[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 22 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
November 5, 2015.
Resolved, That the House agree to the amendment of the Senate to
the title of the bill (H.R. 22) entitled ``An Act to amend the Internal
Revenue Code of 1986 to exempt employees with health coverage under
TRICARE or the Veterans Administration from being taken into account
for purposes of determining the employers to which the employer mandate
applies under the Patient Protection and Affordable Care Act.'' and be
it further
Resolved, That the House agree to the amendment of the Senate to
the text of the aforementioned bill, with the following
HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the
amendment of the Senate to the text of the bill, insert the
following:
DIVISION A--SURFACE TRANSPORTATION
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Surface
Transportation Reauthorization and Reform Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
DIVISION A--SURFACE TRANSPORTATION
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Effective date.
Sec. 4. References.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Definitions.
Sec. 1104. Apportionment.
Sec. 1105. National highway performance program.
Sec. 1106. Surface transportation block grant program.
Sec. 1107. Railway-highway grade crossings.
Sec. 1108. Highway safety improvement program.
Sec. 1109. Congestion mitigation and air quality improvement program.
Sec. 1110. National highway freight policy.
Sec. 1111. Nationally significant freight and highway projects.
Sec. 1112. Territorial and Puerto Rico highway program.
Sec. 1113. Federal lands and tribal transportation program.
Sec. 1114. Tribal transportation program.
Sec. 1115. Federal lands transportation program.
Sec. 1116. Tribal transportation self-governance program.
Sec. 1117. Emergency relief.
Sec. 1118. Highway use tax evasion projects.
Sec. 1119. Bundling of bridge projects.
Sec. 1120. Tribal High Priority Projects program.
Sec. 1121. Construction of ferry boats and ferry terminal facilities.
Subtitle B--Planning and Performance Management
Sec. 1201. Metropolitan transportation planning.
Sec. 1202. Statewide and nonmetropolitan transportation planning.
Subtitle C--Acceleration of Project Delivery
Sec. 1301. Satisfaction of requirements for certain historic sites.
Sec. 1302. Treatment of improvements to rail and transit under
preservation requirements.
Sec. 1303. Clarification of transportation environmental authorities.
Sec. 1304. Treatment of certain bridges under preservation
requirements.
Sec. 1305. Efficient environmental reviews for project decisionmaking.
Sec. 1306. Improving transparency in environmental reviews.
Sec. 1307. Integration of planning and environmental review.
Sec. 1308. Development of programmatic mitigation plans.
Sec. 1309. Delegation of authorities.
Sec. 1310. Categorical exclusion for projects of limited Federal
assistance.
Sec. 1311. Application of categorical exclusions for multimodal
projects.
Sec. 1312. Surface transportation project delivery program.
Sec. 1313. Program for eliminating duplication of environmental
reviews.
Sec. 1314. Assessment of progress on accelerating project delivery.
Sec. 1315. Improving State and Federal agency engagement in
environmental reviews.
Sec. 1316. Accelerated decisionmaking in environmental reviews.
Sec. 1317. Aligning Federal environmental reviews.
Subtitle D--Miscellaneous
Sec. 1401. Tolling; HOV facilities; Interstate reconstruction and
rehabilitation.
Sec. 1402. Prohibition on the use of funds for automated traffic
enforcement.
Sec. 1403. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
Sec. 1404. Highway Trust Fund transparency and accountability.
Sec. 1405. High priority corridors on National Highway System.
Sec. 1406. Flexibility for projects.
Sec. 1407. Productive and timely expenditure of funds.
Sec. 1408. Consolidation of programs.
Sec. 1409. Federal share payable.
Sec. 1410. Elimination or modification of certain reporting
requirements.
Sec. 1411. Technical corrections.
Sec. 1412. Safety for users.
Sec. 1413. Design standards.
Sec. 1414. Reserve fund.
Sec. 1415. Adjustments.
Sec. 1416. National electric vehicle charging, hydrogen, propane, and
natural gas fueling corridors.
Sec. 1417. Ferries.
Sec. 1418. Study on performance of bridges.
Sec. 1419. Relinquishment of park-and-ride lot facilities.
Sec. 1420. Pilot program.
Sec. 1421. Innovative project delivery examples.
Sec. 1422. Administrative provisions to encourage pollinator habitat
and forage on transportation rights-of-way.
Sec. 1423. Milk products.
Sec. 1424. Interstate weight limits for emergency vehicles.
Sec. 1425. Vehicle weight limitations--Interstate System.
Sec. 1426. New national goal, performance measure, and performance
target.
Sec. 1427. Service club, charitable association, or religious service
signs.
Sec. 1428. Work zone and guard rail safety training.
Sec. 1429. Motorcyclist advisory council.
Sec. 1430. Improvement of data collection on child occupants in vehicle
crashes.
Sec. 1431. Highway work zones.
Sec. 1432. Study on State procurement of culvert and storm sewer
materials.
Sec. 1433. Use of durable, resilient, and sustainable materials and
practices.
Sec. 1434. Strategy to address structurally deficient bridges.
Sec. 1435. Sense of Congress.
Sec. 1436. Identification of roadside highway safety hardware devices.
Sec. 1437. Use of modeling and simulation technology.
Sec. 1438. National Advisory Committee on Travel and Tourism
Infrastructure.
Sec. 1439. Regulation of motor carriers of property.
Sec. 1440. Emergency exemptions.
Sec. 1441. Program to assist veterans to acquire commercial driver's
licenses.
Sec. 1442. Operation of certain specialized vehicles on certain
highways in the State of Arkansas.
Sec. 1443. Projects for public safety relating to idling trains.
Sec. 1444. Exemptions from requirements for certain welding trucks used
in pipeline industry.
Sec. 1445. Waiver.
Sec. 1446. Federal authority.
TITLE II--INNOVATIVE PROJECT FINANCE
Sec. 2001. Transportation Infrastructure Finance and Innovation Act of
1998 amendments.
Sec. 2002. State infrastructure bank program.
Sec. 2003. Availability payment concession model.
Sec. 2004. Streamlined application process.
TITLE III--PUBLIC TRANSPORTATION
Sec. 3001. Short title.
Sec. 3002. Definitions.
Sec. 3003. Metropolitan and statewide transportation planning.
Sec. 3004. Urbanized area formula grants.
Sec. 3005. Fixed guideway capital investment grants.
Sec. 3006. Formula grants for enhanced mobility of seniors and
individuals with disabilities.
Sec. 3007. Formula grants for rural areas.
Sec. 3008. Public transportation innovation.
Sec. 3009. Technical assistance and workforce development.
Sec. 3010. Bicycle facilities.
Sec. 3011. General provisions.
Sec. 3012. Public transportation safety program.
Sec. 3013. Apportionments.
Sec. 3014. State of good repair grants.
Sec. 3015. Authorizations.
Sec. 3016. Bus and bus facility grants.
Sec. 3017. Obligation ceiling.
Sec. 3018. Innovative procurement.
Sec. 3019. Review of public transportation safety standards.
Sec. 3020. Study on evidentiary protection for public transportation
safety program information.
Sec. 3021. Mobility of seniors and individuals with disabilities.
Sec. 3022. Improved transit safety measures.
Sec. 3023. Paratransit system under FTA approved coordinated plan.
Sec. 3024. Report on potential of Internet of Things.
Sec. 3025. Report on parking safety.
Sec. 3026. Appointment of directors of the Washington Metropolitan Area
Transit Authority.
Sec. 3027. Effectiveness of public transportation changes and funding.
Sec. 3028. Increase support for Growing States.
TITLE IV--HIGHWAY SAFETY
Sec. 4001. Authorization of appropriations.
Sec. 4002. Highway safety programs.
Sec. 4003. Highway safety research and development.
Sec. 4004. High-visibility enforcement program.
Sec. 4005. National priority safety programs.
Sec. 4006. Prohibition on funds to check helmet usage or create related
checkpoints for a motorcycle driver or
passenger.
Sec. 4007. Marijuana-impaired driving.
Sec. 4008. National priority safety program grant eligibility.
Sec. 4009. Data collection.
Sec. 4010. Technical corrections.
TITLE V--MOTOR CARRIER SAFETY
Subtitle A--Motor Carrier Safety Grant Consolidation
Sec. 5101. Grants to States.
Sec. 5102. Performance and registration information systems management.
Sec. 5103. Authorization of appropriations.
Sec. 5104. Commercial driver's license program implementation.
Sec. 5105. Extension of Federal motor carrier safety programs for
fiscal year 2016.
Sec. 5106. Motor carrier safety assistance program allocation.
Sec. 5107. Maintenance of effort calculation.
Subtitle B--Federal Motor Carrier Safety Administration Reform
Part I--Regulatory Reform
Sec. 5201. Notice of cancellation of insurance.
Sec. 5202. Regulations.
Sec. 5203. Guidance.
Sec. 5204. Petitions.
Part II--Compliance, Safety, Accountability Reform
Sec. 5221. Correlation study.
Sec. 5222. Beyond compliance.
Sec. 5223. Data certification.
Sec. 5224. Interim hiring standard.
Subtitle C--Commercial Motor Vehicle Safety
Sec. 5301. Implementing safety requirements.
Sec. 5302. Windshield mounted safety technology.
Sec. 5303. Prioritizing statutory rulemakings.
Sec. 5304. Safety reporting system.
Sec. 5305. New entrant safety review program.
Sec. 5306. Ready mixed concrete trucks.
Subtitle D--Commercial Motor Vehicle Drivers
Sec. 5401. Opportunities for veterans.
Sec. 5402. Drug-free commercial drivers.
Sec. 5403. Certified medical examiners.
Sec. 5404. Graduated commercial driver's license pilot program.
Sec. 5405. Veterans expanded trucking opportunities.
Subtitle E--General Provisions
Sec. 5501. Minimum financial responsibility.
Sec. 5502. Delays in goods movement.
Sec. 5503. Report on motor carrier financial responsibility.
Sec. 5504. Emergency route working group.
Sec. 5505. Household goods consumer protection working group.
Sec. 5506. Technology improvements.
Sec. 5507. Notification regarding motor carrier registration.
Sec. 5508. Report on commercial driver's license skills test delays.
Sec. 5509. Covered farm vehicles.
Sec. 5510. Operators of hi-rail vehicles.
Sec. 5511. Electronic logging device requirements.
Sec. 5512. Technical corrections.
Sec. 5513. Automobile transporter.
Sec. 5514. Ready mix concrete delivery vehicles.
Sec. 5515. Safety study regarding double-decker motorcoaches.
Sec. 5516. Transportation of construction materials and equipment.
Sec. 5517. Commercial delivery of light- and medium-duty trailers.
Sec. 5518. GAO Review of school bus safety.
TITLE VI--INNOVATION
Sec. 6001. Short title.
Sec. 6002. Authorization of appropriations.
Sec. 6003. Advanced transportation and congestion management
technologies deployment.
Sec. 6004. Technology and innovation deployment program.
Sec. 6005. Intelligent transportation system goals.
Sec. 6006. Intelligent transportation system program report.
Sec. 6007. Intelligent transportation system national architecture and
standards.
Sec. 6008. Communication systems deployment report.
Sec. 6009. Infrastructure development.
Sec. 6010. Departmental research programs.
Sec. 6011. Research and Innovative Technology Administration.
Sec. 6012. Office of Intermodalism.
Sec. 6013. University transportation centers.
Sec. 6014. Bureau of Transportation Statistics.
Sec. 6015. Surface transportation system funding alternatives.
Sec. 6016. Future interstate study.
Sec. 6017. Highway efficiency.
Sec. 6018. Motorcycle safety.
Sec. 6019. Hazardous materials research and development.
Sec. 6020. Web-based training for emergency responders.
Sec. 6021. Transportation technology policy working group.
Sec. 6022. Collaboration and support.
Sec. 6023. Prize competitions.
Sec. 6024. GAO report.
Sec. 6025. Intelligent transportation system purposes.
Sec. 6026. Infrastructure integrity.
Sec. 6027. Transportation research and development 5-year strategic
plan.
Sec. 6028. Traffic congestion.
Sec. 6029. Rail safety.
Sec. 6030. Study and report on reducing the amount of vehicles owned by
certain Federal departments and increasing
the use of commercial ride-sharing by those
departments.
TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION
Sec. 7001. Short title.
Sec. 7002. Authorization of appropriations.
Sec. 7003. National emergency and disaster response.
Sec. 7004. Enhanced reporting.
Sec. 7005. Wetlines.
Sec. 7006. Improving publication of special permits and approvals.
Sec. 7007. GAO study on acceptance of classification examinations.
Sec. 7008. Improving the effectiveness of planning and training grants.
Sec. 7009. Motor carrier safety permits.
Sec. 7010. Thermal blankets.
Sec. 7011. Comprehensive oil spill response plans.
Sec. 7012. Information on high-hazard flammable trains.
Sec. 7013. Study and testing of electronically controlled pneumatic
brakes.
Sec. 7014. Study on the efficacy and implementation of the European
Train Control System.
Sec. 7015. Phase-out of all tank cars used to transport Class 3
flammable liquids.
Sec. 7016. Track safety: Vertical Track Deflection.
Sec. 7017. Minimum requirements for top fittings protection for class
DOT-117R tank cars.
Sec. 7018. Hazardous materials endorsement exemption.
Sec. 7019. Hazardous materials by rail liability study.
TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION
Sec. 8001. Multimodal freight transportation.
TITLE IX--NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU
Sec. 9001. National Surface Transportation and Innovative Finance
Bureau.
Sec. 9002. Council on Credit and Finance.
TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY
Sec. 10001. Allocations.
Sec. 10002. Recreational boating safety.
DIVISION B--COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF
2015
TITLE XXIV--HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A--Vehicle Safety
Sec. 24101. Authorization of appropriations.
Sec. 24102. Inspector General recommendations.
Sec. 24103. Improvements in availability of recall information.
Sec. 24104. Recall process.
Sec. 24105. Pilot grant program for State notification to consumers of
motor vehicle recall status.
Sec. 24106. Recall obligations under bankruptcy.
Sec. 24107. Dealer requirement to check for open recall.
Sec. 24108. Extension of time period for remedy of tire defects.
Sec. 24109. Rental car safety.
Sec. 24110. Increase in civil penalties for violations of motor vehicle
safety.
Sec. 24111. Electronic odometer disclosures.
Sec. 24112. Corporate responsibility for NHTSA reports.
Sec. 24113. Direct vehicle notification of recalls.
Sec. 24114. Unattended children warning.
Sec. 24115. Tire pressure monitoring system.
Sec. 24116. Availability of certain information on motor vehicle
equipment.
Subtitle B--Research and Development and Vehicle Electronics
Sec. 24201. Report on operations of the Council for Vehicle
Electronics, Vehicle Software, and Emerging
Technologies.
Sec. 24202. Cooperation with foreign governments.
Subtitle C--Miscellaneous Provisions
Part I--Driver Privacy Act of 2015
Sec. 24301. Short title.
Sec. 24302. Limitations on data retrieval from vehicle event data
recorders.
Sec. 24303. Vehicle event data recorder study.
Part II--Safety Through Informed Consumers Act of 2015
Sec. 24321. Short title.
Sec. 24322. Passenger motor vehicle information.
Part III--Tire Efficiency, Safety, and Registration Act of 2015
Sec. 24331. Short title.
Sec. 24332. Tire fuel efficiency minimum performance standards.
Sec. 24333. Tire registration by independent sellers.
Sec. 24334. Tire recall database.
Part IV--Alternative Fuel Vehicles
Sec. 24341. Regulation parity for electric and natural gas vehicles.
Subtitle D--Additional Motor Vehicle Provisions
Sec. 24401. Required reporting of NHTSA agenda.
Sec. 24402. Application of remedies for defects and noncompliance.
Sec. 24403. Retention of safety records by manufacturers.
Sec. 24404. Nonapplication of prohibitions relating to noncomplying
motor vehicles to vehicles used for testing
or evaluation.
Sec. 24405. Treatment of low-volume manufacturers.
Sec. 24406. No liability on the basis of NHTSA motor vehicle safety
guidelines.
DIVISION C--FINANCE
Sec. 30001. Short title.
TITLE XXXI--HIGHWAY TRUST FUND AND RELATED TAXES
Subtitle A--Extension of Trust Fund Expenditure Authority and Related
Taxes
Sec. 31101. Extension of trust fund expenditure authority.
Sec. 31102. Extension of highway-related taxes.
Subtitle B--Additional Transfers to Highway Trust Fund
Sec. 31201. Further additional transfers to trust fund.
Sec. 31202. Transfer to Highway Trust Fund of certain motor vehicle
safety penalties.
Sec. 31203. Appropriation from Leaking Underground Storage Tank Trust
Fund.
TITLE XXXII--OFFSETS
Subtitle A--Tax Provisions
Sec. 32101. Revocation or denial of passport in case of certain unpaid
taxes.
Sec. 32102. Reform of rules relating to qualified tax collection
contracts.
Sec. 32103. Special compliance personnel program.
Subtitle B--Fees and Receipts
Sec. 32201. Adjustment for inflation of fees for certain customs
services.
Sec. 32202. Elimination of surplus funds of Federal reserve banks.
Sec. 32203. Strategic Petroleum Reserve drawdown and sale.
Subtitle C--Outlays
Sec. 32301. Interest on overpayment.
DIVISION D--MISCELLANEOUS
TITLE XLI--FEDERAL PERMITTING IMPROVEMENT
Sec. 41001. Definitions.
Sec. 41002. Federal Permitting Improvement Council.
Sec. 41003. Permitting process improvement.
Sec. 41004. Interstate compacts.
Sec. 41005. Coordination of required reviews.
Sec. 41006. Delegated State permitting programs.
Sec. 41007. Litigation, judicial review, and savings provision.
Sec. 41008. Report to Congress.
Sec. 41009. Funding for governance, oversight, and processing of
environmental reviews and permits.
Sec. 41010. Application.
Sec. 41011. GAO Report.
TITLE XLII--ADDITIONAL PROVISIONS
Sec. 42001. Determination of certain spending and tax burdens by State.
Sec. 42002. GAO report on refunds to registered vendors of kerosene
used in noncommercial aviation.
TITLE XLIII--REQUIREMENTS REGARDING RULE MAKINGS
Sec. 43001. Requirements regarding rule makings.
DIVISION E--EXPORT-IMPORT BANK OF THE UNITED STATES
Sec. 50001. Short title.
TITLE LI--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY
Sec. 51001. Reduction in authorized amount of outstanding loans,
guarantees, and insurance.
Sec. 51002. Increase in loss reserves.
Sec. 51003. Review of fraud controls.
Sec. 51004. Office of Ethics.
Sec. 51005. Chief Risk Officer.
Sec. 51006. Risk Management Committee.
Sec. 51007. Independent audit of bank portfolio.
Sec. 51008. Pilot program for reinsurance.
TITLE LII--PROMOTION OF SMALL BUSINESS EXPORTS
Sec. 52001. Increase in small business lending requirements.
Sec. 52002. Report on programs for small and medium-sized businesses.
TITLE LIII--MODERNIZATION OF OPERATIONS
Sec. 53001. Electronic payments and documents.
Sec. 53002. Reauthorization of information technology updating.
TITLE LIV--GENERAL PROVISIONS
Sec. 54001. Extension of authority.
Sec. 54002. Certain updated loan terms and amounts.
TITLE LV--OTHER MATTERS
Sec. 55001. Prohibition on discrimination based on industry.
Sec. 55002. Negotiations to end export credit financing.
Sec. 55003. Study of financing for information and communications
technology systems.
DIVISION F--ENERGY SECURITY
Sec. 61001. Emergency preparedness for energy supply disruptions.
Sec. 61002. Resolving environmental and grid reliability conflicts.
Sec. 61003. Critical electric infrastructure security.
Sec. 61004. Strategic Transformer Reserve.
Sec. 61005. Energy security valuation.
DIVISION G--FINANCIAL SERVICES
TITLE LXXI--IMPROVING ACCESS TO CAPITAL FOR EMERGING GROWTH COMPANIES
Sec. 71001. Filing requirement for public filing prior to public
offering.
Sec. 71002. Grace period for change of status of emerging growth
companies.
Sec. 71003. Simplified disclosure requirements for emerging growth
companies.
TITLE LXXII--DISCLOSURE MODERNIZATION AND SIMPLIFICATION
Sec. 72001. Summary page for form 10-K.
Sec. 72002. Improvement of regulation S-K.
Sec. 72003. Study on modernization and simplification of regulation S-
K.
TITLE LXXIII--BULLION AND COLLECTIBLE COIN PRODUCTION EFFICIENCY AND
COST SAVINGS
Sec. 73001. Technical corrections.
Sec. 73002. American Eagle Silver Bullion 30th Anniversary.
TITLE LXXIV--SBIC ADVISERS RELIEF
Sec. 74001. Advisers of SBICs and venture capital funds.
Sec. 74002. Advisers of SBICs and private funds.
Sec. 74003. Relationship to State law.
TITLE LXXV--ELIMINATE PRIVACY NOTICE CONFUSION
Sec. 75001. Exception to annual privacy notice requirement under the
Gramm-Leach-Bliley Act.
TITLE LXXVI--REFORMING ACCESS FOR INVESTMENTS IN STARTUP ENTERPRISES
Sec. 76001. Exempted transactions.
TITLE LXXVII--PRESERVATION ENHANCEMENT AND SAVINGS OPPORTUNITY
Sec. 77001. Distributions and residual receipts.
Sec. 77002. Future refinancings.
Sec. 77003. Implementation.
TITLE LXXVIII--TENANT INCOME VERIFICATION RELIEF
Sec. 78001. Reviews of family incomes.
TITLE LXXIX--HOUSING ASSISTANCE EFFICIENCY
Sec. 79001. Authority to administer rental assistance.
Sec. 79002. Reallocation of funds.
TITLE LXXX--CHILD SUPPORT ASSISTANCE
Sec. 80001. Requests for consumer reports by State or local child
support enforcement agencies.
TITLE LXXXI--PRIVATE INVESTMENT IN HOUSING
Sec. 81001. Budget-neutral demonstration program for energy and water
conservation improvements at multifamily
residential units.
TITLE LXXXII--CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL INSTITUTIONS
Sec. 82001. Privately insured credit unions authorized to become
members of a Federal home loan bank.
Sec. 82002. GAO Report.
TITLE LXXXIII--SMALL BANK EXAM CYCLE REFORM
Sec. 83001. Smaller institutions qualifying for 18-month examination
cycle.
TITLE LXXXIV--SMALL COMPANY SIMPLE REGISTRATION
Sec. 84001. Forward incorporation by reference for Form S-1.
TITLE LXXXV--HOLDING COMPANY REGISTRATION THRESHOLD EQUALIZATION
Sec. 85001. Registration threshold for savings and loan holding
companies.
SEC. 2. DEFINITIONS.
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.
SEC. 3. EFFECTIVE DATE.
Except as otherwise provided, this Act, including the amendments
made by this Act, takes effect on October 1, 2015.
SEC. 4. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in this division shall be treated as referring only to
the provisions of this division.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 1101. 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):
(1) Federal-aid highway program.--For the national highway
performance program under section 119 of title 23, United
States Code, the surface transportation block grant 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) $38,419,500,000 for fiscal year 2016;
(B) $39,113,500,000 for fiscal year 2017;
(C) $39,927,500,000 for fiscal year 2018;
(D) $40,764,000,000 for fiscal year 2019;
(E) $41,623,000,000 for fiscal year 2020; and
(F) $42,483,000,000 for fiscal year 2021.
(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, $200,000,000 for each of
fiscal years 2016 through 2021.
(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--
(i) $465,000,000 for fiscal year 2016;
(ii) $475,000,000 for fiscal year 2017;
(iii) $485,000,000 for fiscal year 2018;
(iv) $490,000,000 for fiscal year 2019;
(v) $495,000,000 for fiscal year 2020; and
(vi) $500,000,000 for fiscal year 2021.
(B) Federal lands transportation program.--
(i) In general.--For the Federal lands
transportation program under section 203 of
title 23, United States Code--
(I) $325,000,000 for fiscal year
2016;
(II) $335,000,000 for fiscal year
2017;
(III) $345,000,000 for fiscal year
2018;
(IV) $350,000,000 for fiscal year
2019;
(V) $375,000,000 for fiscal year
2020; and
(VI) $400,000,000 for fiscal year
2021.
(ii) Allocation.--Of the amount made
available for a fiscal year under clause (i)--
(I) the amount for the National
Park Service is--
(aa) $260,000,000 for
fiscal year 2016;
(bb) $268,000,000 for
fiscal year 2017;
(cc) $276,000,000 for
fiscal year 2018;
(dd) $280,000,000 for
fiscal year 2019;
(ee) $300,000,000 for
fiscal year 2020; and
(ff) $320,000,000 for
fiscal year 2021;
(II) the amount for the United
States Fish and Wildlife Service is
$30,000,000 for each of fiscal years
2016 through 2021; and
(III) the amount for the United
States Forest Service is--
(aa) $15,000,000 for fiscal
year 2016;
(bb) $16,000,000 for fiscal
year 2017;
(cc) $17,000,000 for fiscal
year 2018;
(dd) $18,000,000 for fiscal
year 2019;
(ee) $19,000,000 for fiscal
year 2020; and
(ff) $20,000,000 for fiscal
year 2021.
(C) Federal lands access program.--For the Federal
lands access program under section 204 of title 23,
United States Code--
(i) $250,000,000 for fiscal year 2016;
(ii) $255,000,000 for fiscal year 2017;
(iii) $260,000,000 for fiscal year 2018;
(iv) $265,000,000 for fiscal year 2019;
(v) $270,000,000 for fiscal year 2020; and
(vi) $275,000,000 for fiscal year 2021.
(4) Territorial and puerto rico highway program.--For the
territorial and Puerto Rico highway program under section 165
of title 23, United States Code, $200,000,000 for each of
fiscal years 2016 through 2021.
(5) Nationally significant freight and highway projects.--
For nationally significant freight and highway projects under
section 117 of title 23, United States Code--
(A) $725,000,000 for fiscal year 2016;
(B) $735,000,000 for fiscal year 2017; and
(C) $750,000,000 for each of fiscal years 2018
through 2021.
(b) Disadvantaged Business Enterprises.--
(1) Findings.--Congress finds that--
(A) while significant progress has occurred due to
the establishment of the disadvantaged business
enterprise 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 $23,980,000, 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
titles I, II, III, and VI 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.
(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 (3) 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 titles I, II, III, and VI 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 (3) because a Federal court issues a
final order in which the court finds that a requirement or the
implementation of paragraph (3) is unconstitutional.
(8) Sense of congress on prompt payment of dbe
subcontractors.--It is the sense of Congress that--
(A) the Secretary should take additional steps to
ensure that recipients comply with section 26.29 of
title 49, Code of Federal Regulations (the
disadvantaged business enterprises prompt payment
rule), or any corresponding regulation, in awarding
federally funded transportation contracts under laws
and regulations administered by the Secretary; and
(B) such additional steps should include increasing
the Department's ability to track and keep records of
complaints and to make that information publicly
available.
SEC. 1102. OBLIGATION CEILING.
(a) General Limitation.--Subject to subsection (e), and
notwithstanding any other provision of law, the obligations for
Federal-aid highway and highway safety construction programs shall not
exceed--
(1) $40,867,000,000 for fiscal year 2016;
(2) $41,599,000,000 for fiscal year 2017;
(3) $42,453,000,000 for fiscal year 2018;
(4) $43,307,000,000 for fiscal year 2019;
(5) $44,201,000,000 for fiscal year 2020; and
(6) $45,096,000,000 for fiscal year 2021.
(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 (as in
effect for fiscal years 2005 through 2012, but 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;
(12) section 119 of title 23, United States Code (as in
effect for fiscal years 2013 through 2015, but only in an
amount equal to $639,000,000 for each of those fiscal years);
and
(13) section 119 of title 23, United States Code (but, for
fiscal years 2016 through 2021, 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
2016 through 2021, 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
section 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--
(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 (12) 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)(13) 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)(13) and the amounts
apportioned under sections 202 and 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 2016 through 2021--
(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
MAP-21 (Public Law 112-141)) 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 to
contract authority for transportation research programs carried
out under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI 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 2016 through 2021, 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(b) of title 23, United States Code.
SEC. 1103. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended--
(1) by striking paragraph (29);
(2) by redesignating paragraphs (15) through (28) as
paragraphs (16) through (29), respectively; and
(3) by inserting after paragraph (14) the following:
``(15) National highway freight network.--The term
`National Highway Freight Network' means the National Highway
Freight Network established under section 167.''.
SEC. 1104. APPORTIONMENT.
(a) Administrative Expenses.--Section 104(a)(1) of title 23, United
States Code, is amended to read as follows:
``(1) In general.--There is 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
$440,000,000 for each of fiscal years 2016 through 2021.''.
(b) Division Among Programs of State's Share of Base
Apportionment.--Section 104(b) of title 23, United States Code, is
amended--
(1) in the subsection heading by striking ``Division of
State Apportionments Among Programs'' and inserting ``Division
Among Programs of State's Share of Base Apportionment'';
(2) in the matter preceding paragraph (1)--
(A) by inserting ``of the base apportionment''
after ``the amount''; and
(B) by striking ``surface transportation program''
and inserting ``surface transportation block grant
program'';
(3) in paragraph (2)--
(A) in the paragraph heading by striking ``Surface
transportation program'' and inserting ``Surface
transportation block grant program''; and
(B) by striking ``surface transportation program''
and inserting ``surface transportation block grant
program''; and
(4) in each of paragraphs (4) and (5), in the matter
preceding subparagraph (A), by inserting ``of the base
apportionment'' after ``the amount''.
(c) Calculation of State Amounts.--Section 104(c) of title 23,
United States Code, is amended to read as follows:
``(c) Calculation of Amounts.--
``(1) State share.--For each of fiscal years 2016 through
2021, the amount for each State shall be determined as follows:
``(A) Initial amounts.--The initial amounts for
each State shall be determined by multiplying--
``(i) each of--
``(I) the base apportionment;
``(II) supplemental funds reserved
under subsection (h)(1) for the
national highway performance program;
and
``(III) supplemental funds reserved
under subsection (h)(2) for the surface
transportation block grant program; by
``(ii) 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
2015; bears to
``(II) the amount of those
apportionments received by all States
for that fiscal year.
``(B) Adjustments to amounts.--The initial amounts
resulting from the calculation under subparagraph (A)
shall be adjusted to ensure that each State receives an
aggregate apportionment equal to at least 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.
``(2) State apportionment.--On October 1 of fiscal years
2016 through 2021, the Secretary shall apportion the sums
authorized to be appropriated for expenditure on the national
highway performance program under section 119, the surface
transportation block grant 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
paragraph (1).''.
(d) Supplemental Funds.--Section 104 of title 23, United States
Code, is amended by adding at the end the following:
``(h) Supplemental Funds.--
``(1) Supplemental funds for national highway performance
program.--
``(A) Amount.--Before making an apportionment for a
fiscal year under subsection (c), the Secretary shall
reserve for the national highway performance program
under section 119 for that fiscal year an amount equal
to--
``(i) $53,596,122 for fiscal year 2019;
``(ii) $66,717,816 for fiscal year 2020;
and
``(iii) $79,847,397 for fiscal year 2021.
``(B) Treatment of funds.--Funds reserved under
subparagraph (A) and apportioned to a State under
subsection (c) shall be treated as if apportioned under
subsection (b)(1), and shall be in addition to amounts
apportioned under that subsection.
``(2) Supplemental funds for surface transportation block
grant program.--
``(A) Amount.--Before making an apportionment for a
fiscal year under subsection (c), the Secretary shall
reserve for the surface transportation block grant
program under section 133 for that fiscal year an
amount equal to $819,900,000 pursuant to section
133(h), plus--
``(i) $70,526,310 for fiscal year 2016;
``(ii) $104,389,904 for fiscal year 2017;
``(iii) $148,113,536 for fiscal year 2018;
``(iv) $160,788,367 for fiscal year 2019;
``(v) $200,153,448 for fiscal year 2020;
and
``(vi) $239,542,191 for fiscal year 2021.
``(B) Treatment of funds.--Funds reserved under
subparagraph (A) and apportioned to a State under
subsection (c) shall be treated as if apportioned under
subsection (b)(2), and shall be in addition to amounts
apportioned under that subsection.
``(i) Base Apportionment Defined.--In this section, the term `base
apportionment' means--
``(1) the combined amount authorized for appropriation for
the national highway performance program under section 119, the
surface transportation block grant 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; minus
``(2) supplemental funds reserved under subsection (h) for
the national highway performance program and the surface
transportation block grant program.''.
SEC. 1105. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
Section 119 of title 23, United States Code, is amended--
(1) in subsection (e)(7)--
(A) by striking ``this paragraph'' and inserting
``section 150(e)''; and
(B) by inserting ``under section 150(e)'' after
``the next report submitted''; and
(2) by adding at the end the following:
``(h) TIFIA Program.--Upon Secretarial approval of credit
assistance under chapter 6, the Secretary, at the request of a State,
may allow the State to use funds apportioned under section 104(b)(1) to
pay subsidy and administrative costs necessary to provide an eligible
entity Federal credit assistance under chapter 6 with respect to a
project eligible for assistance under this section.
``(i) Additional Funding Eligibility for Certain Bridges.--
``(1) In general.--Funds apportioned to a State to carry
out the national highway performance program may be obligated
for a project for the reconstruction, resurfacing, restoration,
rehabilitation, or preservation of a bridge not on the National
Highway System, if the bridge is on a Federal-aid highway.
``(2) Limitation.--A State required to make obligations
under subsection (f) shall ensure such requirements are
satisfied in order to use the flexibility under paragraph
(1).''.
SEC. 1106. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.
(a) Findings.--Congress finds that--
(1) the benefits of the surface transportation block grant
program accrue principally to the residents of each State and
municipality where the funds are obligated;
(2) decisions about how funds should be obligated are best
determined by the States and municipalities to respond to
unique local circumstances and implement the most efficient
solutions; and
(3) reforms of the program to promote flexibility will
enhance State and local control over transportation decisions.
(b) Surface Transportation Block Grant Program.--Section 133 of
title 23, United States Code, is amended--
(1) by striking subsections (a), (b), (c), and (d) and
inserting the following:
``(a) Establishment.--The Secretary shall establish a surface
transportation block grant program in accordance with this section to
provide flexible funding to address State and local transportation
needs.
``(b) Eligible Projects.--Funds apportioned to a State under
section 104(b)(2) for the surface transportation block grant program
may be obligated for the following:
``(1) Construction of--
``(A) highways, bridges, tunnels, including
designated routes of the Appalachian development
highway system and local access roads under section
14501 of title 40;
``(B) ferry boats and terminal facilities eligible
for funding under section 129(c);
``(C) transit capital projects eligible for
assistance under chapter 53 of title 49;
``(D) infrastructure-based intelligent
transportation systems capital improvements;
``(E) truck parking facilities eligible for funding
under section 1401 of MAP-21 (23 U.S.C. 137 note); and
``(F) border infrastructure projects eligible for
funding under section 1303 of SAFETEA-LU (23 U.S.C. 101
note).
``(2) Operational improvements and capital and operating
costs for traffic monitoring, management, and control
facilities and programs.
``(3) Environmental measures eligible under sections
119(g), 328, and 329 and transportation control measures listed
in section 108(f)(1)(A) (other than clause (xvi) of that
section) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)).
``(4) Highway and transit safety infrastructure
improvements and programs, including railway-highway grade
crossings.
``(5) Fringe and corridor parking facilities and programs
in accordance with section 137 and carpool projects in
accordance with section 146.
``(6) Recreational trails projects eligible for funding
under section 206, pedestrian and bicycle projects in
accordance with section 217 (including modifications to comply
with accessibility requirements under the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)), and the
safe routes to school program under section 1404 of SAFETEA-LU
(23 U.S.C. 402 note).
``(7) Planning, design, or construction of boulevards and
other roadways largely in the right-of-way of former Interstate
System routes or other divided highways.
``(8) Development and implementation of a State asset
management plan for the National Highway System and a
performance-based management program for other public roads.
``(9) Protection (including painting, scour
countermeasures, seismic retrofits, impact protection measures,
security countermeasures, and protection against extreme
events) for bridges (including approaches to bridges and other
elevated structures) and tunnels on public roads, and
inspection and evaluation of bridges and tunnels and other
highway assets.
``(10) Surface transportation planning programs, highway
and transit research and development and technology transfer
programs, and workforce development, training, and education
under chapter 5 of this title.
``(11) Surface transportation infrastructure modifications
to facilitate direct intermodal interchange, transfer, and
access into and out of a port terminal.
``(12) Projects and strategies designed to support
congestion pricing, including electronic toll collection and
travel demand management strategies and programs.
``(13) At the request of a State, and upon Secretarial
approval of credit assistance under chapter 6, subsidy and
administrative costs necessary to provide an eligible entity
Federal credit assistance under chapter 6 with respect to a
project eligible for assistance under this section.
``(14) The creation and operation by a State of an office
to assist in the design, implementation, and oversight of
public-private partnerships eligible to receive funding under
this title and chapter 53 of title 49, and the payment of a
stipend to unsuccessful private bidders to offset their
proposal development costs, if necessary to encourage robust
competition in public-private partnership procurements.
``(15) Any type of project eligible under this section as
in effect on the day before the date of enactment of the
Surface Transportation Reauthorization and Reform Act of 2015,
including projects described under section 101(a)(29) as in
effect on such day.
``(c) Location of Projects.--A surface transportation block grant
project may not be undertaken on a road functionally classified as a
local road or a rural minor collector unless the road was on a Federal-
aid highway system on January 1, 1991, except--
``(1) for a bridge or tunnel project (other than the
construction of a new bridge or tunnel at a new location);
``(2) for a project described in paragraphs (4) through
(11) of subsection (b);
``(3) for a project described in section 101(a)(29), as in
effect on the day before the date of enactment of the Surface
Transportation Reauthorization and Reform Act of 2015; and
``(4) as approved by the Secretary.
``(d) Allocations of Apportioned Funds to Areas Based on
Population.--
``(1) Calculation.--Of the funds apportioned to a State
under section 104(b)(2) (after the reservation of funds under
subsection (h))--
``(A) the percentage specified in paragraph (6) 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) the remainder 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)(iii), 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 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.
``(6) Percentage.--The percentage referred to in paragraph
(1)(A) is--
``(A) for fiscal year 2016, 51 percent;
``(B) for fiscal year 2017, 52 percent;
``(C) for fiscal year 2018, 53 percent;
``(D) for fiscal year 2019, 54 percent;
``(E) for fiscal year 2020, 55 percent; and
``(F) for fiscal year 2021, 55 percent.'';
(2) by striking the section heading and inserting ``Surface
transportation block grant program'';
(3) by striking subsection (e);
(4) by redesignating subsections (f) through (h) as
subsections (e) through (g), respectively;
(5) in subsection (e)(1), as redesignated by this
subsection--
(A) by striking ``104(b)(3)'' and inserting
``104(b)(2)''; and
(B) by striking ``fiscal years 2011 through 2014''
and inserting ``fiscal years 2016 through 2021'';
(6) in subsection (g)(1), as redesignated by this
subsection, by striking ``under subsection (d)(1)(A)(iii) for
each of fiscal years 2013 through 2014'' and inserting ``under
subsection (d)(1)(A)(ii) for each of fiscal years 2016 through
2021''; and
(7) by adding at the end the following:
``(h) STP Set-Aside.--
``(1) Reservation of funds.--Of the funds apportioned to a
State under section 104(b)(2) for each fiscal year, the
Secretary shall reserve an amount such that--
``(A) the Secretary reserves a total of
$819,900,000 under this subsection; and
``(B) the State's share of that total is determined
by multiplying the amount under subparagraph (A) by the
ratio that--
``(i) 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 MAP-21; bears to
``(ii) the total amount of funds
apportioned to all States for the
transportation enhancements program for fiscal
year 2009.
