop a methodology for determining
the appropriate amounts that property and casualty insurance
companies participating in the Write Your Own program should
be reimbursed for selling, writing, and servicing flood insurance
policies and adjusting flood insurance claims on behalf of the
National Flood Insurance Program. The methodology shall be developed using actual expense data for the flood insurance line and
can be derived from—
(1) flood insurance expense data produced by the property
and casualty insurance companies;
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(2) flood insurance expense data collected by the National
Association of Insurance Commissioners; or
(3) a combination of the methodologies described in paragraphs (1) and (2).
(c) SUBMISSION OF EXPENSE REPORTS.—To develop the methodology established under subsection (b), the Administrator may
require each property and casualty insurance company participating
in the Write Your Own program to submit a report to the Administrator, in a format determined by the Administrator and within
60 days of the request, that details the expense levels of each
such company for selling, writing, and servicing standard flood
insurance policies and adjusting and servicing claims.
(d) FEMA RULEMAKING ON REIMBURSEMENT OF EXPENSES
UNDER THE WRITE YOUR OWN PROGRAM.—Not later than 12 months
after the date of enactment of this Act, the Administrator shall
issue a rule to formulate revised expense reimbursements to property and casualty insurance companies participating in the Write
Your Own program for their expenses (including their operating
and administrative expenses for adjustment of claims) in selling,
writing, and servicing standard flood insurance policies, including
how such companies shall be reimbursed in both catastrophic and
noncatastrophic years. Such reimbursements shall be structured
to ensure reimbursements track the actual expenses, including
standard business costs and operating expenses, of such companies
as closely as practicably possible.
(e) REPORT OF THE ADMINISTRATOR.—Not later than 60 days
after the effective date of the final rule issued pursuant to subsection (d), the Administrator shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a
report containing—
(1) the specific rationale and purposes of such rule;
(2) the reasons for the adoption of the policies contained
in such rule; and
(3) the degree to which such rule accurately represents
the true operating costs and expenses of property and casualty
insurance companies participating in the Write Your Own program.
(f) GAO STUDY AND REPORT ON EXPENSES OF WRITE YOUR
OWN PROGRAM.—
(1) STUDY.—Not later than 180 days after the effective
date of the final rule issued pursuant to subsection (d), the
Comptroller General of the United States shall—
(A) conduct a study on the efficacy, adequacy, and
sufficiency of the final rules issued pursuant to subsection
(d); and
(B) report to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives on the
findings of the study conducted under subparagraph (A).
(2) GAO AUTHORITY.—In conducting the study and report
required under paragraph (1), the Comptroller General—
(A) may use any previous findings, studies, or reports
that the Comptroller General previously completed on the
Write Your Own program;
(B) shall determine if—
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PUBLIC LAW 112–141—JULY 6, 2012
(i) the final rule issued pursuant to subsection
(d) allows the Federal Emergency Management Agency
to access adequate information regarding the actual
expenses of property and casualty insurance companies
participating in the Write Your Own program; and
(ii) the actual reimbursements paid out under the
final rule issued pursuant to subsection (d) accurately
reflect the expenses reported by property and casualty
insurance companies participating in the Write Your
Own program, including the standard business costs
and operating expenses of such companies; and
(C) shall analyze the effect of the final rule issued
pursuant to subsection (d) on the level of participation
of property and casualty insurers in the Write Your Own
program.
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SEC. 100225. MITIGATION.
(a) MITIGATION ASSISTANCE GRANTS.—Section 1366 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is
amended—
(1) by striking subsections (b), (d), (f), (g), (h), (k), and
(m);
(2) by redesignating subsections (c), (e), (i), and (j) as subsections (b), (c), (e), and (f), respectively;
(3) in subsection (a), by striking the last sentence and
inserting the following: ‘‘Such financial assistance shall be made
available—
‘‘(1) to States and communities in the form of grants under
this section for carrying out mitigation activities;
‘‘(2) to States and communities in the form of grants under
this section for carrying out mitigation activities that reduce
flood damage to severe repetitive loss structures; and
‘‘(3) to property owners in the form of direct grants under
this section for carrying out mitigation activities that reduce
flood damage to individual structures for which 2 or more
claim payments for losses have been made under flood insurance coverage under this title if the Administrator, after consultation with the State and community, determines that neither the State nor community in which such a structure is
located has the capacity to manage such grants.’’;
(4) in subsection (b), as so redesignated, in the first sentence—
(A) by striking ‘‘and provides protection against’’ and
inserting ‘‘provides for reduction of’’; and
(B) by inserting before the period at the end the following: ‘‘, and may be included in a multihazard mitigation
plan’’;
(5) in subsection (c), as so redesignated—
(A) in paragraph (1), by striking ‘‘(1) USE OF
AMOUNTS.—’’ and all that follows through the end of the
first sentence and inserting the following:
‘‘(1) REQUIREMENT OF CONSISTENCY WITH APPROVED MITIGATION PLAN.—Amounts provided under this section may be used
only for mitigation activities that are consistent with mitigation
plans that are approved by the Administrator and identified
under paragraph (4).’’;
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(B) by striking paragraphs (2), (3), and (4) and
inserting the following new paragraphs:
‘‘(2) REQUIREMENTS OF TECHNICAL FEASIBILITY, COST
EFFECTIVENESS, AND INTEREST OF NATIONAL FLOOD INSURANCE
FUND.—
‘‘(A) IN GENERAL.—The Administrator may approve
only mitigation activities that the Administrator determines—
‘‘(i) are technically feasible and cost-effective; or
‘‘(ii) will eliminate future payments from the
National Flood Insurance Fund for severe repetitive
loss structures through an acquisition or relocation
activity.
‘‘(B) CONSIDERATIONS.—In making a determination
under subparagraph (A), the Administrator shall take into
consideration recognized ancillary benefits.’’;
(C) by redesignating paragraph (5) as paragraph (3);
(D) in paragraph (3), as so redesignated—
(i) in the matter preceding subparagraph (A), by
striking ‘‘The Director’’ and all that follows through
‘‘Such activities may’’ and inserting ‘‘Eligible activities
under a mitigation plan may’’;
(ii) by striking subparagraphs (E) and (H);
(iii) by redesignating subparagraphs (D), (F), and
(G) as subparagraphs (E), (G), and (H), respectively;
(iv) by inserting after subparagraph (C) the following new subparagraph:
‘‘(D) elevation, relocation, or floodproofing of utilities
(including equipment that serves structures);’’;
(v) by inserting after subparagraph (E), as so
redesignated, the following new subparagraph:
‘‘(F) the development or update of mitigation plans
by a State or community which meet the planning criteria
established by the Administrator, except that the amount
from grants under this section that may be used under
this subparagraph may not exceed $50,000 for any mitigation plan of a State or $25,000 for any mitigation plan
of a community;’’;
(vi) in subparagraph (H); as so redesignated, by
striking ‘‘and’’ at the end; and
(vii) by adding at the end the following new subparagraphs:
‘‘(I) other mitigation activities not described in subparagraphs (A) through (G) or the regulations issued under
subparagraph (H), that are described in the mitigation
plan of a State or community; and
‘‘(J) without regard to the requirements under paragraphs (1) and (2) of subsection (d), and if the State applied
for and was awarded at least $1,000,000 in grants available
under this section in the prior fiscal year, technical assistance to communities to identify eligible activities, to
develop grant applications, and to implement grants
awarded under this section, not to exceed $50,000 to any
1 State in any fiscal year.’’; and
(E) by striking paragraph (6) and inserting the following:
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‘‘(4) ELIGIBILITY OF DEMOLITION AND REBUILDING OF PROPERTIES.—The Administrator shall consider as an eligible
activity the demolition and rebuilding of properties to at least
base flood elevation or greater, if required by the Administrator
or if required by any State regulation or local ordinance, and
in accordance with criteria established by the Administrator.’’;
(6) by inserting after subsection (c), as so redesignated,
the following new subsection:
‘‘(d) MATCHING REQUIREMENT.—The Administrator may provide
grants for eligible mitigation activities as follows:
‘‘(1) SEVERE REPETITIVE LOSS STRUCTURES.—In the case
of mitigation activities to severe repetitive loss structures, in
an amount up to—
‘‘(A) 100 percent of all eligible costs, if the activities
are approved under subsection (c)(2)(A)(i); or
‘‘(A) the expected savings to the National Flood Insurance Fund from expected avoided damages through acquisition or relocation activities, if the activities are approved
under subsection (c)(2)(A)(ii).
‘‘(2) REPETITIVE LOSS STRUCTURES.—In the case of mitigation activities to repetitive loss structures, in an amount up
to 90 percent of all eligible costs.
‘‘(3) OTHER MITIGATION ACTIVITIES.—In the case of all other
mitigation activities, in an amount up to 75 percent of all
eligible costs.’’.
(7) in subsection (e)(2), as so redesignated—
(A) by striking ‘‘certified under subsection (g)’’ and
inserting ‘‘required under subsection (d)’’; and
(B) by striking ‘‘3 times the amount’’ and inserting
‘‘the amount’’;
(8) in subsection (f), as so redesignated, by striking ‘‘Riegle
Community Development and Regulatory Improvement Act of
1994’’ and inserting ‘‘Biggert-Waters Flood Insurance Reform
Act of 2012’’; and
(9) by adding at the end the following new subsections:
‘‘(g) FAILURE TO MAKE GRANT AWARD WITHIN 5 YEARS.—For
any application for a grant under this section for which the Administrator fails to make a grant award within 5 years of the date
of the application, the grant application shall be considered to
be denied and any funding amounts allocated for such grant applications shall remain in the National Flood Mitigation Fund under
section 1367 of this title and shall be made available for grants
under this section.
‘‘(h) DEFINITIONS.—For purposes of this section, the following
definitions shall apply:
‘‘(1) COMMUNITY.—The term ‘community’ means—
‘‘(A) a political subdivision that—
‘‘(i) has zoning and building code jurisdiction over
a particular area having special flood hazards; and
‘‘(ii) is participating in the national flood insurance
program; or
‘‘(B) a political subdivision of a State, or other
authority, that is designated by political subdivisions, all
of which meet the requirements of subparagraph (A), to
administer grants for mitigation activities for such political
subdivisions.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 941
‘‘(2) REPETITIVE LOSS STRUCTURE.—The term ‘repetitive loss
structure’ has the meaning given such term in section 1370.
‘‘(3) SEVERE REPETITIVE LOSS STRUCTURE.—The term ‘severe
repetitive loss structure’ means a structure that—
‘‘(A) is covered under a contract for flood insurance
made available under this title; and
‘‘(B) has incurred flood-related damage—
‘‘(i) for which 4 or more separate claims payments
have been made under flood insurance coverage under
this title, with the amount of each such claim exceeding
$5,000, and with the cumulative amount of such claims
payments exceeding $20,000; or
‘‘(ii) for which at least 2 separate claims payments
have been made under such coverage, with the cumulative amount of such claims exceeding the value of
the insured structure.’’.
(b) ELIMINATION OF GRANTS PROGRAM FOR REPETITIVE INSURANCE CLAIMS PROPERTIES.—Chapter I of the National Flood Insurance Act of 1968 is amended by striking section 1323 (42 U.S.C.
4030).
(c) ELIMINATION OF PILOT PROGRAM FOR MITIGATION OF SEVERE
REPETITIVE LOSS PROPERTIES.—Chapter III of the National Flood
Insurance Act of 1968 is amended by striking section 1361A (42
U.S.C. 4102a).
(d) NATIONAL FLOOD INSURANCE FUND.—Section 1310(a) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is
amended—
(1) in paragraph (6), by inserting ‘‘and’’ after the semicolon;
(2) in paragraph (7), by striking the semicolon and inserting
a period; and
(3) by striking paragraphs (8) and (9).
(e) NATIONAL FLOOD MITIGATION FUND.—Section 1367 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104d) is
amended—
(1) in subsection (b)—
(A) by striking paragraph (1) and inserting the following new paragraph:
‘‘(1) in each fiscal year, amounts from the National Flood
Insurance Fund not to exceed $90,000,000 and to remain available until expended, of which—
‘‘(A) not more than $40,000,000 shall be available
pursuant to subsection (a) of this section for assistance
described in section 1366(a)(1);
‘‘(B) not more than $40,000,000 shall be available
pursuant to subsection (a) of this section for assistance
described in section 1366(a)(2); and
‘‘(C) not more than $10,000,000 shall be available
pursuant to subsection (a) of this section for assistance
described in section 1366(a)(3);’’; and
(B) in paragraph (3), by striking ‘‘section 1366(i)’’ and
inserting ‘‘section 1366(e)’’;
(2) in subsection (c), by striking ‘‘sections 1366 and 1323’’
and inserting ‘‘section 1366’’;
(3) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(4) by inserting after subsection (c) the following new subsections:
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‘‘(d) PROHIBITION ON OFFSETTING COLLECTIONS.—Notwithstanding any other provision of this title, amounts made available
pursuant to this section shall not be subject to offsetting collections
through premium rates for flood insurance coverage under this
title.
‘‘(e) CONTINUED AVAILABILITY AND REALLOCATION.—Any
amounts made available pursuant to subparagraph (A), (B), or
(C) of subsection (b)(1) that are not used in any fiscal year shall
continue to be available for the purposes specified in the subparagraph of subsection (b)(1) pursuant to which such amounts were
made available, unless the Administrator determines that reallocation of such unused amounts to meet demonstrated need for other
mitigation activities under section 1366 is in the best interest
of the National Flood Insurance Fund.’’.
(f) INCREASED COST OF COMPLIANCE COVERAGE.—Section
1304(b)(4) of the National Flood Insurance Act of 1968 (42 U.S.C.
4011(b)(4)) is amended—
(1) by striking subparagraph (B); and
(2) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (B), (C), and (D), respectively.
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42 USC 4101
note.
SEC. 100226. FLOOD PROTECTION STRUCTURE ACCREDITATION TASK
FORCE.
(a) DEFINITIONS.—In this section—
(1) the term ‘‘flood protection structure accreditation
requirements’’ means the requirements established under section 65.10 of title 44, Code of Federal Regulations, for levee
systems to be recognized on maps created for purposes of the
National Flood Insurance Program;
(2) the term ‘‘National Committee on Levee Safety’’ means
the Committee on Levee Safety established under section 9003
of the National Levee Safety Act of 2007 (33 U.S.C. 3302);
and
(3) the term ‘‘task force’’ means the Flood Protection Structure Accreditation Task Force established under subsection (b).
(b) ESTABLISHMENT.—
(1) IN GENERAL.—The Administrator and the Secretary of
the Army, acting through the Chief of Engineers, in cooperation
with the National Committee on Levee Safety, shall jointly
establish a Flood Protection Structure Accreditation Task Force.
(2) DUTIES.—
(A) DEVELOPING PROCESS.—The task force shall develop
a process to better align the information and data collected
by or for the Corps of Engineers under the Inspection
of Completed Works Program with the flood protection
structure accreditation requirements so that—
(i) information and data collected for either purpose can be used interchangeably; and
(ii) information and data collected by or for the
Corps of Engineers under the Inspection of Completed
Works Program is sufficient to satisfy the flood protection structure accreditation requirements.
(B) GATHERING RECOMMENDATIONS.—The task force
shall gather, and consider in the process developed under
subparagraph (A), recommendations from interested persons in each region relating to the information, data, and
accreditation requirements described in subparagraph (A).
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(3) CONSIDERATIONS.—In developing the process under
paragraph (2), the task force shall consider changes to—
(A) the information and data collected by or for the
Corps of Engineers under the Inspection of Completed
Works Program; and
(B) the flood protection structure accreditation requirements.
(4) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to require a reduction in the level of public safety
and flood control provided by accredited levees, as determined
by the Administrator for purposes of this section.
(c) IMPLEMENTATION.—The Administrator and the Secretary of
the Army, acting through the Chief of Engineers, shall implement
the process developed by the task force under subsection (b) not
later than 1 year after the date of enactment of this Act and
shall complete the process under subsection (b) not later than
2 years after the date of enactment of this Act.
(d) REPORTS.—The Administrator and the Secretary of the
Army, acting through the Chief of Engineers, in cooperation with
the National Committee on Levee Safety, shall jointly submit to
the Committee on Banking, Housing, and Urban Affairs and the
Committee on Environment and Public Works of the Senate and
the Committee on Financial Services, the Committee on Transportation and Infrastructure, and the Committee on Natural Resources
of the House of Representatives reports concerning the activities
of the task force and the implementation of the process developed
by the task force under subsection (b), including—
(1) an interim report, not later than 180 days after the
date of enactment of this Act; and
(2) a final report, not later than 1 year after the date
of enactment of this Act.