``(2) Allocation within a state.--Funds reserved for a
State under paragraph (1) shall be obligated within that State
in the manner described in subsection (d), except that, for
purposes of this paragraph (after funds are made available
under paragraph (5))--
``(A) for each fiscal year, the percentage referred
to in paragraph (1)(A) of that subsection shall be
deemed to be 50 percent; and
``(B) the following provisions shall not apply:
``(i) Paragraph (3) of subsection (d).
``(ii) Subsection (e).
``(3) Eligible projects.--Funds reserved under this
subsection may be obligated for projects or activities
described in section 101(a)(29) or 213, as such provisions were
in effect on the day before the date of enactment of the
Surface Transportation Reauthorization and Reform Act of 2015.
``(4) Access to funds.--
``(A) In general.--A State or metropolitan planning
organization required to obligate funds in accordance
with paragraph (2) shall develop a competitive process
to allow eligible entities to submit projects for
funding that achieve the objectives of this subsection.
A metropolitan planning organization for an area
described in subsection (d)(1)(A)(i) shall select
projects under such process in consultation with the
relevant State.
``(B) Eligible entity defined.--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) Continuation of certain recreational trails
projects.--For each fiscal year, a State shall--
``(A) 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), as in effect on the day before the
date of enactment of MAP-21, for projects relating to
recreational trails under section 206;
``(B) return 1 percent of those funds to the
Secretary for the administration of that program; and
``(C) comply with the provisions of the
administration of the recreational trails program under
section 206, including the use of apportioned funds
described in subsection (d)(3)(A) of that section.
``(6) State flexibility.--
``(A) Recreational trails.--A State may opt out of
the recreational trails program under paragraph (5) if
the Governor of the State notifies the Secretary not
later than 30 days prior to apportionments being made
for any fiscal year.
``(B) Large urbanized areas.--A metropolitan
planning area may use not to exceed 50 percent of the
funds reserved under this subsection for an urbanized
area described in subsection (d)(1)(A)(i) for any
purpose eligible under subsection (b).
``(i) Treatment of Projects.--Notwithstanding any other provision
of law, projects funded under this section (excluding those carried out
under subsection (h)(5)) shall be treated as projects on a Federal-aid
highway under this chapter.''.
(c) Technical and Conforming Amendments.--
(1) Section 126.--Section 126(b)(2) of title 23, United
States Code, is amended--
(A) by striking ``section 213'' and inserting
``section 133(h)''; and
(B) by striking ``section 213(c)(1)(B)'' and
inserting ``section 133(h)''.
(2) Section 213.--Section 213 of title 23, United States
Code, is repealed.
(3) Section 322.--Section 322(h)(3) of title 23, United
States Code, is amended by striking ``surface transportation
program'' and inserting ``surface transportation block grant
program''.
(4) Section 504.--Section 504(a)(4) of title 23, United
States Code, is amended--
(A) by striking ``104(b)(3)'' and inserting
``104(b)(2)''; and
(B) by striking ``surface transportation program''
and inserting ``surface transportation block grant
program''.
(5) Chapter 1.--Chapter 1 of title 23, United States Code,
is amended by striking ``surface transportation program'' each
place it appears and inserting ``surface transportation block
grant program''.
(6) Chapter analyses.--
(A) Chapter 1.--The analysis for chapter 1 of title
23, United States Code, is amended by striking the item
relating to section 133 and inserting the following:
``133. Surface transportation block grant program.''.
(B) Chapter 2.--The item relating to section 213 in
the analysis for chapter 2 of title 23, United States
Code, is repealed.
(7) Other references.--Any reference in any other law,
regulation, document, paper, or other record of the United
States to the surface transportation program under section 133
of title 23, United States Code, shall be deemed to be a
reference to the surface transportation block grant program
under such section.
SEC. 1107. RAILWAY-HIGHWAY GRADE CROSSINGS.
Section 130(e)(1) of title 23, United States Code, is amended to
read as follows:
``(1) In general.--
``(A) Set aside.--Before making an apportionment
under section 104(b)(3) for a fiscal year, the
Secretary shall set aside, from amounts made available
to carry out the highway safety improvement program
under section 148 for such fiscal year, for the
elimination of hazards and the installation of
protective devices at railway-highway crossings at
least--
``(i) $225,000,000 for fiscal year 2016;
``(ii) $230,000,000 for fiscal year 2017;
``(iii) $235,000,000 for fiscal year 2018;
``(iv) $240,000,000 for fiscal year 2019;
``(v) $245,000,000 for fiscal year 2020;
and
``(vi) $250,000,000 for fiscal year 2021.
``(B) Installation of protective devices.--At least
\1/2\ of the funds set aside each fiscal year under
subparagraph (A) shall be available for the
installation of protective devices at railway-highway
crossings.
``(C) Obligation availability.--Sums set aside each
fiscal year under subparagraph (A) shall be available
for obligation in the same manner as funds apportioned
under section 104(b)(1) of this title.''.
SEC. 1108. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) Definitions.--
(1) In general.--Section 148(a) of title 23, United States
Code, is amended--
(A) in paragraph (4)(B)--
(i) in the matter preceding clause (i), by
striking ``includes, but is not limited to,''
and inserting ``only includes''; and
(ii) by adding at the end the following:
``(xxv) Installation of vehicle-to-
infrastructure communication equipment.
``(xxvi) Pedestrian hybrid beacons.
``(xxvii) Roadway improvements that provide
separation between pedestrians and motor
vehicles, including medians and pedestrian
crossing islands.
``(xxviii) A physical infrastructure safety
project not described in clauses (i) through
(xxvii).'';
(B) by striking paragraph (10); and
(C) by redesignating paragraphs (11) through (13)
as paragraphs (10) through (12), respectively.
(2) Conforming amendments.--Section 148 of title 23, United
States Code, is amended--
(A) in subsection (c)(1)(A) by striking
``subsections (a)(12)'' and inserting ``subsections
(a)(11)''; and
(B) in subsection (d)(2)(B)(i) by striking
``subsection (a)(12)'' and inserting ``subsection
(a)(11)''.
(b) Data Collection.--Section 148(f) of title 23, United States
Code, is amended by adding at the end the following:
``(3) Process.--The Secretary shall establish a process to
allow a State to cease to collect the subset referred to in
paragraph (2)(A) for public roads that are gravel roads or
otherwise unpaved if--
``(A) the State does not use funds provided to
carry out this section for a project on such roads
until the State completes a collection of the required
model inventory of roadway elements for the roads; and
``(B) the State demonstrates that the State
consulted with affected Indian tribes before ceasing to
collect data with respect to such roads that are
included in the National Tribal Transportation Facility
Inventory.
``(4) Rule of construction.--Nothing in paragraph (3) may
be construed to allow a State to cease data collection related
to serious injuries or fatalities.''.
(c) Rural Road Safety.--Section 148(g)(1) of title 23, United
States Code, is amended--
(1) by striking ``If the fatality rate'' and inserting the
following:
``(A) In general.--If the fatality rate''; and
(2) by adding at the end the following:
``(B) Fatalities exceeding the median rate.--If the
fatality rate on rural roads in a State, for the most
recent 2-year period for which data is available, is
more than the median fatality rate for rural roads
among all States for such 2-year period, the State
shall be required to demonstrate, in the subsequent
State strategic highway safety plan of the State,
strategies to address fatalities and achieve safety
improvements on high risk rural roads.''.
(d) Commercial Motor Vehicle Safety Best Practices.--
(1) Review.--The Secretary shall conduct a review of best
practices with respect to the implementation of roadway safety
infrastructure improvements that--
(A) are cost effective; and
(B) reduce the number or severity of accidents
involving commercial motor vehicles.
(2) Consultation.--In conducting the review under paragraph
(1), the Secretary shall consult with State transportation
departments and units of local government.
(3) Report.--Not later than 1 year 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, and make available on the public Internet
Web site of the Department, a report describing the results of
the review conducted under paragraph (1).
SEC. 1109. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
(a) Eligible Projects.--Section 149(b) of title 23, United States
Code, is amended--
(1) in paragraph (7) by striking ``or'' at the end;
(2) in paragraph (8) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(9) if the project or program is for the installation of
vehicle-to-infrastructure communication equipment.''.
(b) States Flexibility.--Section 149(d) of title 23, United States
Code, is amended to read as follows:
``(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) if the project were carried out in a nonattainment
or maintenance area; or
``(B) is eligible under the surface transportation
block grant 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 would otherwise be
eligible under subsection (b) if the project were
carried out in a nonattainment or maintenance area or
is eligible under the surface transportation block
grant 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 amounts
reserved for obligation under subsection
(k)(1)); 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 under section 133,
as in effect on the day before the date of
enactment of the MAP-21; 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,
in a manner consistent with the approach that was in effect on
the day before the date of enactment of MAP-21, the amount such
State is permitted to obligate in any area of the State for
projects eligible under section 133.''.
(c) Priority Consideration.--Section 149(g)(3) of title 23, United
States Code, is amended to read as follows:
``(3) Priority consideration.--
``(A) In general.--In distributing funds received
for congestion mitigation and air quality projects and
programs from apportionments under section 104(b)(4) in
areas designated as nonattainment or maintenance for
PM2.5 under the Clean Air Act (42 U.S.C. 7401 et seq.)
and where regional motor vehicle emissions are not an
insignificant contributor to the air quality problem
for PM2.5, States and metropolitan planning
organizations shall give priority to projects,
including diesel retrofits or alternative fuel
vehicles, that are proven to reduce direct or indirect
emissions of PM2.5.
``(B) Use of funding.--To the maximum extent
practicable, funding used in an area described in
subparagraph (A) shall be used on the most cost-
effective projects and programs that are proven to
reduce directly or indirectly emitted fine particulate
matter.''.
(d) Priority for Use of Funds in PM2.5 Areas.--Section 149(k) of
title 23, United States Code, is amended--
(1) in paragraph (1) by striking ``such fine particulate''
and inserting ``directly emitted fine particulate''; and
(2) by adding at the end the following:
``(3) PM2.5 nonattainment and maintenance in low population
density states.--
``(A) Exception.--For any State with a population
density of 80 or fewer persons per square mile of land
area, based on the most recent decennial census,
subsection (g)(3) and paragraphs (1) and (2) of this
subsection do not apply to a nonattainment or
maintenance area in the State if--
``(i) the nonattainment or maintenance area
does not have projects that are part of the
emissions analysis of a metropolitan
transportation plan or transportation
improvement program; and
``(ii) regional motor vehicle emissions are
an insignificant contributor to the air quality
problem for PM2.5 in the nonattainment or
maintenance area.
``(B) Calculation.--If subparagraph (A) applies to
a nonattainment or maintenance area in a State, the
percentage of the PM2.5 set aside under paragraph (1)
shall be reduced for that State proportionately based
on the weighted population of the area in fine
particulate matter nonattainment.''.
(e) Performance Plan.--Section 149(l)(1)(B) of title 23, United
States Code, is amended by inserting ``emission and congestion
reduction'' after ``achieving the''.
SEC. 1110. NATIONAL HIGHWAY FREIGHT POLICY.
(a) In General.--Section 167 of title 23, United States Code, is
amended to read as follows:
``Sec. 167. National highway freight policy
``(a) In General.--It is the policy of the United States to improve
the condition and performance of the National Highway Freight Network
established under this section to ensure that the Network provides a
foundation for the United States to compete in the global economy and
achieve the goals described in subsection (b).
``(b) Goals.--The goals of the national highway freight policy
are--
``(1) to invest in infrastructure improvements and to
implement operational improvements that--
``(A) strengthen the contribution of the National
Highway Freight Network to the economic competitiveness
of the United States;
``(B) reduce congestion and bottlenecks on the
National Highway Freight Network; and
``(C) increase productivity, particularly for
domestic industries and businesses that create high-
value jobs;
``(2) to improve the safety, security, and resilience of
highway freight transportation;
``(3) to improve the state of good repair of the National
Highway Freight Network;
``(4) to use innovation and advanced technology to improve
the safety, efficiency, and reliability of the National Highway
Freight Network;
``(5) to improve the economic efficiency of the National
Highway Freight Network;
``(6) to improve the short and long distance movement of
goods that--
``(A) travel across rural areas between population
centers; and
``(B) travel between rural areas and population
centers;
``(7) to improve the flexibility of States to support
multi-State corridor planning and the creation of multi-State
organizations to increase the ability of States to address
highway freight connectivity; and
``(8) to reduce the environmental impacts of freight
movement on the National Highway Freight Network.
``(c) Establishment of National Highway Freight Network.--
``(1) In general.--The Secretary shall establish a National
Highway Freight Network in accordance with this section to
strategically direct Federal resources and policies toward
improved performance of the Network.
``(2) Network components.--The National Highway Freight
Network shall consist of--
``(A) the Interstate System;
``(B) non-Interstate highway segments on the
41,000-mile comprehensive primary freight network
developed by the Secretary under section 167(d) as in
effect on the day before the date of enactment of the
Surface Transportation Reauthorization and Reform Act
of 2015; and
``(C) additional non-Interstate highway segments
designated by the States under subsection (d).
``(d) State Additions to Network.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Surface Transportation Reauthorization and
Reform Act of 2015, each State, in consultation with the State
freight advisory committee, may increase the number of miles
designated as part of the National Highway Freight Network by
not more than 10 percent of the miles designated in that State
under subparagraphs (A) and (B) of subsection (c)(2) if the
additional miles--
``(A) close gaps between segments of the National
Highway Freight Network;
``(B) establish connections from the National
Highway Freight Network to critical facilities for the
efficient movement of freight, including ports, freight
railroads, international border crossings, airports,
intermodal facilities, warehouse and logistics centers,
and agricultural facilities; or
``(C) are part of critical emerging freight
corridors or critical commerce corridors.
``(2) Submission.--Each State shall--
``(A) submit to the Secretary a list of the
additional miles added under this subsection; and
``(B) certify that the additional miles meet the
requirements of paragraph (1).
``(e) Redesignation.--
``(1) Redesignation by secretary.--
``(A) In general.--Effective beginning 5 years
after the date of enactment of the Surface
Transportation Reauthorization and Reform Act of 2015,
and every 5 years thereafter, the Secretary shall
redesignate the highway segments designated by the
Secretary under subsection (c)(2)(B) that are on the
National Highway Freight Network.
``(B) Considerations.--In redesignating highway
segments under subparagraph (A), the Secretary shall
consider--
``(i) changes in the origins and
destinations of freight movements in the United
States;
``(ii) changes in the percentage of annual
average daily truck traffic in the annual
average daily traffic on principal arterials;
``(iii) changes in the location of key
facilities;
``(iv) critical emerging freight corridors
and critical commerce corridors; and
``(v) network connectivity.
``(C) Limitation.--Each redesignation under
subparagraph (A) may increase the mileage on the
National Highway Freight Network designated by the
Secretary by not more than 3 percent.
``(2) Redesignation by states.--
``(A) In general.--Effective beginning 5 years
after the date of enactment of the Surface
Transportation Reauthorization and Reform Act of 2015,
and every 5 years thereafter, each State may, in
consultation with the State freight advisory committee,
redesignate the highway segments designated by the
State under subsection (c)(2)(C) that are on the
National Highway Freight Network.
``(B) Considerations.--In redesignating highway
segments under subparagraph (A), the State shall
consider--
``(i) gaps between segments of the National
Highway Freight Network;
``(ii) needed connections from the National
Highway Freight Network to critical facilities
for the efficient movement of freight,
including ports, freight railroads,
international border crossings, airports,
intermodal facilities, warehouse and logistics
centers, and agricultural facilities; and
``(iii) critical emerging freight corridors
or critical commerce corridors.
``(C) Limitation.--Each redesignation under
subparagraph (A) may increase the mileage on the
National Highway Freight Network designated by the
State by not more than 3 percent.
``(D) Resubmission.--Each State, under the
advisement of the State freight advisory committee,
shall--
``(i) submit to the Secretary a list of the
miles redesignated under this paragraph; and
``(ii) certify that the redesignated miles
meet the requirements of subsection (d)(1).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
167 and inserting the following:
``167. National highway freight policy.''.
SEC. 1111. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.
(a) In General.--Title 23, United States Code, is amended by
inserting after section 116 the following:
``Sec. 117. Nationally significant freight and highway projects
``(a) Establishment.--There is established a nationally significant
freight and highway projects program to provide financial assistance
for projects of national or regional significance that will--
``(1) improve the safety, efficiency, and reliability of
the movement of freight and people;
``(2) generate national or regional economic benefits and
an increase in the global economic competitiveness of the
United States;
``(3) reduce highway congestion and bottlenecks;
``(4) improve connectivity between modes of freight
transportation; or
``(5) enhance the resiliency of critical highway
infrastructure, including highway infrastructure that supports
national energy security.
``(b) Grant Authority.--In carrying out the program established in
subsection (a), the Secretary may make grants, on a competitive basis,
in accordance with this section.
``(c) Eligible Applicants.--
``(1) In general.--The Secretary may make a grant under
this section to the following:
``(A) A State or group of States.
``(B) A metropolitan planning organization that
serves an urbanized area (as defined by the Bureau of
the Census) with a population of more than 200,000
individuals.
``(C) A unit of local government.
``(D) A special purpose district or public
authority with a transportation function, including a
port authority.
``(E) A Federal land management agency that applies
jointly with a State or group of States.
``(2) Applications.--To be eligible for a grant under this
section, an entity specified in paragraph (1) shall submit to
the Secretary an application in such form, at such time, and
containing such information as the Secretary determines is
appropriate.
``(d) Eligible Projects.--
``(1) In general.--Except as provided in subsection (h),
the Secretary may make a grant under this section only for a
project that--
``(A) is--
``(i) a freight project carried out on the
National Highway Freight Network established
under section 167 of this title;
``(ii) a highway or bridge project carried
out on the National Highway System, including--
``(I) a project to add capacity to
the Interstate System to improve
mobility; and
``(II) a project in a national
scenic area;
``(iii) an intermodal or rail freight
project carried out on the National Multimodal
Freight Network established under section 70103
of title 49; or
``(iv) a railway-highway grade crossing or
grade separation project; and
``(B) has eligible project costs that are
reasonably anticipated to equal or exceed the lesser
of--
``(i) $100,000,000; or
``(ii) in the case of a project--
``(I) located in 1 State, 30
percent of the amount apportioned under
this chapter to the State in the most
recently completed fiscal year; or
``(II) located in more than 1
State, 50 percent of the amount
apportioned under this chapter to the
participating State with the largest
apportionment under this chapter in the
most recently completed fiscal year.
``(2) Limitation.--
``(A) In general.--Not more than $500,000,000 of
the amounts made available for grants under this
section for fiscal years 2016 through 2021, in the
aggregate, may be used to make grants for projects
described in paragraph (1)(A)(iii) and such a project
may only receive a grant under this section if--
``(i) the project will make a significant
improvement to freight movements on the
National Highway Freight Network; and
``(ii) the Federal share of the project
funds only elements of the project that provide
public benefits.
``(B) Exclusions.--The limitation under
subparagraph (A) shall--
``(i) not apply to a railway-highway grade
crossing or grade separation project; and
``(ii) with respect to a multimodal
project, shall apply only to the non-highway
portion or portions of the project.
``(e) Eligible Project Costs.--Grant amounts received for a project
under this section may be used for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
``(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements.
``(f) Project Requirements.--The Secretary may make a grant for a
project described under subsection (d) only if the relevant applicant
demonstrates that--
``(1) the project will generate national or regional
economic, mobility, or safety benefits;
``(2) the project will be cost effective;
``(3) the project will contribute to the accomplishment of
1 or more of the national goals described under section 150 of
this title;
``(4) the project is based on the results of preliminary
engineering;
``(5) with respect to related non-Federal financial
commitments--
``(A) 1 or more stable and dependable sources of
funding and financing are available to construct,
maintain, and operate the project; and
``(B) contingency amounts are available to cover
unanticipated cost increases;
``(6) the project cannot be easily addressed using other
funding available to the project sponsor under this chapter;
and
``(7) the project is reasonably expected to begin
construction not later than 18 months after the date of
obligation of funds for the project.
``(g) Additional Considerations.--In making a grant under this
section, the Secretary shall consider--
``(1) the extent to which a project utilizes nontraditional
financing, innovative design and construction techniques, or
innovative technologies;
``(2) the amount and source of non-Federal contributions
with respect to the proposed project; and
``(3) the need for geographic diversity among grant
recipients, including the need for a balance between the needs
of rural and urban communities.
``(h) Reserved Amounts.--
``(1) In general.--The Secretary shall reserve not less
than 10 percent of the amounts made available for grants under
this section each fiscal year to make grants for projects
described in subsection (d)(1)(A) that do not satisfy the
minimum threshold under subsection (d)(1)(B).
``(2) Grant amount.--Each grant made under this subsection
shall be in an amount that is at least $5,000,000.
``(3) Project selection considerations.--In addition to
other applicable requirements, in making grants under this
subsection the Secretary shall consider--
``(A) the cost effectiveness of the proposed
project; and
``(B) the effect of the proposed project on
mobility in the State and region in which the project
is carried out.
``(4) Excess funding.--In any fiscal year in which
qualified applications for grants under this subsection will
not allow for the amount reserved under paragraph (1) to be
fully utilized, the Secretary shall use the unutilized amounts
to make other grants under this section.
``(5) Rural areas.--The Secretary shall reserve not less
than 20 percent of the amounts made available for grants under
this section, including the amounts made available under
paragraph (1), each fiscal year to make grants for projects
located in rural areas.
``(i) Federal Share.--
``(1) In general.--The Federal share of the cost of a
project assisted with a grant under this section may not exceed
50 percent.
``(2) Non-federal share.--Funds apportioned to a State
under section 104(b)(1) or 104(b)(2) may be used to satisfy the
non-Federal share of the cost of a project for which a grant is
made under this section so long as the total amount of Federal
funding for the project does not exceed 80 percent of project
costs.
``(j) Agreements To Combine Amounts.--Two or more entities
specified in subsection (c)(1) may combine, pursuant to an agreement
entered into by the entities, any part of the amounts provided to the
entities from grants under this section for a project for which the
relevant grants were made if--
``(1) the agreement will benefit each entity entering into
the agreement; and
``(2) the agreement is not in violation of a law of any
such entity.
``(k) Treatment of Freight Projects.--Notwithstanding any other
provision of law, a freight project carried out under this section
shall be treated as if the project is located on a Federal-aid highway.
``(l) TIFIA Program.--At the request of an eligible applicant under
this section, the Secretary may use amounts awarded to the entity to
pay subsidy and administrative costs necessary to provide the entity
Federal credit assistance under chapter 6 with respect to the project
for which the grant was awarded.
``(m) Congressional Notification.--
``(1) Notification.--At least 60 days before making a grant
for a project under this section, the Secretary shall notify,
in writing, the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Environment and Public Works of the Senate of the proposed
grant. The notification shall include an evaluation and
justification for the project and the amount of the proposed
grant award.
``(2) Congressional disapproval.--The Secretary may not
make a grant or any other obligation or commitment to fund a
project under this section if a joint resolution is enacted
disapproving funding for the project before the last day of the
60-day period described in paragraph (1).
``(n) Facilitating Commercial Waterborne Transportation.--
Notwithstanding any other provision of law, or rights granted
thereunder, and provided that the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met, a
property owner may develop, construct, operate, and maintain pier,
wharf, or other such load-out structures on that property and on or
above adjacent beds of the navigable waters of the United States to
facilitate the commercial waterborne transportation of domestic
aggregate that may supply an eligible project under this section,
including salt, sand, and gravel, from reserves located within ten
miles of the property.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 116 the following:
``117. Nationally significant freight and highway projects.''.
(c) Repeal.--Section 1301 of SAFETEA-LU (23 U.S.C. 101 note), and
the item relating to that section in the table of contents in section
1(b) of such Act, are repealed.
SEC. 1112. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
Section 165(a) of title 23, United States Code, is amended--
(1) in paragraph (1) by striking ``$150,000,000'' and
inserting ``$158,000,000''; and
(2) in paragraph (2) by striking ``$40,000,000'' and
inserting ``$42,000,000''.
SEC. 1113. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAM.
Section 201(c)(6) of title 23, United States Code, is amended by
adding at the end the following:
``(C) Tribal data collection.--In addition to the
data to be collected under subparagraph (A), not later
than 90 days after the last day of each fiscal year,
any entity carrying out a project under the tribal
transportation program under section 202 shall submit
to the Secretary and the Secretary of the Interior,
based on obligations and expenditures under the tribal
transportation program during the preceding fiscal
year, the following data:
``(i) The names of projects and activities
carried out by the entity under the tribal
transportation program during the preceding
fiscal year.
``(ii) A description of the projects and
activities identified under clause (i).
``(iii) The current status of the projects
and activities identified under clause (i).
``(iv) An estimate of the number of jobs
created and the number of jobs retained by the
projects and activities identified under clause
(i).''.
SEC. 1114. TRIBAL TRANSPORTATION PROGRAM.
Section 202(a)(6) of title 23, United States Code, is amended by
striking ``6 percent'' and inserting ``5 percent''.
SEC. 1115. FEDERAL LANDS TRANSPORTATION PROGRAM.
Section 203 of title 23, United States Code, is amended--
(1) in subsection (a)(1)(B) by striking ``operation'' and
inserting ``capital, operations,'';
(2) in subsection (b)--
(A) in paragraph (1)(B)--
(i) in clause (iv) by striking ``and'' at
the end;
(ii) in clause (v) by striking the period
at the end and inserting a semicolon; and
(iii) by adding at the end the following:
``(vi) the Bureau of Reclamation; and
``(vii) independent Federal agencies with
natural resource and land management
responsibilities.''; and
(B) in paragraph (2)(B)--
(i) in the matter preceding clause (i) by
inserting ``performance management, including''
after ``support''; and
(ii) in clause (i)(II) by striking ``,
and'' and inserting ``; and''; and
(3) in subsection (c)(2)(B) by adding at the end the
following:
``(vi) The Bureau of Reclamation.''.
SEC. 1116. TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 206 the following:
``Sec. 207. Tribal transportation self-governance program
``(a) Establishment.--Subject to the requirements of this section,
the Secretary shall establish and carry out a program to be known as
the tribal transportation self-governance program. The Secretary may
delegate responsibilities for administration of the program as the
Secretary determines appropriate.
``(b) Eligibility.--
``(1) In general.--Subject to paragraphs (2) and (3), an
Indian tribe shall be eligible to participate in the program if
the Indian tribe requests participation in the program by
resolution or other official action by the governing body of
the Indian tribe, and demonstrates, for the preceding 3 fiscal
years, financial stability and financial management capability,
and transportation program management capability.
``(2) Criteria for determining financial stability and
financial management capacity.--For the purposes of paragraph
(1), evidence that, during the preceding 3 fiscal years, an
Indian tribe had no uncorrected significant and material audit
exceptions in the required annual audit of the Indian tribe's
self-determination contracts or self-governance funding
agreements with any Federal agency shall be conclusive evidence
of the required financial stability and financial management
capability.
``(3) Criteria for determining transportation program
management capability.--The Secretary shall require an Indian
tribe to demonstrate transportation program management
capability, including the capability to manage and complete
projects eligible under this title and projects eligible under
chapter 53 of title 49, to gain eligibility for the program.
``(c) Compacts.--
``(1) Compact required.--Upon the request of an eligible
Indian tribe, and subject to the requirements of this section,
the Secretary shall negotiate and enter into a written compact
with the Indian tribe for the purpose of providing for the
participation of the Indian tribe in the program.
``(2) Contents.--A compact entered into under paragraph (1)
shall set forth the general terms of the government-to-
government relationship between the Indian tribe and the United
States under the program and other terms that will continue to
apply in future fiscal years.
``(3) Amendments.--A compact entered into with an Indian
tribe under paragraph (1) may be amended only by mutual
agreement of the Indian tribe and the Secretary.
``(d) Annual Funding Agreements.--
``(1) Funding agreement required.--After entering into a
compact with an Indian tribe under subsection (c), the
Secretary shall negotiate and enter into a written annual
funding agreement with the Indian tribe.
``(2) Contents.--
``(A) In general.--
``(i) Formula funding and discretionary
grants.--A funding agreement entered into with
an Indian tribe shall authorize the Indian
tribe, as determined by the Indian tribe, to
plan, conduct, consolidate, administer, and
receive full tribal share funding, tribal
transit formula funding, and funding to tribes
from discretionary and competitive grants
administered by the Department for all
programs, services, functions, and activities
(or portions thereof) that are made available
to Indian tribes to carry out tribal
transportation programs and programs, services,
functions, and activities (or portions thereof)
administered by the Secretary that are
otherwise available to Indian tribes.
``(ii) Transfers of state funds.--
``(I) Inclusion of transferred
funds in funding agreement.--A funding
agreement entered into with an Indian
tribe shall include Federal-aid funds
apportioned to a State under chapter 1
if the State elects to provide a
portion of such funds to the Indian
tribe for a project eligible under
section 202(a).
``(II) Method for transfers.--If a
State elects to provide funds described
in subclause (I) to an Indian tribe,
the State shall transfer the funds back
to the Secretary and the Secretary
shall transfer the funds to the Indian
tribe in accordance with this section.
``(III) Responsibility for
transferred funds.--Notwithstanding any
other provision of law, if a State
provides funds described in subclause
(I) to an Indian tribe--
``(aa) the State shall not
be responsible for constructing
or maintaining a project
carried out using the funds or
for administering or
supervising the project or
funds during the applicable
statute of limitations period
related to the construction of
the project; and
``(bb) the Indian tribe
shall be responsible for
constructing and maintaining a
project carried out using the
funds and for administering and
supervising the project and
funds in accordance with this
section during the applicable
statute of limitations period
related to the construction of
the project.
``(B) Administration of tribal shares.--The tribal
shares referred to in subparagraph (A) shall be
provided without regard to the agency or office of the
Department within which the program, service, function,
or activity (or portion thereof) is performed.
``(C) Flexible and innovative financing.--
``(i) In general.--A funding agreement
entered into with an Indian tribe under
paragraph (1) shall include provisions
pertaining to flexible and innovative financing
if agreed upon by the parties.
``(ii) Terms and conditions.--
``(I) Authority to issue
regulations.--The Secretary may issue
regulations to establish the terms and
conditions relating to the flexible and
innovative financing provisions
referred to in clause (i).
``(II) Terms and conditions in
absence of regulations.--If the
Secretary does not issue regulations
under subclause (I), the terms and
conditions relating to the flexible and
innovative financing provisions
referred to in clause (i) shall be
consistent with--
``(aa) agreements entered
into by the Department under--
``(AA) section
202(b)(7); and
``(BB) section
202(d)(5), as in effect
before the date of
enactment of MAP-21
(Public Law 112-141);
or
``(bb) regulations of the
Department of the Interior
relating to flexible financing
contained in part 170 of title
25, Code of Federal
Regulations, as in effect on
the date of enactment of the
Surface Transportation
Reauthorization and Reform Act
of 2015.
``(3) Terms.--A funding agreement shall set forth--
``(A) terms that generally identify the programs,
services, functions, and activities (or portions
thereof) to be performed or administered by the Indian
tribe; and
``(B) for items identified in subparagraph (A)--
``(i) the general budget category assigned;
``(ii) the funds to be provided, including
those funds to be provided on a recurring
basis;
``(iii) the time and method of transfer of
the funds;
``(iv) the responsibilities of the
Secretary and the Indian tribe; and
``(v) any other provision agreed to by the
Indian tribe and the Secretary.
``(4) Subsequent funding agreements.--
``(A) Applicability of existing agreement.--Absent
notification from an Indian tribe that the Indian tribe
is withdrawing from or retroceding the operation of 1
or more programs, services, functions, or activities
(or portions thereof) identified in a funding
agreement, or unless otherwise agreed to by the
parties, each funding agreement shall remain in full
force and effect until a subsequent funding agreement
is executed.
``(B) Effective date of subsequent agreement.--The
terms of the subsequent funding agreement shall be
retroactive to the end of the term of the preceding
funding agreement.
``(5) Consent of indian tribe required.--The Secretary
shall not revise, amend, or require additional terms in a new
or subsequent funding agreement without the consent of the
Indian tribe that is subject to the agreement unless such terms
are required by Federal law.
``(e) General Provisions.--
``(1) Redesign and consolidation.--
``(A) In general.--An Indian tribe, in any manner
that the Indian tribe considers to be in the best
interest of the Indian community being served, may--
``(i) redesign or consolidate programs,
services, functions, and activities (or
portions thereof) included in a funding
agreement; and
``(ii) reallocate or redirect funds for
such programs, services, functions, and
activities (or portions thereof), if the funds
are--
``(I) expended on projects
identified in a transportation
improvement program approved by the
Secretary; and
``(II) used in accordance with the
requirements in--
``(aa) appropriations Acts;
``(bb) this title and
chapter 53 of title 49; and
``(cc) any other applicable
law.
``(B) Exception.--Notwithstanding subparagraph (A),
if, pursuant to subsection (d), an Indian tribe
receives a discretionary or competitive grant from the
Secretary or receives State apportioned funds, the
Indian tribe shall use the funds for the purpose for
which the funds were originally authorized.
``(2) Retrocession.--
``(A) In general.--
``(i) Authority of indian tribes.--An
Indian tribe may retrocede (fully or partially)
to the Secretary programs, services, functions,
or activities (or portions thereof) included in
a compact or funding agreement.
``(ii) Reassumption of remaining funds.--
Following a retrocession described in clause
(i), the Secretary may--
``(I) reassume the remaining
funding associated with the retroceded
programs, functions, services, and
activities (or portions thereof)
included in the applicable compact or
funding agreement;
``(II) out of such remaining funds,
transfer funds associated with
Department of Interior programs,
services, functions, or activities (or
portions thereof) to the Secretary of
the Interior to carry out
transportation services provided by the
Secretary of the Interior; and
``(III) distribute funds not
transferred under subclause (II) in
accordance with applicable law.
``(iii) Correction of programs.--If the
Secretary makes a finding under subsection
(f)(2)(B) and no funds are available under
subsection (f)(2)(A)(ii), the Secretary shall
not be required to provide additional funds to
complete or correct any programs, functions,
services, or activities (or portions thereof).
``(B) Effective date.--Unless the Indian tribe
rescinds a request for retrocession, the retrocession
shall become effective within the timeframe specified
by the parties in the compact or funding agreement. In
the absence of such a specification, the retrocession
shall become effective on--
``(i) the earlier of--
``(I) 1 year after the date of
submission of the request; or
``(II) the date on which the
funding agreement expires; or
``(ii) such date as may be mutually agreed
upon by the parties and, with respect to
Department of the Interior programs, functions,
services, and activities (or portions thereof),
the Secretary of the Interior.
``(f) Provisions Relating to Secretary.--
``(1) Decisionmaker.--A decision that relates to an appeal
of the rejection of a final offer by the Department shall be
made either--
``(A) by an official of the Department who holds a
position at a higher organizational level within the
Department than the level of the departmental agency in
which the decision that is the subject of the appeal
was made; or
``(B) by an administrative judge.
``(2) Termination of compact or funding agreement.--
``(A) Authority to terminate.--
``(i) Provision to be included in compact
or funding agreement.--A compact or funding
agreement shall include a provision authorizing
the Secretary, if the Secretary makes a finding
described in subparagraph (B), to--
``(I) terminate the compact or
funding agreement (or a portion
thereof); and
``(II) reassume the remaining
funding associated with the reassumed
programs, functions, services, and
activities included in the compact or
funding agreement.
``(ii) Transfers of funds.--Out of any
funds reassumed under clause (i)(II), the
Secretary may transfer the funds associated
with Department of the Interior programs,
functions, services, and activities (or
portions thereof) to the Secretary of the
Interior to provide continued transportation
services in accordance with applicable law.
``(B) Findings resulting in termination.--The
finding referred to in subparagraph (A) is a specific
finding of--
``(i) imminent jeopardy to a trust asset,
natural resources, or public health and safety
that is caused by an act or omission of the
Indian tribe and that arises out of a failure
to carry out the compact or funding agreement,
as determined by the Secretary; or
``(ii) gross mismanagement with respect to
funds or programs transferred to the Indian
tribe under the compact or funding agreement,
as determined by the Secretary in consultation
with the Inspector General of the Department,
as appropriate.
``(C) Prohibition.--The Secretary shall not
terminate a compact or funding agreement (or portion
thereof) unless--
``(i) the Secretary has first provided
written notice and a hearing on the record to
the Indian tribe that is subject to the compact
or funding agreement; and
``(ii) the Indian tribe has not taken
corrective action to remedy the mismanagement
of funds or programs or the imminent jeopardy
to a trust asset, natural resource, or public
health and safety.
``(D) Exception.--
``(i) In general.--Notwithstanding
subparagraph (C), the Secretary, upon written
notification to an Indian tribe that is subject
to a compact or funding agreement, may
immediately terminate the compact or funding
agreement (or portion thereof) if--
``(I) the Secretary makes a finding
of imminent substantial and irreparable
jeopardy to a trust asset, natural
resource, or public health and safety;
and
``(II) the jeopardy arises out of a
failure to carry out the compact or
funding agreement.
``(ii) Hearings.--If the Secretary
terminates a compact or funding agreement (or
portion thereof) under clause (i), the
Secretary shall provide the Indian tribe
subject to the compact or agreement with a
hearing on the record not later than 10 days
after the date of such termination.
``(E) Burden of proof.--In any hearing or appeal
involving a decision to terminate a compact or funding
agreement (or portion thereof) under this paragraph,
the Secretary shall have the burden of proof in
demonstrating by clear and convincing evidence the
validity of the grounds for the termination.
``(g) Cost Principles.--In administering funds received under this
section, an Indian tribe shall apply cost principles under the
applicable Office of Management and Budget circular, except as modified
by section 450j-1 of title 25, other provisions of law, or by any
exemptions to applicable Office of Management and Budget circulars
subsequently granted by the Office of Management and Budget. No other
audit or accounting standards shall be required by the Secretary. Any
claim by the Federal Government against the Indian tribe relating to
funds received under a funding agreement based on any audit conducted
pursuant to this subsection shall be subject to the provisions of
section 450j-1(f) of title 25.
``(h) Transfer of Funds.--The Secretary shall provide funds to an
Indian tribe under a funding agreement in an amount equal to--
``(1) the sum of the funding that the Indian tribe would
otherwise receive for the program, function, service, or
activity in accordance with a funding formula or other
allocation method established under this title or chapter 53 of
title 49; and
``(2) 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.
``(i) Construction Programs.--
``(1) Standards.--Construction projects carried out under
programs administered by an Indian tribe with funds transferred
to the Indian tribe pursuant to a funding agreement entered
into under this section shall be constructed pursuant to the
construction program standards set forth in applicable
regulations or as specifically approved by the Secretary (or
the Secretary's designee).
``(2) Monitoring.--Construction programs shall be monitored
by the Secretary in accordance with applicable regulations.
``(j) Facilitation.--
``(1) Secretarial interpretation.--Except as otherwise
provided by law, the Secretary shall interpret all Federal
laws, Executive orders, and regulations in a manner that will
facilitate--
``(A) the inclusion of programs, services,
functions, and activities (or portions thereof) and
funds associated therewith, in compacts and funding
agreements; and
``(B) the implementation of the compacts and
funding agreements.
``(2) Regulation waiver.--
``(A) In general.--An Indian tribe may submit to
the Secretary a written request to waive application of
a regulation promulgated under this section with
respect to a compact or funding agreement. The request
shall identify the regulation sought to be waived and
the basis for the request.
``(B) Approvals and denials.--
``(i) In general.--Not later than 90 days
after the date of receipt of a written request
under subparagraph (A), the Secretary shall
approve or deny the request in writing.
``(ii) Review.--The Secretary shall review
any application by an Indian tribe for a waiver
bearing in mind increasing opportunities for
using flexible policy approaches at the Indian
tribal level.
``(iii) Deemed approval.--If the Secretary
does not approve or deny a request submitted
under subparagraph (A) on or before the last
day of the 90-day period referred to in clause
(i), the request shall be deemed approved.
``(iv) Denials.--If the application for a
waiver is not granted, the agency shall provide
the applicant with the reasons for the denial
as part of the written response required in
clause (i).
``(v) Finality of decisions.--A decision by
the Secretary under this subparagraph shall be
final for the Department.
``(k) Disclaimers.--
``(1) Existing authority.--Notwithstanding any other
provision of law, upon the election of an Indian tribe, the
Secretary shall--
``(A) maintain current tribal transportation
program funding agreements and program agreements; or
``(B) enter into new agreements under the authority
of section 202(b)(7).
``(2) Limitation on statutory construction.--Nothing in
this section may be construed to impair or diminish the
authority of the Secretary under section 202(b)(7).
``(l) Applicability of Indian Self-Determination and Education
Assistance Act.--Except to the extent in conflict with this section (as
determined by the Secretary), the following provisions of the Indian
Self-Determination and Education Assistance Act shall apply to compact
and funding agreements (except that any reference to the Secretary of
the Interior or the Secretary of Health and Human Services in such
provisions shall be treated as a reference to the Secretary of
Transportation):
``(1) Subsections (a), (b), (d), (g), and (h) of section
506 of such Act (25 U.S.C. 458aaa-5), relating to general
provisions.
``(2) Subsections (b) through (e) and (g) of section 507 of
such Act (25 U.S.C.458aaa-6), relating to provisions relating
to the Secretary of Health and Human Services.
``(3) Subsections (a), (b), (d), (e), (g), (h), (i), and
(k) of section 508 of such Act (25 U.S.C. 458aaa-7), relating
to transfer of funds.
``(4) Section 510 of such Act (25 U.S.C. 458aaa-9),
relating to Federal procurement laws and regulations.
``(5) Section 511 of such Act (25 U.S.C. 458aaa-10),
relating to civil actions.
``(6) Subsections (a)(1), (a)(2), and (c) through (f) of
section 512 of such Act (25 U.S.C. 458aaa-11), relating to
facilitation, except that subsection (c)(1) of that section
shall be applied by substituting `transportation facilities and
other facilities' for `school buildings, hospitals, and other
facilities'.
``(7) Subsections (a) and (b) of section 515 of such Act
(25 U.S.C. 458aaa-14), relating to disclaimers.
``(8) Subsections (a) and (b) of section 516 of such Act
(25 U.S.C. 458aaa-15), relating to application of title I
provisions.
``(9) Section 518 of such Act (25 U.S.C. 458aaa-17),
relating to appeals.
``(m) Definitions.--
``(1) In general.--In this section, the following
definitions apply (except as otherwise expressly provided):
``(A) Compact.--The term `compact' means a compact
between the Secretary and an Indian tribe entered into
under subsection (c).
``(B) Department.--The term `Department' means the
Department of Transportation.
``(C) Eligible indian tribe.--The term `eligible
Indian tribe' means an Indian tribe that is eligible to
participate in the program, as determined under
subsection (b).
``(D) Funding agreement.--The term `funding
agreement' means a funding agreement between the
Secretary and an Indian tribe entered into under
subsection (d).
``(E) Indian tribe.--The term `Indian tribe' means
any Indian or Alaska Native tribe, band, nation,
pueblo, village, or community that the Secretary of the
Interior acknowledges to exist as an Indian tribe under
the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 479a). In any case in which an Indian tribe
has authorized another Indian tribe, an intertribal
consortium, or a tribal organization to plan for or
carry out programs, services, functions, or activities
(or portions thereof) on its behalf under this part,
the authorized Indian tribe, intertribal consortium, or
tribal organization shall have the rights and
responsibilities of the authorizing Indian tribe
(except as otherwise provided in the authorizing
resolution or in this title). In such event, the term
`Indian tribe' as used in this part shall include such
other authorized Indian tribe, intertribal consortium,
or tribal organization.
``(F) Program.--The term `program' means the tribal
transportation self-governance program established
under this section.
``(G) Secretary.--The term `Secretary' means the
Secretary of Transportation.
``(H) Transportation programs.--The term
`transportation programs' means all programs
administered or financed by the Department under this
title and chapter 53 of title 49.
``(2) Applicability of other definitions.--In this section,
the definitions set forth in sections 4 and 505 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b; 458aaa) apply, except as otherwise expressly provided in
this section.
``(n) Regulations.--
``(1) In general.--
``(A) Promulgation.--Not later than 90 days after
the date of enactment of the Surface Transportation
Reauthorization and Reform Act of 2015, the Secretary
shall initiate procedures under subchapter III of
chapter 5 of title 5 to negotiate and promulgate such
regulations as are necessary to carry out this section.
``(B) Publication of proposed regulations.--
Proposed regulations to implement this section shall be
published in the Federal Register by the Secretary not
later than 21 months after such date of enactment.
``(C) Expiration of authority.--The authority to
promulgate regulations under paragraph (1) shall expire
30 months after such date of enactment.
``(D) Extension of deadlines.--A deadline set forth
in paragraph (1)(B) or (1)(C) may be extended up to 180
days if the negotiated rulemaking committee referred to
in paragraph (2) concludes that the committee cannot
meet the deadline and the Secretary so notifies the
appropriate committees of Congress.
``(2) Committee.--
``(A) In general.--A negotiated rulemaking
committee established pursuant to section 565 of title
5 to carry out this subsection shall have as its
members only Federal and tribal government
representatives, a majority of whom shall be nominated
by and be representatives of Indian tribes with funding
agreements under this title.
``(B) Requirements.--The committee shall confer
with, and accommodate participation by, representatives
of Indian tribes, inter-tribal consortia, tribal
organizations, and individual tribal members.
``(C) Adaptation of procedures.--The Secretary
shall adapt the negotiated rulemaking procedures to the
unique context of self-governance and the government-
to-government relationship between the United States
and Indian tribes.
``(3) Effect.--The lack of promulgated regulations shall
not limit the effect of this section.
``(4) Effect of circulars, policies, manuals, guidance, and
rules.--Unless expressly agreed to by the participating Indian
tribe in the compact or funding agreement, the participating
Indian tribe shall not be subject to any agency circular,
policy, manual, guidance, or rule adopted by the Department,
except regulations promulgated under this section.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 206 the following:
``207. Tribal transportation self-governance program.''.
SEC. 1117. EMERGENCY RELIEF.
(a) Eligibility.--Section 125(d)(3) of title 23, United States
Code, 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) projects eligible for assistance under this
section located on Federal lands transportation
facilities or other federally owned roads that are open
to public travel (as defined in subsection (e)).''.
(b) Definitions.--Section 125(e) of title 23, United States Code,
is amended by striking paragraph (1) and inserting the following:
``(1) Definitions.--In this subsection, the following
definitions apply:
``(A) Open to public travel.--The term `open to
public travel' means, with respect to a road, that,
except during scheduled periods, extreme weather
conditions, or emergencies, the road--
``(i) is maintained;
``(ii) is open to the general public; and
``(iii) can accommodate travel by 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.
``(B) Standard passenger vehicle.--The term
`standard passenger vehicle' means a vehicle with 6
inches of clearance from the lowest point of the frame,
body, suspension, or differential to the ground.''.
SEC. 1118. HIGHWAY USE TAX EVASION PROJECTS.
Section 143(b) of title 23, United States Code, is amended--
(1) by striking paragraph (2)(A) and inserting the
following:
``(A) In general.--From administrative funds made
available under section 104(a), the Secretary may
deduct such sums as are necessary, not to exceed
$6,000,000 for each of fiscal years 2016 through 2021,
to carry out this section.'';
(2) in the heading for paragraph (8) by inserting ``block
grant'' after ``surface transportation''; and
(3) in paragraph (9) by inserting ``, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Environment and Public
Works of the Senate'' after ``the Secretary''.
SEC. 1119. BUNDLING OF BRIDGE PROJECTS.
Section 144 of title 23, United States Code, is amended--
(1) in subsection (c)(2)(A) by striking ``the natural
condition of the bridge'' and inserting ``the natural condition
of the water'';
(2) by redesignating subsection (j) as subsection (k);
(3) by inserting after subsection (i) the following:
``(j) Bundling of Bridge Projects.--
``(1) Purpose.--The purpose of this subsection is to save
costs and time by encouraging States to bundle multiple bridge
projects as 1 project.
``(2) Eligible entity defined.--In this subsection, the
term `eligible entity' means an entity eligible to carry out a
bridge project under section 119 or 133.
``(3) Bundling of bridge projects.--An eligible entity may
bundle 2 or more similar bridge projects that are--
``(A) eligible projects under section 119 or 133;
``(B) included as a bundled project in a
transportation improvement program under section 134(j)
or a statewide transportation improvement program under
section 135, as applicable; and
``(C) awarded to a single contractor or consultant
pursuant to a contract for engineering and design or
construction between the contractor and an eligible
entity.
``(4) Itemization.--Notwithstanding any other provision of
law (including regulations), a bundling of bridge projects
under this subsection may be listed as--
``(A) 1 project for purposes of sections 134 and
135; and
``(B) a single project within the applicable
bundle.
``(5) Financial characteristics.--Projects bundled under
this subsection shall have the same financial characteristics,
including--
``(A) the same funding category or subcategory; and
``(B) the same Federal share.
``(6) Engineering cost reimbursement.--The provisions of
section 102(b) do not apply to projects carried out under this
subsection.''; and
(4) in subsection (k)(2), as redesignated by paragraph (2)
of this section, by striking ``104(b)(3)'' and inserting
``104(b)(2)''.
SEC. 1120. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
Section 1123(h)(1) of MAP-21 (23 U.S.C. 202 note) is amended by
striking ``fiscal years'' and all that follows through the period at
the end and inserting ``fiscal years 2016 through 2021.''.
SEC. 1121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
Section 147(e) of title 23, United States Code, is amended by
striking ``2013 and 2014'' and inserting ``2016 through 2021''.
Subtitle B--Planning and Performance Management
SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.
Section 134 of title 23, United States Code, is amended--
(1) in subsection (c)(2), by striking ``and bicycle
transportation facilities'' and inserting ``, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation, including intercity buses and
intercity bus facilities'';
(2) in subsection (d)--
(A) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively;
(B) by inserting after paragraph (2) the following:
``(3) Representation.--
``(A) In general.--Designation or selection of
officials or representatives under paragraph (2) shall
be determined by the metropolitan planning organization
according to the bylaws or enabling statute of the
organization.
``(B) Public transportation representative.--
Subject to the bylaws or enabling statute of the
metropolitan planning organization, a representative of
a provider of public transportation may also serve as a
representative of a local municipality.
``(C) Powers of certain officials.--An official
described in paragraph (2)(B) shall have
responsibilities, actions, duties, voting rights, and
any other authority commensurate with other officials
described in paragraph (2).''; and
(C) in paragraph (5) as so redesignated by striking
``paragraph (5)'' and inserting ``paragraph (6)'';
(3) in subsection (e)(4)(B), by striking ``subsection
(d)(5)'' and inserting ``subsection (d)(6)'';
(4) in subsection (g)(3)(A), by inserting ``tourism,
natural disaster risk reduction,'' after ``economic
development,'';
(5) in subsection (h)--
(A) in paragraph (1)--
(i) in subparagraph (G), by striking
``and'' at the end;
(ii) in subparagraph (H) by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(I) improve the reliance and reliability of the
transportation system and reduce or mitigate stormwater
impacts of surface transportation; and
``(J) enhance travel and tourism.''; and
(B) in paragraph (2)(A) by striking ``and in
section 5301(c) of title 49'' and inserting ``and the
general purposes described in section 5301 of title
49'';
(6) in subsection (i)--
(A) in paragraph (2)(A)(i) by striking ``transit,''
and inserting ``public transportation facilities,
intercity bus facilities,'';
(B) in paragraph (6)(A)--
(i) by inserting ``public ports,'' before
``freight shippers,''; and
(ii) by inserting ``(including intercity
bus operators, employer-based commuting
programs, such as a carpool program, vanpool
program, transit benefit program, parking cash-
out program, shuttle program, or telework
program)'' after ``private providers of
transportation''; and
(C) in paragraph (8) by striking ``paragraph
(2)(C)'' and inserting ``paragraph (2)(E)'' each place
it appears;
(7) in subsection (k)(3)--
(A) in subparagraph (A) by inserting ``(including
intercity bus operators, employer-based commuting
programs such as a carpool program, vanpool program,
transit benefit program, parking cash-out program,
shuttle program, or telework program), job access
projects,'' after ``reduction''; and
(B) by adding at the end the following:
``(C) Congestion management plan.--A metropolitan
planning organization with a transportation management
area may develop a plan that includes projects and
strategies that will be considered in the TIP of such
metropolitan planning organization. Such plan shall--
``(i) develop regional goals to reduce
vehicle miles traveled during peak commuting
hours and improve transportation connections
between areas with high job concentration and
areas with high concentrations of low-income
households;
``(ii) identify existing public
transportation services, employer-based
commuter programs, and other existing
transportation services that support access to
jobs in the region; and
``(iii) identify proposed projects and
programs to reduce congestion and increase job
access opportunities.
``(D) Participation.--In developing the plan under
subparagraph (C), a metropolitan planning organization
shall consult with employers, private and nonprofit
providers of public transportation, transportation
management organizations, and organizations that
provide job access reverse commute projects or job-
related services to low-income individuals.'';
(8) in subsection (l)--
(A) by adding a period at the end of paragraph (1);
and
(B) in paragraph (2)(D) by striking ``of less than
200,000'' and inserting ``with a population of 200,000
or less'';
(9) in subsection (n)(1) by inserting ``49'' after
``chapter 53 of title''; and
(10) in subsection (p) by striking ``Funds set aside under
section 104(f)'' and inserting ``Funds apportioned under
section 104(b)(5)''.
SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
Section 135 of title 23, United States Code, is amended--
(1) in subsection (a)(2) by striking ``and bicycle
transportation facilities'' and inserting, ``, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation, including intercity buses and
intercity bus facilities'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (G) by striking ``and''
at the end;
(ii) in subparagraph (H) by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(I) improve the reliance and reliability of the
transportation system and reduce or mitigate stormwater
impacts of surface transportation; and
``(J) enhance travel and tourism.''; and
(B) in paragraph (2)--
(i) in subparagraph (A) by striking ``and
in section 5301(c) of title 49'' and inserting
``and the general purposes described in section
5301 of title 49'';
(ii) in subparagraph (B)(ii) by striking
``urbanized''; and
(iii) in subparagraph (C) by striking
``urbanized''; and
(3) in subsection (f)--
(A) in paragraph (3)(A)(ii)--
(i) by inserting ``public ports,'' before
``freight shippers,''; and
(ii) by inserting ``(including intercity
bus operators, employer-based commuting
programs, such as a carpool program, vanpool
program, transit benefit program, parking cash-
out program, shuttle program, or telework
program)'' after ``private providers of
transportation''; and
(B) in paragraph (7), in the matter preceding
subparagraph (A), by striking ``should'' and inserting
``shall''.
Subtitle C--Acceleration of Project Delivery
SEC. 1301. SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC SITES.
(a) Highways.--Section 138 of title 23, United States Code, is
amended by adding at the end the following:
``(c) Satisfaction of Requirements for Certain Historic Sites.--
``(1) In general.--The Secretary shall--
``(A) align, to the maximum extent practicable,
with the requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4231 et seq.) and section
306108 of title 54, including implementing regulations;
and
``(B) not later than 90 days after the date of
enactment of this subsection, coordinate with the
Secretary of the Interior and the Executive Director of
the Advisory Council on Historic Preservation (referred
to in this subsection as the `Council') to establish
procedures to satisfy the requirements described in
subparagraph (A) (including regulations).
``(2) Avoidance alternative analysis.--
``(A) In general.--If, in an analysis required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4231 et seq.), the Secretary determines that
there is no feasible or prudent alternative to avoid
use of a historic site, the Secretary may--
``(i) include the determination of the
Secretary in the analysis required under that
Act;
``(ii) provide a notice of the
determination to--
``(I) each applicable State
historic preservation officer and
tribal historic preservation officer;
``(II) the Council, if the Council
is participating in the consultation
process under section 306108 of title
54; and
``(III) the Secretary of the
Interior; and
``(iii) request from the applicable
preservation officer, the Council, and the
Secretary of the Interior a concurrence that
the determination is sufficient to satisfy the
requirement of subsection (a)(1).
``(B) Concurrence.--If the applicable preservation
officer, the Council, and the Secretary of the Interior
each provide a concurrence requested under subparagraph
(A)(iii), no further analysis under subsection (a)(1)
shall be required.
``(C) Publication.--A notice of a determination,
together with each relevant concurrence to that
determination, under subparagraph (A) shall be--
``(i) included in the record of decision or
finding of no significant impact of the
Secretary; and
``(ii) posted on an appropriate Federal Web
site by not later than 3 days after the date of
receipt by the Secretary of all concurrences
requested under subparagraph (A)(iii).
``(3) Aligning historical reviews.--
``(A) In general.--If the Secretary, the applicable
preservation officer, the Council, and the Secretary of
the Interior concur that no feasible and prudent
alternative exists as described in paragraph (2), the
Secretary may provide to the applicable preservation
officer, the Council, and the Secretary of the Interior
notice of the intent of the Secretary to satisfy the
requirements of subsection (a)(2) through the
consultation requirements of section 306108 of title
54.
``(B) Satisfaction of conditions.--To satisfy the
requirements of subsection (a)(2), each individual
described in paragraph (2)(A)(ii) shall concur in the
treatment of the applicable historic site described in
the memorandum of agreement or programmatic agreement
developed under section 306108 of title 54.''.
(b) Public Transportation.--Section 303 of title 49, United States
Code, is amended by adding at the end the following:
``(e) Satisfaction of Requirements for Certain Historic Sites.--
``(1) In general.--The Secretary shall--
``(A) align, to the maximum extent practicable, the
requirements of this section with the requirements of
the National Environmental Policy Act of 1969 (42
U.S.C. 4231 et seq.) and section 306108 of title 54,
including implementing regulations; and
``(B) not later than 90 days after the date of
enactment of this subsection, coordinate with the
Secretary of the Interior and the Executive Director of
the Advisory Council on Historic Preservation (referred
to in this subsection as the `Council') to establish
procedures to satisfy the requirements described in
subparagraph (A) (including regulations).
``(2) Avoidance alternative analysis.--
``(A) In general.--If, in an analysis required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4231 et seq.), the Secretary determines that
there is no feasible or prudent alternative to avoid
use of a historic site, the Secretary may--
``(i) include the determination of the
Secretary in the analysis required under that
Act;
``(ii) provide a notice of the
determination to--
``(I) each applicable State
historic preservation officer and
tribal historic preservation officer;
``(II) the Council, if the Council
is participating in the consultation
process under section 306108 of title
54; and
``(III) the Secretary of the
Interior; and
``(iii) request from the applicable
preservation officer, the Council, and the
Secretary of the Interior a concurrence that
the determination is sufficient to satisfy the
requirement of subsection (c)(1).
``(B) Concurrence.--If the applicable preservation
officer, the Council, and the Secretary of the Interior
each provide a concurrence requested under subparagraph
(A)(iii), no further analysis under subsection (a)(1)
shall be required.
``(C) Publication.--A notice of a determination,
together with each relevant concurrence to that
determination, under subparagraph (A) shall be--
``(i) included in the record of decision or
finding of no significant impact of the
Secretary; and
``(ii) posted on an appropriate Federal Web
site by not later than 3 days after the date of
receipt by the Secretary of all concurrences
requested under subparagraph (A)(iii).
``(3) Aligning historical reviews.--
``(A) In general.--If the Secretary, the applicable
preservation officer, the Council, and the Secretary of
the Interior concur that no feasible and prudent
alternative exists as described in paragraph (2), the
Secretary may provide to the applicable preservation
officer, the Council, and the Secretary of the Interior
notice of the intent of the Secretary to satisfy the
requirements of subsection (c)(2) through the
consultation requirements of section 306108 of title
54.
``(B) Satisfaction of conditions.--To satisfy the
requirements of subsection (c)(2), the applicable
preservation officer, the Council, and the Secretary of
the Interior shall concur in the treatment of the
applicable historic site described in the memorandum of
agreement or programmatic agreement developed under
section 306108 of title 54.''.
SEC. 1302. TREATMENT OF IMPROVEMENTS TO RAIL AND TRANSIT UNDER
PRESERVATION REQUIREMENTS.
(a) Title 23 Amendment.--Section 138 of title 23, United States
Code, as amended by this Act, is further amended by adding at the end
the following:
``(d) Rail and Transit.--
``(1) In general.--Improvements to, or the maintenance,
rehabilitation, or operation of, railroad or rail transit lines
or elements thereof that are in use or were historically used
for the transportation of goods or passengers shall not be
considered a use of a historic site under subsection (a),
regardless of whether the railroad or rail transit line or
element thereof is listed on, or eligible for listing on, the
National Register of Historic Places.
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply
to--
``(i) stations; or
``(ii) bridges or tunnels located on--
``(I) railroad lines that have been
abandoned; or
``(II) transit lines that are not
in use.
``(B) Clarification with respect to certain bridges
and tunnels.--The bridges and tunnels referred to in
subparagraph (A)(ii) do not include bridges or tunnels
located on railroad or transit lines--
``(i) over which service has been
discontinued; or
``(ii) that have been railbanked or
otherwise reserved for the transportation of
goods or passengers.''.
(b) Title 49 Amendment.--Section 303 of title 49, United States
Code, as amended by this Act, is further amended--
(1) in subsection (c), in the matter preceding paragraph
(1), by striking ``subsection (d)'' and inserting ``subsections
(d), (e), and (f)''; and
(2) by adding at the end the following:
``(f) Rail and Transit.--
``(1) In general.--Improvements to, or the maintenance,
rehabilitation, or operation of, railroad or rail transit lines
or elements thereof that are in use or were historically used
for the transportation of goods or passengers shall not be
considered a use of a historic site under subsection (c),
regardless of whether the railroad or rail transit line or
element thereof is listed on, or eligible for listing on, the
National Register of Historic Places.
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply
to--
``(i) stations; or
``(ii) bridges or tunnels located on--
``(I) railroad lines that have been
abandoned; or
``(II) transit lines that are not
in use.
``(B) Clarification with respect to certain bridges
and tunnels.--The bridges and tunnels referred to in
subparagraph (A)(ii) do not include bridges or tunnels
located on railroad or transit lines--
``(i) over which service has been
discontinued; or
``(ii) that have been railbanked or
otherwise reserved for the transportation of
goods or passengers.''.
SEC. 1303. CLARIFICATION OF TRANSPORTATION ENVIRONMENTAL AUTHORITIES.
(a) Title 23 Amendment.--Section 138 of title 23, United States
Code, as amended by this Act, is further amended by adding at the end
the following:
``(e) References to Past Transportation Environmental
Authorities.--
``(1) Section 4(f) requirements.--The requirements of this
section are commonly referred to as section 4(f) requirements
(see section 4(f) of the Department of Transportation Act
(Public Law 89-670; 80 Stat. 934) as in effect before the
repeal of that section).
``(2) Section 106 requirements.--The requirements of
section 306108 of title 54 are commonly referred to as section
106 requirements (see section 106 of the National Historic
Preservation Act of 1966 (Public Law 89-665; 80 Stat. 915) as
in effect before the repeal of that section).''.
(b) Title 49 Amendment.--Section 303 of title 49, United States
Code, as amended by this Act, is further amended by adding at the end
the following:
``(g) References to Past Transportation Environmental
Authorities.--
``(1) Section 4(f) requirements.--The requirements of this
section are commonly referred to as section 4(f) requirements
(see section 4(f) of the Department of Transportation Act
(Public Law 89-670; 80 Stat. 934) as in effect before the
repeal of that section).
``(2) Section 106 requirements.--The requirements of
section 306108 of title 54 are commonly referred to as section
106 requirements (see section 106 of the National Historic
Preservation Act of 1966 (Public Law 89-665; 80 Stat. 915) as
in effect before the repeal of that section).''.
SEC. 1304. TREATMENT OF CERTAIN BRIDGES UNDER PRESERVATION
REQUIREMENTS.
(a) Title 23 Amendment.--Section 138 of title 23, United States
Code, as amended by this Act, is further amended by adding at the end
the following:
``(f) Bridge Exemption.--A common post-1945 concrete or steel
bridge or culvert that is exempt from individual review under section
306108 of title 54 (as described in 77 Fed. Reg. 68790) shall be
treated under this section as having a de minimis impact on an area.''.
(b) Title 49 Amendment.--Section 303 of title 49, United States
Code, as amended by this Act, is further amended by adding at the end
the following:
``(h) Bridge Exemption.--A common post-1945 concrete or steel
bridge or culvert that is exempt from individual review under section
306108 of title 54 (as described in 77 Fed. Reg. 68790) shall be
treated under this section as having a de minimis impact on an area.''.
SEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING.
(a) Definitions.--Section 139(a) of title 23, United States Code,
is amended--
(1) by striking paragraph (5) and inserting the following:
``(5) Multimodal project.--The term `multimodal project'
means a project that requires the approval of more than 1
Department of Transportation operating administration or
secretarial office.'';
(2) by adding at the end the following:
``(9) Substantial deference.--The term `substantial
deference' means deference by a participating agency to the
recommendations and decisions of the lead agency unless it is
not possible to defer without violating the participating
agency's statutory responsibilities.''.
(b) Applicability.--Section 139(b)(3) of title 23, United States
Code, is amended--
(1) in subparagraph (A) in the matter preceding clause (i)
by striking ``initiate a rulemaking to''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Requirements.--In carrying out subparagraph
(A), the Secretary shall ensure that programmatic
reviews--
``(i) promote transparency, including the
transparency of--
``(I) the analyses and data used in
the environmental reviews;
``(II) the treatment of any
deferred issues raised by agencies or
the public; and
``(III) the temporal and spatial
scales to be used to analyze issues
under subclauses (I) and (II);
``(ii) use accurate and timely information,
including through establishment of--
``(I) criteria for determining the
general duration of the usefulness of
the review; and
``(II) a timeline for updating an
out-of-date review;
``(iii) describe--
``(I) the relationship between any
programmatic analysis and future tiered
analysis; and
``(II) the role of the public in
the creation of future tiered analysis;
``(iv) are available to other relevant
Federal and State agencies, Indian tribes, and
the public; and
``(v) provide notice and public comment
opportunities consistent with applicable
requirements.''.
(c) Federal Lead Agency.--Section 139(c)(1)(A) of title 23, United
States Code, is amended by inserting ``, or an operating administration
thereof designated by the Secretary,'' after ``Department of
Transportation''.
(d) Participating Agencies.--
(1) Invitation.--Section 139(d)(2) of title 23, United
States Code, is amended by striking ``The lead agency shall
identify, as early as practicable in the environmental review
process for a project,'' and inserting ``Not later than 45 days
after the date of publication of a notice of intent to prepare
an environmental impact statement or the initiation of an
environmental assessment, the lead agency shall identify''.
(2) Single nepa document.--Section 139(d) of title 23,
United States Code, is amended by adding at the end the
following:
``(8) Single nepa document.--
``(A) In general.--Except as inconsistent with
paragraph (7), to the maximum extent practicable and
consistent with Federal law, all Federal permits and
reviews for a project shall rely on a single
environment document prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) under the leadership of the lead agency.
``(B) Use of document.--
``(i) In general.--To the maximum extent
practicable, the lead agency shall develop an
environmental document sufficient to satisfy
the requirements for any Federal approval or
other Federal action required for the project,
including permits issued by other Federal
agencies.
``(ii) Cooperation of participating
agencies.--Other participating agencies shall
cooperate with the lead agency and provide
timely information to help the lead agency
carry out this subparagraph.
``(C) Treatment as participating and cooperating
agencies.--A Federal agency required to make an
approval or take an action for a project, as described
in subparagraph (B), shall work with the lead agency
for the project to ensure that the agency making the
approval or taking the action is treated as being both
a participating and cooperating agency for the
project.''.
(e) Project Initiation.--Section 139(e) of title 23, United States
Code, is amended by adding at the end the following:
``(3) Environmental checklist.--
``(A) Development.--The lead agency for a project,
in consultation with participating agencies, shall
develop, as appropriate, a checklist to help project
sponsors identify potential natural, cultural, and
historic resources in the area of the project.
``(B) Purpose.--The purposes of the checklist are--
``(i) to identify agencies and
organizations that can provide information
about natural, cultural, and historic
resources;
``(ii) to develop the information needed to
determine the range of alternatives; and
``(iii) to improve interagency
collaboration to help expedite the permitting
process for the lead agency and participating
agencies.''.
(f) Purpose and Need.--Section 139(f) of title 23, United States
Code, is amended--
(1) in the subsection heading by inserting ``; Alternatives
Analysis'' after ``Need'';
(2) in paragraph (4)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Participation.--
``(i) In general.--As early as practicable
during the environmental review process, the
lead agency shall seek the involvement of
participating agencies and the public for the
purpose of reaching agreement early in the
environmental review process on a reasonable
range of alternatives that will satisfy all
subsequent Federal environmental review and
permit requirements.
``(ii) Comments of participating
agencies.--To the maximum extent practicable
and consistent with applicable law, each
participating agency receiving an opportunity
for involvement under clause (i) shall--
``(I) limit the agency's comments
to subject matter areas within the
agency's special expertise or
jurisdiction; and
``(II) afford substantial deference
to the range of alternatives
recommended by the lead agency.
``(iii) Effect of nonparticipation.--A
participating agency that declines to
participate in the development of the purpose
and need and reasonable range of alternatives
for a project shall be required to comply with
the schedule developed under subsection
(g)(1)(B).''; and
(B) in subparagraph (B)--
(i) by striking ``Following participation
under paragraph (1)'' and inserting the
following:
``(i) Determination.--Following
participation under subparagraph (A)''; and
(ii) by adding at the end the following:
``(ii) Use.--To the maximum extent
practicable and consistent with Federal law,
the range of alternatives determined for a
project under clause (i) shall be used for all
Federal environmental reviews and permit
processes required for the project unless the
alternatives must be modified--
``(I) to address significant new
information or circumstances, and the
lead agency and participating agencies
agree that the alternatives must be
modified to address the new information
or circumstances; or
``(II) for the lead agency or a
participating agency to fulfill its
responsibilities under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) in a timely
manner.''.
(g) Coordination and Scheduling.--
(1) Coordination plan.--Section 139(g)(1) of title 23,
United States Code, is amended--
(A) in subparagraph (A) by striking ``The lead
agency'' and inserting ``Not later than 90 days after
the date of publication of a notice of intent to
prepare an environmental impact statement or the
initiation of an environmental assessment, the lead
agency''; and
(B) in subparagraph (B)(i) by striking ``may
establish'' and inserting ``shall establish''.
(2) Deadlines for decisions under other laws.--Section
139(g)(3) of title 23, United States Code, is amended to read
as follows:
``(3) Deadlines for decisions under other laws.--
``(A) In general.--In any case in which a decision
under any Federal law relating to a project (including
the issuance or denial of a permit or license) is
required by law, regulation, or Executive order to be
made after the date on which the lead agency has issued
a categorical exclusion, finding of no significant
impact, or record of decision with respect to the
project, any such later decision shall be made or
completed by the later of--
``(i) the date that is 180 days after the
lead agency's final decision has been made; or
``(ii) the date that is 180 days after the
date on which a completed application was
submitted for the permit or license.
``(B) Treatment of delays.--Following the deadline
established by subparagraph (A), 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, and publish on the Department's Internet Web
site--
``(i) as soon as practicable after the 180-
day period, an initial notice of the failure of
the Federal agency to make the decision; and
``(ii) every 60 days thereafter, until such
date as all decisions of the Federal agency
relating to the project have been made by the
Federal agency, an additional notice that
describes the number of decisions of the
Federal agency that remain outstanding as of
the date of the additional notice.''.
(3) Adoption of documents; accelerated decisionmaking in
environmental reviews.--
(A) In general.--Section 139(g) of title 23, United
States Code, is amended--
(i) by redesignating paragraph (4) as
paragraph (5); and
(ii) by inserting after paragraph (3) the
following:
``(4) Accelerated decisionmaking in environmental
reviews.--
``(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--
``(i) cite the sources, authorities, and
reasons that support the position of the
agency; and
``(ii) if appropriate, indicate the
circumstances that would trigger agency
reappraisal or further response.
``(B) Single document.--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--
``(i) the final environmental impact
statement makes substantial changes to the
proposed action that are relevant to
environmental or safety concerns; or
``(ii) there is a significant new
circumstance or information relevant to
environmental concerns that bears on the
proposed action or the impacts of the proposed
action.''.
(B) Conforming amendment.--Section 1319 of MAP-21
(42 U.S.C. 4332a), and the item relating to that
section in the table of contents contained in section
1(c) of that Act, are repealed.
(h) Issue Identification and Resolution.--
(1) Issue resolution.--Section 139(h) of title 23, United
States Code, is amended--
(A) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) Issue resolution.--Any issue resolved by the lead
agency and participating agencies may not be reconsidered
unless significant new information or circumstances arise.''.
(2) Failure to assure.--Section 139(h)(5)(C) of title 23,
United States Code, (as redesignated by paragraph (1)(A) of
this subsection) is amended by striking ``paragraph (5) and''
and inserting ``paragraph (6)''.
(3) Accelerated issue resolution and referral.--Section
139(h)(6) of title 23, United States Code, (as redesignated by
paragraph (1)(A) of this subsection) is amended by striking
subparagraph (C) and inserting the following:
``(C) Referral to council on environmental
quality.--
``(i) In general.--If issue resolution for
a project is not achieved on or before the 30th
day after the date of a 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 clause (i), the Council on
Environmental Quality shall hold an issue
resolution meeting with--
``(I) the head of the lead agency;
``(II) the heads of relevant
participating agencies; and
``(III) the project sponsor
(including the Governor only if the
initial issue resolution meeting
request came from the Governor).
``(iii) Resolution.--The Council on
Environmental Quality shall work with the lead
agency, relevant participating agencies, and
the project sponsor until all issues are
resolved.''.
(4) Financial penalty provisions.--Section
139(h)(7)(B)(i)(I) of title 23, United States Code, (as
redesignated by paragraph (1)(A) of this subsection) is amended
by striking ``under section 106(i) is required'' and inserting
``is required under subsection (h) or (i) of section 106''.
(i) Assistance to Affected State and Federal Agencies.--
(1) In general.--Section 139(j)(1) of title 23, United
States Code, is amended to read as follows:
``(1) In general.--
``(A) Authority to provide funds.--The Secretary
may allow a public entity receiving financial
assistance from the Department of Transportation under
this title or chapter 53 of title 49 to provide funds
to Federal agencies (including the Department), State
agencies, and Indian tribes participating in the
environmental review process for the project or
program.
``(B) Use of funds.--Funds referred to in
subparagraph (A) may be provided only to support
activities that directly and meaningfully contribute to
expediting and improving permitting and review
processes, including planning, approval, and
consultation processes for the project or program.''.
(2) Activities eligible for funding.--Section 139(j)(2) of
title 23, United States Code, is amended by inserting
``activities directly related to the environmental review
process,'' before ``dedicated staffing,''.
(3) Agreement.--Section 139(j)(6) of title 23, United
States Code, is amended to read as follows:
``(6) Agreement.--Prior to providing funds approved by the
Secretary for dedicated staffing at an affected agency under
paragraphs (1) and (2), the affected agency and the requesting
public entity shall enter into an agreement that establishes
the projects and priorities to be addressed by the use of the
funds.''.
(j) Implementation of Programmatic Compliance.--
(1) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete a
rulemaking to implement the provisions of section 139(b)(3) of
title 23, United States Code, as amended by this section.
(2) Consultation.--Before initiating the rulemaking under
paragraph (1), the Secretary shall consult with relevant
Federal agencies, relevant State resource agencies, State
departments of transportation, Indian tribes, and the public on
the appropriate use and scope of the programmatic approaches.
(3) Requirements.--In carrying out this subsection, the
Secretary shall ensure that the rulemaking meets the
requirements of section 139(b)(3)(B) of title 23, United States
Code, as amended by this section.
(4) Comment period.--The Secretary shall--
(A) allow not fewer than 60 days for public notice
and comment on the proposed rule; and
(B) address any comments received under this
subsection.
SEC. 1306. IMPROVING TRANSPARENCY IN ENVIRONMENTAL REVIEWS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall--
(1) maintain and use a searchable Internet Web site--
(A) to make publicly available the status and
progress of projects, as defined in section 139 of
title 23, United States Code, requiring an
environmental assessment or an environmental impact
statement with respect to compliance with applicable
requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and any other Federal,
State, or local approval required for such projects;
and
(B) to make publicly available the names of
participating agencies not participating in the
development of a project purpose and need and range of
alternatives under section 139(f) of title 23, United
States Code; and
(2) in coordination with agencies described in subsection
(b) and State agencies, issue reporting standards to meet the
requirements of paragraph (1).
(b) Federal, State, and Local Agency Participation.--A Federal,
State, or local agency participating in the environmental review or
permitting process for a project, as defined in section 139 of title
23, United States Code, shall provide to the Secretary information
regarding the status and progress of the approval of the project for
publication on the Internet Web site maintained under subsection (a),
consistent with the standards established under subsection (a).
(c) States With Delegated Authority.--A State with delegated
authority for responsibilities under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) pursuant to section 327 of title
23, United States Code, shall be responsible for supplying project
development and compliance status to the Secretary for all applicable
projects.
SEC. 1307. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.
(a) Definitions.--Section 168(a) of title 23, United States Code,
is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Environmental review process.--The term
`environmental review process' has the meaning given that term
in section 139(a).'';
(2) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Lead agency.--The term `lead agency' has the meaning
given that term in section 139(a).''; and
(4) by striking paragraph (3) (as redesignated by paragraph
(2) of this subsection) and inserting the following:
``(3) Planning product.--The term `planning product' means
a decision, analysis, study, or other documented information
that is the result of an evaluation or decisionmaking process
carried out by a metropolitan planning organization or a State,
as appropriate, during metropolitan or statewide transportation
planning under section 134 or section 135, respectively.''.