(e) TERMINATION.—The task force shall terminate on the date
of submission of the report under subsection (d)(2).
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SEC. 100227. FLOOD IN PROGRESS DETERMINATIONS.
(a) REPORT.—
(1) REVIEW.—The Administrator shall review—
(A) the processes and procedures for determining that
a flood event has commenced or is in progress for purposes
of flood insurance coverage made available under the
National Flood Insurance Program;
(B) the processes and procedures for providing public
notification that such a flood event has commenced or
is in progress;
(C) the processes and procedures regarding the timing
of public notification of flood insurance requirements and
availability; and
(D) the effects and implications that weather conditions, including rainfall, snowfall, projected snowmelt,
existing water levels, and other conditions, have on the
determination that a flood event has commenced or is
in progress.
(2) REPORT.—Not later than 6 months after the date of
enactment of this Act, the Administrator shall submit a report
to Congress that describes—
(A) the results and conclusions of the review under
paragraph (1); and
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(B) any actions taken, or proposed actions to be taken,
by the Administrator to provide for more precise and technical processes and procedures for determining that a flood
event has commenced or is in progress.
(b) EFFECTIVE DATE OF POLICIES COVERING PROPERTIES
AFFECTED BY FLOODING OF THE MISSOURI RIVER IN 2011.—
(1) ELIGIBLE COVERAGE.—For purposes of this subsection,
the term ‘‘eligible coverage’’ means coverage under a new contract for flood insurance coverage under the National Flood
Insurance Program, or a modification to coverage under an
existing flood insurance contract, for property damaged by the
flooding of the Missouri River that commenced on June 1,
2011, that was purchased or made during the period beginning
May 1, 2011, and ending June 6, 2011.
(2) EFFECTIVE DATES.—Notwithstanding section 1306(c) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)),
or any other provision of law, any eligible coverage shall—
(A) be deemed to take effect on the date that is 30
days after the date on which all obligations for the eligible
coverage (including completion of the application and payment of any initial premiums owed) are satisfactorily completed; and
(B) cover damage to property occurring after the effective date described in subparagraph (A) that resulted from
the flooding of the Missouri River that commenced on June
1, 2011, if the property did not suffer damage or loss
as a result of such flooding before the effective date
described in subparagraph (A).
(c) TIMELY NOTIFICATION.—Not later than 90 days after the
date on which the Administrator submits the report required under
subsection (a)(2), the Administrator shall, taking into consideration
the results of the review under subsection (a)(1)(B), develop procedures for providing timely notification, to the extent practicable,
to policyholders who have purchased flood insurance coverage under
the National Flood Insurance Program within 30 days of a determination of a flood in progress and who may be affected by the
flood of the determination and how the determination may affect
their coverage.
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SEC. 100228. CLARIFICATION OF RESIDENTIAL AND COMMERCIAL COVERAGE LIMITS.
Section 1306(b) of the National Flood Insurance Act of 1968
(42 U.S.C. 4013(b)) is amended—
(1) in paragraph (2)—
(A) by striking ‘‘in the case of any residential property’’
and inserting ‘‘in the case of any residential building
designed for the occupancy of from 1 to 4 families’’; and
(B) by striking ‘‘shall be made available to every
insured upon renewal and every applicant for insurance
so as to enable such insured or applicant to receive coverage
up to a total amount (including such limits specified in
paragraph (1)(A)(i)) of $250,000’’ and inserting ‘‘shall be
made available, with respect to any single such building,
up to an aggregate liability (including such limits specified
in paragraph (1)(A)(i)) of $250,000’’; and
(2) in paragraph (4)—
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(A) by striking ‘‘in the case of any nonresidential property, including churches,’’ and inserting ‘‘in the case of
any nonresidential building, including a church,’’; and
(B) by striking ‘‘shall be made available to every
insured upon renewal and every applicant for insurance,
in respect to any single structure, up to a total amount
(including such limit specified in subparagraph (B) or (C)
of paragraph (1), as applicable) of $500,000 for each structure and $500,000 for any contents related to each structure’’ and inserting ‘‘shall be made available with respect
to any single such building, up to an aggregate liability
(including such limits specified in subparagraph (B) or
(C) of paragraph (1), as applicable) of $500,000, and coverage shall be made available up to a total of $500,000
aggregate liability for contents owned by the building owner
and $500,000 aggregate liability for each unit within the
building for contents owned by the tenant’’.
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SEC. 100229. LOCAL DATA REQUIREMENT.
(a) IN GENERAL.—Notwithstanding any other provision of this
subtitle, no area or community participating in the National Flood
Insurance Program that is or includes a community that is identified by the Administrator as Community Identification Number
360467 and impacted by the Jamaica Bay flooding source or identified by the Administrator as Community Identification Number
360495 may be or become designated as an area having special
flood hazards for purposes of the National Flood Insurance Program,
unless the designation is made on the basis of—
(1) flood hazard analyses of hydrologic, hydraulic, or coastal
flood hazards that have been properly calibrated and validated,
and are specific and directly relevant to the geographic area
being studied; and
(2) ground elevation information of sufficient accuracy and
precision to meet the guidelines of the Administration for
accuracy at the 95 percent confidence level.
(b) REMAPPING.—
(1) REMAPPING REQUIRED.—If the Administrator determines
that an area described in subsection (a) has been designated
as an area of special flood hazard on the basis of information
that does not comply with the requirements under subsection
(a), the Administrator shall revise and update any National
Flood Insurance Program rate map for the area—
(A) using information that complies with the requirements under subsection (a); and
(B) in accordance with the procedures established
under section 1363 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4104) for flood elevation determinations.
(2) INTERIM PERIOD.—A National Flood Insurance Program
rate map in effect on the date of enactment of this Act for
an area for which the Administrator has made a determination
under paragraph (1) shall continue in effect with respect to
the area during the period—
(A) beginning on the date of enactment of this Act;
and
(B) ending on the date on which the Administrator
determines that the requirements under section 1363 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4104)
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PUBLIC LAW 112–141—JULY 6, 2012
for flood elevation determinations have been met with
respect to a revision and update under paragraph (1) of
a National Flood Insurance Program rate map for the
area.
(3) DEADLINE.—The Administrator shall issue a preliminary National Flood Insurance Program rate map resulting
from a revision and update required under paragraph (1) not
later than 1 year after the date of enactment of this Act.
(4) RISK PREMIUM RATE CLARIFICATION.—
(A) IN GENERAL.—If a revision and update required
under paragraph (1) results in a reduction in the risk
premium rate for a property in an area for which the
Administrator has made a determination under paragraph
(1), the Administrator shall—
(i) calculate the difference between the reduced
risk premium rate and the risk premium rate paid
by a policyholder with respect to the property during
the period—
(I) beginning on the date on which the
National Flood Insurance Program rate map in
effect for the area on the date of enactment of
this Act took effect; and
(II) ending on the date on which the revised
or updated National Flood Insurance Program rate
map takes effect; and
(ii) reimburse the policyholder an amount equal
to such difference.
(B) FUNDING.—Notwithstanding section 1310 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4017),
there shall be available to the Administrator from premiums deposited in the National Flood Insurance Fund
pursuant to subsection (d) of such section 1310, of amounts
not otherwise obligated, the amount necessary to carry
out this paragraph.
(c) TERMINATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), this
section shall cease to have effect on the effective date of a
National Flood Insurance Program rate map revised and
updated under subsection (b)(1).
(2) REIMBURSEMENTS.—Subsection (b)(4) shall cease to have
effect on the date on which the Administrator has made all
reimbursements required under subsection (b)(4).
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42 USC 4014
note.
SEC. 100230. ELIGIBILITY FOR FLOOD INSURANCE FOR PERSONS
RESIDING IN COMMUNITIES THAT HAVE MADE ADEQUATE PROGRESS ON THE RECONSTRUCTION OR
IMPROVEMENT OF A FLOOD PROTECTION SYSTEM.
(a) ELIGIBILITY FOR FLOOD INSURANCE COVERAGE.—
(1) IN GENERAL.—Notwithstanding any other provision of
law (including section 1307(e) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4014(e))), a person residing in a community that the Administrator determines has made adequate
progress on the reconstruction or improvement of a flood protection system that will afford flood protection for a 100-year
floodplain (without regard to the level of Federal funding of
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 947
or participation in the construction, reconstruction, or improvement), shall be eligible for flood insurance coverage under the
National Flood Insurance Program—
(A) if the person resides in a community that is a
participant in the National Flood Insurance Program; and
(B) at a risk premium rate that does not exceed the
risk premium rate that would be chargeable if the flood
protection system had been completed.
(2) ADEQUATE PROGRESS.—
(A) RECONSTRUCTION OR IMPROVEMENT.—For purposes
of paragraph (1), the Administrator shall determine that
a community has made adequate progress on the
reconstruction or improvement of a flood protection system
if—
(i) 100 percent of the project cost has been authorized;
(ii) not less than 60 percent of the project cost
has been secured or appropriated;
(iii) not less than 50 percent of the flood protection
system has been assessed as being without deficiencies;
and
(iv) the reconstruction or improvement has a
project schedule that does not exceed 5 years, beginning on the date on which the reconstruction or
construction of the improvement commences.
(B) CONSIDERATIONS.—In determining whether a flood
protection system has been assessed as being without deficiencies, the Administrator shall consider the requirements
under section 65.10 of chapter 44, Code of Federal Regulations, or any successor thereto.
(C) DATE OF COMMENCEMENT.—For purposes of
subparagraph (A)(iv) of this paragraph and subsection
(b)(2)(B), the date of commencement of the reconstruction
or improvement of a flood protection system that is undergoing reconstruction or improvement on the date of enactment of this Act shall be deemed to be the date on which
the owner of the flood protection system submits a request
under paragraph (3).
(3) REQUEST FOR DETERMINATION.—The owner of a flood
protection system that is undergoing reconstruction or improvement on the date of enactment of this Act may submit to
the Administrator a request for a determination under paragraph (2) that the community in which the flood protection
system is located has made adequate progress on the
reconstruction or improvement of the flood protection system.
(4) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to prohibit the Administrator from making
a determination under paragraph (2) for any community in
which a flood protection system is not undergoing reconstruction or improvement on the date of enactment of this Act.
(b) TERMINATION OF ELIGIBILITY.—
(1) ADEQUATE CONTINUING PROGRESS.—The Administrator
shall issue rules to establish a method of determining whether
a community has made adequate continuing progress on the
reconstruction or improvement of a flood protection system
that includes—
(A) a requirement that the Administrator shall—
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Regulations.
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(i) consult with the owner of the flood protection
system—
(I) 6 months after the date of a determination
under subsection (a);
(II) 18 months after the date of a determination under subsection (a); and
(III) 36 months after the date of a determination under subsection (a); and
(ii) after each consultation under clause (i), determine whether the reconstruction or improvement is
reasonably likely to be completed in accordance with
the project schedule described in subsection
(a)(2)(A)(iv); and
(B) a requirement that, if the Administrator makes
a determination under subparagraph (A)(ii) that
reconstruction or improvement is not reasonably likely to
be completed in accordance with the project schedule, the
Administrator shall—
(i) not later than 30 days after the date of the
determination, notify the owner of the flood protection
system of the determination and provide the rationale
and evidence for the determination; and
(ii) provide the owner of the flood protection system
the opportunity to appeal the determination.
(2) TERMINATION.—The Administrator shall terminate the
eligibility for flood insurance coverage under subsection (a)
for persons residing in a community with respect to which
the Administrator made a determination under subsection (a)
if—
(A) the Administrator determines that the community
has not made adequate continuing progress; or
(B) on the date that is 5 years after the date on
which the reconstruction or construction of the improvement commences, the project has not been completed.
(3) WAIVER.—A person whose eligibility would otherwise
be terminated under paragraph (2)(B) shall continue to be
eligible to purchase flood insurance coverage described in subsection (a) if the Administrator determines—
(A) the community has made adequate continuing
progress on the reconstruction or improvement of a flood
protection system; and
(B) there is a reasonable expectation that the
reconstruction or improvement of the flood protection
system will be completed not later than 1 year after the
date of the determination under this paragraph.
(4) RISK PREMIUM RATE.—If the Administrator terminates
the eligibility of persons residing in a community to purchase
flood insurance coverage described in subsection (a), the
Administrator shall establish an appropriate risk premium rate
for flood insurance coverage under the National Flood Insurance
Program for persons residing in the community that purchased
flood insurance coverage before the date on which the termination of eligibility takes effect, taking into consideration the
then-current state of the flood protection system.
(c) ADDITIONAL AUTHORITY.—
(1) ADDITIONAL AUTHORITY.—Notwithstanding subsection
(a), in exceptional and exigent circumstances, the Administrator
Consultation.
Deadline.
Notification.
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126 STAT. 949
may, in the Administrator’s sole discretion, determine that
a person residing in a community, which is a participant in
the National Flood Insurance Program, that has begun
reconstruction or improvement of a flood protection system
that will afford flood protection for a 100-year floodplain (without regard to the level of Federal funding of or participation
in the reconstruction or improvement) shall be eligible for flood
insurance coverage under the National Flood Insurance Program at a risk premium rate that does not exceed the risk
premium rate that would be chargeable if the flood protection
system had been completed, provided—
(A) the community makes a written request for the
determination setting forth the exceptional and exigent
circumstances, including why the community cannot meet
the criteria for adequate progress set forth in under subsection (a)(2)(A) and why immediate relief is necessary;
(B) the Administrator submits a written report setting
forth findings of the exceptional and exigent circumstances
on which the Administrator based an affirmative determination to the Committee on Banking, Housing, and
Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives not later
than 15 days before making the determination; and
(C) the eligibility for flood insurance coverage at a
risk premium rate determined under this subsection terminates no later than 1 year after the date on which the
Administrator makes the determination.
(2) LIMITATION.—Upon termination of eligibility under
paragraph (1)(C), a community may submit another request
pursuant to paragraph (1)(A). The Administrator may make
no more than two determinations under paragraph (1) with
respect to persons residing within any single requesting community.
(3) TERMINATION.—The authority provided under paragraphs (1) and (2) shall terminate two years after the enactment
of this Act.
Reports.
Deadline.
Deadline.
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SEC. 100231. STUDIES AND REPORTS.
(a) REPORT ON IMPROVING THE NATIONAL FLOOD INSURANCE
PROGRAM.—Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall conduct
a study and submit a report to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives, on—
(1) the number of flood insurance policy holders currently
insuring—
(A) a residential structure up to the maximum available coverage amount, as established in section 61.6 of
title 44, Code of Federal Regulations, of—
(i) $250,000 for the structure; and
(ii) $100,000 for the contents of such structure;
or
(B) a commercial structure up to the maximum available coverage amount, as established in section 61.6 of
title 44, Code of Federal Regulations, of $500,000;
(2) the increased losses the National Flood Insurance Program would have sustained during the 2004 and 2005 hurricane
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42 USC 4027a.
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PUBLIC LAW 112–141—JULY 6, 2012
season if the National Flood Insurance Program had insured
all policyholders up to the maximum conforming loan limit
for fiscal year 2006 of $417,000, as established under section
302(b)(2) of the Federal National Mortgage Association Charter
Act (12 U.S.C. 1717(b)(2));
(3) the availability in the private marketplace of flood
insurance coverage in amounts that exceed the current limits
of coverage amounts established in section 61.6 of title 44,
Code of Federal Regulations; and
(4) what effect, if any—
(A) raising the current limits of coverage amounts
established in section 61.6 of title 44, Code of Federal
Regulations, would have on the ability of private insurers
to continue providing flood insurance coverage; and
(B) reducing the current limits of coverage amounts
established in section 61.6 of title 44, Code of Federal
Regulations, would have on the ability of private insurers
to provide sufficient flood insurance coverage to effectively
replace the current level of flood insurance coverage being
provided under the National Flood Insurance Program.
(b) REPORT OF THE ADMINISTRATOR ON ACTIVITIES UNDER THE
NATIONAL FLOOD INSURANCE PROGRAM.—
(1) IN GENERAL.—The Administrator shall, on an annual
basis, submit a full report on the operations, activities, budget,
receipts, and expenditures of the National Flood Insurance
Program for the preceding 12-month period to the Committee
on Banking, Housing, and Urban Affairs of the Senate and
the Committee on Financial Services of the House of Representatives.