(b) Adoption of Planning Products for Use in NEPA Proceedings.--
Section 168(b) of title 23, United States Code, is amended--
(1) in the subsection heading by inserting ``or
Incorporation by Reference'' after ``Adoption'';
(2) in paragraph (1) by striking ``the Federal lead agency
for a project may adopt'' and inserting ``and to the maximum
extent practicable and appropriate, the lead agency for a
project may adopt or incorporate by reference'';
(3) by striking paragraph (2) and redesignating paragraphs
(3) and (4) as paragraphs (2) and (3), respectively;
(4) by striking paragraph (2) (as so redesignated) and
inserting the following:
``(2) Partial adoption or incorporation by reference of
planning products.--The lead agency may adopt or incorporate by
reference a planning product under paragraph (1) in its
entirety or may select portions for adoption or incorporation
by reference.''; and
(5) in paragraph (3) (as so redesignated) by inserting ``or
incorporation by reference'' after ``adoption''.
(c) Applicability.--
(1) Planning decisions.--Section 168(c)(1) of title 23,
United States Code, is amended--
(A) in the matter preceding subparagraph (A) by
striking ``adopted'' and inserting ``adopted or
incorporated by reference by the lead agency'';
(B) by redesignating subparagraphs (A) through (E)
as subparagraphs (B) through (F), respectively;
(C) by inserting before subparagraph (B) (as so
redesignated) the following:
``(A) the project purpose and need;'';
(D) by striking subparagraph (B) (as so
redesignated) and inserting the following:
``(B) the preliminary screening of alternatives and
elimination of unreasonable alternatives;'';
(E) in subparagraph (C) (as so redesignated) by
inserting ``and general travel corridor'' after ``modal
choice'';
(F) in subparagraph (E) (as so redesignated) by
striking ``and'' at the end;
(G) in subparagraph (F) (as so redesignated)--
(i) in the matter preceding clause (i) by
striking ``potential impacts'' and all that
follows through ``resource agencies,'' and
inserting ``potential impacts of a project,
including a programmatic mitigation plan
developed in accordance with section 169, that
the lead agency''; and
(ii) in clause (ii) by striking the period
at the end and inserting ``; and''; and
(H) by adding at the end the following:
``(G) whether tolling, private financial
assistance, or other special financial measures are
necessary to implement the project.''.
(2) Planning analyses.--Section 168(c)(2) of title 23,
United States Code, is amended--
(A) in the matter preceding subparagraph (A) by
striking ``adopted'' and inserting ``adopted or
incorporated by reference by the lead agency'';
(B) in subparagraph (G)--
(i) by inserting ``direct, indirect, and''
before ``cumulative effects''; and
(ii) by striking ``, identified as a result
of a statewide or regional cumulative effects
assessment''; and
(C) in subparagraph (H)--
(i) by striking ``proposed action'' and
inserting ``proposed project''; and
(ii) by striking ``Federal lead agency''
and inserting ``lead agency''.
(d) Conditions.--Section 168(d) of title 23, United States Code, is
amended--
(1) in the matter preceding paragraph (1) by striking
``Adoption and use'' and all that follows through ``Federal
lead agency, that'' and inserting ``The lead agency in the
environmental review process may adopt or incorporate by
reference and use a planning product under this section if the
lead agency determines that'';
(2) in paragraph (2) by striking ``by engaging in active
consultation'' and inserting ``in consultation'';
(3) by striking paragraphs (4) and (5) and inserting the
following:
``(4) The planning process included public notice that the
planning products may be adopted or incorporated by reference
during a subsequent environmental review process in accordance
with this section.
``(5) During the environmental review process, but prior to
determining whether to rely on and use the planning product,
the lead agency has--
``(A) made the planning documents available for
review and comment by members of the general public and
Federal, State, local, and tribal governments that may
have an interest in the proposed action;
``(B) provided notice of the lead agency's intent
to adopt the planning product or incorporate the
planning product by reference; and
``(C) considered any resulting comments.'';
(4) in paragraph (9)--
(A) by inserting ``or incorporation by reference''
after ``adoption''; and
(B) by inserting ``and is sufficient to meet the
requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.)'' after ``for the
project''; and
(5) in paragraph (10) by striking ``not later than 5 years
prior to date on which the information is adopted'' and
inserting ``within the 5-year period ending on the date on
which the information is adopted or incorporated by
reference''.
(e) Effect of Adoption or Incorporation by Reference.--Section
168(e) of title 23, United States Code, is amended--
(1) in the subsection heading by inserting ``or
Incorporation by Reference'' after ``Adoption''; and
(2) by striking ``adopted by the Federal lead agency'' and
inserting ``adopted or incorporated by reference by the lead
agency''.
SEC. 1308. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.
Section 169(f) of title 23, United States Code, is amended by
striking ``may use'' and inserting ``shall give substantial weight
to''.
SEC. 1309. DELEGATION OF AUTHORITIES.
(a) In General.--The Secretary shall use the authority under
section 106(c) of title 23, United States Code, to the maximum extent
practicable, to delegate responsibility to the States for project
design, plans, specifications, estimates, contract awards, and
inspection of projects, on both a project-specific and programmatic
basis.
(b) Submission of Recommendations.--Not later than 18 months after
the date of enactment of this Act, the Secretary, in cooperation with
the States, 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 recommendations for
legislation to permit the delegation of additional authorities to the
States, including with respect to real estate acquisition and project
design.
SEC. 1310. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL
ASSISTANCE.
(a) Adjustment for Inflation.--Section 1317 of MAP-21 (23 U.S.C.
109 note) is amended--
(1) in paragraph (1)(A) by inserting ``(as adjusted
annually by the Secretary to reflect any increases in the
Consumer Price Index prepared by the Department of Labor)''
after ``$5,000,000''; and
(2) in paragraph (1)(B) by inserting ``(as adjusted
annually by the Secretary to reflect any increases in the
Consumer Price Index prepared by the Department of Labor)''
after ``$30,000,000''.
(b) Retroactive Application.--The first adjustment made pursuant to
the amendments made by subsection (a) shall--
(1) be carried out not later than 60 days after the date of
enactment of this Act; and
(2) reflect the increase in the Consumer Price Index since
July 1, 2012.
SEC. 1311. APPLICATION OF CATEGORICAL EXCLUSIONS FOR MULTIMODAL
PROJECTS.
Section 304 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``operating authority
that'' and inserting ``operating administration
or secretarial office that has expertise but'';
and
(ii) by inserting ``proposed multimodal''
after ``with respect to a''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Lead authority.--The term `lead authority' means a
Department of Transportation operating administration or
secretarial office that has the lead responsibility for
compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) with respect to a proposed multimodal
project.'';
(2) in subsection (b) by inserting ``or title 23'' after
``under this title'';
(3) by striking subsection (c) and inserting the following:
``(c) Application of Categorical Exclusions for Multimodal
Projects.--In considering the environmental impacts of a proposed
multimodal project, a lead authority may apply categorical exclusions
designated under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) in implementing regulations or procedures of a
cooperating authority for a proposed multimodal project, subject to the
conditions that--
``(1) the lead authority makes a determination, with the
concurrence of the cooperating authority--
``(A) on the applicability of a categorical
exclusion to a proposed multimodal project; and
``(B) that the project satisfies the conditions for
a categorical exclusion under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and this section;
``(2) the lead authority follows the cooperating
authority's implementing regulations or procedures under such
Act; and
``(3) the lead authority determines that--
``(A) the proposed multimodal project 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 such Act.''; and
(4) by striking subsection (d) and inserting the following:
``(d) Cooperating Authority Expertise.--A cooperating authority
shall provide expertise to the lead authority on aspects of the
multimodal project in which the cooperating authority has expertise.''.
SEC. 1312. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.
Section 327 of title 23, United States Code, is amended--
(1) in subsection (a)(2)(B)(iii) by striking ``(42 U.S.C.
13 4321 et seq.)'' and inserting ``(42 U.S.C. 4321 et seq.)'';
(2) in subsection (c)(4) by inserting ``reasonably'' before
``considers necessary'';
(3) in subsection (e) by inserting ``and without further
approval of'' after ``in lieu of'';
(4) in subsection (g)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--To ensure compliance by a State with any
agreement of the State under subsection (c) (including
compliance by the State with all Federal laws for which
responsibility is assumed under subsection (a)(2)), for each
State participating in the program under this section, the
Secretary shall--
``(A) not later than 6 months after execution of
the agreement, meet with the State to review
implementation of the agreement and discuss plans for
the first annual audit;
``(B) conduct annual audits during each of the
first 4 years of State participation; and
``(C) ensure that the time period for completing an
annual audit, from initiation to completion (including
public comment and responses to those comments), does
not exceed 180 days.''; and
(B) by adding at the end the following:
``(3) Audit team.--An audit conducted under paragraph (1)
shall be carried out by an audit team determined by the
Secretary, in consultation with the State. Such consultation
shall include a reasonable opportunity for the State to review
and provide comments on the proposed members of the audit
team.''; and
(5) by adding at the end the following:
``(k) Capacity Building.--The Secretary, in cooperation with
representatives of State officials, may carry out education, training,
peer-exchange, and other initiatives as appropriate--
``(1) to assist States in developing the capacity to
participate in the assignment program under this section; and
``(2) to promote information sharing and collaboration
among States that are participating in the assignment program
under this section.
``(l) Relationship to Locally Administered Projects.--A State
granted authority under this section may, as appropriate and at the
request of a local government--
``(1) exercise such authority on behalf of the local
government for a locally administered project; or
``(2) provide guidance and training on consolidating and
minimizing the documentation and environmental analyses
necessary for sponsors of a locally administered project to
comply with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and any comparable requirements under
State law.''.
SEC. 1313. PROGRAM FOR ELIMINATING DUPLICATION OF ENVIRONMENTAL
REVIEWS.
(a) Purpose.--The purpose of this section is to eliminate
duplication of environmental reviews and approvals under State and
Federal laws.
(b) In General.--Chapter 3 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 330. Program for eliminating duplication of environmental
reviews
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a pilot
program to authorize States that are approved to participate in
the program to conduct environmental reviews and make approvals
for projects under State environmental laws and regulations
instead of Federal environmental laws and regulations,
consistent with the requirements of this section.
``(2) Participating states.--The Secretary may select not
more than 5 States to participate in the program.
``(3) Alternative review and approval procedures.--In this
section, the term `alternative environmental review and
approval procedures' means--
``(A) substitution of 1 or more State environmental
laws for--
``(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
``(ii) such provisions of sections 109(h),
128, and 139 related to the application of that
Act that are under the authority of the
Secretary, as the Secretary, in consultation
with the State, considers appropriate; and
``(iii) related regulations and Executive
orders; and
``(B) substitution of 1 or more State environmental
regulations for--
``(i) the National Environmental Policy Act
of 1969;
``(ii) such provisions of sections 109(h),
128, and 139 related to the application of that
Act that are under the authority of the
Secretary, as the Secretary, in consultation
with the State, considers appropriate; and
``(iii) related regulations and Executive
orders.
``(b) Application.--To be eligible to participate in the program, a
State shall submit to the Secretary an application containing such
information as the Secretary may require, including--
``(1) a full and complete description of the proposed
alternative environmental review and approval procedures of the
State;
``(2) each Federal law described in subsection (a)(3) that
the State is seeking to substitute;
``(3) each State law and regulation that the State intends
to substitute for such Federal law, Federal regulation, or
Executive order;
``(4) an explanation of the basis for concluding that the
State law or regulation is substantially equivalent to the
Federal law described in subsection (a)(3);
``(5) a description of the projects or classes of projects
for which the State anticipates exercising the authority that
may be granted under the program;
``(6) verification that the State has the financial
resources necessary to carry out the authority that may be
granted under the program;
``(7) evidence of having sought, received, and addressed
comments on the proposed application from the public; and
``(8) any such additional information as the Secretary, or,
with respect to section (d)(1)(A), the Secretary in
consultation with the Chair, may require.
``(c) Review of Application.--In accordance with subsection (d),
the Secretary shall--
``(1) review an application submitted under subsection (b);
``(2) approve or disapprove the application not later than
90 days after the date of receipt of the application; and
``(3) transmit to the State notice of the approval or
disapproval, together with a statement of the reasons for the
approval or disapproval.
``(d) Approval of Application.--
``(1) In general.--The Secretary shall approve an
application submitted under subsection (b) only if--
``(A) the Secretary, with the concurrence of the
Chair, determines that the laws and regulations of the
State described in the application are substantially
equivalent to the Federal laws that the State is
seeking to substitute;
``(B) the Secretary determines that the State has
the capacity, including financial and personnel, to
assume the responsibility; and
``(C) the State has executed an agreement with the
Secretary, in accordance with section 327, providing
for environmental review, consultation, or other action
under Federal environmental laws pertaining to the
review or approval of a specific project.
``(2) Exclusion.--The National Environmental Policy Act of
1969 shall not apply to a decision by the Secretary to approve
or disapprove an application submitted under this section.
``(e) Judicial Review.--
``(1) In general.--The United States district courts shall
have exclusive jurisdiction over any civil action against a
State--
``(A) for failure of the State to meet the
requirements of this section; or
``(B) if the action involves the exercise of
authority by the State under this section and section
327.
``(2) State jurisdiction.--A State court shall have
exclusive jurisdiction over any civil action against a State if
the action involves the exercise of authority by the State
under this section not covered by paragraph (1).
``(f) Election.--At its discretion, a State participating in the
programs under this section and section 327 may elect to apply the
National Environmental Protection Act of 1969 instead of the State's
alternative environmental review and approval procedures.
``(g) Treatment of State Laws and Regulations.--To the maximum
extent practicable and consistent with Federal law, other Federal
agencies with authority over a project subject to this section shall
use documents produced by a participating State under this section to
satisfy the requirements of the National Environmental Policy Act of
1969.
``(h) Relationship to Locally Administered Projects.--
``(1) In general.--A State with an approved program under
this section, at the request of a local government, may
exercise authority under that program on behalf of up to 25
local governments for locally administered projects.
``(2) Scope.--For up to 25 local governments selected by a
State with an approved program under this section, the State
shall be responsible for ensuring that any environmental
review, consultation, or other action required under the
National Environmental Policy Act of 1969 or the State program,
or both, meets the requirements of such Act or program.
``(i) Review and Termination.--
``(1) In general.--A State program approved under this
section shall at all times be in accordance with the
requirements of this section.
``(2) Review.--The Secretary shall review each State
program approved under this section not less than once every 5
years.
``(3) Public notice and comment.--In conducting the review
process under paragraph (2), the Secretary shall provide notice
and an opportunity for public comment.
``(4) Withdrawal of approval.--If the Secretary, in
consultation with the Chair, determines at any time that a
State is not administering a State program approved under this
section in accordance with the requirements of this section,
the Secretary shall so notify the State, and if appropriate
corrective action is not taken within a reasonable time, not to
exceed 90 days, the Secretary shall withdraw approval of the
State program.
``(5) Extensions and terminations.--At the conclusion of
the review process under paragraph (2), the Secretary may
extend for an additional 5-year period or terminate the
authority of a State under this section to substitute that
State's laws and regulations for Federal laws.
``(j) Report to Congress.--Not later than 2 years after the date of
enactment of this section, 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 describes the administration of the
program, including--
``(1) the number of States participating in the program;
``(2) the number and types of projects for which each State
participating in the program has used alternative environmental
review and approval procedures; and
``(3) any recommendations for modifications to the program.
``(k) Definitions.--In this section, the following definitions
apply:
``(1) Chair.--The term `Chair' means the Chair of the
Council on Environmental Quality.
``(2) Multimodal project.--The term `multimodal project'
has the meaning given that term in section 139(a).
``(3) Program.--The term `program' means the pilot program
established under this section.
``(4) Project.--The term `project' means--
``(A) a project requiring approval under this
title, chapter 53 of subtitle III of title 49, or
subtitle V of title 49; and
``(B) a multimodal project.''.
(c) Rulemaking.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Chair of the Council on Environmental
Quality, shall promulgate regulations to implement the
requirements of section 330 of title 23, United States Code, as
added by this section.
(2) Determination of substantially equivalent.--As part of
the rulemaking required under this subsection, the Chair
shall--
(A) establish the criteria necessary to determine
that a State law or regulation is substantially
equivalent to a Federal law described in section
330(a)(3) of title 23, United States Code;
(B) ensure that such criteria, at a minimum--
(i) provide for protection of the
environment;
(ii) provide opportunity for public
participation and comment, including access to
the documentation necessary to review the
potential impact of a project; and
(iii) ensure a consistent review of
projects that would otherwise have been covered
under Federal law.
(d) Clerical Amendment.--The analysis for chapter 3 of title 23,
United States Code, is amended by adding at the end the following:
``330. Program for eliminating duplication of environmental reviews.''.
SEC. 1314. ASSESSMENT OF PROGRESS ON ACCELERATING PROJECT DELIVERY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall assess
the progress made under this Act, MAP-21 (Public Law 112-141), and
SAFETEA-LU (Public Law 109-59), including the amendments made by those
Acts, to accelerate the delivery of Federal-aid highway and highway
safety construction projects and public transportation capital projects
by streamlining the environmental review and permitting process.
(b) Contents.--The assessment required under subsection (a) shall
evaluate--
(1) how often the various streamlining provisions have been
used;
(2) which of the streamlining provisions have had the
greatest impact on streamlining the environmental review and
permitting process;
(3) what, if any, impact streamlining of the process has
had on environmental protection;
(4) how, and the extent to which, streamlining provisions
have improved and accelerated the process for permitting under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), and other applicable Federal laws;
(5) what impact actions by the Council on Environmental
Quality have had on accelerating Federal-aid highway and
highway safety construction projects and public transportation
capital projects;
(6) the number and percentage of projects that proceed
under a traditional environmental assessment or environmental
impact statement, and the number and percentage of projects
that proceed under categorical exclusions;
(7) the extent to which the environmental review and
permitting process remains a significant source of project
delay and the sources of delays; and
(8) the costs of conducting environmental reviews and
issuing permits or licenses for a project, including the cost
of contractors and dedicated agency staff.
(c) Recommendations.--The assessment required under subsection (a)
shall include recommendations with respect to--
(1) additional opportunities for streamlining the
environmental review process, including regulatory or statutory
changes to accelerate the processes of Federal agencies (other
than the Department) with responsibility for reviewing Federal-
aid highway and highway safety construction projects and public
transportation capital projects without negatively impacting
the environment; and
(2) best practices of other Federal agencies that should be
considered for adoption by the Department.
(d) Report to Congress.--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
Environment and Public Works of the Senate a report containing the
assessment and recommendations required under this section.
SEC. 1315. IMPROVING STATE AND FEDERAL AGENCY ENGAGEMENT IN
ENVIRONMENTAL REVIEWS.
(a) In General.--Title 49, United States Code, is amended by
inserting after section 306 the following:
``Sec. 307. Improving State and Federal agency engagement in
environmental reviews
``(a) In General.--
``(1) Requests to provide funds.--A public entity receiving
financial assistance from the Department of Transportation for
1 or more projects, or for a program of projects, for a public
purpose may request that the Secretary allow the public entity
to provide funds to Federal agencies, including the Department,
State agencies, and Indian tribes participating in the
environmental planning and review process for the project,
projects, or program.
``(2) Use of funds.--The funds may be provided only to
support activities that directly and meaningfully contribute to
expediting and improving permitting and review processes,
including planning, approval, and consultation processes for
the project, projects, or program.
``(b) Activities Eligible for Funding.--Activities for which funds
may be provided under subsection (a) include transportation planning
activities that precede the initiation of the environmental review
process, activities directly related to the environmental review
process, dedicated staffing, training of agency personnel, information
gathering and mapping, and development of programmatic agreements.
``(c) Amounts.--Requests under subsection (a) may be approved only
for the additional amounts that the Secretary determines are necessary
for the Federal agencies, State agencies, or Indian tribes
participating in the environmental review process to timely conduct
their review.
``(d) Agreements.--Prior to providing funds approved by the
Secretary for dedicated staffing at an affected Federal agency under
subsection (a), the affected Federal agency and the requesting public
entity shall enter into an agreement that establishes a process to
identify projects or priorities to be addressed by the use of the
funds.
``(e) Rulemaking.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall initiate a
rulemaking to implement this section.
``(2) Factors.--As part of the rulemaking carried out under
paragraph (1), the Secretary shall ensure--
``(A) to the maximum extent practicable, that
expediting and improving the process of environmental
review and permitting through the use of funds accepted
and expended under this section does not adversely
affect the timeline for review and permitting by
Federal agencies, State agencies, or Indian tribes of
other entities that have not contributed funds under
this section;
``(B) that the use of funds accepted under this
section will not impact impartial decisionmaking with
respect to environmental reviews or permits, either
substantively or procedurally; and
``(C) that the Secretary maintains, and makes
publicly available, including on the Internet, a list
of projects or programs for which such review or
permits have been carried out using funds authorized
under this section.
``(f) Existing Authority.--Nothing in this section may be construed
to conflict with section 139(j) of title 23.''.
(b) Conforming Amendment.--The analysis for chapter 3 of title 49,
United States Code, is amended by inserting after the item relating to
section 306 the following:
``307. Improving State and Federal agency engagement in environmental
reviews.''.
SEC. 1316. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL REVIEWS.
(a) In General.--Title 49, United States Code, is amended by
inserting after section 304 the following:
``Sec. 304a. Accelerated decisionmaking in environmental reviews
``(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, and reasons that
support the position of the agency; and
``(2) if appropriate, indicate the circumstances that would
trigger agency reappraisal or further response.
``(b) Single Document.--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 is a significant new circumstance or
information relevant to environmental concerns that bears on
the proposed action or the impacts of the proposed action.
``(c) Adoption of Documents.--
``(1) Avoiding duplication.--To prevent duplication of
analyses and support expeditious and efficient decisions, the
operating administrations of the Department of Transportation
shall use adoption and incorporation by reference in accordance
with this paragraph.
``(2) Adoption of documents of other operating
administrations.--An operating administration or a secretarial
office within the Department of Transportation may adopt a
draft environmental impact statement, an environmental
assessment, or a final environmental impact statement of
another operating administration for the adopting operating
administration's use when preparing an environmental assessment
or final environmental impact statement for a project without
recirculating the document for public review, if--
``(A) the adopting operating administration
certifies that its proposed action is substantially the
same as the project considered in the document to be
adopted;
``(B) the other operating administration concurs
with such decision; and
``(C) such actions are consistent with the
requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
``(3) Incorporation by reference.--An operating
administration or secretarial office within the Department of
Transportation may incorporate by reference all or portions of
a draft environmental impact statement, an environmental
assessment, or a final environmental impact statement for the
adopting operating administration's use when preparing an
environmental assessment or final environmental impact
statement for a project if--
``(A) the incorporated material is cited in the
environmental assessment or final environmental impact
statement and the contents of the incorporated material
is briefly described;
``(B) the incorporated material is reasonably
available for inspection by potentially interested
persons within the time allowed for review and comment;
and
``(C) the incorporated material does not include
proprietary data that is not available for review and
comment.''.
(b) Conforming Amendment.--The analysis for chapter 3 of title 49,
United States Code, is amended by inserting after the item relating to
section 304 the following:
``304a. Accelerated decisionmaking in environmental reviews.''.
SEC. 1317. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS.
(a) In General.--Title 49, United States Code, is amended by
inserting after section 309 the following:
``Sec. 310. Aligning Federal environmental reviews
``(a) Coordinated and Concurrent Environmental Reviews.--Not later
than 1 year after the date of enactment of this section, the Department
of Transportation, in coordination with the heads of Federal agencies
likely to have substantive review or approval responsibilities under
Federal law, shall develop a coordinated and concurrent environmental
review and permitting process for transportation projects when
initiating an environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.; in this
section referred to as `NEPA').
``(b) Contents.--The coordinated and concurrent environmental
review and permitting process shall--
``(1) ensure that the Department and agencies of
jurisdiction possess sufficient information early in the review
process to determine a statement of a transportation project's
purpose and need and range of alternatives for analysis that
the lead agency and agencies of jurisdiction will rely on for
concurrent environmental reviews and permitting decisions
required for the proposed project;
``(2) achieve early concurrence or issue resolution during
the NEPA scoping process on the Department of Transportation's
statement of a project's purpose and need, and during
development of the environmental impact statement on the range
of alternatives for analysis, that the lead agency and agencies
of jurisdiction will rely on for concurrent environmental
reviews and permitting decisions required for the proposed
project absent circumstances that require reconsideration in
order to meet an agency of jurisdiction's obligations under a
statute or Executive order; and
``(3) achieve concurrence or issue resolution in an
expedited manner if circumstances arise that require a
reconsideration of the purpose and need or range of
alternatives considered during any Federal agency's
environmental or permitting review in order to meet an agency
of jurisdiction's obligations under a statute or Executive
order.
``(c) Environmental Checklist.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary of Transportation and
Federal agencies of jurisdiction likely to have substantive
review or approval responsibilities on transportation projects
shall jointly develop a checklist to help project sponsors
identify potential natural, cultural, and historic resources in
the area of a proposed project.
``(2) Purpose.--The purpose of the checklist shall be to--
``(A) identify agencies of jurisdiction and
cooperating agencies;
``(B) develop the information needed for the
purpose and need and alternatives for analysis; and
``(C) improve interagency collaboration to help
expedite the permitting process for the lead agency and
agencies of jurisdiction.
``(d) Interagency Collaboration.--
``(1) In general.--Consistent with Federal environmental
statutes, the Secretary shall facilitate annual interagency
collaboration sessions at the appropriate jurisdictional level
to coordinate business plans and facilitate coordination of
workload planning and workforce management.
``(2) Purpose of collaboration sessions.--The interagency
collaboration sessions shall ensure that agency staff is--
``(A) fully engaged;
``(B) utilizing the flexibility of existing
regulations, policies, and guidance; and
``(C) identifying additional actions to facilitate
high quality, efficient, and targeted environmental
reviews and permitting decisions.
``(3) Focus of collaboration sessions.--The interagency
collaboration sessions, and the interagency collaborations
generated by the sessions, shall focus on methods to--
``(A) work with State and local transportation
entities to improve project planning, siting, and
application quality; and
``(B) consult and coordinate with relevant
stakeholders and Federal, tribal, State, and local
representatives early in permitting processes.
``(e) Performance Measurement.--Not later than 1 year after the
date of enactment of this section, the Secretary, in coordination with
relevant Federal agencies, shall establish a program to measure and
report on progress towards aligning Federal reviews as outlined in this
section.''.
(b) Conforming Amendment.--The analysis for chapter 3 of title 49,
United States Code, is amended by inserting after the item relating to
section 309 the following:
``310. Aligning Federal environmental reviews.''.
Subtitle D--Miscellaneous
SEC. 1401. TOLLING; HOV FACILITIES; INTERSTATE RECONSTRUCTION AND
REHABILITATION.
(a) Tolling.--Section 129(a) of title 23, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (B) by striking ``, bridge, or
tunnel'' each place it appears;
(B) in subparagraph (C) by striking ``, bridge, or
tunnel'' each place it appears;
(C) by striking subparagraph (G);
(D) by redesignating subparagraphs (H) and (I) as
subparagraphs (G) and (H); and
(E) in subparagraph (G) as redesignated--
(i) by inserting ``(HOV)'' after ``high
occupancy vehicle''; and
(ii) by inserting ``under section 166 of
this title'' after ``facility'';
(2) in paragraph (3)(A)--
(A) by striking ``shall use'' and inserting ``shall
ensure that''; and
(B) by inserting ``are used'' after ``toll
facility'' the second place it appears; and
(3) by striking paragraph (4) and redesignating paragraphs
(5) through (10) as paragraphs (4) through (9), respectively.
(b) HOV Facilities.--Section 166 of title 23, United States Code,
is amended--
(1) in subsection (a)(1)--
(A) by striking the paragraph heading and inserting
``authority of public authorities''; and
(B) by striking ``State agency'' and inserting
``public authority'';
(2) in subsection (b)--
(A) by striking ``State agency'' each place it
appears and inserting ``public authority'';
(B) in paragraph (3)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(iii) by inserting at the end the
following:
``(C) provides equal access for all public
transportation vehicles and over-the-road buses.''; and
(C) in paragraph (5)--
(i) in subparagraph (A) by striking
``2017'' and inserting ``2021''; and
(ii) in subparagraph (B) by striking
``2017'' and inserting ``2021'';
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Notwithstanding section 301, tolls may
be charged under paragraphs (4) and (5) of subsection (b),
subject to the requirements of section 129.'';
(B) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2); and
(C) by inserting after paragraph (2), as
redesignated, the following:
``(3) Exemption from tolls.--In levying tolls on a facility
under this section, a public authority may designate classes of
vehicles that are exempt from the tolls or charge different
toll rates for different classes of vehicles, if equal rates
are charged for all public transportation vehicles and over-
the-road buses, whether publicly or privately owned.'';
(4) in subsection (d)--
(A) by striking ``State agency'' each place it
appears and inserting ``public authority'';
(B) in paragraph (1)--
(i) by redesignating subparagraphs (D) and
(E) as subparagraphs (E) and (F), respectively;
(ii) by inserting after subparagraph (C)
the following:
``(D) Consultation of mpo.--If the facility is on
the Interstate System and located in a metropolitan
planning area established in accordance with section
134, consulting with the metropolitan planning
organization for the area concerning the placement and
amount of tolls on the facility.'';
(iii) in subparagraph (F), as
redesignated--
(I) by striking ``State'' the first
place it appears and inserting ``public
authority''; and
(II) by striking ``subparagraph
(D)'' and inserting ``subparagraph
(E)''; and
(iv) by adding at the end the following:
``(G) Waiver.--
``(i) In general.--Upon the request of a
public authority, the Secretary may waive the
requirements of subparagraph (E) for a
facility, and the corresponding program
sanctions under subparagraph (F), if the
Secretary determines that--
``(I) the waiver is in the best
interest of the traveling public; and
``(II) the public authority has
made a good faith effort to improve the
performance of the facility.
``(ii) Condition.--The Secretary may
require, as a condition of issuance of a waiver
under this subparagraph, that a public
authority take additional actions, determined
by the Secretary, to improve the performance of
the facility.''; and
(5) in subsection (f)--
(A) in paragraph (4)(B)(iii) by striking ``State
agency'' and inserting ``public authority''; and
(B) by striking paragraph (5) and inserting after
paragraph (4) the following:
``(5) Over-the-road bus.--The term `over-the-road bus'
means a vehicle as defined in section 301(5) of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12181(5)).
``(6) Public authority.--The term `public authority' as
used with respect to a HOV facility, means a State, interstate
compact of States, public entity designated by a State, or
local government having jurisdiction over the operation of the
facility.''.
(c) Interstate System Reconstruction and Rehabilitation Pilot
Program.--Section 1216(b) of the Transportation Equity Act for the 21st
Century (Public Law 105-178) is amended--
(1) in paragraph (4)--
(A) in subparagraph (D) by striking ``and'' at the
end;
(B) in subparagraph (E) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(F) the State has approved enabling legislation
required for the project to proceed.'';
(2) by redesignating paragraphs (6) through (8) as
paragraphs (8) through (10), respectively; and
(3) by inserting after paragraph (5) the following:
``(6) Requirements for project completion.--
``(A) General term for expiration of provisional
application.--An application provisionally approved by
the Secretary under this subsection shall expire 3
years after the date on which the application was
provisionally approved if the State has not--
``(i) submitted a complete application to
the Secretary that fully satisfies the
eligibility criteria under paragraph (3) and
the selection criteria under paragraph (4);
``(ii) completed the environmental review
and permitting process under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for the pilot project; and
``(iii) executed a toll agreement with the
Secretary.
``(B) Exceptions to expiration.--Notwithstanding
subparagraph (A), the Secretary may extend the
provisional approval for not more than 1 additional
year if the State demonstrates material progress toward
implementation of the project as evidenced by--
``(i) substantial progress in completing
the environmental review and permitting process
for the pilot project under the National
Environmental Policy Act of 1969;
``(ii) funding and financing commitments
for the pilot project;
``(iii) expressions of support for the
pilot project from State and local governments,
community interests, and the public; and
``(iv) submission of a facility management
plan pursuant to paragraph (3)(D).
``(C) Conditions for previously provisionally
approved applications.--A State with a provisionally
approved application for a pilot project as of the date
of enactment of the Surface Transportation
Reauthorization and Reform Act of 2015 shall have 1
year after such date of enactment to meet the
requirements of subparagraph (A) or receive an
extension from the Secretary under subparagraph (B), or
the application will expire.
``(7) Definition.--In this subsection, the term
`provisional approval' or `provisionally approved' means the
approval by the Secretary of a partial application under this
subsection, including the reservation of a slot in the pilot
program.''.
(d) Approval of Applications.--The Secretary may approve an
application submitted under section 1604(c) of SAFETEA-LU (Public Law
109-59; 119 Stat. 1253) if the application, or any part of the
application, was submitted before the deadline specified in section
1604(c)(8) of that Act.
SEC. 1402. PROHIBITION ON THE USE OF FUNDS FOR AUTOMATED TRAFFIC
ENFORCEMENT.
(a) Prohibition.--Except as provided in subsection (b), for fiscal
years 2016 through 2021, funds apportioned to a State under section
104(b)(3) of title 23, United States Code, may not be used to purchase,
operate, or maintain an automated traffic enforcement system.
(b) Exception.--Subsection (a) does not apply to an automated
traffic enforcement system located in a school zone.
(c) Automated Traffic Enforcement System Defined.--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.
SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE
INTOXICATED OR DRIVING UNDER THE INFLUENCE.
(a) In General.--Section 164(a)(4) of title 23, United States Code,
is amended--
(1) in the matter preceding subparagraph (A) by inserting
``, or a combination of State laws,'' after ``a State law'';
and
(2) by striking subparagraph (A) and inserting the
following:
``(A) receive, for not less than 1 year--
``(i) a suspension of all driving
privileges;
``(ii) a restriction on driving privileges
that limits the individual to operating only
motor vehicles with an ignition interlock
system installed (allowing for limited
exceptions for circumstances when the
individual is required to operate an employer's
motor vehicle in the course and scope of
employment and the business entity that owns
the vehicle is not owned or controlled by the
individual); or
``(iii) a combination of both clauses (i)
and (ii);''.
(b) Application.--The amendments made by this section shall apply
with respect to fiscal years beginning after the date of enactment of
this Act.
SEC. 1404. HIGHWAY TRUST FUND TRANSPARENCY AND ACCOUNTABILITY.
(a) In General.--Section 104 of title 23, United States Code, is
amended by striking subsection (g) and inserting the following:
``(g) Highway Trust Fund Transparency and Accountability Reports.--
``(1) Compilation of data.--The Secretary shall compile
data in accordance with this subsection on the use of Federal-
aid highway funds made available under this title.
``(2) Requirements.--The Secretary shall ensure that the
reports required under this subsection are made available in a
user-friendly manner on the public Internet Web site of the
Department and can be searched and downloaded by users of the
Web site.
``(3) Contents of reports.--
``(A) Apportioned and allocated programs.--On a
semiannual basis, the Secretary shall make available a
report on funding apportioned and allocated to the
States under this title that describes--
``(i) the amount of funding obligated by
each State, year-to-date, for the current
fiscal year;
``(ii) the amount of funds remaining
available for obligation by each State;
``(iii) changes in the obligated,
unexpended balance for each State, year-to-
date, during the current fiscal year, including
the obligated, unexpended balance at the end of
the preceding fiscal year and current fiscal
year expenditures;
``(iv) the amount and program category of
unobligated funding, year-to-date, available
for expenditure at the discretion of the
Secretary;
``(v) the rates of obligation on and off
the National Highway System, year-to-date, for
the current fiscal year of funds apportioned,
allocated, or set aside under this section,
according to--
``(I) program;
``(II) funding category or
subcategory;
``(III) type of improvement;
``(IV) State; and
``(V) sub-State geographical area,
including urbanized and rural areas, on
the basis of the population of each
such area; and
``(vi) the amount of funds transferred by
each State, year-to-date, for the current
fiscal year between programs under section 126.
``(B) Project data.--On an annual basis, the
Secretary shall make available a report that, to the
maximum extent possible, provides project-specific data
describing--
``(i) for all projects funded under this
title (excluding projects for which funds are
transferred to agencies other than the Federal
Highway Administration)--
``(I) the specific location of the
project;
``(II) the total cost of the
project;
``(III) the amount of Federal
funding obligated for the project;
``(IV) the program or programs from
which Federal funds have been obligated
for the project;
``(V) the type of improvement being
made; and
``(VI) the ownership of the highway
or bridge; and
``(ii) for any project funded under this
title (excluding projects for which funds are
transferred to agencies other than the Federal
Highway Administration) with an estimated total
cost as of the start of construction in excess
of $100,000,000, the data specified under
clause (i) and additional data describing--
``(I) whether the project is
located in an area of the State with a
population of--
``(aa) less than 5,000
individuals;
``(bb) 5,000 or more
individuals but less than
50,000 individuals;
``(cc) 50,000 or more
individuals but less than
200,000 individuals; or
``(dd) 200,000 or more
individuals;
``(II) the estimated cost of the
project as of the start of project
construction, or the revised cost
estimate based on a description of
revisions to the scope of work or other
factors affecting project cost other
than cost overruns; and
``(III) the amount of non-Federal
funds obligated for the project.''.
(b) Conforming Amendment.--Section 1503 of MAP-21 (23 U.S.C. 104
note; Public Law 112-141) is amended by striking subsection (c).
SEC. 1405. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.
(a) Identification of High Priority Corridors on National Highway
System.--Section 1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 is amended--
(1) by striking paragraph (13) and inserting the following:
``(13) Raleigh-Norfolk Corridor from Raleigh, North
Carolina, through Rocky Mount, Williamston, and Elizabeth City,
North Carolina, to Norfolk, Virginia.'';
(2) in paragraph (18)(D)--
(A) in clause (ii) by striking ``and'' at the end;
(B) in clause (iii) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) include Texas State Highway 44 from
United States Route 59 at Freer, Texas, to
Texas State Highway 358.'';
(3) by striking paragraph (68) and inserting the following:
``(68) The Washoe County Corridor and the Intermountain
West Corridor, which shall generally follow--
``(A) for the Washoe County Corridor, along
Interstate Route 580/United States Route 95/United
States Route 95A from Reno, Nevada, to Las Vegas,
Nevada; and
``(B) for the Intermountain West Corridor, from the
vicinity of Las Vegas, Nevada, north along United
States Route 95 terminating at Interstate Route 80.'';
and
(4) by adding at the end the following:
``(81) United States Route 117/Interstate Route 795 from
United States Route 70 in Goldsboro, Wayne County, North
Carolina, to Interstate Route 40 west of Faison, Sampson
County, North Carolina.
``(82) United States Route 70 from its intersection with
Interstate Route 40 in Garner, Wake County, North Carolina, to
the Port at Morehead City, Carteret County, North Carolina.
``(83) The Sonoran Corridor along State Route 410
connecting Interstate Route 19 and Interstate Route 10 south of
the Tucson International Airport.
``(84) The Central Texas Corridor commencing at the logical
terminus of Interstate Route 10, generally following portions
of United States Route 190 eastward, passing in the vicinity
Fort Hood, Killeen, Belton, Temple, Bryan, College Station,
Huntsville, Livingston, and Woodville, to the logical terminus
of Texas Highway 63 at the Sabine River Bridge at Burrs
Crossing.
``(85) Interstate Route 81 in New York from its
intersection with Interstate Route 86 to the United States-
Canadian border.
``(86) Interstate Route 70 from Denver, Colorado, to Salt
Lake City, Utah.
``(87) The Oregon 99W Newberg-Dundee Bypass Route between
Newberg, Oregon, and Dayton, Oregon.
``(88) Interstate Route 205 in Oregon from its intersection
with Interstate Route 5 to the Columbia River.''.
(b) Inclusion of Certain Route Segments on Interstate System.--
Section 1105(e)(5)(A) of the Intermodal Surface Transportation
Efficiency Act of 1991 is amended--
(1) by inserting ``subsection (c)(13),'' after ``subsection
(c)(9),'';
(2) by striking ``subsections (c)(18)'' and all that
follows through ``subsection (c)(36)'' and inserting
``subsection (c)(18), subsection (c)(20), subparagraphs (A) and
(B)(i) of subsection (c)(26), subsection (c)(36)''; and
(3) by striking ``and subsection (c)(57)'' and inserting
``subsection (c)(57), subsection (c)(68)(B), subsection
(c)(81), subsection (c)(82), and subsection (c)(83)''.
(c) Designation.--Section 1105(e)(5)(C)(i) of the Intermodal
Surface Transportation Efficiency Act of 1991 is amended by striking
the final sentence and inserting the following: ``The routes referred
to in subparagraphs (A) and (B)(i) of subsection (c)(26) and in
subsection (c)(68)(B) are designated as Interstate Route I-11. The
route referred to in subsection (c)(84) is designated as Interstate
Route I-14.''.
(d) Future Interstate Designation.--Section 119(a) of the SAFETEA-
LU Technical Corrections Act of 2008 is amended by striking ``and, as a
future Interstate Route 66 Spur, the Natcher Parkway in Owensboro,
Kentucky'' and inserting ``between Henderson, Kentucky, and Owensboro,
Kentucky, and, as a future Interstate Route 65 and 66 Spur, the William
H. Natcher Parkway between Bowling Green, Kentucky, and Owensboro,
Kentucky''.
SEC. 1406. FLEXIBILITY FOR PROJECTS.
(a) Authority.--With respect to projects eligible for funding under
title 23, United States Code, subject to subsection (b) and on request
by a State, the Secretary may--
(1) exercise all existing flexibilities under and
exceptions to--
(A) the requirements of title 23, United States
Code; and
(B) other requirements administered by the
Secretary, in whole or part; and
(2) otherwise provide additional flexibility or expedited
processing with respect to the requirements described in
paragraph (1).
(b) Maintaining Protections.--Nothing in this section--
(1) waives the requirements of section 113 or 138 of title
23, United States Code;
(2) supersedes, amends, or modifies--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) or any other Federal
environmental law; or
(B) any requirement of title 23 or title 49, United
States Code; or
(3) affects the responsibility of any Federal officer to
comply with or enforce any law or requirement described in this
subsection.
SEC. 1407. PRODUCTIVE AND TIMELY EXPENDITURE OF FUNDS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall develop guidance that encourages the
use of programmatic approaches to project delivery, expedited and
prudent procurement techniques, and other best practices to facilitate
productive, effective, and timely expenditure of funds for projects
eligible for funding under title 23, United States Code.
(b) Implementation.--The Secretary shall work with States to ensure
that any guidance developed under subsection (a) is consistently
implemented by States and the Federal Highway Administration to--
(1) avoid unnecessary delays in completing projects;
(2) minimize cost overruns; and
(3) ensure the effective use of Federal funding.
SEC. 1408. CONSOLIDATION OF PROGRAMS.
Section 1519(a) of MAP-21 (126 Stat. 574) is amended by striking
``From administrative funds'' and all that follows through ``shall be
made available'' and inserting ``For each of fiscal years 2016 through
2021, before making an apportionment under section 104(b)(3) of title
23, United States Code, the Secretary shall set aside, from amounts
made available to carry out the highway safety improvement program
under section 148 of such title for the fiscal year, $3,500,000''.
SEC. 1409. FEDERAL SHARE PAYABLE.
(a) Innovative Project Delivery Methods.--Section 120(c)(3)(A)(ii)
of title 23, United States Code, is amended by inserting ``engineering
or design approaches,'' after ``technologies,''.
(b) Emergency Relief.--Section 120(e)(2) of title 23, United States
Code, is amended by striking ``Federal land access transportation
facilities,'' and inserting ``other federally owned roads that are open
to public travel,''.
SEC. 1410. ELIMINATION OR MODIFICATION OF CERTAIN REPORTING
REQUIREMENTS.
(a) Fundamental Properties of Asphalts Report.--Section 6016(e) of
the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
2183) is repealed.
(b) Express Lanes Demonstration Program Reports.--Section
1604(b)(7)(B) of SAFETEA-LU (23 U.S.C. 129 note) is repealed.
SEC. 1411. TECHNICAL CORRECTIONS.
(a) Title 23.--Title 23, United States Code, is amended as follows:
(1) Section 150(c)(3)(B) is amended by striking the
semicolon at the end and inserting a period.
(2) Section 154(c) is amended--
(A) in paragraph (3)(A) by striking ``transferred''
and inserting ``reserved''; and
(B) in paragraph (5)--
(i) in the matter preceding subparagraph
(A) by inserting ``or released'' after
``transferred''; and
(ii) in subparagraph (A) by striking
``under section 104(b)(l)'' and inserting
``under section 104(b)(1)''.
(3) Section 164(b) is amended--
(A) in paragraph (3)(A) by striking ``transferred''
and inserting ``reserved''; and
(B) in paragraph (5) by inserting ``or released''
after ``transferred''.
(b) MAP-21.--Effective as of July 6, 2012, and as if included
therein as enacted, MAP-21 (Public Law 112-141) is amended as follows:
(1) Section 1109(a)(2) (126 Stat. 444) is amended by
striking ``fourth'' and inserting ``fifth''.
(2) Section 1203 (126 Stat. 524) is amended--
(A) in subsection (a) by striking ``Section 150 of
title 23, United States Code, is amended to read as
follows'' and inserting ``Title 23, United States Code,
is amended by inserting after section 149 the
following''; and
(B) in subsection (b) by striking ``by striking the
item relating to section 150 and inserting'' and
inserting ``by inserting after the item relating to
section 149''.
(3) Section 1313(a)(1) (126 Stat. 545) is amended to read
as follows:
``(1) in the section heading by striking `pilot'; and''.
(4) Section 1314(b) (126 Stat. 549) is amended--
(A) by inserting ``chapter 3 of'' after ``analysis
for''; and
(B) by inserting a period at the end of the matter
proposed to be inserted.
(5) Section 1519(c) (126 Stat. 575) is amended--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (4) through (12) as
paragraphs (3) through (11), respectively;
(C) in paragraph (7), as redesignated by
subparagraph (B) of this paragraph--
(i) by striking the period at the end of
the matter proposed to be struck; and
(ii) by adding a period at the end; and
(D) in paragraph (8)(A)(i)(I), as redesignated by
subparagraph (B) of this paragraph, by striking ``than
rail'' in the matter proposed to be struck and
inserting ``than on rail''.
(6) Section 1528 is amended--
(A) in subsection (b) by inserting ``(or a lower
percentage if so requested by a State with respect to a
project)'' after ``100 percent''; and
(B) in subsection (c) by inserting ``(or a lower
percentage if so requested by a State with respect to a
project)'' after ``100 percent''.
SEC. 1412. SAFETY FOR USERS.
(a) In General.--The Secretary shall encourage each State and
metropolitan planning organization to adopt standards for the design of
Federal surface transportation projects that provide for the safe and
adequate accommodation (as determined by the State) in all phases of
project planning, development, and operation, of all users of the
surface transportation network, including motorized and nonmotorized
users.
(b) Report.--Not later than 2 years after the date of enactment of
this section, the Secretary shall make available to the public a report
cataloging examples of State law or State transportation policy that
provides for the safe and adequate accommodation, in all phases of
project planning, development, and operation of all users of the
surface transportation network.
(c) Best Practices.--Based on the report required under subsection
(b), the Secretary shall identify and disseminate examples of best
practices where States have adopted measures that have successfully
provided for the safe and adequate accommodation of all users of the
transportation network in all phases of project development and
operation.
SEC. 1413. DESIGN STANDARDS.
(a) In General.--Section 109 of title 23, United States Code, is
amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``may take into account''
and inserting ``shall consider'';
(ii) in subparagraph (B) by striking
``and'' at the end;
(iii) by redesignating subparagraph (C) as
subparagraph (D); and
(iv) by inserting after subparagraph (B)
the following:
``(C) cost savings by utilizing flexibility that
exists in current design guidance and regulations;
and''; and
(B) in paragraph (2)--
(i) in subparagraph (C) by striking ``and''
at the end;
(ii) by redesignating subparagraph (D) as
subparagraph (F); and
(iii) by inserting after subparagraph (C)
the following:
``(D) the publication entitled `Highway Safety
Manual' of the American Association of State Highway
and Transportation Officials;
``(E) the publication entitled `Urban Street Design
Guide' of the National Association of City
Transportation Officials; and''; and
(2) in subsection (f) by inserting ``pedestrian walkways,''
after ``bikeways,''.
(b) Design Standard Flexibility.--Notwithstanding section 109(o) of
title 23, United States Code, a State may allow a local jurisdiction to
use a roadway design publication that is different from the roadway
design publication used by the State in which the local jurisdiction is
located for the design of a project on a roadway under the ownership of
the local jurisdiction (other than a highway on the Interstate System)
if--
(1) the local jurisdiction is a direct recipient of Federal
funds for the project;
(2) the roadway design publication--
(A) is recognized by the Federal Highway
Administration; and
(B) is adopted by the local jurisdiction; and
(3) the design complies with all other applicable Federal
laws.
SEC. 1414. RESERVE FUND.
(a) Limitation.--
(1) In general.--Notwithstanding funding, authorizations of
appropriations, and contract authority described in sections
1101, 1102, 3017, 4001, 5101, and 6002 of this Act, including
the amendments made by such sections, sections 125 and 147 of
title 23, United States Code, and section 5338(a) of title 49,
United States Code, no funding, authorization of
appropriations, and contract authority described in those
sections for fiscal years 2019 through 2021 shall exist unless
and only to the extent that a subsequent Act of Congress causes
additional monies to be deposited in the Highway Trust Fund.
(2) Administrative expenses.--The limitation on funds
provided in paragraph (1) shall not apply to--
(A) administrative expenses of the Federal Highway
Administration under sections 104(a) and 608(a)(6) of
title 23, United States Code;
(B) administrative expenses of the National Highway
Traffic Safety Administration under section 4001(a)(6)
of this Act;
(C) administrative expenses of the Federal Motor
Carrier Safety Administration under section 5103 of
this Act; and
(D) administrative expenses of the Federal Transit
Administration under section 5338(h) of title 49,
United States Code.
(b) Adjustments to Contract Authority.--
(1) In general.--Chapter 1 of title 23, United States Code,
is amended by inserting after section 104 the following:
``Sec. 105. Adjustments to contract authority
``(a) Calculation.--
``(1) In general.--The President shall include in each of
the fiscal year 2017 through 2021 budget submissions to
Congress under section 1105(a) of title 31, for each of the
Highway Account and the Mass Transit Account, a calculation of
the difference between--
``(A) the actual level of monies deposited in that
account for the most recently completed fiscal year;
and
``(B) the estimated level of receipts for that
account for the most recently completed fiscal year, as
specified in paragraph (2).
``(2) Estimate.--The estimated level of receipts specified
in this paragraph are--
``(A) for the Highway Account--
``(i) for fiscal year 2015,
$35,740,259,248;
``(ii) for fiscal year 2016,
$35,498,000,000;
``(iii) for fiscal year 2017,
$35,879,000,000;
``(iv) for fiscal year 2018,
$36,084,000,000; and
``(v) for fiscal year 2019,
$36,117,000,000; and
``(B) for the Mass Transit Account--
``(i) for fiscal year 2015, $5,048,527,972;
``(ii) for fiscal year 2016,
$5,020,000,000;
``(iii) for fiscal year 2017,
$5,024,000,000;
``(iv) for fiscal year 2018,
$5,011,000,000; and
``(v) for fiscal year 2019, $4,981,000,000.
``(3) Technical correction.--For purposes of paragraph
(1)(A), the term `actual level of monies deposited in that
account' shall not include funding of the Highway Trust Fund
provided by section 2002 of Public Law 114-41.
``(b) Adjustments to Contract Authority.--
``(1) Additional amounts.--If the difference determined in
a budget submission under subsection (a) for a fiscal year for
the Highway Account or the Mass Transit Account is greater than
zero, the Secretary shall on October 1 of the budget year of
that submission--
``(A) make available for programs authorized from
such account for the budget year a total amount equal
to--
``(i) the amount otherwise authorized to be
appropriated for such programs for such budget
year; plus
``(ii) an amount equal to such difference;
and
``(B) distribute the additional amount under
subparagraph (A)(ii) to each of such programs in
accordance with subsection (c).
``(2) Reduction.--If the difference determined in a budget
submission under subsection (a) for a fiscal year for the
Highway Account or the Mass Transit Account is less than zero,
the Secretary shall on October 1 of the budget year of that
submission--
``(A) make available for programs authorized from
such account for the budget year a total amount equal
to--
``(i) the amount otherwise authorized to be
appropriated for such programs for such budget
year; minus
``(ii) an amount equal to such difference;
and
``(B) apply the total adjustment under subparagraph
(A)(ii) to each of such programs in accordance with
subsection (c).
``(c) Distribution of Adjustment Among Programs.--
``(1) In general.--In making an adjustment for the Highway
Account or the Mass Transit Account for a budget year under
subsection (b), the Secretary shall--
``(A) determine the ratio that--
``(i) the amount authorized to be
appropriated for a program from the account for
the budget year; bears to
``(ii) the total amount authorized to be
appropriated for such budget year for all
programs under such account;
``(B) multiply the ratio determined under
subparagraph (A) by the applicable difference
calculated under subsection (a); and
``(C) adjust the amount that the Secretary would
otherwise have allocated for the program for such
budget year by the amount calculated under subparagraph
(B).
``(2) Formula programs.--For a program for which funds are
distributed by formula, the Secretary shall add or subtract the
adjustment to the amount authorized for the program but for
this section and make available the adjusted program amount for
such program in accordance with such formula.
``(3) Availability for obligation.--Adjusted amounts under
this subsection shall be available for obligation and
administered in the same manner as other amounts made available
for the program for which the amount is adjusted.
``(d) Exclusion of Emergency Relief Program and Covered
Administrative Expenses.--The Secretary shall exclude the emergency
relief program under section 125 and covered administrative expenses
from--
``(1) an adjustment of funding under subsection (c)(1); and
``(2) any calculation under subsection (b) or (c) related
to such an adjustment.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated from the appropriate account or accounts of the Highway
Trust Fund an amount equal to the amounts calculated under subsection
(a) for each of fiscal years 2017 through 2021.
``(f) Revision to Obligation Limitations.--
``(1) In general.--If the Secretary makes an adjustment
under subsection (b) for a fiscal year to an amount subject to
a limitation on obligations imposed by section 1102 or 3017 of
the Surface Transportation Reauthorization and Reform Act of
2015--
``(A) such limitation on obligations for such
fiscal year shall be revised by an amount equal to such
adjustment; and
``(B) the Secretary shall distribute such
limitation on obligations, as revised under
subparagraph (A), in accordance with such sections.
``(2) Exclusion of covered administrative expenses.--The
Secretary shall exclude covered administrative expenses from--
``(A) any calculation relating to a revision of a
limitation on obligations under paragraph (1)(A); and
``(B) any distribution of a revised limitation on
obligations under paragraph (1)(B).
``(g) Definitions.--In this section, the following definitions
apply:
``(1) Budget year.--The term `budget year' means the fiscal
year for which a budget submission referenced in subsection
(a)(1) is submitted.
``(2) Covered administrative expenses.--The term `covered
administrative expenses' means the administrative expenses of--
``(A) the Federal Highway Administration, as
authorized under section 104(a);
``(B) the National Highway Traffic Safety
Administration, as authorized under section 4001(a)(6)
of the Surface Transportation Reauthorization and
Reform Act of 2015; and
``(C) the Federal Motor Carrier Safety
Administration, as authorized under section 31110 of
title 49.
``(3) Highway account.--The term `Highway Account' means
the portion of the Highway Trust Fund that is not the Mass
Transit Account.
``(4) Mass transit account.--The term `Mass Transit
Account' means the Mass Transit Account of the Highway Trust
Fund established under section 9503(e)(1) of the Internal
Revenue Code of 1986.''.
(2) Clerical amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by inserting after the
item relating to section 104 the following:
``105. Adjustments to contract authority.''.
SEC. 1415. ADJUSTMENTS.
(a) In General.--On July 1, 2018, of the unobligated balances of
funds apportioned among the States under chapter 1 of title 23, United
States Code, a total of $6,000,000,000 is permanently rescinded.
(b) Exclusions From Rescission.--The rescission under subsection
(a) shall not apply to funds distributed in accordance with--
(1) sections 104(b)(3) and 130(f) of title 23, United
States Code;
(2) sections 133(d)(1)(A) of such title;
(3) the first sentence of section 133(d)(3)(A) of such
title, as in effect on the day before the date of enactment of
MAP-21 (Public Law 112-141);
(4) sections 133(d)(1) and 163 of such title, as in effect
on the day before the date of enactment of SAFETEA-LU (Public
Law 109-59); and
(5) section 104(b)(5) of such title, as in effect on the
day before the date of enactment of MAP-21 (Public Law 112-
141).
(c) Distribution Among States.--The amount to be rescinded under
this section from a State shall be determined by multiplying the total
amount of the rescission in subsection (a) by the ratio that--
(1) the unobligated balances subject to the rescission as
of September 30, 2017, for the State; bears to
(2) the unobligated balances subject to the rescission as
of September 30, 2017, for all States.
(d) Distribution Within Each State.--The amount to be rescinded
under this section from each program to which the rescission applies
within a State shall be determined by multiplying the required
rescission amount calculated under subsection (c) for such State by the
ratio that--
(1) the unobligated balance as of September 30, 2017, for
such program in such State; bears to
(2) the unobligated balances as of September 30, 2017, for
all programs to which the rescission applies in such State.
SEC. 1416. NATIONAL ELECTRIC VEHICLE CHARGING, HYDROGEN, PROPANE, AND
NATURAL GAS FUELING CORRIDORS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 150 the following:
``Sec. 151. National electric vehicle charging, hydrogen, propane, and
natural gas fueling corridors
``(a) In General.--Not later than 1 year after the date of
enactment of the Surface Transportation Reauthorization and Reform Act
of 2015, the Secretary shall designate national electric vehicle
charging, hydrogen, propane, and natural gas fueling corridors that
identify the near- and long-term need for, and location of, electric
vehicle charging infrastructure, hydrogen infrastructure, propane
fueling infrastructure, and natural gas fueling infrastructure at
strategic locations along major national highways to improve the
mobility of passenger and commercial vehicles that employ electric,
hydrogen fuel cell, propane, and natural gas fueling technologies
across the United States.
``(b) Designation of Corridors.--In designating the corridors under
subsection (a), the Secretary shall--
``(1) solicit nominations from State and local officials
for facilities to be included in the corridors;
``(2) incorporate existing electric vehicle charging
stations, hydrogen fueling stations, propane fueling stations,
and natural gas fueling corridors designated by a State or
group of States; and
``(3) consider the demand for, and location of, existing
electric vehicle charging stations, hydrogen fueling stations,
propane fueling stations, and natural gas fueling
infrastructure.
``(c) Stakeholders.--In designating corridors under subsection (a),
the Secretary shall involve, on a voluntary basis, stakeholders that
include--
``(1) the heads of other Federal agencies;
``(2) State and local officials;
``(3) representatives of--
``(A) energy utilities;
``(B) the electric, fuel cell electric, propane,
and natural gas vehicle industries;
``(C) the freight and shipping industry;
``(D) clean technology firms;
``(E) the hospitality industry;
``(F) the restaurant industry;
``(G) highway rest stop vendors; and
``(H) industrial gas and hydrogen manufacturers;
and
``(4) such other stakeholders as the Secretary determines
to be necessary.
``(d) Redesignation.--Not later than 5 years after the date of
establishment of the corridors under subsection (a), and every 5 years
thereafter, the Secretary shall update and redesignate the corridors.
``(e) Report.--During designation and redesignation of the
corridors under this section, the Secretary shall issue a report that--
``(1) identifies electric vehicle charging infrastructure,
hydrogen infrastructure, propane fueling infrastructure, and
natural gas fueling infrastructure and standardization needs
for electricity providers, industrial gas providers, natural
gas providers, infrastructure providers, vehicle manufacturers,
electricity purchasers, and natural gas purchasers; and
``(2) establishes an aspirational goal of achieving
strategic deployment of electric vehicle charging
infrastructure, hydrogen infrastructure, propane fueling
infrastructure, and natural gas fueling infrastructure in those
corridors by the end of fiscal year 2021.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 150 the following:
``151. National electric vehicle charging, hydrogen, propane, and
natural gas fueling corridors.''.
(c) Operation of Battery Recharging Stations in Parking Areas Used
by Federal Employees.--
(1) Authorization.--
(A) In general.--The Administrator of General
Services may install, construct, operate, and maintain
on a reimbursable basis a battery recharging station in
a parking area that is in the custody, control, or
administrative jurisdiction of the General Services
Administration for the use of only privately owned
vehicles of employees of the General Services
Administration, tenant Federal agencies, and others who
are authorized to park in such area to the extent such
use by only privately owned vehicles does not interfere
with or impede access to the equipment by Federal fleet
vehicles.
(B) Delegation.--The Administrator of General
Services may install, construct, operate, and maintain
on a reimbursable basis a battery recharging station in
a parking area that is in the custody, control, or
administrative jurisdiction of another Federal agency,
at the request of such agency, or delegate such
authority to another Federal agency to the extent such
use by only privately owned vehicles does not interfere
with or impede access to the equipment by Federal fleet
vehicles.
(C) Use of vendors.--The Administrator of General
Services, with respect to subparagraphs (A) and (B), or
the head of a Federal agency delegated authority, with
respect to subparagraph (B), may carry such
subparagraph through a contract with a vendor, under
such terms and conditions (including terms relating to
the allocation between the Federal agency and the
vendor of the costs of carrying out the contract) as
the Administrator or the head of the Federal agency, as
the case may be, and the vendor may agree to.
(2) Imposition of fees to cover costs.--
(A) Fees.--The Administrator of General Services or
the head of the Federal agency delegated authority
under paragraph (1)(B) shall charge fees to the
individuals who use the battery recharging station in
such amount as is necessary to ensure that the
respective agency recovers all of the costs such agency
incurs in installing, constructing, operating, and
maintaining the station.
(B) Deposit and availability of fees.--Any fees
collected by the Administrator of General Services or
the Federal agency, as the case may be, under this
paragraph shall be--
(i) deposited monthly in the Treasury to
the credit of the respective agency's
appropriations account for the operations of
the building where the battery recharging
station is located; and
(ii) available for obligation without
further appropriation during--
(I) the fiscal year collected; and
(II) the fiscal year following the
fiscal year collected.
(3) No effect on existing programs for house and senate.--
Nothing in this subsection may be construed to affect the
installation, construction, operation, or maintenance of
battery recharging stations by the Architect of the Capitol--
(A) under Public Law 112-170 (2 U.S.C. 2171),
relating to employees of the House of Representatives
and individuals authorized to park in any parking area
under the jurisdiction of the House of Representatives
on the Capitol Grounds; or
(B) under Public Law 112-167 (2 U.S.C. 2170),
relating to employees of the Senate and individuals
authorized to park in any parking area under the
jurisdiction of the Senate on the Capitol Grounds.
(4) No effect on similar authorities.--Nothing in this
subsection may be construed as repealing or limiting any
existing authorities of a Federal agency to install, construct,
operate, or maintain battery recharging stations.
(5) Annual report to congress.--Not later than 2 years
after the date of enactment of this Act, and annually
thereafter for 10 years, the Administrator of General Services
shall submit to the House Committee on Transportation and
Infrastructure and the Senate Committee on Environment and
Public Works a report describing--
(A) the number of battery recharging stations
installed by the Administrator on its own initiative
under this subsection;
(B) requests from other Federal agencies to install
battery recharging stations;
(C) delegations of authority to other Federal
agencies under this subsection; and
(D) the status and disposition of requests from
other Federal agencies.
(6) Federal agency defined.--In this subsection, the term
``Federal agency'' has the meaning given that term in section
102 of title 40, United States Code.
(7) Effective date.--This subsection shall apply with
respect to fiscal year 2016 and each succeeding fiscal year.
SEC. 1417. FERRIES.
Section 147 of title 23, United States Code, is amended by adding
at the end the following:
``(h) Redistribution of Unobligated Amounts.--The Secretary shall--
``(1) withdraw amounts allocated to eligible entities under
this section that remain unobligated by the end of the third
fiscal year following the fiscal year for which the amounts
were allocated; and
``(2) in the fiscal year beginning after a fiscal year in
which a withdrawal is made under paragraph (1), redistribute
the funds withdrawn, in accordance with the formula specified
under subsection (d), among eligible entities with respect to
which no amounts were withdrawn under paragraph (1).''.
SEC. 1418. STUDY ON PERFORMANCE OF BRIDGES.
(a) In General.--Subject to subsection (c), the Administrator of
the Federal Highway Administration shall commission the Transportation
Research Board of the National Academy of Sciences to conduct a study
on the performance of bridges that are at least 15 years old and
received funding under the innovative bridge research and construction
program (in this section referred to as the ``program'') under section
503(b) of title 23, United States Code (as in effect on the day before
the date of enactment of SAFETEA-LU (Public Law 109-59) in meeting the
goals of that program, which included--
(1) the development of new, cost-effective innovative
material highway bridge applications;
(2) the reduction of maintenance costs and lifecycle costs
of bridges, including the costs of new construction,
replacement, or rehabilitation of deficient bridges;
(3) the development of construction techniques to increase
safety and reduce construction time and traffic congestion;
(4) the development of engineering design criteria for
innovative products and materials for use in highway bridges
and structures;
(5) the development of cost-effective and innovative
techniques to separate vehicle and pedestrian traffic from
railroad traffic;
(6) the development of highway bridges and structures that
will withstand natural disasters, including alternative
processes for the seismic retrofit of bridges; and
(7) the development of new nondestructive bridge evaluation
technologies and techniques.
(b) Contents.--The study commissioned under subsection (a) shall
include--
(1) an analysis of the performance of bridges that received
funding under the program in meeting the goals described in
paragraphs (1) through (7) of subsection (a);
(2) an analysis of the utility, compared to conventional
materials and technologies, of each of the innovative materials
and technologies used in projects for bridges under the program
in meeting the needs of the United States in 2015 and in the
future for a sustainable and low lifecycle cost transportation
system;
(3) recommendations to Congress on how the installed and
lifecycle costs of bridges could be reduced through the use of
innovative materials and technologies, including, as
appropriate, any changes in the design and construction of
bridges needed to maximize the cost reductions; and
(4) a summary of any additional research that may be needed
to further evaluate innovative approaches to reducing the
installed and lifecycle costs of highway bridges.
(c) Public Comment.--Before commissioning the study under
subsection (a), the Administrator shall provide an opportunity for
public comment on the study proposal.
(d) Data From States.--Each State that received funds under the
program shall provide to the Transportation Research Board any relevant
data needed to carry out the study commissioned under subsection (a).
(e) Deadline.--The Administrator shall submit to Congress a report
on the results of the study commissioned under subsection (a) not later
than 3 years after the date of enactment of this Act.
SEC. 1419. RELINQUISHMENT OF PARK-AND-RIDE LOT FACILITIES.
A State transportation agency may relinquish park-and-ride lot
facilities or portions of park-and-ride lot facilities to a local
government agency for highway purposes if authorized to do so under
State law if the agreement providing for the relinquishment provides
that--
(1) rights-of-way on the Interstate System will remain
available for future highway improvements; and
(2) modifications to the facilities that could impair the
highway or interfere with the free and safe flow of traffic are
subject to the approval of the Secretary.
SEC. 1420. PILOT PROGRAM.
(a) In General.--The Secretary may establish a pilot program that
allows a State to utilize innovative approaches to maintain the right-
of-way of Federal-aid highways within such State.
(b) Limitation.--A pilot program established under subsection (a)
shall--
(1) terminate after not more than 6 years;
(2) include not more than 5 States; and
(3) be subject to guidelines published by the Secretary.
(c) Report.--If the Secretary establishes a pilot program under
subsection (a), the Secretary shall, not more than 1 year after the
completion of the pilot program, 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 pilot program.
SEC. 1421. INNOVATIVE PROJECT DELIVERY EXAMPLES.
Section 120(c)(3)(B) of title 23, United States Code, is amended--
(1) in clause (iv) by striking ``or'' at the end;
(2) by redesignating clause (v) as clause (vi); and
(3) by inserting after clause (iv) the following:
``(v) innovative pavement materials that
have a demonstrated life cycle of 75 or more
years, are manufactured with reduced greenhouse
gas emissions, and reduce construction-related
congestion by rapidly curing; or''.
SEC. 1422. ADMINISTRATIVE PROVISIONS TO ENCOURAGE POLLINATOR HABITAT
AND FORAGE ON TRANSPORTATION RIGHTS-OF-WAY.
(a) In General.--Section 319 of title 23, United States Code, is
amended--
(1) in subsection (a) by inserting ``(including the
enhancement of habitat and forage for pollinators)'' before
``adjacent''; and
(2) by adding at the end the following:
``(c) Encouragement of Pollinator Habitat and Forage Development
and Protection on Transportation Rights-of-Way.--In carrying out any
program administered by the Secretary under this title, the Secretary
shall, in conjunction with willing States, as appropriate--
``(1) encourage integrated vegetation management practices
on roadsides and other transportation rights-of-way, including
reduced mowing; and
``(2) encourage the development of habitat and forage for
Monarch butterflies, other native pollinators, and honey bees
through plantings of native forbs and grasses, including
noninvasive, native milkweed species that can serve as
migratory way stations for butterflies and facilitate
migrations of other pollinators.''.
(b) Provision of Habitat, Forage, and Migratory Way Stations for
Monarch Butterflies, Other Native Pollinators, and Honey Bees.--Section
329(a)(1) of title 23, United States Code, is amended by inserting
``provision of habitat, forage, and migratory way stations for Monarch
butterflies, other native pollinators, and honey bees,'' before ``and
aesthetic enhancement''.
SEC. 1423. MILK PRODUCTS.
Section 127(a) of title 23, United States Code, is amended by
adding at the end the following:
``(13) Milk products.--A vehicle carrying fluid milk
products shall be considered a load that cannot be easily
dismantled or divided.''.
SEC. 1424. INTERSTATE WEIGHT LIMITS FOR EMERGENCY VEHICLES.
Section 127(a) of title 23, United States Code, as amended by this
Act, is further amended by adding at the end the following:
``(14) Emergency vehicles.--
``(A) In general.--With respect to an emergency
vehicle, the following weight limits shall apply in
lieu of the maximum and minimum weight limits specified
in this subsection:
``(i) 24,000 pounds on a single steering
axle.
``(ii) 33,500 pounds on a single drive
axle.
``(iii) 62,000 pounds on a tandem axle.
``(iv) A maximum gross vehicle weight of
86,000 pounds.
``(B) Emergency vehicle defined.--In this
paragraph, the term `emergency vehicle' means a vehicle
designed--
``(i) to be used under emergency conditions
to transport personnel and equipment; and
``(ii) to support the suppression of fires
and mitigation of other hazardous
situations.''.
SEC. 1425. VEHICLE WEIGHT LIMITATIONS--INTERSTATE SYSTEM.
Section 127 of title 23, United States Code, is amended by adding
at the end the following:
``(m) Covered Heavy-Duty Tow and Recovery Vehicles.--
``(1) In general.--The vehicle weight limitations set forth
in this section do not apply to a covered heavy-duty tow and
recovery vehicle.
``(2) Covered heavy-duty tow and recovery vehicle
defined.--In this subsection, the term `covered heavy-duty tow
and recovery vehicle' means a vehicle that--
``(A) is transporting a disabled vehicle from the
place where the vehicle became disabled to the nearest
appropriate repair facility; and
``(B) has a gross vehicle weight that is equal to
or exceeds the gross vehicle weight of the disabled
vehicle being transported.
``(n) Operation of Vehicles on Certain Texas Highways.--If any
segment in Texas of United States Route 59, United States Route 77,
United States Route 281, United States Route 84, Texas State Highway
44, or another roadway is designated as Interstate Route 69, a vehicle
that could operate legally on that segment before the date of such
designation may continue to operate on that segment, without regard to
any requirement under this section.
``(o) Certain Logging Vehicles in Wisconsin.--
``(1) In general.--The Secretary shall waive, with respect
to a covered logging vehicle, the application of any vehicle
weight limit established under this section.
``(2) Covered logging vehicle defined.--In this subsection,
the term `covered logging vehicle' means a vehicle that--
``(A) is transporting raw or unfinished forest
products, including logs, pulpwood, biomass, or wood
chips;
``(B) has a gross vehicle weight of not more than
98,000 pounds;
``(C) has not less than 6 axles; and
``(D) is operating on a segment of Interstate Route
39 in Wisconsin from mile marker 175.8 to mile marker
189.''.
SEC. 1426. NEW NATIONAL GOAL, PERFORMANCE MEASURE, AND PERFORMANCE
TARGET.
(a) National Goal.--Section 150(b) of title 23, United States Code,
is amended by adding at the end the following:
``(8) Integrated economic development.--To improve road
conditions in economically distressed urban communities and
increase access to jobs, markets, and economic opportunities
for people who live in such communities.''.
(b) Performance Measure.--Section 150(c) of such title is amended
by adding at the end the following:
``(7) Integrated economic development.--The Secretary shall
establish measures for States to use to assess the conditions,
accessibility, and reliability of roads in economically
distressed urban communities.''.
(c) Performance Target.--Section 150(d)(1) of such title is amended
by striking ``and (6)'' and inserting ``(6), and (7)''.
SEC. 1427. SERVICE CLUB, CHARITABLE ASSOCIATION, OR RELIGIOUS SERVICE
SIGNS.
Notwithstanding section 131 of title 23, United States Code, and
part 750 of title 23, Code of Federal Regulations (or successor
regulations), a State may allow the maintenance of a sign of a service
club, charitable association, or religious service that was erected as
of the date of enactment of this Act and the area of which is less than
or equal to 32 square feet, if the State notifies the Federal Highway
Administration.
SEC. 1428. WORK ZONE AND GUARD RAIL SAFETY TRAINING.
(a) In General.--Section 1409 of SAFETEA-LU (23 U.S.C. 401 note) is
amended--
(1) by striking the section heading and inserting ``work
zone and guard rail safety training''; and
(2) in subsection (b) by adding at the end the following:
``(4) Development, updating, and delivery of training
courses on guard rail installation, maintenance, and
inspection.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by striking the item relating to section 1409 and
inserting the following:
``Sec. 1409. Work zone and guard rail safety training.''.
SEC. 1429. MOTORCYCLIST ADVISORY COUNCIL.
(a) In General.--The Secretary, acting through the Administrator of
the Federal Highway Administration, and in consultation with the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate, shall appoint a Motorcyclist Advisory Council to coordinate
with and advise the Administrator on infrastructure issues of concern
to motorcyclists, including--
(1) barrier design;
(2) road design, construction, and maintenance practices;
and
(3) the architecture and implementation of intelligent
transportation system technologies.
(b) Composition.--The Council shall consist of not more than 10
members of the motorcycling community with professional expertise in
national motorcyclist safety advocacy, including--
(1) at least--
(A) 1 member recommended by a national motorcyclist
association;
(B) 1 member recommended by a national motorcycle
riders foundation;
(C) 1 representative of the National Association of
State Motorcycle Safety Administrators;
(D) 2 members of State motorcyclists'
organizations;
(E) 1 member recommended by a national organization
that represents the builders of highway infrastructure;
(F) 1 member recommended by a national association
that represents the traffic safety systems industry;
and
(G) 1 member of a national safety organization; and
(2) at least 1, but not more than 2, motorcyclists who are
traffic system design engineers or State transportation
department officials.
SEC. 1430. IMPROVEMENT OF DATA COLLECTION ON CHILD OCCUPANTS IN VEHICLE
CRASHES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall revise the crash investigation data
collection system of the National Highway Traffic Safety Administration
to include the collection of the following data in connection with
vehicle crashes whenever a child restraint system was in use in a
vehicle involved in a crash:
(1) The type or types of child restraint systems in use
during the crash in any vehicle involved in the crash,
including whether a five-point harness or belt-positioning
booster.
(2) If a five-point harness child restraint system was in
use during the crash, whether the child restraint system was
forward-facing or rear-facing in the vehicle concerned.
(b) Consultation.--In implementing subsection (a), the Secretary
shall work with law enforcement officials, safety advocates, the
medical community, and research organizations to improve the
recordation of data described in subsection (a) in police and other
applicable incident reports.
(c) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on child occupant
crash data collection in the crash investigation data collection system
of the National Highway Traffic Safety Administration pursuant to the
revision required by subsection (a).
SEC. 1431. HIGHWAY WORK ZONES.
It is the sense of the House of Representatives that the Federal
Highway Administration should--
(1) do all within its power to protect workers in highway
work zones; and
(2) move rapidly to finalize regulations, as directed in
section 1405 of MAP-21 (126 Stat. 560), to protect the lives
and safety of construction workers in highway work zones from
vehicle intrusions.
SEC. 1432. STUDY ON STATE PROCUREMENT OF CULVERT AND STORM SEWER
MATERIALS.
(a) In General.--The Secretary shall evaluate the methods in which
States procure culvert and storm sewer materials and the impact of
those methods on project costs, including the extent to which such
methods take into account environmental principles, engineering
principles, and the varying needs of projects based on geographic
location.
(b) Report.--Not later than 1 year 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 findings of
the study conducted under subsection (a).
SEC. 1433. USE OF DURABLE, RESILIENT, AND SUSTAINABLE MATERIALS AND
PRACTICES.
To the extent practicable, the Secretary shall encourage the use of
durable, resilient, and sustainable materials and practices, including
the use of geosynthetic materials and other innovative technologies, in
carrying out the activities of the Federal Highway Administration.
SEC. 1434. STRATEGY TO ADDRESS STRUCTURALLY DEFICIENT BRIDGES.
The Secretary shall develop a comprehensive strategy to address
structurally deficient and functionally obsolete bridges, as defined by
the National Bridge Inventory, to identify the unique challenges posed
by bridges in each of these respective categories, and to address such
separate challenges and improve the condition of such bridges. Not
later than 180 days after the date of enactment of this Act, the
Secretary shall transmit a report containing initial recommendations to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate. Not later than 1 year after such date of
enactment, the Secretary shall transmit to such committees the final
strategy required by this section.
SEC. 1435. SENSE OF CONGRESS.
It is the sense of Congress that the Nation's engineering industry
continues to provide critical technical expertise, innovation, and
local knowledge to Federal and State agencies in order to efficiently
deliver surface transportation projects to the public, and Congress
recognizes the valuable contributions made by the Nation's engineering
industry and urges the Secretary to reinforce those partnerships by
encouraging State and local agencies to take full advantage of
engineering industry capabilities to strengthen project performance,
improve domestic competitiveness, and create jobs.
SEC. 1436. IDENTIFICATION OF ROADSIDE HIGHWAY SAFETY HARDWARE DEVICES.
(a) Study.--The Secretary shall conduct a study on methods for
identifying roadside highway safety hardware devices to improve the
data collected on the devices, as necessary for in-service evaluation
of the devices.