(2) TIMING.—Each report required under paragraph (1)
shall be submitted to the committees described in paragraph
(1) not later than 3 months following the end of each fiscal
year.
(3) CONTENTS.—Each report required under paragraph (1)
shall include—
(A) the current financial condition and income statement of the National Flood Insurance Fund established
under section 1310 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4017), including—
(i) premiums paid into such Fund;
(ii) policy claims against such Fund; and
(iii) expenses in administering such Fund;
(B) the number and face value of all policies issued
under the National Flood Insurance Program that are in
force;
(C) a description and summary of the losses attributable to repetitive loss structures;
(D) a description and summary of all losses incurred
by the National Flood Insurance Program due to—
(i) hurricane related damage; and
(ii) nonhurricane related damage;
(E) the amounts made available by the Administrator
for mitigation assistance under section 1366(c)(4) of the
National Flood Insurance Act of 1968 (42 U.S.C.
4104c(c)(4)), as so redesignated by this Act, for the purchase
of properties substantially damaged by flood for that fiscal
year, and the actual number of flood damaged properties
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 951
purchased and the total cost expended to purchase such
properties;
(F) the estimate of the Administrator as to the average
historical loss year, and the basis for that estimate;
(G) the estimate of the Administrator as to the maximum amount of claims that the National Flood Insurance
Program would have to expend in the event of a catastrophic year;
(H) the average—
(i) amount of insurance carried per flood insurance
policy;
(ii) premium per flood insurance policy; and
(iii) loss per flood insurance policy; and
(I) the number of claims involving damages in excess
of the maximum amount of flood insurance available under
the National Flood Insurance Program and the sum of
the amount of all damages in excess of such amount.
(c) GAO STUDY ON PRE-FIRM STRUCTURES.—Not later than
1 year after the date of enactment of this Act, the Comptroller
General of the United States shall conduct a study and submit
a report to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Financial Services of the
House of Representatives, on the—
(1) composition of the remaining pre-FIRM structures that
are explicitly receiving discounted premium rates under section
1307 of the National Flood Insurance Act of 1968 (42 U.S.C.
4014), including the historical basis for the receipt of such
subsidy and the extent to which pre-FIRM structures are currently owned by the same owners of the property at the time
of the original National Flood Insurance Program rate map;
(2) number and fair market value of such structures;
(3) respective income level of the owners of such structures;
(4) number of times each such structure has been sold
since 1968, including specific dates, sales price, and any other
information the Secretary determines appropriate;
(5) total losses incurred by such structures since the
establishment of the National Flood Insurance Program compared to the total losses incurred by all structures that are
charged a nondiscounted premium rate;
(6) total cost of foregone premiums since the establishment
of the National Flood Insurance Program, as a result of the
subsidies provided to such structures;
(7) annual cost as a result of the subsidies provided to
such structures;
(8) the premium income collected and the losses incurred
by the National Flood Insurance Program as a result of such
explicitly subsidized structures compared to the premium
income collected and the losses incurred by such Program as
a result of structures that are charged a nondiscounted premium rate, on a State-by-State basis; and
(9) the options for eliminating the subsidy to such structures.
(d) GAO REVIEW OF FEMA CONTRACTORS.—The Comptroller
General of the United States, in conjunction with the Office of
the Inspector General of the Department of Homeland Security,
shall—
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(1) conduct a review of the 3 largest contractors the
Administrator uses in administering the National Flood Insurance Program; and
(2) not later than 18 months after the date of enactment
of this Act, submit a report on the findings of such review
to the Administrator, the Committee on Banking, Housing,
and Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives.
(e) STUDY AND REPORT ON GRADUATED RISK.—
(1) STUDY.—
(A) STUDY REQUIRED.—The Administrator shall enter
into a contract under which the National Academy of
Sciences shall conduct a study exploring methods for understanding graduated risk behind levees and the associated
land development, insurance, and risk communication
dimensions.
(B) CONTENTS OF STUDY.—The study under this paragraph shall—
(i) research, review, and recommend current best
practices for estimating direct annualized flood losses
behind levees for residential and commercial structures;
(ii) rank each best practice recommended under
clause (i) based on the best value, balancing cost, scientific integrity, and the inherent uncertainties associated with all aspects of the loss estimate, including
geotechnical engineering, flood frequency estimates,
economic value, and direct damages;
(iii) research, review, and identify current best
floodplain management and land use practices behind
levees that effectively balance social, economic, and
environmental considerations as part of an overall flood
risk management strategy;
(iv) identify areas in which the best floodplain
management and land use practices described in clause
(iii) have proven effective and recommend methods
and processes by which such practices could be applied
more broadly across the United States, given the
variety of different flood risks, State and local legal
frameworks, and evolving judicial opinions;
(v) research, review, and identify a variety of flood
insurance pricing options for flood hazards behind
levees that are actuarially sound and based on the
flood risk data developed using the 3 best practices
recommended under clause (i) that have the best value
as determined under clause (ii);
(vi) evaluate and recommend methods to reduce
insurance costs through creative arrangements
between insureds and insurers while keeping a clear
accounting of how much financial risk is being borne
by various parties such that the entire risk is accounted
for, including establishment of explicit limits on disaster aid or other assistance in the event of a flood;
and
(vii) taking into consideration the recommendations under clauses (i) through (iii), recommend
approaches to communicate the associated risks to
Deadline.
Reports.
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 953
community officials, homeowners, and other residents
of communities.
(2) REPORT.—The contract under paragraph (1)(A) shall
provide that not later than 12 months after the date of enactment of this Act, the National Academy of Sciences shall submit
to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Financial Services and
the Committee on Science, Space, and Technology of the House
of Representatives a report on the study under paragraph (1)
that includes the information and recommendations required
under paragraph (1).
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SEC. 100232. REINSURANCE.
(a) FEMA AND GAO REPORTS ON PRIVATIZATION.—Not later
than 18 months after the date of enactment of this Act, the Administrator and the Comptroller General of the United States shall
each—
(1) conduct a separate study to assess a broad range of
options, methods, and strategies for privatizing the National
Flood Insurance Program; and
(2) submit a report to the Committee on Financial Services
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate with recommendations for the best manner to accomplish the privatization
described in paragraph (1).
(b) PRIVATE RISK-MANAGEMENT INITIATIVES.—The Administrator may carry out such private risk-management initiatives as
are otherwise authorized under applicable law, as the Administrator
considers appropriate to determine the capacity of private insurers,
reinsurers, and financial markets to assist communities, on a voluntary basis only, in managing the full range of financial risks
associated with flooding.
(c) REINSURANCE ASSESSMENT.—
(1) PRIVATE MARKET PRICING ASSESSMENT.—Not later than
12 months after the date of enactment of this Act, the Administrator shall submit to Congress a report that—
(A) assesses the capacity of the private reinsurance,
capital, and financial markets to assist communities, on
a voluntary basis, in managing the full range of financial
risks associated with flooding by requesting proposals to
assume a portion of the insurance risk of the National
Flood Insurance Program;
(B) describes any responses to the request for proposals
under subparagraph (A);
(C) assesses whether the rates and terms contained
in any proposals received by the Administrator are—
(i) reasonable and appropriate; and
(ii) in an amount sufficient to maintain the ability
of the National Flood Insurance Program to pay claims;
(D) describes the extent to which carrying out the
proposals received by the Administrator would minimize
the likelihood that the Administrator would use the borrowing authority under section 1309 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016);
(E) describes fluctuations in historical reinsurance
rates; and
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Deadline.
Reports.
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PUBLIC LAW 112–141—JULY 6, 2012
(F) includes an economic cost-benefit analysis of the
impact on the National Flood Insurance Program if the
Administrator were to exercise the authority under section
1335(a)(2) of the National Flood Insurance Act of 1968
(42 U.S.C. 4055(a)(2)), as added by this section, to secure
reinsurance of coverage provided by the National Flood
Insurance Program from the private market.
(2) PROTOCOL FOR RELEASE OF DATA.—The Administrator
shall develop a protocol, including adequate privacy protections,
to provide for the release of data sufficient to conduct the
assessment required under paragraph (1).
(d) REINSURANCE.—The National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.) is amended—
(1) in section 1331(a)(2) (42 U.S.C. 4051(a)(2)), by inserting
‘‘, including as reinsurance of coverage provided by the flood
insurance program’’ before ‘‘, on such terms’’;
(2) in section 1332(c)(2) (42 U.S.C. 4052(c)(2)), by inserting
‘‘or reinsurance’’ after ‘‘flood insurance coverage’’;
(3) in section 1335(a) (42 U.S.C. 4055(a))—
(A) by striking ‘‘The Director’’ and inserting the following:
‘‘(1) IN GENERAL.—The Administrator’’; and
(B) by adding at the end the following:
‘‘(2) PRIVATE REINSURANCE.—The Administrator is authorized to secure reinsurance of coverage provided by the flood
insurance program from the private market at rates and on
terms determined by the Administrator to be reasonable and
appropriate, in an amount sufficient to maintain the ability
of the program to pay claims.’’;
(4) in section 1346(a) (42 U.S.C. 4082(a))—
(A) in the matter preceding paragraph (1), by inserting
after ‘‘for the purpose of’’ the following: ‘‘securing reinsurance of insurance coverage provided by the program or
for the purpose of’’;
(B) in paragraph (1)—
(i) by striking ‘‘estimating’’ and inserting ‘‘Estimating’’; and
(ii) by striking the semicolon at the end and
inserting a period;
(C) in paragraph (2)—
(i) by striking ‘‘receiving’’ and inserting
‘‘Receiving’’; and
(ii) by striking the semicolon at the end and
inserting a period;
(D) in paragraph (3)—
(i) by striking ‘‘making’’ and inserting ‘‘Making’’;
and
(ii) by striking ‘‘ ‘; and’ ’’ and inserting a period;
(E) by redesignating paragraph (4) as paragraph (5);
(F) in paragraph (5), as so redesignated, by striking
‘‘otherwise’’ and inserting ‘‘Otherwise’’; and
(G) by inserting after paragraph (3) the following new
paragraph:
‘‘(4) Placing reinsurance coverage on insurance provided
by such program.’’; and
(5) in section 1370(a)(3) (42 U.S.C. 4121(a)(3)), by striking
‘‘include any’’ and all that follows and inserting the following:
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126 STAT. 955
‘‘include any organization or person that is authorized to engage
in the business of insurance under the laws of any State,
subject to the reporting requirements of the Securities
Exchange Act of 1934 pursuant to section 13(a) or 15(d) of
such Act (15 U.S.C. 78m(a) and 78o(d)), or authorized by the
Administrator to assume reinsurance on risks insured by the
flood insurance program;’’.
(e) ASSESSMENT OF CLAIMS-PAYING ABILITY.—
(1) ASSESSMENT.—
(A) ASSESSMENT REQUIRED.—
(i) IN GENERAL.—Not later than September 30 of
each year, the Administrator shall conduct an assessment of the ability of the National Flood Insurance
Program to pay claims.
(ii) PRIVATE MARKET REINSURANCE.—The assessment under this paragraph for any year in which the
Administrator exercises the authority under section
1335(a)(2) of the National Flood Insurance Act of 1968
(42 U.S.C. 4055(a)(2)), as added by this section, to
secure reinsurance of coverage provided by the
National Flood Insurance Program from the private
market shall include information relating the use of
private sector reinsurance and reinsurance equivalents
by the Administrator, whether or not the Administrator
used the borrowing authority under section 1309 of
the National Flood Insurance Act of 1968 (42 U.S.C.
4016).
(iii) FIRST ASSESSMENT.—The Administrator shall
conduct the first assessment required under this paragraph not later than September 30, 2012.
(B) CONSIDERATIONS.—In conducting an assessment
under subparagraph (A), the Administrator shall take into
consideration regional concentrations of coverage written
by the National Flood Insurance Program, peak flood zones,
and relevant mitigation measures.
(2) ANNUAL REPORT OF THE ADMINISTRATOR OF ACTIVITIES
UNDER THE NATIONAL FLOOD INSURANCE PROGRAM.—The
Administrator shall—
(A) include the results of each assessment in the report
required under section 100231(b); and
(B) not later than 30 days after the date on which
the Administrator completes an assessment required under
paragraph (1), make the results of the assessment available
to the public.
Deadlines.
42 USC 4027b.
Public
information.
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SEC. 100233. GAO STUDY ON BUSINESS INTERRUPTION AND ADDITIONAL LIVING EXPENSES COVERAGES.
(a) STUDY.—The Comptroller General of the United States shall
conduct a study concerning—
(1) the availability of additional living expenses and business interruption coverage in the private marketplace for flood
insurance;
(2) the feasibility of allowing the National Flood Insurance
Program to offer such coverage at the option of the consumer;
(3) the estimated cost to consumers if the National Flood
Insurance Program priced such optional coverage at true actuarial rates;
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PUBLIC LAW 112–141—JULY 6, 2012
(4) the impact such optional coverage would have on consumer participation in the National Flood Insurance Program;
and
(5) the fiscal impact such optional coverage would have
upon the National Flood Insurance Fund if such optional coverage were included in the National Flood Insurance Program,
as described in paragraph (2), at the price described in paragraph (3).
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall submit to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives
a report containing the results of the study under subsection (a).
42 USC 4013a.
SEC. 100234. POLICY DISCLOSURES.
(a) IN GENERAL.—Notwithstanding any other provision of law,
in addition to any other disclosures that may be required, each
policy under the National Flood Insurance Program shall state
all conditions, exclusions, and other limitations pertaining to coverage under the subject policy, regardless of the underlying insurance product, in plain English, in boldface type, and in a font
size that is twice the size of the text of the body of the policy.
(b) VIOLATIONS.—The Administrator may impose a civil penalty
of not more than $50,000 on any person that fails to comply with
subsection (a).
SEC. 100235. REPORT ON INCLUSION OF BUILDING CODES IN FLOODPLAIN MANAGEMENT CRITERIA.
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Not later than 6 months after the date of enactment of this
Act, the Administrator of the Federal Emergency Management
Agency shall conduct a study and submit a report to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives
regarding the impact, effectiveness, and feasibility of amending
section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C.
4102) to include widely used and nationally recognized building
codes as part of the floodplain management criteria developed under
such section, and shall determine—
(1) the regulatory, financial, and economic impacts of such
a building code requirement on homeowners, States and local
communities, local land use policies, and the Federal Emergency Management Agency;
(2) the resources required of State and local communities
to administer and enforce such a building code requirement;
(3) the effectiveness of such a building code requirement
in reducing flood-related damage to buildings and contents;
(4) the impact of such a building code requirement on
the actuarial soundness of the National Flood Insurance Program;
(5) the effectiveness of nationally recognized codes in
allowing innovative materials and systems for flood-resistant
construction;
(6) the feasibility and effectiveness of providing an incentive
in lower premium rates for flood insurance coverage under
such Act for structures meeting whichever of such widely used
and nationally recognized building codes or any applicable local
building codes provides greater protection from flood damage;
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126 STAT. 957
(7) the impact of such a building code requirement on
rural communities with different building code challenges than
urban communities; and
(8) the impact of such a building code requirement on
Indian reservations.
SEC. 100236. STUDY OF PARTICIPATION AND AFFORDABILITY FOR CERTAIN POLICYHOLDERS.
(a) FEMA STUDY.—The Administrator shall conduct a study
of—
(1) methods to encourage and maintain participation in
the National Flood Insurance Program;
(2) methods to educate consumers about the National Flood
Insurance Program and the flood risk associated with their
property;
(3) methods for establishing an affordability framework
for the National Flood Insurance Program, including methods
to aid individuals to afford risk-based premiums under the
National Flood Insurance Program through targeted assistance
rather than generally subsidized rates, including means-tested
vouchers; and
(4) the implications for the National Flood Insurance Program and the Federal budget of using each such method.
(b) NATIONAL ACADEMY OF SCIENCES ECONOMIC ANALYSIS.—
To inform the Administrator in the conduct of the study under
subsection (a), the Administrator shall enter into a contract under
which the National Academy of Sciences, in consultation with the
Comptroller General of the United States, shall conduct and submit
to the Administrator an economic analysis of the costs and benefits
to the Federal Government of a flood insurance program with
full risk-based premiums, combined with means-tested Federal
assistance to aid individuals who cannot afford coverage, through
an insurance voucher program. The analysis shall compare the
costs of a program of risk-based rates and means-tested assistance
to the current system of subsidized flood insurance rates and federally funded disaster relief for people without coverage.