(b) Contents.--In conducting the study, the Secretary shall
evaluate identification methods based on the ability of the method to--
(1) convey information on the devices, including
manufacturing date, factory of origin, product brand, and
model;
(2) withstand roadside conditions; and
(3) connect to State and regional inventories of similar
devices.
(c) Identification Methods.--The identification methods to be
studied under this section include stamped serial numbers, radio-
frequency identification, and such other methods as the Secretary
determines appropriate.
(d) Report to Congress.--Not later than January 1, 2018, the
Secretary shall submit to Congress a report on the results of the
study.
SEC. 1437. USE OF MODELING AND SIMULATION TECHNOLOGY.
It is the sense of Congress that the Department should utilize, to
the fullest and most economically feasible extent practicable, modeling
and simulation technology to analyze highway and public transportation
projects authorized by this Act to ensure that these projects--
(1) will increase transportation capacity and safety,
alleviate congestion, and reduce travel time and environmental
impacts; and
(2) are as cost effective as practicable.
SEC. 1438. NATIONAL ADVISORY COMMITTEE ON TRAVEL AND TOURISM
INFRASTRUCTURE.
(a) Findings.--Congress finds that--
(1) 1 out of every 9 jobs in the United States depends on
travel and tourism, and the industry supports 15,000,000 jobs
in the United States;
(2) the travel and tourism industry employs individuals in
all 50 States, the District of Columbia, and all of the
territories of the United States;
(3) international travel to the United States is the single
largest export industry in the Nation, generating a trade
surplus balance of approximately $74,000,000,000;
(4) travel and tourism provide significant economic
benefits to the United States by generating nearly
$2,100,000,000,000 in annual economic output; and
(5) the United States intermodal transportation network
facilitates the large-scale movement of business and leisure
travelers, and is the most important asset of the travel
industry.
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish an advisory
committee to be known as the National Advisory Committee on Travel and
Tourism Infrastructure (in this section referred to as the
``Committee'') to provide information, advice, and recommendations to
the Secretary on matters relating to the role of intermodal
transportation in facilitating mobility related to travel and tourism
activities.
(c) Membership.--The Committee shall--
(1) be composed of members appointed by the Secretary for
terms of not more than 3 years; and
(2) include a representative cross-section of public and
private sector stakeholders involved in the travel and tourism
industry, including representatives of--
(A) the travel and tourism industry, product and
service providers, and travel and tourism-related
associations;
(B) travel, tourism, and destination marketing
organizations;
(C) the travel and tourism-related workforce;
(D) State tourism offices;
(E) Sate departments of transportation;
(F) regional and metropolitan planning
organizations; and
(G) local governments.
(d) Role of Committee.--The Committee shall--
(1) advise the Secretary on current and emerging
priorities, issues, projects, and funding needs related to the
use of the Nation's intermodal transportation network to
facilitate travel and tourism;
(2) serve as a forum for discussion for travel and tourism
stakeholders on transportation issues affecting interstate and
interregional mobility of passengers;
(3) promote the sharing of information between the private
and public sectors on transportation issues impacting travel
and tourism;
(4) gather information, develop technical advise, and make
recommendations to the Secretary on policies that improve the
condition and performance of an integrated national
transportation system that is safe, economical, and efficient,
and that maximizes the benefits to the Nation generated through
the United States travel and tourism industry;
(5) identify critical transportation facilities and
corridors that facilitate and support the interstate and
interregional transportation of passengers for tourism,
commercial, and recreational activities;
(6) provide for development of measures of condition,
safety, and performance for transportation related to travel
and tourism;
(7) provide for development of transportation investment,
data, and planning tools to assist Federal, State, and local
officials in making investment decisions relating to
transportation projects that improve travel and tourism; and
(8) address other issues of transportation policy and
programs impacting the movement of travelers for tourism and
recreational purposes, including by making legislative
recommendations.
(e) National Travel and Tourism Infrastructure Strategic Plan.--
(1) Initial development of national travel and tourism
infrastructure strategic plan.--Not later than 3 years after
the date of enactment of this act, the Secretary shall, in
consultation with the Committee, State departments of
transportation, and other appropriate public and private
transportation stakeholders, develop and post on the
Department's public Internet Web site a national travel and
tourism infrastructure strategic plan that includes--
(A) an assessment of the condition and performance
of the national transportation network;
(B) an identification of the issues on the national
transportation network that create significant
congestion problems and barriers to long-haul passenger
travel and tourism,
(C) forecasts of long-haul passenger travel and
tourism volumes for the 20-year period beginning in the
year during which the plan is issued;
(D) an identification of the major transportation
facilities and corridors for current and forecasted
long-haul travel and tourism volumes, the
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 long-haul passenger travel
performance (including opportunities for overcoming the
barriers);
(F) best practices for improving the performance of
the national transportation network; and
(G) strategies to improve intermodal connectivity
for long-haul passenger travel and tourism.
SEC. 1439. REGULATION OF MOTOR CARRIERS OF PROPERTY.
Section 14501(c)(2)(C) of title 49, United States Code, is amended
by striking ``the price of'' and all that follows through
``transportation is'' and inserting ``the regulation of tow truck
operations''.
SEC. 1440. EMERGENCY EXEMPTIONS.
Any road, highway, railway, bridge, or transit facility that is
damaged by an emergency that is declared by the Governor of the State
and concurred in by the Secretary of Homeland Security or declared as
an emergency by the President pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
and that is in operation or under construction on the date on which the
emergency occurs--
(1) may be reconstructed in the same location with the same
capacity, dimensions, and design as before the emergency; and
(2) shall be exempt from any environmental reviews,
approvals, licensing, and permit requirements under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) sections 402 and 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1342, 1344);
(C) division A of subtitle III of title 54, United
States Code;
(D) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.);
(E) the Wild and Scenic Rivers Act (16 U.S.C. 1271
et seq.);
(F) the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.);
(G) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), except when the reconstruction occurs in
designated critical habitat for threatened and
endangered species;
(H) Executive Order 11990 (42 U.S.C. 4321 note;
relating to the protection of wetland); and
(I) any Federal law (including regulations)
requiring no net loss of wetland.
SEC. 1441. PROGRAM TO ASSIST VETERANS TO ACQUIRE COMMERCIAL DRIVER'S
LICENSES.
Not later than 1 year after the date of enactment of this Act, the
Secretary, in coordination with the Secretary of Defense, shall fully
implement the recommendations contained in the report submitted under
section 32308 of MAP-21 (49 U.S.C. 31301 note).
SEC. 1442. OPERATION OF CERTAIN SPECIALIZED VEHICLES ON CERTAIN
HIGHWAYS IN THE STATE OF ARKANSAS.
If any segment of United States Route 63 between the exits for
highways 14 and 75 in the State of Arkansas is designated as part of
the Interstate System, the single axle weight, tandem axle weight,
gross vehicle weight, and bridge formula limits under section 127(a) of
title 23, United States Code, and the width limitation under section
31113(a) of title 49, United States Code, shall not apply to that
segment with respect to the operation of any vehicle that may have
legally operated on that segment before the date of the designation.
SEC. 1443. PROJECTS FOR PUBLIC SAFETY RELATING TO IDLING TRAINS.
Section 130(a) of title 23, United States Code, is amended by
striking ``and the relocation of highways to eliminate grade
crossings'' and inserting ``the relocation of highways to eliminate
grade crossings, and projects to eliminate hazards posed by blocked
grade crossings due to idling trains''.
SEC. 1444. EXEMPTIONS FROM REQUIREMENTS FOR CERTAIN WELDING TRUCKS USED
IN PIPELINE INDUSTRY.
(a) Covered Motor Vehicle Defined.--In this section, the term
``covered motor vehicle'' means a motor vehicle that--
(1) is traveling in the State in which the vehicle is
registered or another State;
(2) is owned by a welder;
(3) is a pick-up style truck;
(4) is equipped with a welding rig that is used in the
construction or maintenance of pipelines; and
(5) has a gross vehicle weight and combination weight
rating and weight of 15,000 pounds or less.
(b) Federal Requirements.--A covered motor vehicle, including the
individual operating such vehicle and the employer of such individual,
shall be exempt from the following:
(1) Any requirement relating to registration as a motor
carrier, including the requirement to obtain and display a
Department of Transportation number, established under chapters
139 and 311 of title 49, United States Code.
(2) Any requirement relating to driver qualifications
established under chapter 311 of title 49, United States Code.
(3) Any requirement relating to driving of commercial motor
vehicles established under chapter 311 of title 49, United
States Code.
(4) Any requirement relating to parts and accessories and
inspection, repair, and maintenance of commercial motor
vehicles established under chapter 311 of title 49, United
States Code.
(5) Any requirement relating to hours of service of
drivers, including maximum driving and on duty time,
established under chapter 315 of title 49, United States Code.
SEC. 1445. WAIVER.
(a) In General.--The Secretary shall waive, for a covered logging
vehicle, the application of any vehicle weight limit established under
section 127 of title 23, United States Code.
(b) Covered Logging Vehicle Defined.--In this section, the term
``covered logging vehicle'' means a vehicle that--
(1) is transporting raw or unfinished forest products,
including logs, pulpwood, biomass, or wood chips;
(2) has a gross vehicle weight of not more than 99,000
pounds;
(3) has not less than 6 axles; and
(4) is operating on a segment of Interstate Route 35 in
Minnesota from mile marker 235.4 to mile marker 259.552.
SEC. 1446. FEDERAL AUTHORITY.
(a) In General.--Section 14501(c) of title 49, United States Code,
is amended--
(1) in paragraph (1), by striking ``paragraphs (2) and
(3)'' and inserting ``paragraphs (3) and (4)'';
(2) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6) respectively;
(3) by inserting after paragraph (1) the following:
``(2) Additional limitations.--
``(A) A State, political subdivision of a State, or
political authority of 2 or more States may not enact
or enforce a law, regulation, or other provision having
the force and effect of law prohibiting employees whose
hours of service are subject to regulation by the
Secretary under section 31502 from working to the full
extent permitted or at such times as permitted under
such section, or imposing any additional obligations on
motor carriers if such employees work to the full
extent or at such times as permitted under such
section, including any related activities regulated
under part 395 of title 49, Code of Federal
Regulations.
``(B) A State, political subdivision of a State, or
political authority of 2 or more States may not enact
or enforce a law, regulation, or other provision having
the force and effect of law that requires a motor
carrier that compensates employees on a piece-rate
basis to pay those employees separate or additional
compensation, provided that the motor carrier pays the
employee a total sum that when divided by the total
number of hours worked during the corresponding work
period is equal to or greater than the applicable
hourly minimum wage of the State, political subdivision
of the State, or political authority of 2 or more
States.
``(C) Nothing in this paragraph shall be construed
to limit the provisions of paragraph (1).''.
(4) in paragraph (3) (as redesignated) by striking
``Paragraph (1)--'' and inserting ``Paragraphs (1) and (2)--'';
and
(5) in paragraph (4)(A) (as redesignated) by striking
``Paragraph (1)'' and inserting ``Paragraphs (1) and (2)''.
(b) Effective Date.--The amendments made by this section shall have
the force and effect as if enacted on the date of enactment of the
Federal Aviation Administration Authorization Act of 1994 (Public Law
103-305).
TITLE II--INNOVATIVE PROJECT FINANCE
SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF
1998 AMENDMENTS.
(a) Definitions.--
(1) Master credit agreement.--Section 601(a)(10) of title
23, United States Code, is amended to read as follows:
``(10) Master credit agreement.--The term `master credit
agreement' means a conditional agreement to extend credit
assistance for a program of related projects secured by a
common security pledge (which shall receive an investment grade
rating from a rating agency prior to the Secretary entering
into such master credit agreement) under section 602(b)(2)(A),
or for a single project covered under section 602(b)(2)(B) that
does not provide for a current obligation of Federal funds, and
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
and subject to the satisfaction of all the conditions
for the provision of credit assistance under this
chapter, including section 603(b)(1);
``(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 this chapter,
including sections 602(c) and 603(b)(1); 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.''.
(2) Rural infrastructure project.--Section 601(a)(15) of
title 23, United States Code, is amended to read as follows:
``(15) Rural infrastructure project.--The term `rural
infrastructure project' means a surface transportation
infrastructure project located outside of a Census-Bureau-
defined urbanized area.''.
(b) Master Credit Agreements.--Section 602(b)(2) of title 23,
United States Code is amended to read as follows:
``(2) Master credit agreements.--
``(A) Program of related projects.--The Secretary
may enter into a master credit agreement for a program
of related projects secured by a common security pledge
on terms acceptable to the Secretary.
``(B) 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 to execute a credit
instrument until the fiscal year during which
additional funds are available to receive credit
assistance.''.
(c) Eligible Project Costs.--Section 602(a)(5) of title 23, United
States Code, is amended--
(1) in subparagraph (A) by inserting ``and (C)'' after
``(B)''; and
(2) by adding at the end the following:
``(C) Local infrastructure projects.--Eligible
project costs shall be reasonably anticipated to equal
or exceed $10,000,000 in the case of a project or
program of projects--
``(i) in which the applicant is a local
government, public authority, or
instrumentality of local government;
``(ii) located on a facility owned by a
local government; or
``(iii) for which the Secretary determines
that a local government is substantially
involved in the development of the project.''.
(d) Limitation on Refinancing of Interim Construction Financing.--
Section 603(a)(2) of title 23, United States Code, is amended to read
as follows:
``(2) Limitation on refinancing of interim construction
financing.--A loan under paragraph (1) shall not refinance
interim construction financing under paragraph (1)(B)--
``(A) if the maturity of such interim construction
financing is later than 1 year after the substantial
completion of the project; and
``(B) later than 1 year after the date of
substantial completion of the project.''.
(e) Funding.--Section 608(a) of title 23, United States Code, is
amended--
(1) by striking paragraph (4); and
(2) by striking paragraph (6) and inserting the following:
``(6) Administrative costs.--Of the amounts made available
to carry out this chapter, the Secretary may use not more than
$5,000,000 for fiscal year 2016, $5,150,000 for fiscal year
2017, $5,304,500 for fiscal year 2018, $5,463,500 for fiscal
year 2019, $5,627,500 for fiscal year 2020, and $5,760,500 for
fiscal year 2021 for the administration of this chapter.''.
SEC. 2002. STATE INFRASTRUCTURE BANK PROGRAM.
Section 610 of title 23, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1) by striking subparagraph (A)
and inserting the following:
``(A) 10 percent of the funds apportioned to the
State for each of fiscal years 2016 through 2021 under
each of sections 104(b)(1) and 104(b)(2); and'';
(B) in paragraph (2) by striking ``fiscal years
2005 through 2009'' and inserting ``fiscal years 2016
through 2021'';
(C) in paragraph (3) by striking ``fiscal years
2005 through 2009'' and inserting ``fiscal years 2016
through 2021''; and
(D) in paragraph (5) by striking ``section
133(d)(3)'' and inserting ``section 133(d)(1)(A)(i)'';
and
(2) in subsection (k) by striking ``fiscal years 2005
through 2009'' and inserting ``fiscal years 2016 through
2021''.
SEC. 2003. AVAILABILITY PAYMENT CONCESSION MODEL.
(a) Payment to States for Construction.--Section 121(a) of title
23, United States Code, is amended by inserting ``(including payments
made pursuant to a long-term concession agreement, such as availability
payments)'' after ``a project''.
(b) Project Approval and Oversight.--Section 106(b)(1) of title 23,
United States Code, is amended by inserting ``(including payments made
pursuant to a long-term concession agreement, such as availability
payments)'' after ``construction of the project''.
SEC. 2004. STREAMLINED APPLICATION PROCESS.
Section 603 of title 23, United States Code, is amended by adding
at the end the following:
``(f) Streamlined Application Process.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Surface Transportation Reauthorization and
Reform Act of 2015, the Secretary shall make available an
expedited application process or processes available at the
request of entities seeking secured loans under this chapter
that use a set or sets of conventional terms established
pursuant to this section.
``(2) Terms.--In establishing the streamlined application
process required by this subsection, the Secretary may include
terms commonly included in prior credit agreements and allow
for an expedited application period, including--
``(A) the secured loan is in an amount of not
greater than $100,000,000;
``(B) the secured loan is secured and payable from
pledged revenues not affected by project performance,
such as a tax-backed revenue pledge, tax increment
financing, or a system-backed pledge of project
revenues; and
``(C) repayment of the loan commence not later than
5 years after disbursement.''.
TITLE III--PUBLIC TRANSPORTATION
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Federal Public Transportation Act
of 2015''.
SEC. 3002. DEFINITIONS.
Section 5302 of title 49, United States Code, is amended--
(1) in paragraph (1)(C) by striking ``landscaping and'';
(2) by amending paragraph (3)(I) to read as follows:
``(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--
``(i) not to exceed 10 percent of such
recipient's annual formula apportionment under
sections 5307 and 5311; or
``(ii) not to exceed 20 percent of such
recipient's annual formula apportionment under
sections 5307 and 5311, if consistent with
guidance issued by the Secretary, the recipient
demonstrates that the recipient meets at least
one of the following requirements:
``(I) Provides an active fixed
route travel training program that is
available for riders with disabilities.
``(II) Provides that all fixed
route and paratransit operators
participate in a passenger safety,
disability awareness, and sensitivity
training class on at least a biennial
basis.
``(III) Has memoranda of
understanding in place with employers
and American Job Centers to increase
access to employment opportunities for
people with disabilities.''; and
(3) by adding at the end the following:
``(24) Value capture.--The term `value capture' means
recovering the increased property value to property located
near public transportation resulting from investments in public
transportation.
``(25) Base-model bus.--The term `base-model bus' means a
heavy-duty public transportation bus manufactured to meet, but
not exceed, transit-specific minimum performance criteria
developed by the Secretary.''.
SEC. 3003. METROPOLITAN AND STATEWIDE TRANSPORTATION PLANNING.
(a) In General.--Section 5303 of title 49, United States Code, is
amended--
(1) in subsection (c)(2) by striking ``and bicycle
transportation facilities'' and inserting ``, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation, including intercity buses and
intercity bus facilities'';
(2) in subsection (d)--
(A) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) Representation.--
``(A) In general.--Designation or selection of
officials or representatives under paragraph (2) shall
be determined by the metropolitan planning organization
according to the bylaws or enabling statute of the
organization.
``(B) Public transportation representative.--
Subject to the bylaws or enabling statute of the
metropolitan planning organization, a representative of
a provider of public transportation may also serve as a
representative of a local municipality.
``(C) Powers of certain officials.--An official
described in paragraph (2)(B) shall have
responsibilities, actions, duties, voting rights, and
any other authority commensurate with other officials
described in paragraph (2).''; and
(C) in paragraph (5), as so redesignated, by
striking ``paragraph (5)'' and inserting ``paragraph
(6)'';
(3) in subsection (e)(4)(B) by striking ``subsection
(d)(5)'' and inserting ``subsection (d)(6)'';
(4) in subsection (g)(3)(A) by inserting ``tourism, natural
disaster risk reduction,'' after ``economic development,'';
(5) in subsection (h)(1)--
(A) in subparagraph (G) by striking ``and'' at the
end;
(B) in subparagraph (H) by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(I) improve the resilience and reliability of the
transportation system.'';
(6) in subsection (i)--
(A) in paragraph (2)(A)(i) by striking ``transit''
and inserting ``public transportation facilities,
intercity bus facilities'';
(B) in paragraph (6)(A)--
(i) by inserting ``public ports,'' before
``freight shippers,''; and
(ii) by inserting ``(including intercity
bus operators, employer-based commuting
programs, such as a carpool program, vanpool
program, transit benefit program, parking cash-
out program, shuttle program, or telework
program)'' after ``private providers of
transportation''; and
(C) in paragraph (8) by striking ``paragraph
(2)(C)'' each place it appears and inserting
``paragraph (2)(E)'';
(7) in subsection (k)(3)--
(A) in subparagraph (A) by inserting ``(including
intercity bus operators, employer-based commuting
programs, such as a carpool program, vanpool program,
transit benefit program, parking cash-out program,
shuttle program, or telework program), job access
projects,'' after ``reduction''; and
(B) by adding at the end the following:
``(C) Congestion management plan.--A metropolitan
planning organization with a transportation management
area may develop a plan that includes projects and
strategies that will be considered in the TIP of such
metropolitan planning organization. Such plan shall--
``(i) develop regional goals to reduce
vehicle miles traveled during peak commuting
hours and improve transportation connections
between areas with high job concentration and
areas with high concentrations of low-income
households;
``(ii) identify existing public
transportation services, employer-based
commuter programs, and other existing
transportation services that support access to
jobs in the region; and
``(iii) identify proposed projects and
programs to reduce congestion and increase job
access opportunities.
``(D) Participation.--In developing the plan under
subparagraph (C), a metropolitan planning organization
shall consult with employers, private and non-profit
providers of public transportation, transportation
management organizations, and organizations that
provide job access reverse commute projects or job-
related services to low-income individuals.'';
(8) in subsection (l)--
(A) by adding a period at the end of paragraph (1);
and
(B) in paragraph (2)(D) by striking ``of less than
200,000'' and inserting ``with a population of 200,000
or less''; and
(9) in subsection (p) by striking ``Funds set aside under
section 104(f)'' and inserting ``Funds apportioned under
section 104(b)(5)''.
(b) Statewide and Nonmetropolitan Transportation Planning.--Section
5304 of title 49, United States Code, is amended--
(1) in subsection (a)(2) by striking ``and bicycle
transportation facilities'' and inserting ``, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation, including intercity buses and
intercity bus facilities'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (G) by striking ``and''
at the end;
(ii) in subparagraph (H) by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(I) improve the resilience and reliability of the
transportation system.''; and
(B) in paragraph (2)--
(i) in subparagraph (B)(ii) by striking
``urbanized''; and
(ii) in subparagraph (C) by striking
``urbanized''; and
(3) in subsection (f)(3)(A)(ii)--
(A) by inserting ``public ports,'' before ``freight
shippers,''; and
(B) by inserting ``(including intercity bus
operators, employer-based commuting programs, such as a
carpool program, vanpool program, transit benefit
program, parking cash-out program, shuttle program, or
telework program)'' after ``private providers of
transportation''.
SEC. 3004. URBANIZED AREA FORMULA GRANTS.
Section 5307 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) Recipient defined.--In this section, the term
`recipient' means a designated recipient, State, or local
governmental authority that receives a grant under this section
directly from the Government.'';
(C) in paragraph (3) (as so redesignated) by
inserting ``or demand response service, excluding ADA
complementary paratransit service,'' before ``during''
each place it appears; and
(D) by adding at the end the following:
``(4) Exception to the special rule.--Notwithstanding
paragraph (3), if a public transportation system described in
such paragraph executes a written agreement with 1 or more
other public transportation systems to allocate funds under
this subsection, other than by measuring vehicle revenue hours,
each of the public transportation systems to the agreement may
follow the terms of such agreement without regard to the
percentages or the measured vehicle revenue hours referred to
in such paragraph.''; and
(2) in subsection (c)(1)(K)(i) by striking ``1 percent''
and inserting ``one-half of 1 percent''.
SEC. 3005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
Section 5309 of title 49, United States Code, is amended--
(1) in subsection (a)(6)--
(A) in subparagraph (A) by inserting ``, small
start projects,'' after ``new fixed guideway capital
projects''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) 2 or more projects that are any combination
of new fixed guideway capital projects, small start
projects, and core capacity improvement projects.'';
(2) in subsection (h)(6)--
(A) by striking ``In carrying out'' and inserting
the following:
``(A) In general.--In carrying out''; and
(B) by adding at the end the following:
``(B) Optional early rating.--At the request of the
project sponsor, the Secretary shall evaluate and rate
the project in accordance with paragraphs (4) and (5)
and subparagraph (A) of this paragraph upon completion
of the analysis required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).'';
(3) in subsection (i)--
(A) in paragraph (1) by striking ``subsection (d)
or (e)'' and inserting ``subsection (d), (e), or (h)'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A) by inserting ``new fixed guideway capital
project or core capacity improvement'' after
``federally funded'';
(ii) by striking subparagraph (D) and
inserting the following:
``(D) the program of interrelated projects, when
evaluated as a whole--
``(i) meets the requirements of subsection
(d)(2), subsection (e)(2), or paragraphs (3)
and (4) of subsection (h), as applicable, if
the program is comprised entirely of--
``(I) new fixed guideway capital
projects;
``(II) core capacity improvement
projects; or
``(III) small start projects; or
``(ii) meets the requirements of subsection
(d)(2) if the program is comprised of any
combination of new fixed guideway projects,
small start projects, and core capacity
improvement projects.'';
(C) by striking paragraph (3)(A) and inserting the
following:
``(A) Project advancement.--A project receiving a
grant under this section that is part of a program of
interrelated projects may not advance--
``(i) in the case of a small start project,
from the project development phase to the
construction phase unless the Secretary
determines that the program of interrelated
projects meets the applicable requirements of
this section and there is a reasonable
likelihood that the program will continue to
meet such requirements; or
``(ii) in the case of a new fixed guideway
capital project or a core capacity improvement
project, 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 and there is a
reasonable likelihood that the program will
continue to meet such requirements.'';
(4) in subsection (l)--
(A) by striking paragraph (1) and inserting the
following:
``(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 new fixed guideway project
shall not exceed 80 percent of the net capital project cost. A
full funding grant agreement for a new fixed guideway project
shall not include a share of more than 50 percent from the
funds made available under this section. Funds made available
under section 133 of title 23, United States Code, may not be
used for a grant agreement under subsection (d). A grant for a
core capacity project shall not exceed 80 percent of the net
capital project cost of the incremental cost to increase the
capacity in the corridor. A grant for a small start project
shall not exceed 80 percent of the net capital project
costs.''; and
(B) by striking paragraph (4) and inserting the
following:
``(4) Remaining costs.--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; or
``(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.'';
(5) by striking subsection (n) and redesignating subsection
(o) as subsection (n); and
(6) by adding at the end the following:
``(o) Special Rule.--For the purposes of calculating the cost
effectiveness of a project described in subsection (d) or (e), the
Secretary shall not reduce or eliminate the capital costs of art and
landscaping elements from the annualized capital cost calculation.''.
SEC. 3006. FORMULA GRANTS FOR ENHANCED MOBILITY OF SENIORS AND
INDIVIDUALS WITH DISABILITIES.
Section 5310 of title 49, United States Code, is amended by adding
at the end the following:
``(i) Best Practices.--The Secretary shall collect from, review,
and disseminate to public transit agencies innovative practices,
program models, new service delivery options, findings from activities
under subsection (h), and transit cooperative research program
reports.''.
SEC. 3007. FORMULA GRANTS FOR RURAL AREAS.
Section 5311(g)(3) of title 49, United States Code, is amended--
(1) by redesignating subparagraphs (A) through (D) as
subparagraphs (C) through (F), respectively;
(2) by inserting before subparagraph (C) (as so
redesignated) the following:
``(A) may be provided in cash from non-Government
sources other than revenues from providing public
transportation services;
``(B) may be provided from revenues from the sale
of advertising and concessions;''; and
(3) in subparagraph (F) (as so redesignated) by inserting
``, including all operating and capital costs of such service
whether or not offset by revenue from such service,'' after
``the costs of a private operator for the unsubsidized segment
of intercity bus service''.
SEC. 3008. PUBLIC TRANSPORTATION INNOVATION.
(a) Consolidation of Programs.--Section 5312 of title 49, United
States Code, is amended--
(1) by striking the section designation and heading and
inserting the following:
``Sec. 5312. Public transportation innovation'';
(2) by redesignating subsections (a) through (f) as
subsections (b) through (g), respectively;
(3) by inserting before subsection (b) (as so redesignated)
the following:
``(a) In General.--The Secretary shall provide assistance for
projects and activities to advance innovative public transportation
research and development in accordance with the requirements of this
section.'';
(4) in subsection (e)(5) (as so redesignated)--
(A) in subparagraph (A) by striking clause (vi) and
redesignating clause (vii) as clause (vi);
(B) in subparagraph (B) by striking ``recipients''
and inserting ``participants'';
(C) in subparagraph (C) by striking clause (ii) and
inserting the following:
``(ii) Government share of costs for
certain projects.--A grant for a project
carried out under this paragraph shall be 80
percent of the net project cost of the project
unless the grant recipient requests a lower
grant percentage.''; and
(D) by striking subparagraph (G);
(5) in subsection (f) (as so redesignated)--
(A) by striking ``(f)'' and all that follows before
paragraph (1) and inserting the following:
``(f) Annual Report on Research.--Not later than the first Monday
in February of each year, the Secretary shall make available to the
public on the Web site of the Department of Transportation, a report
that includes--'';
(B) in paragraph (1) by adding ``and'' at the end;
(C) in paragraph (2) by striking ``; and'' and
inserting a period; and
(D) by striking paragraph (3); and
(6) by adding at the end the following:
``(h) Transit Cooperative Research Program.--
``(1) In general.--The amounts made available under section
5338(b) are available for a public transportation cooperative
research program.
``(2) Independent governing board.--
``(A) Establishment.--The Secretary shall establish
an independent governing board for the program under
this subsection.
``(B) Recommendations.--The board shall recommend
public transportation research, development, and
technology transfer activities the Secretary considers
appropriate.
``(3) Federal assistance.--The Secretary may make grants
to, and enter into cooperative agreements with, the National
Academy of Sciences to carry out activities under this
subsection that the Secretary considers appropriate.
``(4) Government's share.--If there would be a clear and
direct financial benefit to an entity under a grant or contract
financed under this subsection, the Secretary shall establish a
Government share consistent with that benefit.
``(5) Limitation on applicability.--Subsections (f) and (g)
shall not apply to activities carried out under this
subsection.''.
(b) Conforming Amendments.--Section 5312 of such title (as amended
by subsection (a) of this section) is further amended--
(1) in subsection (c)(1) by striking ``subsection (a)(2)''
and inserting ``subsection (b)(2)'';
(2) in subsection (d)--
(A) in paragraph (1) by striking ``subsection
(a)(2)'' and inserting ``subsection (b)(2)''; and
(B) in paragraph (2)(A) by striking ``subsection
(b)'' and inserting ``subsection (c)'';
(3) in subsection (e)(2) in each of subparagraphs (A) and
(B) by striking ``subsection (a)(2)'' and inserting
``subsection (b)(2)''; and
(4) in subsection (f)(2) by striking ``subsection (d)(4)''
and inserting ``subsection (e)(4)''.
(c) Repeal.--Section 5313 of such title, and the item relating to
that section in the analysis for chapter 53 of such title, are
repealed.
(d) Clerical Amendment.--The analysis for chapter 53 of such title
is amended by striking the item relating to section 5312 and inserting
the following:
``5312. Public transportation innovation.''.
SEC. 3009. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.
(a) In General.--Section 5314 of title 49, United States Code, is
amended to read as follows:
``Sec. 5314. Technical assistance and workforce development
``(a) Technical Assistance and Standards.--
``(1) Technical assistance and standards development.--
``(A) 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--
``(i) more effectively and efficiently
provide public transportation service;
``(ii) administer funds received under this
chapter in compliance with Federal law; and
``(iii) improve public transportation.
``(B) Eligible activities.--The activities carried
out under subparagraph (A) may include--
``(i) technical assistance; and
``(ii) the development of voluntary and
consensus-based standards and best practices by
the public transportation industry, including
standards and best practices for safety, 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.
``(2) 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 subsection. The Secretary may enter into such
contracts, cooperative agreements, and other agreements to
assist providers of public transportation to--
``(A) 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;
``(B) 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;
``(C) meet the transportation needs of elderly
individuals;
``(D) 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;
``(E) address transportation equity with regard to
the effect that transportation planning, investment,
and operations have for low-income and minority
individuals;
``(F) facilitate best practices to promote bus
driver safety;
``(G) meet the requirements of sections 5323(j) and
5323(m);
``(H) assist with the development and deployment of
zero emission transit technologies; and
``(I) any other technical assistance activity that
the Secretary determines is necessary to advance the
interests of public transportation.
``(3) 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--
``(A) a description of each project that received
assistance under this subsection during the preceding
fiscal year;
``(B) an evaluation of the activities carried out
by each organization that received assistance under
this subsection during the preceding fiscal year;
``(C) a proposal for allocations of amounts for
assistance under this subsection for the subsequent
fiscal year; and
``(D) measurable outcomes and impacts of the
programs funded under subsections (b) and (c).
``(4) Government share of costs.--
``(A) In general.--The Government share of the cost
of an activity carried out using a grant under this
subsection may not exceed 80 percent.
``(B) Non-government share.--The non-Government
share of the cost of an activity carried out using a
grant under this subsection may be derived from in-kind
contributions.
``(b) Human Resources and Training.--
``(1) 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--
``(A) an employment training program;
``(B) an outreach program to increase veteran,
female, individual with a disability, minority
(including American Indian or Alaska Native, Asian,
Black or African American, native Hawaiian or other
Pacific Islander, and Hispanic) employment in public
transportation activities;
``(C) research on public transportation personnel
and training needs;
``(D) training and assistance for veteran and
minority business opportunities; and
``(E) consensus-based national training standards
and certifications in partnership with industry
stakeholders.
``(2) Innovative public transportation frontline workforce
development program.--
``(A) In general.--The Secretary shall establish a
competitive grant program to assist the development of
innovative activities eligible for assistance under
subparagraph (1).
``(B) Eligible programs.--A program eligible for
assistance under subsection (a) shall--
``(i) develop apprenticeships for transit
maintenance and operations occupations,
including hands-on, peer trainer, classroom and
on-the-job training as well as training for
instructors and on-the-job mentors;
``(ii) build local, regional, and statewide
transit training partnerships in coordination
with entities such as local employers, local
public transportation operators, labor union
organizations, workforce development boards,
State workforce agencies, State apprenticeship
agencies (where applicable), and community
colleges and university transportation centers,
to identify and address workforce skill gaps
and develop skills needed for delivering
quality transit service and supporting employee
career advancement;
``(iii) provide improved capacity for
safety, security, and emergency preparedness in
local transit systems through--
``(I) developing the role of the
frontline workforce in building and
sustaining safety culture and safety
systems in the industry and in
individual public transportation
systems;
``(II) specific training, in
coordination with the National Transit
Institute, on security and emergency
preparedness, including protocols for
coordinating with first responders and
working with the broader community to
address natural disasters or other
threats to transit systems; and
``(III) training to address
frontline worker roles in promoting
health and safety for transit workers
and the riding public, and improving
communication during emergencies
between the frontline workforce and the
riding public;
``(iv) address current or projected
workforce shortages by developing career
pathway partnerships with high schools,
community colleges, and other community
organizations for recruiting and training
underrepresented populations, including
minorities, women, individuals with
disabilities, veterans, and low-income
populations as successful transit employees who
can develop careers in the transit industry; or
``(v) address youth unemployment by
directing the Secretary to award grants to
local entities for work-based training and
other work-related and educational strategies
and activities of demonstrated effectiveness to
provide unemployed, low-income young adults and
low-income youth with skills that will lead to
employment.
``(C) Selection of recipients.--To the maximum
extent feasible, the Secretary shall select recipients
that--
``(i) are geographically diverse;
``(ii) address the workforce and human
resources needs of large public transportation
providers;
``(iii) address the workforce and human
resources needs of small public transportation
providers;
``(iv) address the workforce and human
resources needs of urban public transportation
providers;
``(v) address the workforce and human
resources needs of rural public transportation
providers;
``(vi) advance training related to
maintenance of alternative energy, energy
efficiency, or zero emission vehicles and
facilities used in public transportation;
``(vii) target areas with high rates of
unemployment;
``(viii) address current or projected
workforce shortages in areas that require
technical expertise;
``(ix) advance opportunities for
minorities, women, veterans, individuals with
disabilities, low-income populations, and other
underserved populations; and
``(x) address in-demand industry sector or
occupation, as such term is defined in section
3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102).
``(D) Program outcomes.--A recipient of assistance
under this subsection shall demonstrate outcomes for
any program that includes skills training, on-the-job
training, and work-based learning, including--
``(i) the impact on reducing public
transportation workforce shortages in the area
served;
``(ii) the diversity of training
participants;
``(iii) the number of participants
obtaining certifications or credentials
required for specific types of employment;
``(iv) the percentage of program
participants who are in unsubsidized employment
during the second quarter after exit from any
such program;
``(v) the percentage of program
participants who are in unsubsidized employment
during the fourth quarter after exit from any
such program;
``(vi) the median earnings of program
participants who are in unsubsidized employment
during the second quarter after exit from any
such program;
``(vii) the percentage of program
participants who obtain a recognized
postsecondary credential, or a secondary school
diploma or its recognized equivalent, during
participation in or within 1 year after exit
from any such program; and
``(viii) the percentage of program
participants who, during a program year, are in
an education or training program that leads to
a recognized postsecondary credential or
employment and who are achieving measurable
skill gains toward such a credential or
employment.
``(E) Report to congress.--The Secretary shall make
publically available a report on the Frontline
Workforce Development Program for each fiscal year, not
later than December 31 of the year in which that fiscal
year ends. The report shall include a detailed
description of activities carried out under this
paragraph, an evaluation of the program, and policy
recommendations to improve program effectiveness.
``(3) Government's share of costs.--The Government share of
the cost of a project carried out using a grant under paragraph
(1) or (2) shall be 50 percent.
``(4) Use for technical assistance.--The Secretary may use
not more than 1 percent of amounts made available to carry out
this section to provide technical assistance for activities and
programs developed, conducted, and overseen under paragraphs
(1) and (2).
``(c) National Transit Institute.--
``(1) Establishment.--The Secretary shall establish a
national transit institute and award grants to a public, 4-year
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), by the State, with the approval of
the Secretary, through grants and contracts with public
and private agencies, other institutions, individuals,
and the institute.
``(4) Availability of amounts.--Not more than 0.5 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 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.''.
(b) Repeal.--Section 5322 of such title, and the item relating to
that section in the analysis for chapter 53 of such title, are
repealed.
(c) Clerical Amendment.--The analysis for chapter 53 of such title
is amended by striking the item relating to section 5314 and inserting
the following:
``5314. Technical assistance and workforce development.''.
SEC. 3010. BICYCLE FACILITIES.
Section 5319 of title 49, United States Code, is amended--
(1) by striking ``90 percent'' and inserting ``80
percent''; and
(2) by striking ``95 percent'' and inserting ``80
percent''.
SEC. 3011. GENERAL PROVISIONS.
Section 5323 of title 49, United States Code, is amended--
(1) in subsection (h)--
(A) in paragraph (1) by striking ``or'' at the end;
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following:
``(2) pay incremental costs of incorporating art or
landscaping into facilities, including the costs of an artist
on the design team; or'';
(2) in subsection (i) by adding at the end the following:
``(3) Acquisition of base-model buses.--A grant for the
acquisition of a base-model bus for use in public
transportation may be not more than 85 percent of the net
project cost.'';
(3) in subsection (j)(2) by striking subparagraph (C) and
inserting the following:
``(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--
``(I) for fiscal years 2016 and
2017, is more than 60 percent of the
cost of all components of the rolling
stock;
``(II) for fiscal years 2018 and
2019, is more than 65 percent of the
cost of all components of the rolling
stock; and
``(III) for fiscal year 2020 and
each fiscal year thereafter, is more
than 70 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''; and
(4) by adding at the end the following:
``(s) Value Capture Revenue Eligible for Local Share.--A recipient
of assistance under this chapter may use the revenue generated from
value capture financing mechanisms as local matching funds for capital
projects and operating costs eligible under this chapter.
``(t) Special Condition on Charter Bus Transportation Service.--If,
in a fiscal year, the Secretary is prohibited by law from enforcing
regulations related to charter bus service under part 604 of title 49,
Code of Federal Regulations, for any transit agency that during fiscal
year 2008 was both initially granted a 60-day period to come into
compliance with such part 604, and then was subsequently granted an
exception from such part--
``(1) the transit agency shall be precluded from receiving
its allocation of urbanized area formula grant funds for that
fiscal year; and
``(2) any amounts withheld pursuant to paragraph (1) shall
be added to the amount that the Secretary may apportion under
section 5336 in the following fiscal year.''.
SEC. 3012. PUBLIC TRANSPORTATION SAFETY PROGRAM.
Section 5329 of title 49, United States Code, is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (C) by striking ``and'' at the
end;
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following:
``(D) minimum safety standards to ensure the safe
operation of public transportation systems that--
``(i) are not related to performance
standards for public transportation vehicles
developed under subparagraph (C); and
``(ii) to the extent practicable, take into
consideration--
``(I) relevant recommendations of
the National Transportation Safety
Board;
``(II) best practices standards
developed by the public transportation
industry;
``(III) any minimum safety
standards or performance criteria being
implemented across the public
transportation industry;
``(IV) relevant recommendations
from the report under section 3018 of
the Surface Transportation
Reauthorization and Reform Act of 2015;
and
``(V) any additional information
that the Secretary determines necessary
and appropriate; and'';
(2) by striking subsection (f) and inserting the following:
``(f) Authority of Secretary.--
``(1) In general.--In carrying out this section, the
Secretary may--
``(A) conduct inspections, investigations, audits,
examinations, and testing of the equipment, facilities,
rolling stock, and operations of the public
transportation system of a recipient;
``(B) make reports and issue directives with
respect to the safety of the public transportation
system of a recipient or the public transportation
industry generally;
``(C) 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--
``(i) before the issuance of the subpoena,
the Secretary requests a determination by the
Attorney General as to whether the subpoena
will interfere with an ongoing criminal
investigation; and
``(ii) 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 clause (i);
``(D) require the production of documents by, and
prescribe recordkeeping and reporting requirements for,
a recipient or a State safety oversight agency;
``(E) investigate public transportation accidents
and incidents and provide guidance to recipients
regarding prevention of accidents and incidents;
``(F) at reasonable times and in a reasonable
manner, enter and inspect relevant records of the
public transportation system of a recipient; and
``(G) issue rules to carry out this section.
``(2) Additional authority.--
``(A) Administration of state safety oversight
activities.--If the Secretary finds that a State safety
oversight agency that oversees a rail fixed guideway
system operating in more than 2 States has become
incapable of providing adequate safety oversight of
such system, the Secretary may administer State safety
oversight activities for such rail fixed guideway
system until the States develop a State safety
oversight program certified by the Secretary in
accordance with subsection (e).
``(B) Funding.--To carry out administrative and
oversight activities authorized by this paragraph, the
Secretary may use grant funds apportioned to an
eligible State under subsection (e)(6) to develop or
carry out a State safety oversight program.'';
(3) in subsection (g)(1)--
(A) in the matter preceding subparagraph (A) by
striking ``an eligible State, as defined in subsection
(e),'' and inserting ``a recipient'';
(B) in subparagraph (C) by striking ``and'' at the
end;
(C) in subparagraph (D) by striking the period at
the end and inserting ``; or''; and
(D) by adding at the end the following:
``(E) withholding not more than 25 percent of
financial assistance under section 5307.''; and
(4) in subsection (g)(2)--
(A) in subparagraph (A)--
(i) by inserting after ``funds'' the
following: ``or withhold funds''; and
(ii) by inserting ``or (1)(E)'' after
``paragraph (1)(D)'';
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following:
``(B) Limitation.--The Secretary may only withhold
funds in accordance with paragraph (1)(E), if
enforcement actions under subparagraph (A), (B), (C),
or (D) did not bring the recipient into compliance.''.
SEC. 3013. APPORTIONMENTS.
Section 5336 of title 49, United States Code, is amended--
(1) in subsection (a) in the matter preceding paragraph (1)
by striking ``subsection (h)(4)'' and inserting ``subsection
(g)(5)'';
(2) in subsection (b)(2)(E) by striking ``22.27 percent''
and inserting ``27 percent'';
(3) by striking subsection (g) and redesignating
subsections (h), (i), and (j) as subsections (g), (h), and (i),
respectively;
(4) in subsection (g) (as so redesignated)--
(A) in paragraph (2) by striking ``subsection (j)''
and inserting ``subsection (i)''; and
(B) by striking paragraph (3) and inserting the
following:
``(3) of amounts not apportioned under paragraphs (1) and
(2)--
``(A) for fiscal years 2016 through 2018, 1.5
percent shall be apportioned to urbanized areas with
populations of less than 200,000 in accordance with
subsection (h); and
``(B) for fiscal years 2019 through 2021, 2 percent
shall be apportioned to urbanized areas with
populations of less than 200,000 in accordance with
subsection (h);'';
(5) in subsection (h)(2)(A) (as so redesignated) by
striking ``subsection (h)(3)'' and inserting ``subsection
(g)(3)''; and
(6) in subsection (i) (as so redesignated) by striking
``subsection (h)(2)'' and inserting ``subsection (g)(2)''.
SEC. 3014. STATE OF GOOD REPAIR GRANTS.
Section 5337 of title 49, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1) by striking ``on a facility
with access for other high-occupancy vehicles'' and
inserting ``on high-occupancy vehicle lanes during peak
hours'';
(B) in paragraph (2) by inserting ``vehicle'' after
``motorbus''; and
(C) by adding at the end the following:
``(5) Use of funds.--A recipient in an urbanized area may
use any portion of the amount apportioned to the recipient
under this subsection for high intensity fixed guideway state
of good repair projects under subsection (c) if the recipient
demonstrates to the satisfaction of the Secretary that the high
intensity motorbus public transportation vehicles in the
urbanized area are in a state of good repair.''; and
(2) by adding at the end the following:
``(e) 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 of the project. The recipient 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 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.''.
SEC. 3015. AUTHORIZATIONS.
Section 5338 of title 49, United States Code, is amended to read as
follows:
``Sec. 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, 5314(c), 5318, 5335, 5337, 5339, and
5340, and section 20005(b) of the Federal Public Transportation
Act of 2012--
``(A) $8,723,925,000 for fiscal year 2016;
``(B) $8,879,211,000 for fiscal year 2017;
``(C) $9,059,459,000 for fiscal year 2018;
``(D) $9,240,648,000 for fiscal year 2019;
``(E) $9,429,000,000 for fiscal year 2020; and
``(F) $9,617,580,000 for fiscal year 2021.
``(2) Allocation of funds.--
``(A) Section 5305.--Of the amounts made available
under paragraph (1), there shall be available to carry
out section 5305--
``(i) $128,800,000 for fiscal year 2016;
``(ii) $128,800,000 for fiscal year 2017;
``(iii) $131,415,000 for fiscal year 2018;
``(iv) $134,043,000 for fiscal year 2019;
``(v) $136,775,000 for fiscal year 2020;
and
``(vi) $139,511,000 for fiscal year 2021.
``(B) Pilot program.--$10,000,000 for each of
fiscal years 2016 through 2021, shall be available to
carry out section 20005(b) of the Federal Public
Transportation Act of 2012;
``(C) Section 5307.--Of the amounts made available
under paragraph (1), there shall be allocated in
accordance with section 5336 to provide financial
assistance for urbanized areas under section 5307--
``(i) $4,458,650,000 for fiscal year 2016;
``(ii) $4,458,650,000 for fiscal year 2017;
``(iii) $4,549,161,000 for fiscal year
2018;
``(iv) $4,640,144,000 for fiscal year 2019;
``(v) $4,734,724,000 for fiscal year 2020;
and
``(vi) $4,829,418,000 for fiscal year 2021.
``(D) Section 5310.--Of the amounts made available
under paragraph (1), there shall be available to
provide financial assistance for services for the
enhanced mobility of seniors and individuals with
disabilities under section 5310--
``(i) $262,175,000 for fiscal year 2016;
``(ii) $266,841,000 for fiscal year 2017;
``(iii) $272,258,000 for fiscal year 2018;
``(iv) $277,703,000 for fiscal year 2019;
``(v) $283,364,000 for fiscal year 2020;
and
``(vi) $289,031,000 for fiscal year 2021.
``(E) Section 5311.--
``(i) In general.--Of the amounts made
available under paragraph (1), there shall be
available to provide financial assistance for
rural areas under section 5311--
``(I) $607,800,000 for fiscal year
2016;
``(II) $607,800,000 for fiscal year
2017;
``(III) $620,138,000 for fiscal
year 2018;
``(IV) $632,541,000 for fiscal year
2019;
``(V) $645,434,000 for fiscal year
2020; and
``(VI) $658,343,000 for fiscal year
2021.
``(ii) Suballocation.--Of the amounts made
available under clause (i)--
``(I) there shall be available to
carry out section 5311(c)(1) not less
than $30,000,000 for each of fiscal
years 2016 through 2021; and
``(II) there shall be available to
carry out section 5311(c)(2) not less
than $20,000,000 for each of fiscal
years 2016 through 2021.
``(F) Section 5314(c).--Of the amounts made
available under paragraph (1), there shall be available
for the national transit institute under section
5314(c) $5,000,000 for each of fiscal years 2016
through 2021.
``(G) Section 5318.--Of the amounts made available
under paragraph (1), there shall be available for bus
testing under section 5318 $3,000,000 for each of
fiscal years 2016 through 2021.
``(H) Section 5335.--Of the amounts made available
under paragraph (1), there shall be available to carry
out section 5335 $3,850,000 for each of fiscal years
2016 through 2021.
``(I) Section 5337.--Of the amounts made available
under paragraph (1), there shall be available to carry
out section 5337--
``(i) $2,198,389,000 for fiscal year 2016;
``(ii) $2,237,520,000 for fiscal year 2017;
``(iii) $2,282,941,000 for fiscal year
2018;
``(iv) $2,328,600,000 for fiscal year 2019;
``(v) $2,376,064,000 for fiscal year 2020;
and
``(vi) $2,423,585,000 for fiscal year 2021.
``(J) Section 5339(c).--Of the amounts made
available under paragraph (1), there shall be available
for bus and bus facilities programs under section
5339(c)--
``(i) $430,000,000 for fiscal year 2016;
``(ii) $431,850,000 for fiscal year 2017;
``(iii) $445,120,000 for fiscal year 2018;
``(iv) $458,459,000 for fiscal year 2019;
``(v) $472,326,000 for fiscal year 2020;
and
``(vi) $486,210,000 for fiscal year 2021.
``(K) Section 5339(d).--Of the amounts made
available under paragraph (1), there shall be available
for bus and bus facilities competitive grants under
5339(d)--
``(i) $352,950,000 for fiscal year 2016;
``(ii) $462,950,000 for fiscal year 2017;
``(iii) $468,288,000 for fiscal year 2018;
``(iv) $473,653,500 for fiscal year 2019;
``(v) $479,231,500 for fiscal year 2020;
and
``(vi) $484,816,000 for fiscal year 2021;
``(L) Section 5340.--Of the amounts made available
under paragraph (1), there shall be allocated in
accordance with section 5340 to provide financial
assistance for urbanized areas under section 5307 and
rural areas under section 5311--
``(i) $262,950,000 for fiscal year 2016;
``(ii) $262,950,000 for fiscal year 2017;
``(iii) $268,288,000 for fiscal year 2018;
``(iv) $273,653,500 for fiscal year 2019;
``(v) $279,231,500 for fiscal year 2020;
and
``(vi) $284,816,000 for fiscal year 2021.
``(b) Research, Development Demonstration and Deployment
Projects.--There are authorized to be appropriated to carry out section
5312--
``(1) $33,495,000 for fiscal year 2016;
``(2) $34,091,000 for fiscal year 2017;
``(3) $34,783,000 for fiscal year 2018;
``(4) $35,479,000 for fiscal year 2019;
``(5) $36,202,000 for fiscal year 2020; and
``(6) $36,926,000 for fiscal year 2021.
``(c) Technical Assistance, Standards, and Workforce Development.--
There are authorized to be appropriated to carry out section 5314--
``(1) $6,156,000 for fiscal year 2016;
``(2) $8,152,000 for fiscal year 2017;
``(3) $10,468,000 for fiscal year 2018;
``(4) $12,796,000 for fiscal year 2019;
``(5) $15,216,000 for fiscal year 2020; and
``(6) $17,639,000 for fiscal year 2021.
``(d) Capital Investment Grants.--There are authorized to be
appropriated to carry out section 5309--
``(1) $2,029,000,000 for fiscal year 2016;
``(2) $2,065,000,000 for fiscal year 2017;
``(3) $2,106,000,000 for fiscal year 2018;
``(4) $2,149,000,000 for fiscal year 2019;
``(5) $2,193,000,000 for fiscal year 2020; and
``(6) $2,237,000,000 for fiscal year 2021.
``(e) Administration.--
``(1) In general.--There are authorized to be appropriated
to carry out section 5334, $105,933,000 for fiscal years 2016
through 2021.
``(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than $4,500,000 for
each of fiscal years 2016 through 2021 shall be available to
carry out section 5329.
``(3) Section 5326.--Of the amounts made available under
paragraph (1), not less than $1,000,000 for each of fiscal
years 2016 through 2021 shall be available to carry out section
5326.
``(f) Period of Availability.--Amounts made available by or
appropriated under this section shall remain available for obligation
for a period of 3 years after the last day of the fiscal year for which
the funds are authorized.
``(g) 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.
``(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.
``(h) 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; 122 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), of which not less than 0.25
percent shall be available to carry out section 5329.
``(H) 0.75 percent of amounts made available to
carry out section 5339.
``(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 available to the Secretary
before allocating the funds appropriated to carry out any
project under a full funding grant agreement.''.
SEC. 3016. BUS AND BUS FACILITY GRANTS.
(a) In General.--Section 5339 of title 49, United States Code, is
amended to read as follows:
``Sec. 5339. Bus and bus facility grants
``(a) General Authority.--The Secretary may make grants under this
section to assist eligible recipients described in subsection (b)(1) in
financing capital projects--
``(1) to replace, rehabilitate, and purchase buses and
related equipment; and
``(2) to construct bus-related facilities.
``(b) 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.
``(c) Formula Grant Distribution of Funds.--
``(1) In general.--Funds made available for making grants
under this subsection shall be distributed as follows:
``(A) National distribution.--$65,500,000 for each
of fiscal years 2016 through 2021 shall be allocated to
all States and territories, with each State receiving
$1,250,000, and each territory receiving $500,000, for
each such fiscal year.
``(B) 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) of that section).
``(2) Transfers of apportionments.--
``(A) Transfer flexibility for national
distribution funds.--The Governor of a State may
transfer any part of the State's apportionment under
subparagraph (A) to supplement--
``(i) amounts apportioned to the State
under section 5311(c); or
``(ii) amounts apportioned to urbanized
areas under subsections (a) and (c) of section
5336.
``(B) 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 paragraph
(1)(B) that are not allocated to designated recipients
in urbanized areas with a population of 200,000 or
more.
``(3) Period of availability to recipients.--
``(A) In general.--Amounts made available under
this subsection may be obligated by a recipient for 3
years after the fiscal year in which the amount is
apportioned.
``(B) Reapportionment of unobligated amounts.--Not
later than 30 days after the end of the 3-year period
described in subparagraph (A), 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
subsection in the next fiscal year.
``(4) Pilot program for cost-effective capital
investment.--
``(A) In general.--For each of fiscal years 2016
through 2021, the Secretary shall carry out a pilot
program under which an eligible designated recipient
(as described in subsection (c)(1)) in an urbanized
area with population of not less than 200,000 and not
more than 999,999 may elect to participate in a State
pool in accordance with this paragraph.
``(B) Purpose of state pools.--The purpose of a
State pool shall be to allow for transfers of formula
grant funds made available under this subsection among
the designated recipients participating in the State
pool in a manner that supports the transit asset
management plans of the designated recipients under
section 5326.
``(C) Requests for participation.--A State, and
designated recipients in the State described in
subparagraph (A), may submit to the Secretary a request
for participation in the program under procedures to be
established by the Secretary. A designated recipient
for a multistate area may participate in only 1 State
pool.
``(D) Allocations to participating states.--For
each fiscal year, the Secretary shall allocate to each
State participating in the program the total amount of
funds that otherwise would be allocated to the
urbanized areas of the designated recipients
participating in the State's pool for that fiscal year
pursuant to the formula referred to in paragraph (1).
``(E) Allocations to designated recipients in state
pools.--A State shall distribute the amount that is
allocated to the State for a fiscal year under
subparagraph (D) among the designated recipients
participating in the State's pool in a manner that
supports the transit asset management plans of the
recipients under section 5326.
``(F) Allocation plans.--A State participating in
the program shall develop an allocation plan for the
period of fiscal years 2016 through 2021 to ensure that
a designated recipient participating in the State's
pool receives under the program an amount of funds that
equals the amount of funds that would have otherwise
been available to the designated recipient for that
period pursuant to the formula referred to in paragraph
(1).
``(G) Grants.--The Secretary shall make grants
under this subsection for a fiscal year to a designated
recipient participating in a State pool following
notification by the State of the allocation amount
determined under subparagraph (E).
``(d) Competitive Grants for Bus State of Good Repair.--
``(1) In general.--The Secretary may make grants under this
subsection to eligible recipients described in subsection
(b)(1) to assist in financing capital projects described in
subsection (a).
``(2) Grant considerations.--In making grants under this
subsection, the Secretary shall consider the age and condition
of buses, bus fleets, related equipment, and bus-related
facilities of an eligible recipient.
``(3) Statewide applications.--A State may submit a
statewide application on behalf of a public agency or private
nonprofit organization engaged in public transportation in
rural areas or other areas for which the State allocates funds.
The submission of a statewide application shall not preclude
the submission and consideration of any application under this
subsection from other eligible recipients in an urbanized area
in a State.
``(4) Requirements for secretary.--The Secretary shall--
``(A) disclose all metrics and evaluation
procedures to be used in considering grant applications
under this subsection upon issuance of the notice of
funding availability in the Federal Register; and
``(B) publish a summary of final scores for
selected projects, metrics, and other evaluations used
in awarding grants under this subsection in the Federal
Register.
``(5) Availability of funds.--Any amounts made available to
carry out this subsection--
``(A) shall remain available for 2 fiscal years
after the fiscal year for which the amount is made
available; and
``(B) following the period of availability shall be
made available to be apportioned under subsection (c)
for the following fiscal year.
``(6) Limitation.--Of the amounts made available under this
subsection, not more than 15 percent in fiscal year 2016 and
not more than 5 percent in each of fiscal years 2017 through
2021 may be awarded to a single recipient.
``(7) Grant flexibility.--If the Secretary determines that
there are not sufficient grant applications that meet the
metrics described in paragraph (4)(A) to utilize the full
amount of funds made available to carry out this subsection for
a fiscal year, the Secretary may use the remainder of the funds
for making apportionments under sections 5307 and 5311.
``(e) Generally Applicable Provisions.--
``(1) Grant requirements.--A grant under this section shall
be subject to the requirements of--
``(A) section 5307 for recipients of grants made in
urbanized areas; and
``(B) section 5311 for recipients of grants made in
rural areas.
``(2) Government's share of costs.--
``(A) Capital projects.--A grant for a capital
project under this section shall be for 80 percent of
the net capital costs of the project. A recipient of a
grant under this section may provide additional local
matching amounts.
``(B) Remaining costs.--The remainder of the net
project cost shall be provided--
``(i) in cash from non-Government sources
other than revenues from providing public
transportation services;
``(ii) from revenues derived from the sale
of advertising and concessions;
``(iii) from an undistributed cash surplus,
a replacement or depreciation cash fund or
reserve, or new capital; or
``(iv) from amounts received under a
service agreement with a State or local social
service agency or private social service
organization.
``(f) Definitions.--In this section, the following definitions
apply:
``(1) State.--The term `State' means a State of the United
States.
``(2) Territory.--The term `territory' means the District
of Columbia, Puerto Rico, the Northern Mariana Islands, Guam,
American Samoa, and the United States Virgin Islands.''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by striking the item relating to section
5339 and inserting the following:
``5339. Bus and bus facility grants.''.
SEC. 3017. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total of all
obligations from amounts made available from the Mass Transit Account
of the Highway Trust Fund by subsection (a) of section 5338 of title
49, United States Code, shall not exceed--
(1) $8,724,000,000 in fiscal year 2016;
(2) $8,879,000,000 in fiscal year 2017;
(3) $9,059,000,000 in fiscal year 2018;
(4) $9,240,000,000 in fiscal year 2019;
(5) $9,429,000,000 in fiscal year 2020; and
(6) $9,618,000,000 in fiscal year 2021.
SEC. 3018. INNOVATIVE PROCUREMENT.
(a) Definitions.--In this section, the following definitions apply:
(1) Cooperative procurement contract.--The term
``cooperative procurement contract'' means a contract--
(A) entered into between a State government and 1
or more vendors; and
(B) under which the vendors agree to provide an
option to purchase rolling stock and related equipment
to multiple participants.
(2) Lead procurement agency.--The term ``lead procurement
agency'' means a State government that acts in an
administrative capacity on behalf of each participant in a
cooperative procurement contract.
(3) Participant.--The term ``participant'' means a grantee
that participates in a cooperative procurement contract.
(4) Participate.--The term ``participate'' means to
purchase rolling stock and related equipment under a
cooperative procurement contract using assistance provided
under chapter 53 of title 49, United States Code.
(5) Grantee.--The term ``grantee'' means a recipient and
subrecipient of assistance under chapter 53 of title 49, United
States Code.
(b) Cooperative Procurement.--
(1) General rules.--
(A) Procurement not limited to intrastate
participants.--A grantee may participate in a
cooperative procurement contract without regard to
whether the grantee is located in the same State as the
parties to the contract.
(B) Voluntary participation.--Participation by
grantees in a cooperative procurement contract shall be
voluntary.
(2) Authority.--A State government may enter into a
cooperative procurement contract with 1 or more vendors if the
vendors agree to provide an option to purchase rolling stock
and related equipment to the lead procurement agency and any
other participant.
(3) Applicability of policies and procedures.--In procuring
rolling stock and related equipment under a cooperative
procurement contract under this subsection, a lead procurement
agency shall comply with the policies and procedures that apply
to procurement by the State government when using non-Federal
funds, to the extent that the policies and procedures are in
conformance with applicable Federal law.
(c) Joint Procurement Clearinghouse.--
(1) In general.--The Secretary shall establish a
clearinghouse for the purpose of allowing grantees to aggregate
planned rolling stock purchases and identify joint procurement
participants.
(2) Information on procurements.--The clearinghouse may
include information on bus size, engine type, floor type, and
any other attributes necessary to identify joint procurement
participants.
(3) Limitations.--
(A) Access.--The clearinghouse shall only be
accessible to the Federal Transit Administration and
grantees.
(B) Participation.--No grantees shall be required
to submit procurement information to the database.
SEC. 3019. REVIEW OF PUBLIC TRANSPORTATION SAFETY STANDARDS.
(1) Review required.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall
begin a review of the safety standards and protocols
used in public transportation systems in the United
States that examines the efficacy of existing standards
and protocols.
(B) Contents of review.--In conducting the review
under this paragraph, the Secretary shall review--
(i) minimum safety performance standards
developed by the public transportation
industry;
(ii) safety performance standards,
practices, or protocols in use by rail fixed
guideway public transportation systems,
including--
(I) written emergency plans and
procedures for passenger evacuations;
(II) training programs to ensure
public transportation personnel
compliance and readiness in emergency
situations;
(III) coordination plans approved
by recipients with local emergency
responders having jurisdiction over a
rail fixed guideway public
transportation system, including--
(aa) emergency preparedness
training, drills, and
familiarization programs for
the first responders; and
(bb) the scheduling of
regular field exercises to
ensure appropriate response and
effective radio and public
safety communications;
(IV) maintenance, testing, and
inspection programs to ensure the
proper functioning of--
(aa) tunnel, station, and
vehicle ventilation systems;
(bb) signal and train
control systems, track,
mechanical systems, and other
infrastructure; and
(cc) other systems as
necessary;
(V) certification requirements for
train and bus operators and control
center employees;
(VI) consensus-based standards,
practices, or protocols available to
the public transportation industry; and
(VII) any other standards,
practices, or protocols the Secretary
determines appropriate; and
(iii) rail and bus safety standards,
practices, or protocols in use by public
transportation systems, regarding--
(I) rail and bus design and the
workstation of rail and bus operators,
as it relates to--
(aa) the reduction of
blindspots that contribute to
accidents involving
pedestrians; and
(bb) protecting rail and
bus operators from the risk of
assault;
(II) scheduling fixed route rail
and bus service with adequate time and
access for operators to use restroom
facilities;
(III) fatigue management; and
(IV) crash avoidance and
worthiness.
(2) Evaluation.--After conducting the review under
paragraph (1), the Secretary shall, in consultation with
representatives of the public transportation industry, evaluate
the need to establish additional Federal minimum public
transportation safety standards.
(3) Report.--After completing the review and evaluation
required under paragraphs (1) and (2), but not later than 1
year after the date of enactment of this Act, the Secretary
shall make available on a publicly accessible Web site, a
report that includes--
(A) findings based on the review conducted under
paragraph (1);
(B) the outcome of the evaluation conducted under
paragraph (2);
(C) a comprehensive set of recommendations to
improve the safety of the public transportation
industry, including recommendations for statutory
changes if applicable; and
(D) actions that the Secretary will take to address
the recommendations provided under subparagraph (C),
including, if necessary, the authorities under section
5329(b)(2)(D) of chapter 53 of title 49, United States
Code.
SEC. 3020. STUDY ON EVIDENTIARY PROTECTION FOR PUBLIC TRANSPORTATION
SAFETY PROGRAM INFORMATION.
(a) Study.--The Comptroller General shall complete a study to
evaluate whether it is in the public interest, including public safety
and the legal rights of persons injured in public transportation
accidents, to withhold from discovery or admission into evidence in a
Federal or State court proceeding any plan, report, data, or other
information or portion thereof, submitted to, developed, produced,
collected, or obtained by the Secretary or the Secretary's
representative for purposes of complying with the requirements under
section 5329 of chapter 53 of title 49, United States Code, including
information related to a recipient's safety plan, safety risks, and
mitigation measures.
(b) Input.--In conducting the study under subsection (a), the
Comptroller General shall solicit input from the public transportation
recipients, public transportation nonprofit employee labor
organizations, and impacted members of the general public.
(c) Report.--Not later than 18 months after the date of enactment
of this section, the Comptroller General shall issue a report, with the
findings of the study under subsection (a), including any
recommendations on statutory changes regarding evidentiary protections
that will increase transit safety.
SEC. 3021. MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES.
(a) Definitions.--In this section, the following definitions apply:
(1) Allocated cost model.--The term ``allocated cost
model'' means a method of determining the cost of trips by
allocating the cost to each trip purpose served by a
transportation provider in a manner that is proportional to the
level of transportation service that the transportation
provider delivers for each trip purpose, to the extent
permitted by applicable Federal laws.
(2) Council.--The term ``Council'' means the Interagency
Transportation Coordinating Council on Access and Mobility
established under Executive Order No. 13330 (49 U.S.C. 101
note).
(b) Strategic Plan.--Not later than 1 year after the date of
enactment of this Act, the Council shall publish a strategic plan for
the Council that--
(1) outlines the role and responsibilities of each Federal
agency with respect to local transportation coordination,
including nonemergency medical transportation;
(2) identifies a strategy to strengthen interagency
collaboration;
(3) addresses any outstanding recommendations made by the
Council in the 2005 Report to the President relating to the
implementation of Executive Order No. 13330, including--
(A) a cost-sharing policy endorsed by the Council;
and
(B) recommendations to increase participation by
recipients of Federal grants in locally developed,
coordinated planning processes;
(4) to the extent feasible, addresses recommendations by
the Comptroller General of the United States concerning local
coordination of transportation services;
(5) examines and proposes changes to Federal regulations
that will eliminate Federal barriers to local transportation
coordination, including non-emergency medical transportation;
and
(6) recommends to Congress changes to Federal laws, except
chapter 53 of title 49, United States Code, that will eliminate
Federal barriers to local transportation coordination,
including nonemergency medical transportation.
(c) Development of Cost-Sharing Policy in Compliance With
Applicable Federal Laws.--In establishing the cost-sharing policy
required under subsection (b), the Council may consider, to the extent
practicable--
(1) the development of recommended strategies for grantees
of programs funded by members of the Council, including
strategies for grantees of programs that fund nonemergency
medical transportation, to use the cost-sharing policy in a
manner that does not violate applicable Federal laws; and
(2) incorporation of an allocated cost model to facilitate
local coordination efforts that comply with applicable
requirements of programs funded by members of the Council, such
as--
(A) eligibility requirements;
(B) service delivery requirements; and
(C) reimbursement requirements.
(d) Report.--The Council shall, concurrently with submission to the
President of a report containing final recommendations of the Council,
transmit such report to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 3022. IMPROVED TRANSIT SAFETY MEASURES.
(a) Requirements.--Not later than 90 days after publication of the
report required in section 3019, the Secretary shall issue a notice of
proposed rulemaking on protecting transit operators from the risk of
assault.
(b) Consideration.--In the proposed rulemaking the Secretary shall
consider--
(1) different safety needs of drivers of different modes;
(2) differences in operating environments;
(3) the use of technology to mitigate driver assault risks;
(4) existing experience, from both agencies and operators
who already are using or testing driver assault mitigation
infrastructure; and
(5) the impact of the rule on future rolling stock
procurements and vehicles currently in revenue service.
(c) Savings Clause.--Nothing in this section may be construed as
prohibiting the Secretary from issuing different comprehensive worker
protections, including standards for mitigating assaults.
SEC. 3023. PARATRANSIT SYSTEM UNDER FTA APPROVED COORDINATED PLAN.
Notwithstanding the provisions of part 37.131(c) of title 49, Code
of Federal Regulations, any paratransit system currently coordinating
complementary paratransit service for more than 40 fixed route agencies
shall be permitted to continue using an existing tiered, distance-based
coordinated paratransit fare system.
SEC. 3024. REPORT ON POTENTIAL OF INTERNET OF THINGS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Transportation shall submit to Congress a report
on the potential of the Internet of Things to improve transportation
services in rural, suburban, and urban areas. Such report shall
include--
(1) a survey of the communities, cities, and States that
are using innovative transportation systems to meet the needs
of ageing populations;
(2) best practices to protect privacy and security
determined as a result of such survey;
(3) recommendations with respect to the potential of the
Internet of Things to assist local, State, and Federal planners
to develop more efficient and accurate projections of the
transportation needs of rural, suburban, and urban communities.
SEC. 3025. REPORT ON PARKING SAFETY.
(a) Report.--Not later than 8 months after the date of enactment of
this Act, 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
regarding the safety of certain facilities and locations, focusing on
any property damage, injuries or deaths, and other incidents that occur
or originate at locations intended to encourage public use of
alternative transportation, including--
(1) car pool lots;
(2) mass transit lots;
(3) local, State, or regional rail stations;
(4) rest stops;
(5) college or university lots;
(6) bike paths or walking trails; and
(7) any other locations that the Secretary considers
appropriate.
(b) Recommendations.--Included with the report, the Secretary shall
make recommendations to Congress on the best ways to use innovative
technologies to increase safety and ensure a better response by transit
security, local, State, and Federal law enforcement to address threats
to public safety.
SEC. 3026. APPOINTMENT OF DIRECTORS OF THE WASHINGTON METROPOLITAN AREA
TRANSIT AUTHORITY.
(a) Definitions.--In this section--
(1) the term ``Compact'' means the Washington Metropolitan
Area Transit Authority Compact (Public Law 89-774; 80 Stat.
1324);
(2) the term ``Federal Director'' means--
(A) a voting member of the Board of Directors of
the Transit Authority who represents the Federal
Government; and
(B) a nonvoting member of the Board of Directors of
the Transit Authority who serves as an alternate for a
member described in subparagraph (A); and
(3) the term ``Transit Authority'' means the Washington
Metropolitan Area Transit Authority established under Article
III of the Compact.
(b) Appointment by Secretary of Transportation.--
(1) In general.--For any appointment made on or after the
date of enactment of this Act, the Secretary of Transportation
shall have sole authority to appoint Federal Directors to the
Board of Directors of the Transit Authority.
(2) Amendment to compact.--The signatory parties to the
Compact shall amend the Compact as necessary in accordance with
paragraph (1).
SEC. 3027. EFFECTIVENESS OF PUBLIC TRANSPORTATION CHANGES AND FUNDING.
Not later than 18 months after the date of enactment of this Act,
the Comptroller General shall examine and evaluate the impact of the
changes that MAP-21 had on public transportation, including--
(1) the ability and effectiveness of public transportation
agencies to provide public transportation to low-income workers
in accessing jobs and being able to use reverse commute
services;
(2) whether services to low-income riders declined after
MAP-21 was implemented; and
(3) if guidance provided by the Federal Transit
Administration encouraged public transportation agencies to
maintain and support services to low-income riders to allow
them to access jobs, medical services, and other life
necessities.
SEC. 3028. INCREASE SUPPORT FOR GROWING STATES.
Section 5340 of title 49, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Apportionment.--Of the amounts made available for each fiscal
year under section 5338(b)(2)(M), the Secretary shall apportion 100
percent to States and urbanized areas in accordance with subsection
(c).''; and
(2) by striking subsection (d).
TITLE IV--HIGHWAY SAFETY
SEC. 4001. 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):
(1) Highway safety programs.--For carrying out section 402
of title 23, United States Code--
(A) $260,274,200 for fiscal year 2016;
(B) $265,935,829 for fiscal year 2017;
(C) $271,787,002 for fiscal year 2018;
(D) $278,090,300 for fiscal year 2019;
(E) $284,874,829 for fiscal year 2020; and
(F) $291,195,558 for fiscal year 2021.
(2) Highway safety research and development.--For carrying
out section 403 of title 23, United States Code--
(A) $115,951,600 for fiscal year 2016;
(B) $118,398,179 for fiscal year 2017;
(C) $121,665,968 for fiscal year 2018;
(D) $124,926,616 for fiscal year 2019;
(E) $128,187,201 for fiscal year 2020; and
(F) $131,455,975 for fiscal year 2021.
(3) National priority safety programs.--For carrying out
section 405 of title 23, United States Code--
(A) $275,862,400 for fiscal year 2016;
(B) $281,186,544 for fiscal year 2017;
(C) $286,500,970 for fiscal year 2018;
(D) $292,316,940 for fiscal year 2019;
(E) $298,601,754 for fiscal year 2020; and
(F) $304,394,628 for fiscal year 2021.
(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 2016;
(B) $5,000,000 for fiscal year 2017;
(C) $5,000,000 for fiscal year 2018;
(D) $5,000,000 for fiscal year 2019;
(E) $5,000,000 for fiscal year 2020; and
(F) $5,000,000 for fiscal year 2021.
(5) High-visibility enforcement program.--For carrying out
section 404 of title 23, United States Code--
(A) $29,411,800 for fiscal year 2016;
(B) $29,979,448 for fiscal year 2017;
(C) $30,546,059 for fiscal year 2018;
(D) $31,166,144 for fiscal year 2019;
(E) $31,836,216 for fiscal year 2020; and
(F) $32,453,839 for fiscal year 2021.
(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 title--
(A) $25,500,000 for fiscal year 2016;
(B) $25,500,000 for fiscal year 2017;
(C) $25,500,000 for fiscal year 2018;
(D) $25,500,000 for fiscal year 2019;
(E) $25,500,000 for fiscal year 2020; and
(F) $25,500,000 for fiscal year 2021.
(b) Prohibition on Other Uses.--Except as otherwise provided in
chapter 4 of title 23, United States Code, and chapter 303 of title 49,
United States Code, the amounts made available from the Highway Trust
Fund (other than the Mass Transit Account) for a program under such
chapters--
(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 chapter 303 of title 49,
United States Code, amounts made available under subsection (a) for
fiscal years 2016 through 2021 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) State Matching Requirements.--If a grant awarded under chapter
4 of title 23, United States Code, requires a State to share in the
cost, the aggregate of all expenditures for highway safety activities
made during a fiscal year by the State and its political subdivisions
(exclusive of Federal funds) for carrying out the grant (other than
planning and administration) that are in excess of the amount required
under Federal law shall be available for the purpose of crediting the
State during such fiscal year for the non-Federal share of the cost of
any other project carried out under chapter 4 of title 23, United
States Code (other than planning or administration), without regard to
whether such expenditures were made in connection with such project.
(e) Grant Application and Deadline.--To receive a grant under
chapter 4 of title 23, United States Code, 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.
SEC. 4002. HIGHWAY SAFETY PROGRAMS.
Section 402 of title 23, United States Code, is amended--
(1) in subsection (a)(2)(A)--
(A) in clause (vi) by striking ``and'' at the end;
(B) in clause (vii) by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following:
``(viii) to increase driver awareness of
commercial motor vehicles to prevent crashes
and reduce injuries and fatalities;'';
(2) in subsection (c)(4), by adding at the end the
following:
``(C) Survey.--A State shall expend funds
apportioned to that State under this section to conduct
a biennial survey that the Secretary shall make
publicly available through the Internet Web site of the
Department of Transportation that includes--
``(i) a list of automated traffic
enforcement systems in the State;
``(ii) adequate data to measure the
transparency, accountability, and safety
attributes of each automated traffic
enforcement system; and
``(iii) a comparison of each automated
traffic enforcement system with--
``(I) Speed Enforcement Camera
Systems Operational Guidelines (DOT HS
810 916, March 2008); and
``(II) Red Light Camera Systems
Operational Guidelines (FHWA-SA-05-002,
January 2005).'';
(3) by striking subsection (g) and inserting the following:
``(g) Restriction.--Nothing in this section may be construed to
authorize the appropriation or expenditure of funds for highway
construction, maintenance, or design (other than design of safety
features of highways to be incorporated into guidelines).'';
(4) in subsection (k)--
(A) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) Electronic submission.--The Secretary, in
coordination with the Governors Highway Safety Association,
shall develop procedures to allow States to submit highway
safety plans under this subsection, including any attachments
to the plans, in electronic form.''; and
(5) in subsection (m)(2)(A)--
(A) in clause (iv) by striking ``and'' at the end;
and
(B) by adding at the end the following:
``(vi) increase driver awareness of
commercial motor vehicles to prevent crashes
and reduce injuries and fatalities;
``(vii) support for school-based driver's
education classes to improve teen knowledge
about--
``(I) safe driving practices; and
``(II) State's graduated driving
license requirements, including behind-
the-wheel training required to meet
those requirements; and''.
SEC. 4003. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
Section 403 of title 23, United States Code, is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (E) by striking ``and'' at the
end;
(B) by redesignating subparagraph (F) as
subparagraph (G);
(C) by inserting after subparagraph (E) the
following:
``(F) the installation of ignition interlocks in
the United States; and''; and
(D) in subparagraph (G), as so redesignated, by
striking ``in subparagraphs (A) through (E)'' and
inserting ``in subparagraphs (A) through (F)'';
(2) in subsection (h) by striking paragraph (2) and
inserting the following:
``(2) Funding.--The Secretary shall obligate for each of
fiscal years 2016 through 2021, from funds made available to
carry out this section, except that the total obligated for the
period covering fiscal years 2016 through 2021 may not exceed
$32,000,000, to conduct the research described in paragraph
(1).''; and
(3) by adding at the end the following:
``(i) Limitation on Drug and Alcohol Survey Data.--The Secretary
shall establish procedures and guidelines to ensure that any person
participating in a program or activity that collects data on drug or
alcohol use by drivers of motor vehicles and is carried out under this
section is informed that the program or activity is voluntary.