(c) REPORT.—Not later than 270 days after the date of enactment of this Act, the Administrator shall submit to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives
a report that contains the results of the study and analysis under
this section.
(d) FUNDING.—Notwithstanding section 1310 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4017), there shall be available to the Administrator from the National Flood Insurance Fund,
of amounts not otherwise obligated, not more than $750,000 to
carry out this section.
Contracts.
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SEC. 100237. STUDY AND REPORT CONCERNING THE PARTICIPATION
OF INDIAN TRIBES AND MEMBERS OF INDIAN TRIBES
IN THE NATIONAL FLOOD INSURANCE PROGRAM.
(a) DEFINITION.—In this section, the term ‘‘Indian tribe’’ has
the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(b) FINDINGS.—Congress finds that participation by Indian
tribes in the National Flood Insurance Program is low. Only 45
of 565 Indian tribes participate in the National Flood Insurance
Program.
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(c) STUDY.—The Comptroller General of the United States,
in coordination and consultation with Indian tribes and members
of Indian tribes throughout the United States, shall carry out
a study that examines—
(1) the factors contributing to the current rates of participation by Indian tribes and members of Indian tribes in the
National Flood Insurance Program; and
(2) methods of encouraging participation by Indian tribes
and members of Indian tribes in the National Flood Insurance
Program.
(d) REPORT.—Not later than 6 months after the date of enactment of this Act, the Comptroller General shall submit to Congress
a report that—
(1) contains the results of the study carried out under
subsection (c);
(2) describes the steps that the Administrator should take
to increase awareness and encourage participation by Indian
tribes and members of Indian tribes in the National Flood
Insurance Program; and
(3) identifies any legislative changes that would encourage
participation by Indian tribes and members of Indian tribes
in the National Flood Insurance Program.
SEC. 100238. TECHNICAL CORRECTIONS.
42 USC 4003
et seq.
42 USC 4011
et seq.
(a) FLOOD DISASTER PROTECTION ACT OF 1973.—The Flood
Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.) is
amended—
(1) by striking ‘‘Director’’ each place that term appears,
except in section 102(f)(3) (42 U.S.C. 4012a(f)(3)), and inserting
‘‘Administrator’’; and
(2) in section 201(b) (42 U.S.C. 4105(b)), by striking ‘‘Director’s’’ and inserting ‘‘Administrator’s’’.
(b) NATIONAL FLOOD INSURANCE ACT OF 1968.—The National
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is amended—
(1) by striking ‘‘Director’’ each place that term appears
and inserting ‘‘Administrator’’;
(2) in section 1363 (42 U.S.C. 4104), by striking ‘‘Director’s’’
each place that term appears and inserting ‘‘Administrator’s’’;
and
(3) in section 1370(a)(9) (42 U.S.C. 4121(a)(9)), by striking
‘‘the Office of Thrift Supervision,’’.
(c) FEDERAL FLOOD INSURANCE ACT OF 1956.—Section 15(e)
of the Federal Flood Insurance Act of 1956 (42 U.S.C. 2414(e))
is amended by striking ‘‘Director’’ each place that term appears
and inserting ‘‘Administrator’’.
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SEC. 100239. USE OF PRIVATE INSURANCE TO SATISFY MANDATORY
PURCHASE REQUIREMENT.
(a) AMENDMENTS.—Section 102(b) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)) is amended—
(1) in paragraph (1)—
(A) by striking the period at the end and inserting
‘‘; and’’;
(B) by striking ‘‘lending institutions not to make’’ and
inserting ‘‘lending institutions—
‘‘(A) not to make’’; and
(C) by adding at the end the following:
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PUBLIC LAW 112–141—JULY 6, 2012
126 STAT. 959
‘‘(B) to accept private flood insurance as satisfaction
of the flood insurance coverage requirement under subparagraph (A) if the coverage provided by such private flood
insurance meets the requirements for coverage under such
subparagraph.’’;
(2) in paragraph (2)—
(A) by striking ‘‘paragraph (1)’’ each place that term
appears and inserting ‘‘paragraph (1)(A)’’; and
(B) by inserting after the first sentence the following:
‘‘Each Federal agency lender shall accept private flood
insurance as satisfaction of the flood insurance coverage
requirement under the preceding sentence if the flood
insurance coverage provided by such private flood insurance meets the requirements for coverage under such sentence.’’;
(3) in paragraph (3), in the matter following subparagraph
(B), by striking ‘‘paragraph (1).’’ and inserting ‘‘paragraph
(1)(A). The Federal National Mortgage Association and the
Federal Home Loan Mortgage Corporation shall accept private
flood insurance as satisfaction of the flood insurance coverage
requirement under paragraph (1)(A) if the flood insurance coverage provided by such private flood insurance meets the
requirements for coverage under such paragraph and any
requirements established by the Federal National Mortgage
Association or the Federal Home Loan Mortgage Corporation,
respectively, relating to the financial solvency, strength, or
claims-paying ability of private insurance companies from
which the Federal National Mortgage Association or the Federal
Home Loan Mortgage Corporation will accept private flood
insurance.’’; and
(4) by adding at the end the following:
‘‘(5) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to supersede or limit the authority of a
Federal entity for lending regulation, the Federal Housing
Finance Agency, a Federal agency lender, the Federal National
Mortgage Association, or the Federal Home Loan Mortgage
Corporation to establish requirements relating to the financial
solvency, strength, or claims-paying ability of private insurance
companies from which the entity or agency will accept private
flood insurance.
‘‘(6) NOTICE.—
‘‘(A) IN GENERAL.—Each lender shall disclose to a borrower that is subject to this subsection that—
‘‘(i) flood insurance is available from private insurance companies that issue standard flood insurance
policies on behalf of the national flood insurance program or directly from the national flood insurance
program;
‘‘(ii) flood insurance that provides the same level
of coverage as a standard flood insurance policy under
the national flood insurance program may be available
from a private insurance company that issues policies
on behalf of the company; and
‘‘(iii) the borrower is encouraged to compare the
flood insurance coverage, deductibles, exclusions, conditions and premiums associated with flood insurance
policies issued on behalf of the national flood insurance
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Deadline.
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program and policies issued on behalf of private insurance companies and to direct inquiries regarding the
availability, cost, and comparisons of flood insurance
coverage to an insurance agent.
‘‘(B) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed as affecting or otherwise limiting
the authority of a Federal entity for lending regulation
to approve any disclosure made by a regulated lending
institution for purposes of complying with subparagraph
(A).
‘‘(7) PRIVATE FLOOD INSURANCE DEFINED.—In this subsection, the term ‘private flood insurance’ means an insurance
policy that—
‘‘(A) is issued by an insurance company that is—
‘‘(i) licensed, admitted, or otherwise approved to
engage in the business of insurance in the State or
jurisdiction in which the insured building is located,
by the insurance regulator of that State or jurisdiction;
or
‘‘(ii) in the case of a policy of difference in conditions, multiple peril, all risk, or other blanket coverage
insuring nonresidential commercial property, is recognized, or not disapproved, as a surplus lines insurer
by the insurance regulator of the State or jurisdiction
where the property to be insured is located;
‘‘(B) provides flood insurance coverage which is at least
as broad as the coverage provided under a standard flood
insurance policy under the national flood insurance program, including when considering deductibles, exclusions,
and conditions offered by the insurer;
‘‘(C) includes—
‘‘(i) a requirement for the insurer to give 45 days’
written notice of cancellation or non-renewal of flood
insurance coverage to—
‘‘(I) the insured; and
‘‘(II) the regulated lending institution or Federal agency lender;
‘‘(ii) information about the availability of flood
insurance coverage under the national flood insurance
program;
‘‘(iii) a mortgage interest clause similar to the
clause contained in a standard flood insurance policy
under the national flood insurance program; and
‘‘(iv) a provision requiring an insured to file suit
not later than 1 year after date of a written denial
of all or part of a claim under the policy; and
‘‘(D) contains cancellation provisions that are as restrictive as the provisions contained in a standard flood insurance policy under the national flood insurance program.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—Section
1364(a)(3)(C) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104a(a)(3)(C)) is amended by inserting after ‘‘private insurers’’
the following: ‘‘, as required under section 102(b)(6) of the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)(6))’’.
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126 STAT. 961
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SEC. 100240. LEVEES CONSTRUCTED ON CERTAIN PROPERTIES.
(a) DEFINITION.—In this section, the term ‘‘covered hazard mitigation land’’ means land that—
(1) was acquired and deed restricted under section 1366
of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c)
during the period beginning on January 1, 1999, and ending
December 31, 2011;
(2) is located at—
(A) 1029 Oak Street, Fargo, North Dakota;
(B) 27 South Terrace, Fargo, North Dakota;
(C) 1033 Oak Street, Fargo, North Dakota;
(D) 308 Schnell Drive, Oxbow, North Dakota; or
(E) 306 Schnell Drive, Oxbow, North Dakota; and
(3) is located in a community that—
(A) is participating in the National Flood Insurance
Program on the date on which a State, local, or tribal
government submits an application requesting to construct
a permanent flood risk reduction levee under subsection
(b); and
(B) certifies to the Administrator and the Chief of
Engineers that the community will continue to participate
in the National Flood Insurance Program.
(b) AUTHORITY.—Notwithstanding any other prohibition on
construction on property acquired with funding from the Federal
Emergency Management Agency for conversion to open space purposes, the Administrator shall allow the construction of a permanent
flood risk reduction levee by a State, local, or tribal government
on covered hazard mitigation land if—
(1) the Administrator and the Chief of Engineers make
a determination that—
(A) construction of the proposed permanent flood risk
reduction levee would more effectively mitigate against
flooding risk than an open floodplain or other flood risk
reduction measures;
(B) the proposed permanent flood risk reduction levee
complies with Federal, State, and local requirements,
including mitigation of adverse impacts and implementation of floodplain management requirements, which shall
include an evaluation of whether the construction, operation, and maintenance of the proposed levee—
(i) would continue to meet best available industry
standards and practices;
(ii) would be the most cost-effective measure to
protect against the assessed flood risk; and
(iii) minimizes future costs to the Federal Government;
(C) the State, local, or tribal government seeking to
construct the proposed permanent flood risk reduction levee
has provided an adequate maintenance plan that documents the procedures the State, local, or tribal government
will use to ensure that the stability, height, and overall
integrity of the proposed levee and the structure and systems of the proposed levee are maintained, including—
(i) specifying the maintenance activities to be performed;
(ii) specifying the frequency with which maintenance activities will be performed;
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PUBLIC LAW 112–141—JULY 6, 2012
(iii) specifying the person responsible for performing each maintenance activity (by name or title);
(iv) detailing the plan for financing the maintenance of the levee; and
(v) documenting the ability of the State, local, or
tribal government to finance the maintenance of the
levee; and
(2) before the commencement of construction, the State,
local, or tribal government provides to the Administrator an
amount—
(A) equal to the Federal share of all project costs
previously provided by the Administrator under the
applicable program for each deed restricted parcel of the
covered hazard mitigation land, which the Administrator
shall deposit in the National Flood Insurance Fund; and
(B) that does not include any Federal funds.
(c) MAINTENANCE CERTIFICATION.—
(1) IN GENERAL.—A State, local, or tribal government that
constructs a permanent flood risk reduction levee under subsection (b) shall submit to the Administrator and the Chief
of Engineers an annual certification indicating whether the
State, local, or tribal government is in compliance with the
maintenance plan provided under subsection (b)(1)(C).
(2) REVIEW.—The Chief of Engineers shall review each
certification submitted under paragraph (1) and determine
whether the State, local, or tribal government has complied
with the maintenance plan.
Determination.
SEC. 100241. INSURANCE COVERAGE FOR PRIVATE PROPERTIES
AFFECTED BY FLOODING FROM FEDERAL LANDS.
Determination.
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Deadline.
Section 1306(c)(2) of the National Flood Insurance Act of 1968
(42 U.S.C. 4013(c)(2)) is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at the end;
(2) in subparagraph (B), by striking the period at the
end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(C) the initial purchase of flood insurance coverage
for private property if—
‘‘(i) the Administrator determines that the property
is affected by flooding on Federal land that is a result
of, or is exacerbated by, post-wildfire conditions, after
consultation with an authorized employee of the Federal agency that has jurisdiction of the land on which
the wildfire that caused the post-wildfire conditions
occurred; and
‘‘(ii) the flood insurance coverage was purchased
not later than 60 days after the fire containment date,
as determined by the appropriate Federal employee,
relating to the wildfire that caused the post-wildfire
conditions described in clause (i).’’.
SEC. 100242. PERMISSIBLE LAND USE UNDER FEDERAL FLOOD INSURANCE PLAN.
Chapter I of the National Flood Insurance Act of 1968 (42
U.S.C. 4011 et seq.) is amended by adding at the end the following:
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126 STAT. 963
‘‘SEC. 1325. TREATMENT OF SWIMMING POOL ENCLOSURES OUTSIDE
OF HURRICANE SEASON.
42 USC 4032.
‘‘(a) IN GENERAL.—Notwithstanding any other provision of law,
including the adequate land use and control measures developed
pursuant to section 1361 and applicable to non-one- and two-family
structures located within coastal areas, as identified by the Administrator, the following may be permitted:
‘‘(1) Nonsupporting breakaway walls in the space below
the lowest elevated floor of a building, if the space is used
solely for a swimming pool between November 30 and June
1 of any year, in an area designated as Zone V on a flood
insurance rate map.
‘‘(2) Openings in walls in the space below the lowest elevated floor of a building, if the space is used solely for a
swimming pool between November 30 and June 1 of any year,
in an area designated as Zone A on a flood insurance rate
map.
‘‘(b) RULE OF CONSTRUCTION.—Nothing in subsection (a) shall
be construed to alter the terms and conditions of eligibility and
insurability of coverage for a building under the standard flood
insurance policy under the national flood insurance program.’’.
Time period.
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SEC. 100243. CDBG ELIGIBILITY FOR FLOOD INSURANCE OUTREACH
ACTIVITIES
AND
COMMUNITY
BUILDING
CODE
ADMINISTRATION GRANTS.
(a) AMENDMENTS.—Section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is amended—
(1) by redesignating paragraph (25) as paragraph (26);
(2) by redesignating the second paragraph designated as
paragraph (24) (relating to tornado-safe shelters) as paragraph
(25);
(3) in paragraph (24) (relating to homeownership among
persons with low and moderate income), by striking ‘‘and’’ at
the end;
(4) in paragraph (25), as so redesignated, by striking ‘‘and’’
at the end;
(5) in paragraph (26), as so redesignated, by striking the
period at the end and inserting a semicolon; and
(6) by adding at the end the following new paragraphs:
‘‘(27) supplementing existing State or local funding for
administration of building code enforcement by local building
code enforcement departments, including for increasing staffing,
providing staff training, increasing staff competence and professional qualifications, and supporting individual certification or
departmental accreditation, and for capital expenditures specifically dedicated to the administration of the building code
enforcement department, except that, to be eligible to use
amounts as provided in this paragraph—
‘‘(A) a building code enforcement department shall provide matching, non-Federal funds to be used in conjunction
with amounts used under this paragraph in an amount—
‘‘(i) in the case of a building code enforcement
department serving an area with a population of more
than 50,000, equal to not less than 50 percent of the
total amount of any funds made available under this
title that are used under this paragraph;
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126 STAT. 964
‘‘(ii) in the case of a building code enforcement
department serving an area with a population of
between 20,001 and 50,000, equal to not less than
25 percent of the total amount of any funds made
available under this title that are used under this
paragraph; and
‘‘(iii) in the case of a building code enforcement
department serving an area with a population of less
than 20,000, equal to not less than 12.5 percent of
the total amount of any funds made available under
this title that are used under this paragraph,
except that the Secretary may waive the matching fund
requirements under this subparagraph, in whole or in part,
based upon the level of economic distress of the jurisdiction
in which is located the local building code enforcement
department that is using amounts for purposes under this
paragraph, and shall waive such matching fund requirements in whole for any recipient jurisdiction that has dedicated all building code permitting fees to the conduct of
local building code enforcement; and
‘‘(B) any building code enforcement department using
funds made available under this title for purposes under
this paragraph shall empanel a code administration and
enforcement team consisting of at least 1 full-time building
code enforcement officer, a city planner, and a health
planner or similar officer; and
‘‘(28) provision of assistance to local governmental agencies
responsible for floodplain management activities (including
such agencies of Indians tribes, as such term is defined in
section 4 of the Native American Housing Assistance and SelfDetermination Act of 1996 (25 U.S.C. 4103)) in communities
that participate in the national flood insurance program under
the National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.), only for carrying out outreach activities to encourage
and facilitate the purchase of flood insurance protection under
such Act by owners and renters of properties in such communities and to promote educational activities that increase awareness of flood risk reduction; except that—
‘‘(A) amounts used as provided under this paragraph
shall be used only for activities designed to—
‘‘(i) identify owners and renters of properties in
communities that participate in the national flood
insurance program, including owners of residential and
commercial properties;
‘‘(ii) notify such owners and renters when their
properties become included in, or when they are
excluded from, an area having special flood hazards
and the effect of such inclusion or exclusion on the
applicability of the mandatory flood insurance purchase
requirement under section 102 of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4012a) to such properties;
‘‘(iii) educate such owners and renters regarding
the flood risk and reduction of this risk in their community, including the continued flood risks to areas that
are no longer subject to the flood insurance mandatory
purchase requirement;
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‘‘(iv) educate such owners and renters regarding
the benefits and costs of maintaining or acquiring flood
insurance, including, where applicable, lower-cost preferred risk policies under this title for such properties
and the contents of such properties;
‘‘(v) encourage such owners and renters to maintain or acquire such coverage;
‘‘(vi) notify such owners of where to obtain information regarding how to obtain such coverage, including
a telephone number, mailing address, and Internet
site of the Administrator of the Federal Emergency
Management Agency (in this paragraph referred to
as the ‘Administrator’) where such information is available; and
‘‘(vii) educate local real estate agents in communities participating in the national flood insurance program regarding the program and the availability of
coverage under the program for owners and renters
of properties in such communities, and establish
coordination and liaisons with such real estate agents
to facilitate purchase of coverage under the National
Flood Insurance Act of 1968 and increase awareness
of flood risk reduction;
‘‘(B) in any fiscal year, a local governmental agency
may not use an amount under this paragraph that exceeds
3 times the amount that the agency certifies, as the Secretary, in consultation with the Administrator, shall
require, that the agency will contribute from non-Federal
funds to be used with such amounts used under this paragraph only for carrying out activities described in subparagraph (A); and for purposes of this subparagraph, the term
‘non-Federal funds’ includes State or local government
agency amounts, in-kind contributions, any salary paid
to staff to carry out the eligible activities of the local
governmental agency involved, the value of the time and
services contributed by volunteers to carry out such services
(at a rate determined by the Secretary), and the value
of any donated material or building and the value of any
lease on a building;
‘‘(C) a local governmental agency that uses amounts
as provided under this paragraph may coordinate or contract with other agencies and entities having particular
capacities, specialties, or experience with respect to certain
populations or constituencies, including elderly or disabled
families or persons, to carry out activities described in
subparagraph (A) with respect to such populations or
constituencies; and
‘‘(D) each local government agency that uses amounts
as provided under this paragraph shall submit a report
to the Secretary and the Administrator, not later than
12 months after such amounts are first received, which
shall include such information as the Secretary and the
Administrator jointly consider appropriate to describe the
activities conducted using such amounts and the effect
of such activities on the retention or acquisition of flood
insurance coverage.’’.
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Reports.
Deadline.
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(b) SUNSET.—Effective on the date that is 2 years after the
date of enactment of this Act, section 105(a) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5305(a)) is
amended—
(1) in paragraph (25), as so redesignated by subsection
(a) of this subsection, by adding ‘‘and’’ at the end;
(2) in paragraph (26), as so redesignated by subsection
(a) of this subsection, by striking the semicolon at the end
and inserting a period; and
(3) by striking paragraphs (27) and (28), as added by subsection (a) of this subsection.
SEC. 100244. TERMINATION OF FORCE-PLACED INSURANCE.
(a) IN GENERAL.—Section 102(e) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(e)) is amended—
(1) in paragraph (2), by striking ‘‘purchasing the insurance’’
and inserting ‘‘purchasing the insurance, including premiums
or fees incurred for coverage beginning on the date on which
flood insurance coverage lapsed or did not provide a sufficient
coverage amount’’;
(2) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively; and
(3) by inserting after paragraph (2) the following new paragraphs:
‘‘(3) TERMINATION OF FORCE-PLACED INSURANCE.—Within
30 days of receipt by the lender or servicer of a confirmation
of a borrower’s existing flood insurance coverage, the lender
or servicer shall—
‘‘(A) terminate any insurance purchased by the lender
or servicer under paragraph (2); and
‘‘(B) refund to the borrower all premiums paid by the
borrower for any insurance purchased by the lender or
servicer under paragraph (2) during any period during
which the borrower’s flood insurance coverage and the
insurance coverage purchased by the lender or servicer
were each in effect, and any related fees charged to the
borrower with respect to the insurance purchased by the
lender or servicer during such period.
‘‘(4) SUFFICIENCY OF DEMONSTRATION.—For purposes of confirming a borrower’s existing flood insurance coverage, a lender
or servicer for a loan shall accept from the borrower an insurance policy declarations page that includes the existing flood
insurance policy number and the identity of, and contact
information for, the insurance company or agent.’’.
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SEC. 100245. FEMA AUTHORITY ON TRANSFER OF POLICIES.
Section 1345 of the National Flood Insurance Act of 1968 (42
U.S.C. 4081) is amended by adding at the end the following new
subsection:
‘‘(d) FEMA AUTHORITY ON TRANSFER OF POLICIES.—Notwithstanding any other provision of this title, the Administrator may,
at the discretion of the Administrator, refuse to accept the transfer
of the administration of policies for coverage under the flood insurance program under this title that are written and administered
by any insurance company or other insurer, or any insurance agent
or broker.’’.
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126 STAT. 967
SEC. 100246. REIMBURSEMENT OF CERTAIN EXPENSES.
Section 1363 of the National Flood Insurance Act of 1968 (42
U.S.C. 4104) is amended by striking subsection (f) and inserting
the following:
‘‘(f) REIMBURSEMENT OF CERTAIN EXPENSES.—When, incident
to any appeal under subsection (b) or (c) of this section, the owner
or lessee of real property or the community, as the case may
be, incurs expense in connection with the services of surveyors,
engineers, or similar services, but not including legal services, in
the effecting of an appeal based on a scientific or technical error
on the part of the Federal Emergency Management Agency, which
is successful in whole or part, the Administrator shall reimburse
such individual or community to an extent measured by the ratio
of the successful portion of the appeal as compared to the entire
appeal and applying such ratio to the reasonable value of all such
services, but no reimbursement shall be made by the Administrator
in respect to any fee or expense payment, the payment of which
was agreed to be contingent upon the result of the appeal. The
amounts available for implementing this subsection shall not exceed
$250,000. The Administrator shall promulgate regulations to carry
out this subsection.’’.
Regulations.
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SEC. 100247. FIO STUDY ON RISKS, HAZARDS, AND INSURANCE.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Director of the Federal Insurance Office
shall conduct a study and submit to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee
on Financial Services of the House of Representatives a report
providing an assessment of the current state of the market for
natural catastrophe insurance in the United States.
(b) FACTORS.—The study and report required under subsection
(a) shall assess—
(1) the current condition of, as well as the outlook for,
the availability and affordability of insurance for natural catastrophe perils in all regions of the United States;
(2) the current ability of States, communities, and individuals to mitigate their natural catastrophe risks, including the
affordability and feasibility of such mitigation activities;
(3) the current state of catastrophic insurance and reinsurance markets and the current approaches in providing insurance protection to different sectors of the population of the
United States;
(4) the current financial condition of State residual markets
and catastrophe funds in high-risk regions, including the likelihood of insolvency following a natural catastrophe, the concentration of risks within such funds, the reliance on postevent assessments and State funding, and the adequacy of
rates; and
(5) the current role of the Federal Government and State
and local governments in providing incentives for feasible risk
mitigation efforts and the cost of providing post-natural catastrophe aid in the absence of insurance.
(c) ADDITIONAL FACTORS.—The study and report required under
subsection (a) shall also contain an assessment of current
approaches to insuring natural catastrophe risks in the United
States and such other information as the Director of the Federal
Insurance Office determines necessary or appropriate.
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PUBLIC LAW 112–141—JULY 6, 2012
(d) CONSULTATION.—In carrying out the study and report under
subsection (a), the Director of the Federal Insurance Office shall
consult with the National Academy of Sciences, State insurance
regulators, consumer organizations, representatives of the insurance
and reinsurance industry, policyholders, and other organizations
and experts, as appropriate.
SEC. 100248. FLOOD PROTECTION IMPROVEMENTS CONSTRUCTED ON
CERTAIN PROPERTIES.
Certification.
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Determination.
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(a) DEFINITION.—In this section, the term ‘‘covered hazard mitigation land’’ means land that—
(1) was acquired and deed restricted under section 1366
of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c)
during the period beginning on March 1, 2008, and ending
on December 31, 2008;
(2) is located at—
(A) 809 East Main Cross Street, Findlay, Ohio, 45840;
(B) 801 East Main Cross Street, Findlay, Ohio, 45840;
(C) 725 East Main Cross Street, Findlay, Ohio, 45840;
or
(D) 631 East Main Cross Street, Findlay, Ohio, 45840;
and
(3) is located in a community that—
(A) is participating in the National Flood Insurance
Program on the date on which a State, local, or tribal
government submits an application requesting to construct
a flood protection improvement under subsection (b); and
(B) certifies to the Administrator and the Chief of
Engineers that the community will continue to participate
in the National Flood Insurance Program.
(b) AUTHORITY.—Notwithstanding any other prohibition on
construction on property acquired with funding from the Federal
Emergency Management Agency for conversion to open space purposes, the Administrator shall allow the construction of a flood
protection improvement by a State, local, or tribal government
on covered hazard mitigation land if—
(1) the Administrator and the Chief of Engineers make
a determination that—
(A) construction of the proposed flood protection
improvement would more effectively mitigate against
flooding risk than an open floodplain or other flood risk
reduction measures;
(B) the proposed flood protection improvement complies
with Federal, State, and local requirements, including mitigation of adverse impacts and implementation of floodplain
management requirements, which shall include an evaluation of whether the construction, operation, and maintenance of the proposed flood protection improvement—
(i) would continue to meet best available industry
standards and practices;
(ii) would be the most cost-effective measure to
protect against the assessed flood risk; and
(iii) minimizes future costs to the Federal Government;
(C) the State, local, or tribal government seeking to
construct the flood protection improvement has provided
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126 STAT. 969
an adequate maintenance plan that documents the procedures the State, local, or tribal government will use to
ensure that the stability, height, and overall integrity of
the proposed flood protection improvement and the structure and systems of the proposed flood protection improvement are maintained, including—
(i) specifying the maintenance activities to be performed;
(ii) specifying the frequency with which maintenance activities will be performed;
(iii) specifying the person responsible for performing each maintenance activity (by name or title);
(iv) detailing the plan for financing the maintenance of the flood protection improvement; and
(v) documenting the ability of the State, local, or
tribal government to finance the maintenance of the
flood protection improvement; and
(2) before the commencement of construction, the State,
local, or tribal government provides to the Administrator an
amount—
(A) equal to the Federal share of all project costs
previously provided by the Administrator under the
applicable program for each deed restricted parcel of the
covered hazard mitigation land, which the Administrator
shall deposit in the National Flood Insurance Fund; and
(B) that does not include any Federal funds.
(c) MAINTENANCE CERTIFICATION.—
(1) IN GENERAL.—A State, local, or tribal government that
constructs a flood protection improvement under subsection
(b) shall submit to the Administrator and the Chief of Engineers
an annual certification indicating whether the State, local, or
tribal government is in compliance with the maintenance plan
provided under subsection (b)(1)(C).
(2) REVIEW.—The Chief of Engineers shall review each
certification submitted under paragraph (1) and determine
whether the State, local, or tribal government has complied
with the maintenance plan.
SEC. 100249. NO CAUSE OF ACTION.
Determination.
42 USC 4130.
No cause of action shall exist and no claim may be brought
against the United States for violation of any notification requirement imposed upon the United States by this subtitle or any amendment made by this subtitle.
Subtitle B—Alternative Loss Allocation
Consumer Option
for an
Alternative
System to
Allocate Losses
Act of 2012.
42 USC 4001
note.
SEC. 100251. SHORT TITLE.
This subtitle may be cited as the ‘‘Consumer Option for an
Alternative System to Allocate Losses Act of 2012’’ or the
‘‘COASTAL Act of 2012’’.
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SEC. 100252. ASSESSING AND MODELING NAMED STORMS OVER
COASTAL STATES.
Subtitle C of title XII of the Omnibus Public Land Management
Act of 2009 (33 U.S.C. 3601 et seq.) (also known as the ‘‘Integrated
Coastal and Ocean Observation System Act of 2009’’) is amended
by adding at the end the following:
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33 USC 3611.
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Deadline.
Regulations.
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PUBLIC LAW 112–141—JULY 6, 2012
‘‘SEC. 12312. ASSESSING AND MODELING NAMED STORMS OVER
COASTAL STATES.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COASTAL FORMULA.—The term ‘COASTAL Formula’
has the meaning given the term in section 1337(a) of the
National Flood Insurance Act of 1968.
‘‘(2) COASTAL STATE.—The term ‘coastal State’ has the
meaning given the term ‘coastal state’ in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
‘‘(3) COASTAL WATERS.—The term ‘coastal waters’ has the
meaning given the term in such section.
‘‘(4) COVERED DATA.—The term ‘covered data’ means, with
respect to a named storm identified by the Administrator under
subsection (b)(2)(A), empirical data that are—
‘‘(A) collected before, during, or after such storm; and
‘‘(B) necessary to determine magnitude and timing of
wind speeds, rainfall, the barometric pressure, river flows,
the extent, height, and timing of storm surge, topographic
and bathymetric data, and other measures required to
accurately model and assess damage from such storm.
‘‘(5) INDETERMINATE LOSS.—The term ‘indeterminate loss’
has the meaning given the term in section 1337(a) of the
National Flood Insurance Act of 1968.
‘‘(6) NAMED STORM.—The term ‘named storm’ means any
organized weather system with a defined surface circulation
and maximum winds of at least 39 miles per hour which
the National Hurricane Center of the United States National
Weather Service names as a tropical storm or a hurricane.
‘‘(7) NAMED STORM EVENT MODEL.—The term ‘Named Storm
Event Model’ means the official meteorological and oceanographic computerized model, developed by the Administrator
under subsection (b)(1)(A), which utilizes covered data to replicate the magnitude, timing, and spatial variations of winds,
rainfall, and storm surges associated with named storms that
threaten any portion of a coastal State.
‘‘(8) PARTICIPANT.—The term ‘participant’ means a Federal,
State, or private entity that chooses to cooperate with the
Administrator in carrying out the provisions of this section
by collecting, contributing, and maintaining covered data.
‘‘(9) POST-STORM ASSESSMENT.—The term ‘post-storm
assessment’ means a scientific assessment produced and certified by the Administrator to determine the magnitude, timing,
and spatial variations of winds, rainfall, and storm surges
associated with a specific named storm to be used in the
COASTAL Formula.
‘‘(10) STATE.—The term ‘State’ means a State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any other territory or possession of the United States.
‘‘(b) NAMED STORM EVENT MODEL AND POST-STORM ASSESSMENT.—
‘‘(1) ESTABLISHMENT OF NAMED STORM EVENT MODEL.—
‘‘(A) IN GENERAL.—Not later than 540 days after the
date of the enactment of the Consumer Option for an
Alternative System to Allocate Losses Act of 2012, the
Administrator shall develop by regulation the Named
Storm Event Model.
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126 STAT. 971
‘‘(B) ACCURACY.—The Named Storm Event Model shall
be designed to generate post-storm assessments, as provided in paragraph (2), that have a degree of accuracy
of not less than 90 percent for every indeterminate loss
for which a post-storm assessment is utilized.
‘‘(2) POST-STORM ASSESSMENT.—
‘‘(A) IDENTIFICATION OF NAMED STORMS THREATENING
COASTAL STATES.—After the establishment of the COASTAL
Formula, the Administrator shall, in consultation with the
Secretary of Homeland Security, identify named storms
that may reasonably constitute a threat to any portion
of a coastal State.
‘‘(B) POST-STORM ASSESSMENT REQUIRED.—Upon identification of a named storm under subparagraph (A), the
Administrator shall develop a post-storm assessment for
such named storm using the Named Storm Event Model
and covered data collected for such named storm pursuant
to the protocol established under subsection (c)(1).
‘‘(C) SUBMITTAL OF POST-STORM ASSESSMENT.—Not
later than 90 days after an identification of a named storm
is made under subparagraph (A), the Administrator shall
submit to the Secretary of Homeland Security the poststorm assessment developed for such storm under subparagraph (B).
‘‘(3) ACCURACY.—The Administrator shall ensure, to the
greatest extent practicable, that each post-storm assessment
developed under paragraph (2) has a degree of accuracy of
not less than 90 percent.
‘‘(4) CERTIFICATION.—For each post-storm assessment carried out under paragraph (2), the Administrator shall—
‘‘(A) certify the degree of accuracy for such assessment,
including specific reference to any segments or geographic
areas for which the assessment is less than 90 percent
accurate; and
‘‘(B) report such certification to the Secretary of Homeland Security for the purposes of use with indeterminate
loss claims under section 1337 of the National Flood Insurance Act of 1968.
‘‘(5) FINALITY OF DETERMINATIONS.—A certification of the
degree of accuracy of a post-storm assessment under this subsection by the Administrator shall be final and shall not be
subject to judicial review.
‘‘(6) AVAILABILITY.—The Administrator shall make available to the public the Named Storm Event Model and any
post-storm assessment developed under this subsection.
‘‘(c) ESTABLISHMENT OF A PROTOCOL FOR POST-STORM ASSESSMENT.—
‘‘(1) IN GENERAL.—Not later than 540 days after the date
of the enactment of the Consumer Option for an Alternative
System to Allocate Losses Act of 2012, the Administrator shall
establish a protocol, based on the plan submitted under subsection (d)(3), to collect and assemble all covered data required
by the Administrator to produce post-storm assessments
required by subsection (b), including assembling data collected
by participants and stored in the database established under
subsection (f) and from such other sources as the Administrator
considers appropriate.
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Reports.
Public
information.
Deadline.
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Deadline.
Survey.
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‘‘(2) ACQUISITION OF SENSORS AND STRUCTURES.—If the
Administrator is unable to use a public or private asset to
obtain covered data as part of the protocol established under
paragraph (1), the Administrator may acquire such sensors
and structures for the placement of sensors as may be necessary
to obtain such data.
‘‘(3) USE OF FEDERAL ASSETS.—If the protocol requires
placement of a sensor to develop assessments pursuant to subsection (b), the Administrator shall, to the extent practicable,
use Federal assets for the placement of such sensors.
‘‘(4) USE OF ACQUIRED STRUCTURES.—
‘‘(A) IN GENERAL.—If the Administrator acquires a
structure for the placement of a sensor for purposes of
such protocol, the Administrator shall to the extent practical permit other public and private entities to place sensors on such structure to collect—
‘‘(i) meteorological data;
‘‘(ii) national security-related data;
‘‘(iii) navigation-related data;
‘‘(iv) hydrographic data; or
‘‘(v) such other data as the Administrator considers
appropriate.
‘‘(B) RECEIPT OF CONSIDERATION.—The Administrator
may receive consideration for the placement of a sensor
on a structure under subparagraph (A).
‘‘(C) IN-KIND CONSIDERATION.—Consideration received
under subparagraph (B) may be received in-kind.
‘‘(D) USE OF CONSIDERATION.—To the extent practicable, consideration received under subparagraph (B)
shall be used for the maintenance of sensors used to collect
covered data.
‘‘(5) COORDINATED DEPLOYMENTS AND DATA COLLECTION
PRACTICES.—The Administrator shall, in consultation with the
Office of the Federal Coordinator for Meteorology, coordinate
the deployment of sensors as part of the protocol established
under paragraph (1) and related data collection carried out
by Federal, State, academic, and private entities who choose
to cooperate with the Administrator in carrying out this subsection.
‘‘(6) PRIORITY ACQUISITION AND DEPLOYMENT.—The
Administrator shall give priority in the acquisition for and
deployment of sensors under the protocol required by paragraph
(1) to areas of coastal States that have the highest risk of
being harmed by named storms.
‘‘(d) ASSESSMENT OF SYSTEMS AND EFFORTS TO COLLECT COVERED DATA.—
‘‘(1) IDENTIFICATION OF SYSTEMS AND EFFORTS TO COLLECT
COVERED DATA.—Not later than 180 days after the date of
the enactment of the Consumer Option for an Alternative
System to Allocate Losses Act of 2012, the Administrator shall,
in consultation with the Office of the Federal Coordinator for
Meteorology—
‘‘(A) carry out a survey to identify all Federal and
State efforts and systems that are capable of collecting
covered data; and
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126 STAT. 973
‘‘(B) consult with private and academic sector entities
to identify domestic private and academic systems that
are capable of collecting covered data.
‘‘(2) IDENTIFICATION OF GAPS.—The Administrator shall, in
consultation with the Office of the Federal Coordinator for
Meteorology and individuals and entities consulted under subsection (e)(3), assess the systems identified under paragraph
(1) and identify which systems meet the needs of the National
Oceanic and Atmospheric Administration for the collection of
covered data, including with respect to the accuracy requirement for post-storm assessment under subsection (b)(3).
‘‘(3) PLAN.—Not later than 270 days after the date of the
enactment of the Consumer Option for an Alternative System
to Allocate Losses Act of 2012, the Administrator shall, in
consultation with the Office of the Federal Coordinator for
Meteorology, submit to Congress a plan for the collection of
covered data necessary to develop the Named Storm Event
Model and post-storm assessment required by subsection (b)
that addresses any gaps identified in paragraph (2).
‘‘(e) COORDINATION OF COVERED DATA COLLECTION AND MAINTENANCE BY PARTICIPANTS.—
‘‘(1) IN GENERAL.—The Administrator shall, in consultation
with the Office of the Federal Coordinator for Meteorology,
coordinate the collection and maintenance of covered data by
participants under this section—
‘‘(A) to streamline the process of collecting covered
data in accordance with the protocol established under
subsection (c)(1); and
‘‘(B) to maintain transparency of such process and the
database established under subsection (f).
‘‘(2) SHARING INFORMATION.—The Administrator shall
establish a process for sharing among participants information
relevant to collecting and using covered data for—
‘‘(A) academic research;
‘‘(B) private sector use;
‘‘(C) public outreach; and
‘‘(D) such other purposes as the Administrator considers appropriate.
‘‘(3) CONSULTATION.—In carrying out paragraphs (1) and
(2), the Administrator shall consult with the following:
‘‘(A) The Commanding General of the Corps of Engineers.
‘‘(B) The Administrator of the Federal Emergency
Management Agency.
‘‘(C) The Commandant of the Coast Guard.
‘‘(D) The Director of the United States Geological
Survey.
‘‘(E) The Office of the Federal Coordinator for Meteorology.
‘‘(F) The Director of the National Science Foundation.
‘‘(G) The Administrator of the National Aeronautics
and Space Administration.
‘‘(H) Such public, private, and academic sector entities
as the Administrator considers appropriate for purposes
of carrying out the provisions of this section.
‘‘(f) ESTABLISHMENT OF COASTAL WIND AND WATER EVENT
DATABASE.—
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Deadline.
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126 STAT. 974
Deadline.
Deadline.
Audit.
Reports.
PUBLIC LAW 112–141—JULY 6, 2012
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of the Consumer Option for an Alternative
System to Allocate Losses Act of 2012, the Administrator shall
establish a database for the collection and compilation of covered data—
‘‘(A) to support the protocol established under subsection (c)(1); and
‘‘(B) for the purposes listed in subsection (e)(2).
‘‘(2) DESIGNATION.—The database established under paragraph (1) shall be known as the ‘Coastal Wind and Water
Event Database’.
‘‘(g) COMPTROLLER GENERAL STUDY.—Not later than 1 year
after the date of the enactment of the Consumer Option for an
Alternative System to Allocate Losses Act of 2012, the Comptroller
General of the United States shall—
‘‘(1) complete an audit of Federal efforts to collect covered
data for purposes of the Consumer Option for an Alternative
System to Allocate Losses Act of 2012, which audit shall—
‘‘(A) examine duplicated Federal efforts to collect covered data; and
‘‘(B) determine the cost effectiveness of such efforts;
and
‘‘(2) submit to the Committee on Banking, Housing, and
Urban Affairs and the Commerce, Science, and Transportation
of the Senate and the Committee on Financial Services and
the Committee on Science, Space, and Technology of the House
of Representatives a report on the findings of the Comptroller
General with respect to the audit completed under paragraph
(1).’’.
SEC. 100253. ALTERNATIVE LOSS ALLOCATION SYSTEM FOR INDETERMINATE CLAIMS.
Part A of chapter II of the National Flood Insurance Act of
1968 (42 U.S.C. 4051 et seq.) is amended by adding at the end
the following:
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42 USC 4057.
‘‘SEC. 1337. ALTERNATIVE LOSS ALLOCATION SYSTEM FOR INDETERMINATE CLAIMS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the
Administrator of the Federal Emergency Management Agency.
‘‘(2) COASTAL FORMULA.—The term ‘COASTAL Formula’
means the formula established under subsection (b).
‘‘(3) COASTAL STATE.—The term ‘coastal State’ has the
meaning given the term ‘coastal state’ in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
‘‘(4) INDETERMINATE LOSS.—
‘‘(A) IN GENERAL.—The term ‘indeterminate loss’
means, as determined by an insurance claims adjuster
certified under the national flood insurance program and
in consultation with an engineer as appropriate, a loss
resulting from physical damage to, or loss of, property
located in any coastal State arising from the combined
perils of flood and wind associated with a named storm.
‘‘(B) REQUIREMENTS.—An insurance claims adjuster
certified under the national flood insurance program shall
only determine that a loss is an indeterminate loss if the
claims adjuster determines that—
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‘‘(i) no material remnant of physical buildings or
man-made structures remain except building foundations for the specific property for which the claim is
made; and
‘‘(ii) there is insufficient or no tangible evidence
created, yielded, or otherwise left behind of the specific
property for which the claim is made as a result of
the named storm.
‘‘(5) NAMED STORM.—The term ‘named storm’ means any
organized weather system with a defined surface circulation
and maximum winds of not less than 39 miles per hour which
the National Hurricane Center of the United States National
Weather Service names as a tropical storm or a hurricane.
‘‘(6) POST-STORM ASSESSMENT.—The term ‘post-storm
assessment’ means the post-storm assessment developed under
section 12312(b) of the Omnibus Public Land Management
Act of 2009.
‘‘(7) STATE.—The term ‘State’ means a State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any other territory or possession of the United States.
‘‘(8) SECRETARY.—The term ‘Secretary’ means the Secretary
of Homeland Security.
‘‘(9) STANDARD INSURANCE POLICY.—The term ‘standard
insurance policy’ means any insurance policy issued under the
national flood insurance program that covers loss or damage
to property resulting from water peril.
‘‘(10) PROPERTY.—The term ‘property’ means real or personal property that is insured under a standard insurance
policy for loss or damage to structure or contents.
‘‘(11) UNDER SECRETARY.—The term ‘Under Secretary’
means the Under Secretary of Commerce for Oceans and
Atmosphere, in the Under Secretary’s capacity as Administrator
of the National Oceanic and Atmospheric Administration.
‘‘(b) ESTABLISHMENT OF FLOOD LOSS ALLOCATION FORMULA FOR
INDETERMINATE CLAIMS.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date
on which the protocol is established under section 12312(c)(1)
of the Omnibus Public Land Management Act of 2009, the
Secretary, acting through the Administrator and in consultation
with the Under Secretary, shall establish by rule a standard
formula to determine and allocate wind losses and flood losses
for claims involving indeterminate losses.
‘‘(2) CONTENTS.—The standard formula established under
paragraph (1) shall—
‘‘(A) incorporate data available from the Coastal Wind
and Water Event Database established under section
12312(f) of the Omnibus Public Land Management Act
of 2009;
‘‘(B) use relevant data provided on the National Flood
Insurance Program Elevation Certificate for each indeterminate loss for which the formula is used;
‘‘(C) consider any sufficient and credible evidence,
approved by the Administrator, of the pre-event condition
of a specific property, including the findings of any policyholder or insurance claims adjuster in connection with
the indeterminate loss to that specific property;
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‘‘(D) include other measures, as the Administrator considers appropriate, required to determine and allocate by
mathematical formula the property damage caused by flood
or storm surge associated with a named storm; and
‘‘(E) subject to paragraph (3), for each indeterminate
loss, use the post-storm assessment to allocate water damage (flood or storm surge) associated with a named storm.
‘‘(3) DEGREE OF ACCURACY REQUIRED.—The standard formula established under paragraph (1) shall specify that the
Administrator may only use the post-storm assessment for purposes of the formula if the Under Secretary certifies that the
post-storm assessment has a degree of accuracy of not less
than 90 percent in connection with the specific indeterminate
loss for which the assessment and formula are used.
‘‘(c) AUTHORIZED USE OF POST-STORM ASSESSMENT AND
COASTAL FORMULA.—
‘‘(1) IN GENERAL.—Subject to paragraph (3), the Administrator may use the post-storm assessment and the COASTAL
Formula to—
‘‘(A) review flood loss payments for indeterminate
losses, including as part of the quality assurance reinspection program of the Federal Emergency Management
Agency for claims under the national flood insurance program and any other process approved by the Administrator
to review and validate payments under the national flood
insurance program for indeterminate losses following a
named storm; and
‘‘(B) assist the national flood insurance program to—
‘‘(i) properly cover qualified flood loss for claims
for indeterminate losses; and
‘‘(ii) avoid paying for any loss or damage to property caused by any peril (including wind), other than
flood or storm surge, that is not covered under a
standard policy under the national flood insurance program.
‘‘(2) FEDERAL DISASTER DECLARATION.—Subject to paragraph (3), in order to expedite claims and reduce costs to
the national flood insurance program, following any major disaster declared by the President under section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) relating to a named storm in a coastal State,
the Administrator may use the COASTAL Formula to determine and pay for any flood loss covered under a standard
insurance policy under the national flood insurance program,
if the loss is an indeterminate loss.
‘‘(3) NATIONAL ACADEMY OF SCIENCES EVALUATION.—
‘‘(A) EVALUATION REQUIRED.—
‘‘(i) EVALUATION.—Upon the issuance of the rule
establishing the COASTAL Formula, and each time
the Administrator modifies the COASTAL Formula,
the National Academy of Sciences shall—
‘‘(I) evaluate the expected financial impact on
the national flood insurance program of the use
of the COASTAL Formula as so established or
modified; and
‘‘(II) evaluate the validity of the scientific
assumptions upon which the formula is based and
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126 STAT. 977
determine whether the COASTAL formula can
achieve a degree of accuracy of not less than 90
percent in allocating flood losses for indeterminate
losses.
‘‘(ii) REPORT.—The National Academy of Sciences
shall submit a report containing the results of each
evaluation under clause (i) to the Administrator, the
Committee on Banking, Housing, and Urban Affairs
and the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on
Financial Services and the Committee on Science,
Space, and Technology of the House of Representatives.
‘‘(B) EFFECTIVE DATE AND APPLICABILITY.—
‘‘(i) EFFECTIVE DATE.—Paragraphs (1) and (2) of
this subsection shall not take effect unless the report
under subparagraph (A) relating to the establishment
of the COASTAL Formula concludes that the use of
the COASTAL Formula for purposes of paragraph (1)
and (2) would not have an adverse financial impact
on the national flood insurance program and that the
COASTAL Formula is based on valid scientific assumptions that would allow a degree of accuracy of not
less than 90 percent to be achieved in allocating flood
losses for indeterminate losses.
‘‘(ii) EFFECT OF MODIFICATIONS.—Unless the report
under subparagraph (A) relating to a modification of
the COASTAL Formula concludes that the use of the
COASTAL Formula, as so modified, for purposes of
paragraphs (1) and (2) would not have an adverse
financial impact on the national flood insurance program and that the COASTAL Formula is based on
valid scientific assumptions that would allow a degree
of accuracy of not less than 90 percent to be achieved
in allocating flood losses for indeterminate losses the
Administrator may not use the COASTAL Formula,
as so modified, for purposes of paragraphs (1) and
(2).
‘‘(C) FUNDING.—Notwithstanding section 1310 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4017),
there shall be available to the Administrator from the
National Flood Insurance Fund, of amounts not otherwise
obligated, not more than $750,000 to carry out this paragraph.
‘‘(d) DISCLOSURE OF COASTAL FORMULA.—Not later than 30
days after the date on which a post-storm assessment is submitted
to the Secretary under section 12312(b)(2)(C) of the Omnibus Public
Land Management Act of 2009, for each indeterminate loss for
which the COASTAL Formula is used pursuant to subsection (c)(2),
the Administrator shall disclose to the policyholder that makes
a claim relating to the indeterminate loss—
‘‘(1) that the Administrator used the COASTAL Formula
with respect to the indeterminate loss; and
‘‘(2) a summary of the results of the use of the COASTAL
Formula.
‘‘(e) CONSULTATION.—In carrying out subsections (b) and (c),
the Secretary shall consult with—
‘‘(1) the Under Secretary for Oceans and Atmosphere;
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‘‘(2) the Director of the National Institute of Standards
and Technology;
‘‘(3) the Chief of Engineers of the Corps of Engineers;
‘‘(4) the Director of the United States Geological Survey;
‘‘(5) the Office of the Federal Coordinator for Meteorology;
‘‘(6) State insurance regulators of coastal States; and
‘‘(7) such public, private, and academic sector entities as
the Secretary considers appropriate for purposes of carrying
out such subsections.
‘‘(f) RECORDKEEPING.—Each consideration and measure the
Administrator determines necessary to carry out subsection (b)
may be required, with advanced approval of the Administrator,
to be provided for on the National Flood Insurance Program Elevation Certificate, or maintained otherwise on record if approved
by the Administrator, for any property that qualifies for the
COASTAL Formula under subsection (c).
‘‘(g) CIVIL PENALTY.—
‘‘(1) IN GENERAL.—If an insurance claims adjuster knowingly and willfully makes a false or inaccurate determination
relating to an indeterminate loss, the Administrator may, after
notice and opportunity for hearing, impose on the insurance
claims adjuster a civil penalty of not more than $1,000.
‘‘(2) DEPOSIT.—Notwithstanding section 3302 of title 31,
United States Code, or any other law relating to the crediting
of money, the Administrator shall deposit in the National Flood
Insurance Fund any amounts received under this subsection,
which shall remain available until expended and be available
to the Administrator for purposes authorized for the National
Flood Insurance Fund without further appropriation.
‘‘(h) RULE OF CONSTRUCTION.—Nothing in this subsection shall
be construed to require the Administrator to make any payment
under the national flood insurance program, or an insurance company to make any payment, for an indeterminate loss based upon
post-storm assessment or the COASTAL Formula.
‘‘(i) APPLICABILITY.—Subsection (c) shall apply with respect to
an indeterminate loss associated with a named storm that occurs
after the date on which the Administrator issues the rule establishing the COASTAL Formula under subsection (b).
‘‘(j) RULE OF CONSTRUCTION.—Nothing in this subsection shall
be construed to negate, set aside, or void any policy limit, including
any loss limitation, set forth in a standard insurance policy.’’.
Subtitle C—HEARTH Act Amendment
42 USC 11360
note.
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Definition.
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SEC. 100261. HEARTH ACT TECHNICAL CORRECTIONS.
For purposes of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.)—
(1) the term ‘‘local government’’ includes an instrumentality
of a unit of general purpose local government other than a
public housing agency that is established pursuant to legislation
and designated by the chief executive to act on behalf of the
local government with regard to activities funded under such
title IV and includes a combination of general purpose local
governments, such as an association of governments, that is
recognized by the Secretary of Housing and Urban Development;
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(2) the term ‘‘State’’ includes any instrumentality of any
of the several States designated by the Governor to act on
behalf of the State and does not include the District of
Columbia;
(3) for purposes of environmental review, the Secretary
of Housing and Urban Development shall continue to permit
assistance and projects to be treated as assistance for special
projects that are subject to section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994 (42 U.S.C.
3547), and subject to the regulations issued by the Secretary
of Housing and Urban Development to implement such section;
and
(4) a metropolitan city and an urban county that each
receive an allocation under such title IV and are located within
a geographic area that is covered by a single continuum of
care may jointly request the Secretary of Housing and Urban
Development to permit the urban county or the metropolitan
city, as agreed to by such county and city, to receive and
administer their combined allocations under a single grant.
Definition.
TITLE III—STUDENT LOAN INTEREST
RATE EXTENSION
SEC. 100301. FEDERAL DIRECT STAFFORD LOAN INTEREST RATE
EXTENSION.
Section 455(b)(7)(D) of the Higher Education Act of 1965 (20
U.S.C. 1087e(b)(7)(D)) is amended—
(1) in the matter preceding clause (i), by striking ‘‘and
before July 1, 2012,’’ and inserting ‘‘and before July 1, 2013,’’;
and
(2) in clause (v), by striking ‘‘and before July 1, 2012,’’
and inserting ‘‘and before July 1, 2013,’’.
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SEC. 100302. ELIGIBILITY FOR, AND INTEREST CHARGES ON, FEDERAL
DIRECT STAFFORD LOANS FOR NEW BORROWERS ON
OR AFTER JULY 1, 2013.
(a) IN GENERAL.—Section 455 of the Higher Education Act
of 1965 (20 U.S.C. 1087e) is amended by adding at the end the
following:
‘‘(q) ELIGIBILITY FOR, AND INTEREST CHARGES ON, FEDERAL
DIRECT STAFFORD LOANS FOR NEW BORROWERS ON OR AFTER JULY
1, 2013.—
‘‘(1) IN GENERAL.—Notwithstanding subsection (a) or any
other provision of this title, any borrower who was a new
borrower on or after July 1, 2013, shall not be eligible for
a Federal Direct Stafford Loan if the period of time for which
the borrower has received Federal Direct Stafford Loans, in
the aggregate, exceeds the period of enrollment described in
paragraph (3). Such borrower may still receive any Federal
Direct Unsubsidized Stafford Loan for which such borrower
is otherwise eligible.
‘‘(2) ACCRUAL OF INTEREST ON FEDERAL DIRECT STAFFORD
LOANS.—Notwithstanding subsection (f)(1)(A) or any other
provision of this title and beginning on the date upon which
a borrower who is enrolled in a program of education or training
(including a course of study or program described in paragraph
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(3)(B) or (4)(B) of section 484(b)) for which borrowers are otherwise eligible to receive Federal Direct Stafford Loans, becomes
ineligible for such loan as a result of paragraph (1), interest
on all Federal Direct Stafford Loans that were disbursed to
such borrower on or after July 1, 2013, shall accrue. Such
interest shall be paid or capitalized in the same manner as
interest on a Federal Direct Unsubsidized Stafford Loan is
paid or capitalized under section 428H(e)(2).
‘‘(3) PERIOD OF ENROLLMENT.—
‘‘(A) IN GENERAL.—The aggregate period of enrollment
referred to in paragraph (1) shall not exceed the lesser
of—
‘‘(i) a period equal to 150 percent of the published
length of the educational program in which the student
is enrolled; or
‘‘(ii) in the case of a borrower who was previously
enrolled in one or more other educational programs
that began on or after July 1, 2013, and subject to
subparagraph (B), a period of time equal to the difference between—
‘‘(I) 150 percent of the published length of
the longest educational program in which the borrower was, or is, enrolled; and
‘‘(II) any periods of enrollment in which the
borrower received a Federal Direct Stafford Loan.
‘‘(B) REGULATIONS.—The Secretary shall specify in
regulation—
‘‘(i) how the aggregate period described in subparagraph (A) shall be calculated with respect to a borrower
who was or is enrolled on less than a full-time basis;
and
‘‘(ii) how such aggregate period shall be calculated
to include a course of study or program described in
paragraph (3)(B) or (4)(B) of section 484(b), respectively.’’.
(b) INAPPLICABILITY OF TITLE IV NEGOTIATED RULEMAKING
REQUIREMENT AND MASTER CALENDAR EXCEPTION.—Sections 482(c)
and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c),
1098a) shall not apply to the amendment made by subsection (a),
or to any regulations promulgated under such amendment.
20 USC 1089
note.
DIVISION G—SURFACE
TRANSPORTATION EXTENSION
Surface
Transportation
Extension Act
of 2012, Part II.
23 USC 101 note.
SEC. 110001. SHORT TITLE.
This division may be cited as the ‘‘Surface Transportation
Extension Act of 2012, Part II’’.
TITLE I—FEDERAL-AID HIGHWAYS
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SEC. 111001. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.
(a) IN GENERAL.—Section 111 of the Surface Transportation
Extension Act of 2011, Part II (Public Law 112–30; 125 Stat. 343;
126 Stat. 272) is amended—
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(1) by striking ‘‘the period beginning on October 1, 2011,
and ending on June 30, 2012,’’ each place it appears and
inserting ‘‘fiscal year 2012’’;
(2) by striking ‘‘3⁄4 of’’ each place it appears; and
(3) in subsection (a) by striking ‘‘June 30, 2012’’ and
inserting ‘‘September 30, 2012’’.
(b) USE OF FUNDS.—Section 111(c) of the Surface Transportation Extension Act of 2011, Part II (125 Stat. 343; 126 Stat.
272) is amended—
(1) in paragraph (3)—
(A) in subparagraph (A) by striking ‘‘, except that
during such period’’ and all that follows before the period
at the end; and
(B) in subparagraph (B)(ii) by striking ‘‘$479,250,000’’
and inserting ‘‘$639,000,000’’; and
(2) by striking paragraph (4).
(c) EXTENSION OF AUTHORIZATIONS UNDER TITLE V OF
SAFETEA–LU.—Section 111(e)(2) of the Surface Transportation
Extension Act of 2011, Part II (125 Stat. 346; 126 Stat. 272) is
amended by striking ‘‘the period beginning on October 1, 2011,
and ending on June 30, 2012.’’ and inserting ‘‘fiscal year 2012.’’.
(d) ADMINISTRATIVE EXPENSES.—Section 112(a) of the Surface
Transportation Extension Act of 2011, Part II (125 Stat. 346; 126
Stat. 272) is amended by striking ‘‘$294,641,438 for the period
beginning on October 1, 2011, and ending on June 30, 2012.’’
and inserting ‘‘$392,855,250 for fiscal year 2012.’’.
TITLE II—EXTENSION OF HIGHWAY
SAFETY PROGRAMS
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SEC. 112001. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION HIGHWAY SAFETY PROGRAMS.
(a) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.—Section 2001(a)(1)
of SAFETEA–LU (119 Stat. 1519) is amended by striking
‘‘$235,000,000 for each of fiscal years 2009 through 2011’’ and
all that follows through the period at the end and inserting ‘‘and
$235,000,000 for each of fiscal years 2009 through 2012.’’.
(b) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—Section
2001(a)(2) of SAFETEA–LU (119 Stat. 1519) is amended by striking
‘‘and $81,183,000 for the period beginning on October 1, 2011,
and ending on June 30, 2012.’’ and inserting ‘‘and $108,244,000
for fiscal year 2012.’’.
(c) OCCUPANT PROTECTION INCENTIVE GRANTS.—Section
2001(a)(3) of SAFETEA–LU (119 Stat. 1519) is amended by striking
‘‘$25,000,000 for each of fiscal years 2006 through 2011’’ and all
that follows through the period at the end and inserting ‘‘and
$25,000,000 for each of fiscal years 2006 through 2012.’’.
(d) SAFETY BELT PERFORMANCE GRANTS.—Section 2001(a)(4)
of SAFETEA–LU (119 Stat. 1519) is amended by striking ‘‘and
$36,375,000 for the period beginning on October 1, 2011, and ending
on June 30, 2012.’’ and inserting ‘‘and $48,500,000 for fiscal year
2012.’’.
(e) STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS.—Section 2001(a)(5) of SAFETEA–LU (119 Stat. 1519) is
amended by striking ‘‘for each of fiscal years 2006 through 2011’’
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and all that follows through the period at the end and inserting
‘‘for each of fiscal years 2006 through 2012.’’.
(f) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES INCENTIVE
GRANT PROGRAM.—Section 2001(a)(6) of SAFETEA–LU (119 Stat.
1519) is amended by striking ‘‘$139,000,000 for each of fiscal years
fiscal years 2009 through 2011’’ and all that follows through the
period at the end and inserting ‘‘and $139,000,000 for each of
fiscal years 2009 through 2012.’’.
(g) NATIONAL DRIVER REGISTER.—Section 2001(a)(7) of
SAFETEA–LU (119 Stat. 1520) is amended by striking ‘‘and
$3,087,000 for the period beginning on October 1, 2011, and ending
on June 30, 2012.’’ and inserting ‘‘and $4,116,000 for fiscal year
2012.’’.
(h) HIGH VISIBILITY ENFORCEMENT PROGRAM.—Section
2001(a)(8) of SAFETEA–LU (119 Stat. 1520) is amended by striking
‘‘for each of fiscal years 2006 through 2011’’ and all that follows
through the period at the end and inserting ‘‘for each of fiscal
years 2006 through 2012.’’.
(i) MOTORCYCLIST SAFETY.—Section 2001(a)(9) of SAFETEA–
LU (119 Stat. 1520) is amended by striking ‘‘$7,000,000 for each
of fiscal years 2009 through 2011’’ and all that follows through
the period at the end and inserting ‘‘and $7,000,000 for each of
fiscal years 2009 through 2012.’’.
(j) CHILD SAFETY AND CHILD BOOSTER SEAT SAFETY INCENTIVE
GRANTS.—Section 2001(a)(10) of SAFETEA–LU (119 Stat. 1520)
is amended by striking ‘‘$7,000,000 for each of fiscal years 2009
through 2011’’ and all that follows through the period at the end
and inserting ‘‘and $7,000,000 for each of fiscal years 2009 through
2012.’’.
(k) ADMINISTRATIVE EXPENSES.—Section 2001(a)(11) of
SAFETEA–LU (119 Stat. 1520) is amended by striking ‘‘$25,328,000
for fiscal year 2011’’ and all that follows through the period at
the end and inserting ‘‘and $25,328,000 for each of fiscal years
2011 and 2012.’’.
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SEC. 112002. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION PROGRAMS.
(a) FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
GRANTS.—Section 31104(a)(8) of title 49, United States Code, is
amended to read as follows:
‘‘(8) $212,000,000 for fiscal year 2012.’’.
(b) ADMINISTRATIVE EXPENSES.—
(1) IN GENERAL.—Section 31104(i)(1)(H) of title 49, United
States Code, is amended to read as follows:
‘‘(H) $244,144,000 for fiscal year 2012.’’.
(2) TECHNICAL CORRECTION.—Section 31104(i)(1)(F) of title
49, United States Code, is amended to read as follows:
‘‘(F) $239,828,000 for fiscal year 2010;’’.
(c) GRANT PROGRAMS.—Section 4101(c) of SAFETEA–LU (119
Stat. 1715) is amended—
(1) in paragraph (1) by striking ‘‘and $22,500,000 for the
period beginning on October 1, 2011, and ending on June 30,
2012.’’ and inserting ‘‘and $30,000,000 for fiscal year 2012.’’;
(2) in paragraph (2) by striking ‘‘2011 and $24,000,000
for the period beginning on October 1, 2011, and ending on
June 30, 2012.’’ and inserting ‘‘2012.’’;
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(3) in paragraph (3) by striking ‘‘2011 and $3,750,000 for
the period beginning on October 1, 2011, and ending on June
30, 2012.’’ and inserting ‘‘2012.’’;
(4) in paragraph (4) by striking ‘‘2011 and $18,750,000
for the period beginning on October 1, 2011, and ending on
June 30, 2012.’’ and inserting ‘‘2012.’’; and
(5) in paragraph (5) by striking ‘‘2011 and $2,250,000 for
the period beginning on October 1, 2011, and ending on June
30, 2012.’’ and inserting ‘‘2012.’’.
(d) NEW ENTRANT AUDITS.—Section 31144(g)(5)(B) of title 49,
United States Code, is amended by striking ‘‘and up to $21,750,000
for the period beginning on October 1, 2011, and ending on June
30, 2012,’’.
(e) OUTREACH AND EDUCATION.—Section 4127(e) of SAFETEA–
LU (119 Stat. 1741) is amended by striking ‘‘and 2011 (and $750,000
to the Federal Motor Carrier Safety Administration, and $2,250,000
to the National Highway Traffic Safety Administration, for the
period beginning on October 1, 2011, and ending on June 30,
2012)’’ and inserting ‘‘2011, and 2012’’.
(f) WORKING GROUP FOR DEVELOPMENT OF PRACTICES AND
PROCEDURES TO ENHANCE FEDERAL-STATE RELATIONS.—Section
4213(d) of SAFETEA–LU (49 U.S.C. 14710 note; 119 Stat. 1759)
is amended by striking ‘‘June 30, 2012’’ and inserting ‘‘September
30, 2012’’.
49 USC 31100
note.
SEC. 112003. ADDITIONAL PROGRAMS.
Section 7131(c) of SAFETEA–LU (119 Stat. 1910) is amended
by striking ‘‘and $870,000 for the period beginning on October
1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘and
$1,160,000 for fiscal year 2012’’.
TITLE III—PUBLIC TRANSPORTATION
PROGRAMS
SEC. 113001. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS.
Section 5305(g) of title 49, United States Code, is amended
by striking ‘‘2011 and for the period beginning on October 1, 2011,
and ending on June 30, 2012’’ and inserting ‘‘2012’’.
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SEC. 113002. SPECIAL RULE FOR URBANIZED AREA FORMULA GRANTS.
Section 5307(b)(2) of title 49, United States Code, is amended—
(1) by striking the paragraph heading and inserting ‘‘SPECIAL RULE FOR FISCAL YEARS 2005 THROUGH 2012.—’’ ;
(2) in subparagraph (A) by striking ‘‘2011 and the period
beginning on October 1, 2011, and ending on June 30, 2012,’’
and inserting ‘‘2012,’’; and
(3) in subparagraph (E)—
(A) by striking the subparagraph heading and inserting
‘‘MAXIMUM AMOUNTS IN FISCAL YEARS 2008 THROUGH 2012
.—’’; and
(B) in the matter preceding clause (i) by striking ‘‘2011
and during the period beginning on October 1, 2011, and
ending on June 30, 2012’’ and inserting ‘‘2012’’.
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SEC. 113003. ALLOCATING AMOUNTS FOR CAPITAL INVESTMENT
GRANTS.
Section 5309(m) of title 49, United States Code, is amended—
(1) in paragraph (2)—
(A) by striking the paragraph heading and inserting
‘‘FISCAL YEARS 2006 THROUGH 2012.—’’;
(B) in the matter preceding subparagraph (A) by
striking ‘‘2011 and the period beginning on October 1,
2011, and ending on June 30, 2012,’’ and inserting ‘‘2012’’;
and
(C) in subparagraph (A)(i) by striking ‘‘2011 and
$150,000,000 for the period beginning on October 1, 2011,
and ending on June 30, 2012,’’ and inserting ‘‘2012’’;
(2) in paragraph (6)—
(A) in subparagraph (B) by striking ‘‘2011 and
$11,250,000 shall be available for the period beginning
on October 1, 2011, and ending on June 30, 2012,’’ and
inserting ‘‘2012’’; and
(B) in subparagraph (C) by striking ‘‘though 2011 and
$3,750,000 shall be available for the period beginning on
October 1, 2011, and ending on June 30, 2012,’’ and
inserting ‘‘through 2012’’; and
(3) in paragraph (7)—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i)—
(I) in the first sentence by striking ‘‘2011 and
$7,500,000 shall be available for the period beginning on October 1, 2011, and ending on June 30,
2012,’’ and inserting ‘‘2012’’; and
(II) in the second sentence by inserting ‘‘each
fiscal year’’ before the colon;
(ii) in clause (i) by striking ‘‘for each fiscal year
and $1,875,000 for the period beginning on October
1, 2011, and ending on June 30, 2012,’’;
(iii) in clause (ii) by striking ‘‘for each fiscal year
and $1,875,000 for the period beginning on October
1, 2011, and ending on June 30, 2012,’’;
(iv) in clause (iii) by striking ‘‘for each fiscal year
and $750,000 for the period beginning on October 1,
2011, and ending on June 30, 2012,’’;
(v) in clause (iv) by striking ‘‘for each fiscal year
and $750,000 for the period beginning on October 1,
2011, and ending on June 30, 2012,’’;
(vi) in clause (v) by striking ‘‘for each fiscal year
and $750,000 for the period beginning on October 1,
2011, and ending on June 30, 2012,’’;
(vii) in clause (vi) by striking ‘‘for each fiscal year
and $750,000 for the period beginning on October 1,
2011, and ending on June 30, 2012,’’;
(viii) in clause (vii) by striking ‘‘for each fiscal
year and $487,500 for the period beginning on October
1, 2011, and ending on June 30, 2012,’’; and
(ix) in clause (viii) by striking ‘‘for each fiscal year
and $262,500 for the period beginning on October 1,
2011, and ending on June 30, 2012,’’;
(B) in subparagraph (B) by striking clause (vii) and
inserting the following:
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126 STAT. 985
‘‘(vii) $13,500,000 for fiscal year 2012.’’;
(C) in subparagraph (C) by striking ‘‘and during the
period beginning on October 1, 2011, and ending on June
30, 2012,’’;
(D) in subparagraph (D) by striking ‘‘and not less than
$26,250,000 shall be available for the period beginning
on October 1, 2011, and ending on June 30, 2012,’’; and
(E) in subparagraph (E) by striking ‘‘and $2,250,000
shall be available for the period beginning on October 1,
2011, and ending on June 30, 2012,’’.
SEC. 113004. APPORTIONMENT OF FORMULA GRANTS FOR OTHER
THAN URBANIZED AREAS.
Section 5311(c)(1)(G) of title 49, United States Code, is amended
to read as follows:
‘‘(G) $15,000,000 for fiscal year 2012.’’.
SEC. 113005. APPORTIONMENT BASED ON FIXED GUIDEWAY FACTORS.
Section 5337 of title 49, United States Code, is amended by
striking subsection (g).
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SEC. 113006. AUTHORIZATIONS FOR PUBLIC TRANSPORTATION.
Time periods.
(a) FORMULA AND BUS GRANTS.—Section 5338(b) of title 49,
United States Code, is amended—
(1) in paragraph (1) by striking subparagraph (G) and
inserting the following:
‘‘(G) $8,360,565,000 for fiscal year 2012.’’; and
(2) in paragraph (2)—
(A) in subparagraph (A) by striking ‘‘$113,500,000 for
each of fiscal years 2009 through 2011, and $85,125,000
for the period beginning on October 1, 2011, and ending
on June 30, 2012,’’ and inserting ‘‘and $113,500,000 for
each of fiscal years 2009 through 2012’’;
(B) in subparagraph (B) by striking ‘‘$4,160,365,000
for each of fiscal years 2009 through 2011, and
$3,120,273,750 for the period beginning on October 1, 2011,
and ending on June 30, 2012,’’ and inserting ‘‘and
$4,160,365,000 for each of fiscal years 2009 through 2012’’;
(C) in subparagraph (C) by striking ‘‘$51,500,000 for
each of fiscal years 2009 through 2011, and $38,625,000
for the period beginning on October 1, 2011, and ending
on June 30, 2012,’’ and inserting ‘‘and $51,500,000 for
each of fiscal years 2009 through 2012’’;
(D) in subparagraph (D) by striking ‘‘$1,666,500,000
for each of fiscal years 2009 through 2011, and
$1,249,875,000 for the period beginning on October 1, 2011,
and ending on June 30, 2012,’’ and inserting ‘‘and
$1,666,500,000 for each of fiscal years 2009 through 2012’’;
(E) in subparagraph (E) by striking ‘‘$984,000,000 for
each of fiscal years 2009 through 2011, and $738,000,000
for the period beginning on October 1, 2011, and ending
on June 30, 2012,’’ and inserting ‘‘and $984,000,000 for
each of fiscal years 2009 through 2012’’;
(F) in subparagraph (F) by striking ‘‘$133,500,000 for
each of fiscal years 2009 through 2011, and $100,125,000
for the period beginning on October 1, 2011, and ending
on June 30, 2012,’’ and inserting ‘‘and $133,500,000 for
each of fiscal years 2009 through 2012’’;
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126 STAT. 986
PUBLIC LAW 112–141—JULY 6, 2012
(G) in subparagraph (G) by striking ‘‘$465,000,000 for
each of fiscal years 2009 through 2011, and $348,750,000
for the period beginning on October 1, 2011, and ending
on June 30, 2012,’’ and inserting ‘‘and $465,000,000 for
each of fiscal years 2009 through 2012’’;
(H) in subparagraph (H) by striking ‘‘$164,500,000 for
each of fiscal years 2009 through 2011, and $123,375,000
for the period beginning on October 1, 2011, and ending
on June 30, 2012,’’ and inserting ‘‘and $164,500,000 for
each of fiscal years 2009 through 2012’’;
(I) in subparagraph (I) by striking ‘‘$92,500,000 for
each of fiscal years 2009 through 2011, and $69,375,000
for the period beginning on October 1, 2011, and ending
on June 30, 2012,’’ and inserting ‘‘and $92,500,000 for
each of fiscal years 2009 through 2012’’;
(J) in subparagraph (J) by striking ‘‘$26,900,000 for
each of fiscal years 2009 through 2011, and $20,175,000
for the period beginning on October 1, 2011, and ending
on June 30, 2012,’’ and inserting ‘‘and $26,900,000 for
each of fiscal years 2009 through 2012’’;
(K) in subparagraph (K) by striking ‘‘for each of fiscal
years 2006 through 2011 and $2,625,000 for the period
beginning on October 1, 2011, and ending on June 30,
2012,’’ and inserting ‘‘for each of fiscal years 2006 through
2012’’;
(L) in subparagraph (L) by striking ‘‘for each of fiscal
years 2006 through 2011 and $18,750,000 for the period
beginning on October 1, 2011, and ending on June 30,
2012,’’ and inserting ‘‘for each of fiscal years 2006 through
2012’’;
(M) in subparagraph (M) by striking ‘‘$465,000,000
for each of fiscal years 2009 through 2011, and
$348,750,000 for the period beginning on October 1, 2011,
and ending on June 30, 2012,’’ and inserting ‘‘and
$465,000,000 for each of fiscal years 2009 through 2012’’;
and
(N) in subparagraph (N) by striking ‘‘$8,800,000 for
each of fiscal years 2009 through 2011, and $6,600,000
for the period beginning on October 1, 2011, and ending
on June 30, 2012,’’ and inserting ‘‘and $8,800,000 for each
of fiscal years 2009 through 2012’’.
(b) CAPITAL INVESTMENT GRANTS.—Section 5338(c)(7) of title
49, United States Code, is amended to read as follows:
‘‘(7) $1,955,000,000 for fiscal year 2012.’’.
(c) RESEARCH AND UNIVERSITY RESEARCH CENTERS.—Section
5338(d) of title 49, United States Code, is amended—
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ‘‘through 2011, and $33,000,000 for the period
beginning on October 1, 2011, and ending on June 30, 2012,’’
and inserting ‘‘through 2011, and $44,000,000 for fiscal year
2012,’’; and
(2) by striking paragraph (3) and inserting the following:
‘‘(3) ADDITIONAL AUTHORIZATIONS.—
‘‘(A) RESEARCH.—Of amounts authorized to be appropriated under paragraph (1) for fiscal year 2012, the Secretary shall allocate for each of the activities and projects
described in subparagraphs (A) through (F) of paragraph
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(1) an amount equal to 63 percent of the amount allocated
for fiscal year 2009 under each such subparagraph.
‘‘(B) UNIVERSITY CENTERS PROGRAM.—
‘‘(i) FISCAL YEAR 2012.—Of the amounts allocated
under paragraph (1)(C) for the university centers program under section 5506 for fiscal year 2012, the Secretary shall allocate for each program described in
clauses (i) through (iii) and (v) through (viii) of paragraph (2)(A) an amount equal to 63 percent of the
amount allocated for fiscal year 2009 under each such
clause.
‘‘(ii) FUNDING.—If the Secretary determines that
a project or activity described in paragraph (2) received
sufficient funds in fiscal year 2011, or a previous fiscal
year, to carry out the purpose for which the project
or activity was authorized, the Secretary may not allocate any amounts under clause (i) for the project or
activity for fiscal year 2012 or any subsequent fiscal
year.’’.
(d) ADMINISTRATION.—Section 5338(e)(7) of title 49, United
States Code, is amended to read as follows:
‘‘(7) $98,713,000 for fiscal year 2012.’’.
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SEC. 113007. AMENDMENTS TO SAFETEA–LU.
(a) CONTRACTED PARATRANSIT PILOT.—Section 3009(i)(1) of
SAFETEA–LU (119 Stat. 1572) is amended by striking ‘‘2011 and
the period beginning on October 1, 2011, and ending on June
30, 2012,’’ and inserting ‘‘2012,’’.
(b) PUBLIC-PRIVATE PARTNERSHIP PILOT PROGRAM.—Section
3011 of SAFETEA–LU (49 U.S.C. 5309 note; 119 Stat. 1588) is
amended—
(1) in subsection (c)(5) by striking ‘‘2011 and the period
beginning on October 1, 2011, and ending on June 30, 2012’’
and inserting ‘‘2012’’; and
(2) in the second sentence of subsection (d) by striking
‘‘2011 and the period beginning on October 1, 2011, and ending
on June 30, 2012,’’ and inserting ‘‘2012’’.
(c) ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES
PILOT PROGRAM.—Section 3012(b)(8) of SAFETEA–LU (49 U.S.C.
5310 note; 119 Stat. 1593) is amended by striking ‘‘June 30, 2012’’
and inserting ‘‘September 30, 2012’’.
(d) OBLIGATION CEILING.—Section 3040(8) of SAFETEA–LU
(119 Stat. 1639) is amended to read as follows:
‘‘(8) $10,458,278,000 for fiscal year 2012, of which not more
than $8,360,565,000 shall be from the Mass Transit Account.’’.
(e) PROJECT AUTHORIZATIONS FOR NEW FIXED GUIDEWAY CAPITAL PROJECTS.—Section 3043 of SAFETEA–LU (119 Stat. 1640)
is amended—
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ‘‘2011 and the period beginning on October
1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘2012’’;
and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ‘‘2011 and the period beginning on October
1, 2011, and ending on June 30, 2012,’’ and inserting ‘‘2012’’.
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126 STAT. 988
PUBLIC LAW 112–141—JULY 6, 2012
(f) ALLOCATIONS FOR NATIONAL RESEARCH AND TECHNOLOGY
PROGRAMS.—Section 3046 of SAFETEA–LU (49 U.S.C. 5338 note;
119 Stat. 1706) is amended—
(1) in subsection (b) by striking ‘‘fiscal year or period’’
and inserting ‘‘fiscal year’’; and
(2) by striking subsection (c)(2) and inserting the following:
‘‘(2) for fiscal year 2012, in amounts equal to 63 percent
of the amounts allocated for fiscal year 2009 under each of
paragraphs (2), (3), (5), and (8) through (25) of subsection
(a).’’.
TITLE IV—EFFECTIVE DATE
49 USC 5305
note.
SEC. 114001. EFFECTIVE DATE.
This division and the amendments made by this division shall
take effect on July 1, 2012.
DIVISION H—BUDGETARY EFFECTS
SEC. 120001. BUDGETARY EFFECTS.
(a) PAYGO SCORECARD.—The budgetary effects of this Act shall
not be entered on either PAYGO scorecard maintained pursuant
to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) SENATE PAYGO SCORECARD.—The budgetary effects of this
Act shall not be recorded on any PAYGO scorecard maintained
for purposes of section 201 of S. Con. Res. 21 (110th Congress).
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Approved July 6, 2012.
LEGISLATIVE HISTORY—H.R. 4348 (S. 1813):
HOUSE REPORTS: No. 112–557 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 158 (2012):
Apr. 18, considered and passed House.
Apr. 24, considered and passed Senate, amended, in lieu of S. 1813.
June 29, House and Senate agreed to conference report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2012):
July 6, Presidential remarks.
Æ
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| File Type | application/pdf |
| File Title | PUBL141.PS |
| File Modified | 2012-10-18 |
| File Created | 2012-10-02 |