``(j) Federal Share.--The Federal share of the cost of any project
or activity carried out under this section may be not more than 100
percent.''.
SEC. 4004. HIGH-VISIBILITY ENFORCEMENT PROGRAM.
(a) In General.--Section 404 of title 23, United States Code, is
amended to read as follows:
``Sec. 404. High-visibility enforcement program
``(a) In General.--The Administrator of the National Highway
Traffic Safety Administration shall establish and administer a program
under which not less than 3 campaigns will be carried out in each of
fiscal years 2016 through 2021.
``(b) Purpose.--The purpose of each campaign carried out under this
section shall be to achieve outcomes related to not less than 1 of the
following objectives:
``(1) Reduce alcohol-impaired or drug-impaired operation of
motor vehicles.
``(2) Increase use of seatbelts by occupants of motor
vehicles.
``(3) Reduce distracted driving of motor vehicles.
``(c) Advertising.--The Administrator may use, or authorize the use
of, funds available to carry out this section to pay for the
development, production, and use of broadcast and print media
advertising and Internet-based outreach in carrying out campaigns under
this section. Consideration shall be given to advertising directed at
non-English speaking populations, including those who listen to, read,
or watch nontraditional media.
``(d) Coordination With States.--The Administrator shall coordinate
with States in carrying out the campaigns under this section, including
advertising funded under subsection (c), with consideration given to--
``(1) relying on States to provide law enforcement
resources for the campaigns out of funding available under
sections 402 and 405; and
``(2) providing out of National Highway Traffic Safety
Administration resources most of the means necessary for
national advertising and education efforts associated with the
campaigns.
``(e) Use of Funds.--Funds made available to carry out this section
may only be used for activities described in subsection (c).
``(f) Definitions.--In this section, the following definitions
apply:
``(1) Campaign.--The term `campaign' means a high-
visibility traffic safety law enforcement campaign.
``(2) State.--The term `State' has the meaning such term
has under section 401.''.
(b) Clerical Amendment.--The analysis for chapter 4 of title 23,
United States Code, is amended by striking the item relating to section
404 and inserting the following:
``404. High-visibility enforcement program.''.
SEC. 4005. NATIONAL PRIORITY SAFETY PROGRAMS.
(a) General Authority.--Section 405(a) of title 23, United States
Code, is amended to read as follows:
``(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 following:
``(1) Occupant protection.--In each fiscal year, 13 percent
of the funds provided under this section 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)).
``(2) State traffic safety information system
improvements.--In each fiscal year, 14.5 percent of the funds
provided under this section shall be allocated among States
that meet requirements with respect to State traffic safety
information system improvements (as described in subsection
(c)).
``(3) Impaired driving countermeasures.--In each fiscal
year, 52.5 percent of the funds provided under this section
shall be allocated among States that meet requirements with
respect to impaired driving countermeasures (as described in
subsection (d)).
``(4) Distracted driving.--In each fiscal year, 8.5 percent
of the funds provided under this section shall be allocated
among States that adopt and implement effective laws to reduce
distracted driving (as described in subsection (e)).
``(5) Motorcyclist safety.--In each fiscal year, 1.5
percent of the funds provided under this section shall be
allocated among States that implement motorcyclist safety
programs (as described in subsection (f)).
``(6) State graduated driver licensing laws.--In each
fiscal year, 5 percent of the funds provided under this section
shall be allocated among States that adopt and implement
graduated driver licensing laws (as described in subsection
(g)).
``(7) Nonmotorized safety.--In each fiscal year, 5 percent
of the funds provided under this section shall be allocated
among States that meet requirements with respect to
nonmotorized safety (as described in subsection (h)).
``(8) Transfers.--Notwithstanding paragraphs (1) through
(7), 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 (h) to
increase 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.
``(9) Maintenance of effort.--
``(A) 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 expenditures
from all State and local sources for programs described
in those subsections at or above the average level of
such expenditures in the 2 fiscal years preceding the
date of enactment of this paragraph.
``(B) Waiver.--Upon the request of a State, the
Secretary may waive or modify the requirements under
subparagraph (A) for not more than 1 fiscal year if the
Secretary determines that such a waiver would be
equitable due to exceptional or uncontrollable
circumstances.''.
(b) High Seatbelt Use Rate.--Section 405(b)(4)(B) of title 23,
United States Code, is amended by striking ``75 percent'' and inserting
``100 percent''.
(c) Impaired Driving Countermeasures.--Section 405(d) of title 23,
United States Code, is amended--
(1) by striking paragraph (4) and inserting the following:
``(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 low-
range 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, drugs, or the combination
of alcohol and drugs;
``(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, 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;
``(vii) training on the use of alcohol and
drug screening and brief intervention;
``(viii) training for and implementation of
impaired driving assessment programs or other
tools designed to increase the probability of
identifying the recidivism risk of a person
convicted of driving under the influence of
alcohol, drugs, or a combination of alcohol and
drugs and to determine the most effective
mental health or substance abuse treatment or
sanction that will reduce such risk;
``(ix) developing impaired driving
information systems; and
``(x) 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 and
may use not more than 50 percent of funds made
available under this subsection for any project or
activity eligible for funding under section 402.
Medium- and high-range States may use funds for any
expenditure designed to reduce impaired driving based
on problem identification upon approval by the
Secretary.''; and
(2) by striking paragraph (6)(A) and inserting the
following:
``(A) In general.--The Secretary shall make a
separate grant under this subsection to each State that
adopts and is enforcing a law that requires any
individual convicted of driving under the influence of
alcohol or of driving while intoxicated to receive a
restriction on driving privileges that limits the
individual to operating only motor vehicles with an
ignition interlock installed. Such law may provide
limited exceptions for circumstances when--
``(i) a State-certified ignition interlock
provider is not available within 100 miles of
the individual's residence;
``(ii) the individual is required to
operate an employer's motor vehicle in the
course and scope of employment and the business
entity that owns the vehicle is not owned or
controlled by the individual; or
``(iii) the individual is certified by a
medical doctor as being unable to provide a
deep lung breath sample for analysis by an
ignition interlock device.''.
(d) Distracted Driving Grants.--Section 405(e) of title 23, United
States Code, is amended to read as follows:
``(e) Distracted Driving Grants.--
``(1) In general.--The Secretary shall award a grant under
this subsection to any State that includes distracted driving
awareness as part of the State's driver's license examination,
and enacts and enforces a law that meets the requirements set
forth in paragraphs (2) and (3).
``(2) Prohibition on texting while driving.--A State law
meets the requirements set forth in this paragraph if the law--
``(A) prohibits a driver from texting through a
personal wireless communications device while driving;
``(B) makes violation of the law a primary offense;
``(C) establishes a minimum fine for a violation of
the law; and
``(D) does not provide for an exemption that
specifically allows a driver to text through a personal
wireless communication device while stopped in traffic.
``(3) Prohibition on youth cell phone use while driving or
stopped in traffic.--A State law meets the requirements set
forth in this paragraph if the law--
``(A) prohibits a driver from using a personal
wireless communications device while driving if the
driver is--
``(i) younger than 18 years of age; or
``(ii) in the learner's permit and
intermediate license stages set forth in
subsection (g)(2)(B);
``(B) makes violation of the law a primary offense;
``(C) establishes a minimum fine for a violation of
the law; and
``(D) does not provide for an exemption that
specifically allows a driver to text through a personal
wireless communication device while stopped in traffic.
``(4) Permitted exceptions.--A law that meets the
requirements set forth in paragraph (2) or (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;
``(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 31136 of title 49; and
``(D) any additional exceptions determined by the
Secretary through a rulemaking process.
``(5) Use of grant funds.--
``(A) In general.--Except as provided in
subparagraph (B), amounts received by a State under
this subsection 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.
``(B) Flexibility.--
``(i) Not more than 50 percent of
amounts received by a State under this
subsection may be used for any eligible
project or activity under section 402.
``(ii) Not more than 75 percent of
amounts received by a State under this
subsection may be used for any eligible
project or activity under section 402
if the State has conformed its
distracted driving data to the most
recent Model Minimum Uniform Crash
Criteria published by the Secretary.
``(6) 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 not more than $5,000,000 for the development and
placement of broadcast media to reduce distracted driving of
motor vehicles, including to support campaigns related to
distracted driving that are funded under section 404.
``(7) 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.
``(8) Definitions.--In this subsection, the following
definitions apply:
``(A) Driving.--The term `driving'--
``(i) means operating a motor vehicle on a
public road; 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, emailing, instant messaging, or
engaging in any other form of electronic data retrieval
or electronic data communication.''.
(e) Motorcyclist Safety.--Section 405(f) of title 23, United States
Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) 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, except that the amount of a grant awarded to
a State for a fiscal year may not exceed 25 percent of the
amount apportioned to the State under such section for fiscal
year 2009.'';
(2) in paragraph (4) by adding at the end the following:
``(C) Flexibility.--Not more than 50 percent of
grant funds received by a State under this subsection
may be used for any eligible project or activity under
section 402 if the State is in the lowest 25 percent of
all States for motorcycle deaths per 10,000 motorcycle
registrations based on the most recent data that
conforms with criteria established by the Secretary.'';
and
(3) by adding at the end the following:
``(6) Share-the-road model language.--Not later than 1 year
after the date of enactment of this paragraph, the Secretary
shall update and provide to the States model language for use
in traffic safety education courses, driver's manuals, and
other driver training materials that provides instruction for
drivers of motor vehicles on the importance of sharing the road
safely with motorcyclists.''.
(f) State Graduated Driver Licensing Incentive Grant.--Section
405(g) of title 23, United States Code, is amended to read as follows:
``(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 18 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
comply with the additional requirements under
subparagraph (C) and includes--
``(i) a learner's permit stage that--
``(I) is not less than 6 months in
duration and remains in effect until
the driver reaches not less than 16
years of age;
``(II) contains a prohibition on
the driver using a personal wireless
communications device (as defined in
subsection (e)) while driving except
under an exception permitted under
subsection (e)(4);
``(III) requires that the driver be
accompanied and supervised at all times
while operating a motor vehicle by a
licensed driver who is--
``(aa) not less than 21
years of age;
``(bb) the driver's parent
or guardian; or
``(cc) a State-certified
driving instructor; and
``(IV) complies with the additional
requirements for a learner's permit
stage set forth in subparagraph (C)(i);
and
``(ii) an intermediate stage that--
``(I) is not less than 6 months in
duration;
``(II) contains a prohibition on
the driver using a personal wireless
communications device (as defined in
subsection (e)) while driving except
under an exception permitted under
subsection (e)(4);
``(III) for the first 6 months of
such stage, restricts driving at night
when not supervised by a licensed
driver described in clause (i)(III),
excluding transportation to work,
school, or religious activities, or in
the case of an emergency;
``(IV) for a period of not less
than 6 months, prohibits the driver
from operating a motor vehicle with
more than 1 nonfamilial passenger under
21 years of age unless a licensed
driver described in clause (i)(III) is
in the vehicle; and
``(V) complies with the additional
requirements for an intermediate stage
set forth in subparagraph (C)(ii).
``(C) Additional requirements.--
``(i) Learner's permit stage.--In addition
to the requirements of subparagraph (B)(i), a
learner's permit stage shall include not less
than 2 of the following requirements:
``(I) Passage of a vision and
knowledge assessment by a learner's
permit applicant prior to receiving a
learner's permit.
``(II) The driver completes--
``(aa) a State-certified
driver education or training
course; or
``(bb) not less than 40
hours of behind-the-wheel
training with a licensed driver
described in subparagraph
(B)(i)(III).
``(III) In addition to any other
penalties imposed by State law, the
grant of an unrestricted driver's
license or advancement to an
intermediate stage be automatically
delayed for any individual who, during
the learner's permit stage, is
convicted of a driving-related offense,
including--
``(aa) driving while
intoxicated;
``(bb) misrepresentation of
the individual's age;
``(cc) reckless driving;
``(dd) driving without
wearing a seatbelt;
``(ee) speeding; or
``(ff) any other driving-
related offense, as determined
by the Secretary.
``(ii) Intermediate stage.--In addition to
the requirements of subparagraph (B)(ii), an
intermediate stage shall include not less than
2 of the following requirements:
``(I) Commencement of such stage
after the successful completion of a
driving skills test.
``(II) That such stage remain in
effect until the driver reaches the age
of not less than 17.
``(III) In addition to any other
penalties imposed by State law, the
grant of an unrestricted driver's
license be automatically delayed for
any individual who, during the
learner's permit stage, is convicted of
a driving-related offense, including
those described in clause (i)(III).
``(3) 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--
``(A) 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
``(B) 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 the
State's apportionment under section 402 for fiscal year 2009.
``(5) Use of funds.--
``(A) In general.--Except as provided in
subparagraph (B), grant funds received by a State under
this subsection 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; or
``(v) carrying out a teen traffic safety
program described in section 402(m).
``(B) Flexibility.--
``(i) Not more than 75 percent of grant
funds received by a State under this subsection
may be used for any eligible project or
activity under section 402.
``(ii) Not more than 100 percent of grant
funds received by a State under this subsection
may be used for any eligible project or
activity under section 402, if the State is in
the lowest 25 percent of all States for the
number of drivers under age 18 involved in
fatal crashes in the State per the total number
of drivers under age 18 in the State based on
the most recent data that conforms with
criteria established by the Secretary.''.
(g) Nonmotorized Safety.--Section 405 of title 23, United States
Code, is amended by adding at the end the following:
``(h) Nonmotorized Safety.--
``(1) General authority.--Subject to the requirements under
this subsection, the Secretary shall award grants to States for
the purpose of decreasing pedestrian and bicycle fatalities and
injuries that result from crashes involving a motor vehicle.
``(2) Federal share.--The Federal share of the cost of a
project carried out by a State using amounts from a grant
awarded under this subsection may not exceed 80 percent.
``(3) Eligibility.--A State shall receive a grant under
this subsection in a fiscal year if the annual combined
pedestrian and bicycle fatalities in the State exceed 15
percent of the total annual crash fatalities in the State,
based on the most recently reported final data from the
Fatality Analysis Reporting System.
``(4) Use of grant amounts.--Grant funds received by a
State under this subsection may be used for--
``(A) training of law enforcement officials on
State laws applicable to pedestrian and bicycle safety;
``(B) enforcement mobilizations and campaigns
designed to enforce State traffic laws applicable to
pedestrian and bicycle safety; and
``(C) public education and awareness programs
designed to inform motorists, pedestrians, and
bicyclists of State traffic laws applicable to
pedestrian and bicycle safety.
``(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.''.
SEC. 4006. PROHIBITION ON FUNDS TO CHECK HELMET USAGE OR CREATE RELATED
CHECKPOINTS FOR A MOTORCYCLE DRIVER OR PASSENGER.
The Secretary may not provide a grant or otherwise make available
funding to a State, Indian tribe, county, municipality, or other local
government to be used for a program or activity to check helmet usage,
including checkpoints related to helmet usage, with respect to a
motorcycle driver or passenger.
SEC. 4007. MARIJUANA-IMPAIRED DRIVING.
(a) Study.--The Secretary, in consultation with the heads of other
Federal agencies as appropriate, shall conduct a study on marijuana-
impaired driving.
(b) Issues To Be Examined.--In conducting the study, the Secretary
shall examine, at a minimum, the following:
(1) Methods to detect marijuana-impaired driving, including
devices capable of measuring marijuana levels in motor vehicle
operators.
(2) A review of impairment standard research for driving
under the influence of marijuana.
(3) Methods to differentiate the cause of a driving
impairment between alcohol and marijuana.
(4) State-based policies on marijuana-impaired driving.
(5) The role and extent of marijuana impairment in motor
vehicle accidents.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in cooperation with other
Federal agencies as appropriate, 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 on the results of the
study.
(2) Contents.--The report shall include, at a minimum, the
following:
(A) Findings.--The findings of the Secretary based
on the study, including, at a minimum, the following:
(i) An assessment of methodologies and
technologies for measuring driver impairment
resulting from the use of marijuana, including
the use of marijuana in combination with
alcohol.
(ii) A description and assessment of the
role of marijuana as a causal factor in traffic
crashes and the extent of the problem of
marijuana-impaired driving.
(iii) A description and assessment of
current State laws relating to marijuana-
impaired driving.
(iv) A determination whether an impairment
standard for drivers under the influence of
marijuana is feasible and could reduce vehicle
accidents and save lives.
(B) Recommendations.--The recommendations of the
Secretary based on the study, including, at a minimum,
the following:
(i) Effective and efficient methods for
training law enforcement personnel, including
drug recognition experts, to detect or measure
the level of impairment of a motor vehicle
operator who is under the influence of
marijuana by the use of technology or
otherwise.
(ii) If feasible, an impairment standard
for driving under the influence of marijuana.
(iii) Methodologies for increased data
collection regarding the prevalence and effects
of marijuana-impaired driving.
(d) Marijuana Defined.--In this section, the term ``marijuana''
includes all substances containing tetrahydrocannabinol.
SEC. 4008. NATIONAL PRIORITY SAFETY PROGRAM GRANT ELIGIBILITY.
Not later than 60 days after the date on which the Secretary of
Transportation awards grants under section 405 of title 23, United
States Code, the Secretary shall make available on a publicly available
Internet Web site of the Department of Transportation--
(1) an identification of--
(A) the States that were awarded grants under such
section;
(B) the States that applied and were not awarded
grants under such section; and
(C) the States that did not apply for a grant under
such section; and
(2) a list of deficiencies that made a State ineligible for
a grant under such section for each State under paragraph
(1)(B).
SEC. 4009. DATA COLLECTION.
Section 1906 of SAFETEA-LU (23 U.S.C. 402 note) is amended--
(1) in subsection (a)(1)--
(A) by striking ``(A) has enacted'' and all that
follows through ``(B) is maintaining'' and inserting
``is maintaining''; and
(B) by striking ``and any passengers'';
(2) by striking subsection (b) and inserting the following:
``(b) Use of Grant Funds.--A grant received by a State under
subsection (a) shall be used by the State for the costs of--
``(1) collecting and maintaining data on traffic stops; and
``(2) evaluating the results of the data.'';
(3) by striking subsection (c) and redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively;
(4) in subsection (c)(2), as so redesignated, by striking
``A State'' and inserting ``On or after October 1, 2015, a
State''; and
(5) in subsection (d), as so redesignated--
(A) in the subsection heading by striking
``Authorization of Appropriations'' and inserting
``Funding'';
(B) by striking paragraph (1) and inserting the
following:
``(1) In general.--From funds made available under section
403 of title 23, United States Code, the Secretary shall set
aside $7,500,000 for each of the fiscal years 2016 through 2021
to carry out this section.''; and
(C) in paragraph (2)--
(i) by striking ``authorized by'' and
inserting ``made available under''; and
(ii) by striking ``percent,'' and all that
follows through the period at the end and
inserting ``percent.''.
SEC. 4010. TECHNICAL CORRECTIONS.
Title 23, United States Code, is amended as follows:
(1) Section 402 is amended--
(A) in subsection (b)(1)--
(i) in subparagraph (C) by striking
``paragraph (3)'' and inserting ``paragraph
(2)''; and
(ii) in subparagraph (E)--
(I) by striking ``in which'' and
inserting ``for which''; and
(II) by striking ``under subsection
(f)'' and inserting ``under subsection
(k)''; and
(B) in subsection (k)(5), as redesignated by this
Act, by striking ``under paragraph (2)(A)'' and
inserting ``under paragraph (3)(A)''.
(2) Section 403(e) is amended by striking ``chapter 301''
and inserting ``chapter 301 of title 49''.
(3) Section 405 is amended--
(A) in subsection (d)--
(i) in paragraph (5) by striking ``under
section 402(c)'' and inserting ``under section
402''; and
(ii) in paragraph (6)(C) by striking ``on
the basis of the apportionment formula set
forth in section 402(c)'' and inserting ``in
proportion to the State's apportionment under
section 402 for fiscal year 2009''; and
(B) in subsection (f)(4)(A)(iv)--
(i) by striking ``such as the'' and
inserting ``including''; and
(ii) by striking ``developed under
subsection (g)''.
TITLE V--MOTOR CARRIER SAFETY
Subtitle A--Motor Carrier Safety Grant Consolidation
SEC. 5101. GRANTS TO STATES.
(a) Motor Carrier Safety Assistance Program.--Section 31102 of
title 49, United States Code, is amended to read as follows:
``Sec. 31102. Motor carrier safety assistance program
``(a) In General.--The Secretary of Transportation shall administer
a motor carrier safety assistance program funded under section 31104.
``(b) Goal.--The goal of the program is to ensure that the
Secretary, States, local governments, other political jurisdictions,
federally recognized Indian tribes, and other persons 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--
``(1) making targeted investments to promote safe
commercial motor vehicle transportation, including the
transportation of passengers and hazardous materials;
``(2) investing in activities likely to generate maximum
reductions in the number and severity of commercial motor
vehicle crashes and in fatalities resulting from such crashes;
``(3) adopting and enforcing effective motor carrier,
commercial motor vehicle, and driver safety regulations and
practices consistent with Federal requirements; and
``(4) assessing and improving statewide performance by
setting program goals and meeting performance standards,
measures, and benchmarks.
``(c) State Plans.--
``(1) In general.--In carrying out the program, the
Secretary shall prescribe procedures for a State to submit a
multiple-year plan, and annual updates thereto, under which the
State agrees to assume responsibility for improving motor
carrier safety by adopting and enforcing State regulations,
standards, and orders that are compatible with the regulations,
standards, and orders of the Federal Government on commercial
motor vehicle safety and hazardous materials transportation
safety.
``(2) Contents.--The Secretary shall approve a State plan
if the Secretary determines that the plan is adequate to comply
with the requirements of this section, and the plan--
``(A) implements performance-based activities,
including deployment and maintenance of technology to
enhance the efficiency and effectiveness of commercial
motor vehicle safety programs;
``(B) designates a lead State commercial motor
vehicle safety agency responsible for administering the
plan throughout the State;
``(C) contains satisfactory assurances that the
lead State commercial motor vehicle safety agency has
or will have the legal authority, resources, and
qualified personnel necessary to enforce the
regulations, standards, and orders;
``(D) contains satisfactory assurances that the
State will devote adequate resources to the
administration of the plan and enforcement of the
regulations, standards, and orders;
``(E) provides a right of entry and inspection to
carry out the plan;
``(F) provides that all reports required under this
section be available to the Secretary on request;
``(G) provides that the lead State commercial motor
vehicle safety agency will adopt the reporting
requirements and use the forms for recordkeeping,
inspections, and investigations that the Secretary
prescribes;
``(H) requires all registrants of commercial motor
vehicles to demonstrate knowledge of applicable safety
regulations, standards, and orders of the Federal
Government and the State;
``(I) provides that the State will grant maximum
reciprocity for inspections conducted under the North
American Inspection Standards through the use of a
nationally accepted system that allows ready
identification of previously inspected commercial motor
vehicles;
``(J) ensures that activities described in
subsection (h), if financed through grants to the State
made under this section, will not diminish the
effectiveness of the development and implementation of
the programs to improve motor carrier, commercial motor
vehicle, and driver safety as described in subsection
(b);
``(K) ensures that the lead State commercial motor
vehicle safety agency will coordinate the plan, data
collection, and information systems with the State
highway safety improvement program required under
section 148(c) of title 23;
``(L) ensures participation in appropriate Federal
Motor Carrier Safety Administration information
technology and data systems and other information
systems by all appropriate jurisdictions receiving
motor carrier safety assistance program funding;
``(M) ensures that information is exchanged among
the States in a timely manner;
``(N) provides satisfactory assurances that the
State will undertake efforts that will emphasize and
improve enforcement of State and local traffic safety
laws and regulations related to commercial motor
vehicle safety;
``(O) provides satisfactory assurances that the
State will address national priorities and performance
goals, including--
``(i) activities aimed at removing impaired
commercial motor vehicle drivers from the
highways of the United States through adequate
enforcement of regulations on the use of
alcohol and controlled substances and by
ensuring ready roadside access to alcohol
detection and measuring equipment;
``(ii) activities aimed at providing an
appropriate level of training to State motor
carrier safety assistance program officers and
employees on recognizing drivers impaired by
alcohol or controlled substances; and
``(iii) when conducted with an appropriate
commercial motor vehicle inspection, criminal
interdiction activities, and appropriate
strategies for carrying out those interdiction
activities, including interdiction activities
that affect the transportation of controlled
substances (as defined in section 102 of the
Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. 802) and listed in part
1308 of title 21, Code of Federal Regulations,
as updated and republished from time to time)
by any occupant of a commercial motor vehicle;
``(P) provides that the State has established and
dedicated sufficient resources to a program to ensure
that--
``(i) the State collects and reports to the
Secretary accurate, complete, and timely motor
carrier safety data; and
``(ii) the State participates in a national
motor carrier safety data correction system
prescribed by the Secretary;
``(Q) ensures that the State will cooperate in the
enforcement of financial responsibility requirements
under sections 13906, 31138, and 31139 and regulations
issued under those sections;
``(R) ensures consistent, effective, and reasonable
sanctions;
``(S) ensures that roadside inspections will be
conducted at locations that are adequate to protect the
safety of drivers and enforcement personnel;
``(T) provides that the State will include in the
training manuals for the licensing examination to drive
noncommercial motor vehicles and commercial motor
vehicles information on best practices for driving
safely in the vicinity of noncommercial and commercial
motor vehicles;
``(U) provides that the State will enforce the
registration requirements of sections 13902 and 31134
by prohibiting the operation of any vehicle discovered
to be operated by a motor carrier without a
registration issued under those sections or to be
operated beyond the scope of the motor carrier's
registration;
``(V) provides that the State will conduct
comprehensive and highly visible traffic enforcement
and commercial motor vehicle safety inspection programs
in high-risk locations and corridors;
``(W) except in the case of an imminent hazard or
obvious safety hazard, ensures that an inspection of a
vehicle transporting passengers for a motor carrier of
passengers is conducted at a bus station, terminal,
border crossing, maintenance facility, destination, or
other location where a motor carrier may make a planned
stop (excluding a weigh station);
``(X) ensures that the State will transmit to its
roadside inspectors notice of each Federal exemption
granted under section 31315(b) of this title and
sections 390.23 and 390.25 of title 49, Code of Federal
Regulations, and provided to the State by the
Secretary, including the name of the person that
received the exemption and any terms and conditions
that apply to the exemption;
``(Y) except as provided in subsection (d),
provides that the State--
``(i) will conduct safety audits of
interstate and, at the State's discretion,
intrastate new entrant motor carriers under
section 31144(g); and
``(ii) if the State authorizes a third
party to conduct safety audits under section
31144(g) on its behalf, the State verifies the
quality of the work conducted and remains
solely responsible for the management and
oversight of the activities;
``(Z) provides that the State agrees to fully
participate in the performance and registration
information systems management under section 31106(b)
not later than October 1, 2020, by complying with the
conditions for participation under paragraph (3) of
that section, or demonstrates to the Secretary an
alternative approach for identifying and immobilizing a
motor carrier with serious safety deficiencies in a
manner that provides an equivalent level of safety;
``(AA) in the case of a State that shares a land
border with another country, provides that the State--
``(i) will conduct a border commercial
motor vehicle safety program focusing on
international commerce that includes
enforcement and related projects; or
``(ii) will forfeit all funds calculated by
the Secretary based on border-related
activities if the State declines to conduct the
program described in clause (i) in its plan;
and
``(BB) in the case of a State that meets the other
requirements of this section and agrees to comply with
the requirements established in subsection (l)(3),
provides that the State may fund operation and
maintenance costs associated with innovative technology
deployment under subsection (l)(3) with motor carrier
safety assistance program funds authorized under
section 31104(a)(1).
``(3) Publication.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall publish each approved State multiple-
year plan, and each annual update thereto, on a
publically accessible Internet Web site of the
Department of Transportation not later than 30 days
after the date the Secretary approves the plan or
update.
``(B) Limitation.--Before publishing an approved
State multiple-year plan or annual update under
subparagraph (A), the Secretary shall redact any
information identified by the State that, if
disclosed--
``(i) would reasonably be expected to
interfere with enforcement proceedings; or
``(ii) would reveal enforcement techniques
or procedures that would reasonably be expected
to risk circumvention of the law.
``(d) Exclusion of U.S. Territories.--The requirement that a State
conduct safety audits of new entrant motor carriers under subsection
(c)(2)(Y) does not apply to a territory of the United States unless
required by the Secretary.
``(e) Intrastate Compatibility.--The Secretary shall prescribe
regulations specifying tolerance guidelines and standards for ensuring
compatibility of intrastate commercial motor vehicle safety laws,
including regulations, with Federal motor carrier safety regulations to
be enforced under subsections (b) and (c). To the extent practicable,
the guidelines and standards shall allow for maximum flexibility while
ensuring a degree of uniformity that will not diminish motor vehicle
safety.
``(f) Maintenance of Effort.--
``(1) Baseline.--Except as provided under paragraphs (2)
and (3) and in accordance with section 5106 of the Surface
Transportation Reauthorization and Reform Act of 2015, a State
plan under subsection (c) shall provide that the total
expenditure of amounts of the lead State commercial motor
vehicle safety agency responsible for administering the plan
will be maintained at a level each fiscal year that is at least
equal to--
``(A) the average level of that expenditure for
fiscal years 2004 and 2005; or
``(B) the level of that expenditure for the year in
which the Secretary implements a new allocation formula
under section 5106 of the Surface Transportation
Reauthorization and Reform Act of 2015.
``(2) Adjusted baseline after fiscal year 2017.--At the
request of a State, the Secretary may evaluate additional
documentation related to the maintenance of effort and may make
reasonable adjustments to the maintenance of effort baseline
after the year in which the Secretary implements a new
allocation formula under section 5106 of the Surface
Transportation Reauthorization and Reform Act of 2015, and this
adjusted baseline will replace the maintenance of effort
requirement under paragraph (1).
``(3) Waivers.--At the request of a State, the Secretary
may waive or modify the requirements of this subsection for a
total of 1 fiscal year if the Secretary determines that the
waiver or modification is reasonable, based on circumstances
described by the State, to ensure the continuation of
commercial motor vehicle enforcement activities in the State.
``(4) Level of state expenditures.--In estimating the
average level of a State's expenditures under paragraph (1),
the Secretary--
``(A) may allow the State to exclude State
expenditures for federally sponsored demonstration and
pilot programs and strike forces;
``(B) may allow the State to exclude expenditures
for activities related to border enforcement and new
entrant safety audits; and
``(C) shall require the State to exclude State
matching amounts used to receive Federal financing
under section 31104.
``(g) Use of Unified Carrier Registration Fees Agreement.--Amounts
generated under section 14504a and received by a State and used for
motor carrier safety purposes may be included as part of the State's
match required under section 31104 or maintenance of effort required by
subsection (f).
``(h) Use of Grants To Enforce Other Laws.--When approved as part
of a State's plan under subsection (c), the State may use motor carrier
safety assistance program funds received under this section--
``(1) if the activities are carried out in conjunction with
an appropriate inspection of a commercial motor vehicle to
enforce Federal or State commercial motor vehicle safety
regulations, for--
``(A) enforcement of commercial motor vehicle size
and weight limitations at locations, excluding fixed-
weight facilities, such as near steep grades or
mountainous terrains, where the weight of a commercial
motor vehicle can significantly affect the safe
operation of the vehicle, or at ports where intermodal
shipping containers enter and leave the United States;
and
``(B) detection of and enforcement actions taken as
a result of criminal activity, including the
trafficking of human beings, in a commercial motor
vehicle or by any occupant, including the operator, of
the commercial motor vehicle; and
``(2) for documented enforcement of State traffic laws and
regulations designed to promote the safe operation of
commercial motor vehicles, including documented enforcement of
such laws and regulations relating to noncommercial motor
vehicles when necessary to promote the safe operation of
commercial motor vehicles, if--
``(A) the number of motor carrier safety
activities, including roadside safety inspections,
conducted in the State is maintained at a level at
least equal to the average level of such activities
conducted in the State in fiscal years 2004 and 2005;
and
``(B) the State does not use more than 10 percent
of the basic amount the State receives under a grant
awarded under section 31104(a)(1) for enforcement
activities relating to noncommercial motor vehicles
necessary to promote the safe operation of commercial
motor vehicles unless the Secretary determines that a
higher percentage will result in significant increases
in commercial motor vehicle safety.
``(i) Evaluation of Plans and Award of Grants.--
``(1) Awards.--The Secretary shall establish criteria for
the application, evaluation, and approval of State plans under
this section. Subject to subsection (j), the Secretary may
allocate the amounts made available under section 31104(a)(1)
among the States.
``(2) Opportunity to cure.--If the Secretary disapproves a
plan under this section, the Secretary shall give the State a
written explanation of the reasons for disapproval and allow
the State to modify and resubmit the plan for approval.
``(j) Allocation of Funds.--
``(1) In general.--The Secretary, by regulation, shall
prescribe allocation criteria for funds made available under
section 31104(a)(1).
``(2) Annual allocations.--On October 1 of each fiscal
year, or as soon as practicable thereafter, and after making a
deduction under section 31104(c), the Secretary shall allocate
amounts made available under section 31104(a)(1) to carry out
this section for the fiscal year among the States with plans
approved under this section in accordance with the criteria
prescribed under paragraph (1).
``(3) Elective adjustments.--Subject to the availability of
funding and notwithstanding fluctuations in the data elements
used by the Secretary to calculate the annual allocation
amounts, after the creation of a new allocation formula under
section 5106 of the Surface Transportation Reauthorization and
Reform Act of 2015, the Secretary may not make elective
adjustments to the allocation formula that decrease a State's
Federal funding levels by more than 3 percent in a fiscal year.
The 3 percent limit shall not apply to the withholding
provisions of subsection (k).
``(k) Plan Monitoring.--
``(1) In general.--On the basis of reports submitted by the
lead State agency responsible for administering a State plan
approved under this section and an investigation by the
Secretary, the Secretary shall periodically evaluate State
implementation of and compliance with the State plan.
``(2) Withholding of funds.--
``(A) Disapproval.--If, after notice and an
opportunity to be heard, the Secretary finds that a
State plan previously approved under this section is
not being followed or has become inadequate to ensure
enforcement of State regulations, standards, or orders
described in subsection (c)(1), or the State is
otherwise not in compliance with the requirements of
this section, the Secretary may withdraw approval of
the State plan and notify the State. Upon the receipt
of such notice, the State plan shall no longer be in
effect and the Secretary shall withhold all funding to
the State under this section.
``(B) Noncompliance withholding.--In lieu of
withdrawing approval of a State plan under subparagraph
(A), the Secretary may, after providing notice to the
State and an opportunity to be heard, withhold funding
from the State to which the State would otherwise be
entitled under this section for the period of the
State's noncompliance. In exercising this option, the
Secretary may withhold--
``(i) up to 5 percent of funds during the
fiscal year that the Secretary notifies the
State of its noncompliance;
``(ii) up to 10 percent of funds for the
first full fiscal year of noncompliance;
``(iii) up to 25 percent of funds for the
second full fiscal year of noncompliance; and
``(iv) not more than 50 percent of funds
for the third and any subsequent full fiscal
year of noncompliance.
``(3) Judicial review.--A State adversely affected by a
determination under paragraph (2) may seek judicial review
under chapter 7 of title 5. Notwithstanding the disapproval of
a State plan under paragraph (2)(A) or the withholding of funds
under paragraph (2)(B), the State may retain jurisdiction in an
administrative or a judicial proceeding that commenced before
the notice of disapproval or withholding if the issues involved
are not related directly to the reasons for the disapproval or
withholding.
``(l) High Priority Program.--
``(1) In general.--The Secretary shall administer a high
priority program funded under section 31104 for the purposes
described in paragraphs (2) and (3).
``(2) Activities related to motor carrier safety.--The
Secretary may make discretionary grants to and enter into
cooperative agreements with States, local governments,
federally recognized Indian tribes, other political
jurisdictions as necessary, and any person to carry out high
priority activities and projects that augment motor carrier
safety activities and projects planned in accordance with
subsections (b) and (c), including activities and projects
that--
``(A) increase public awareness and education on
commercial motor vehicle safety;
``(B) target unsafe driving of commercial motor
vehicles and noncommercial motor vehicles in areas
identified as high risk crash corridors;
``(C) improve the safe and secure movement of
hazardous materials;
``(D) improve safe transportation of goods and
persons in foreign commerce;
``(E) demonstrate new technologies to improve
commercial motor vehicle safety;
``(F) support participation in performance and
registration information systems management under
section 31106(b)--
``(i) for entities not responsible for
submitting the plan under subsection (c); or
``(ii) for entities responsible for
submitting the plan under subsection (c)--
``(I) before October 1, 2020, to
achieve compliance with the
requirements of participation; and
``(II) beginning on October 1,
2020, or once compliance is achieved,
whichever is sooner, for special
initiatives or projects that exceed
routine operations required for
participation;
``(G) conduct safety data improvement projects--
``(i) that complete or exceed the
requirements under subsection (c)(2)(P) for
entities not responsible for submitting the
plan under subsection (c); or
``(ii) that exceed the requirements under
subsection (c)(2)(P) for entities responsible
for submitting the plan under subsection (c);
and
``(H) otherwise improve commercial motor vehicle
safety and compliance with commercial motor vehicle
safety regulations.
``(3) Innovative technology deployment grant program.--
``(A) In general.--The Secretary shall establish an
innovative technology deployment grant program to make
discretionary grants funded under section 31104(a)(2)
to eligible States for the innovative technology
deployment of commercial motor vehicle information
systems and networks.
``(B) Purposes.--The purposes of the program shall
be--
``(i) to advance the technological
capability and promote the deployment of
intelligent transportation system applications
for commercial motor vehicle operations,
including commercial motor vehicle, commercial
driver, and carrier-specific information
systems and networks; and
``(ii) to support and maintain commercial
motor vehicle information systems and
networks--
``(I) to link Federal motor carrier
safety information systems with State
commercial motor vehicle systems;
``(II) to improve the safety and
productivity of commercial motor
vehicles and drivers; and
``(III) to reduce costs associated
with commercial motor vehicle
operations and Federal and State
commercial motor vehicle regulatory
requirements.
``(C) Eligibility.--To be eligible for a grant
under this paragraph, a State shall--
``(i) have a commercial motor vehicle
information systems and networks program plan
approved by the Secretary that describes the
various systems and networks at the State level
that need to be refined, revised, upgraded, or
built to accomplish deployment of commercial
motor vehicle information systems and networks
capabilities;
``(ii) certify to the Secretary that its
commercial motor vehicle information systems
and networks deployment activities, including
hardware procurement, software and system
development, and infrastructure modifications--
``(I) are consistent with the
national intelligent transportation
systems and commercial motor vehicle
information systems and networks
architectures and available standards;
and
``(II) promote interoperability and
efficiency to the extent practicable;
and
``(iii) agree to execute interoperability
tests developed by the Federal Motor Carrier
Safety Administration to verify that its
systems conform with the national intelligent
transportation systems architecture, applicable
standards, and protocols for commercial motor
vehicle information systems and networks.
``(D) Use of funds.--Grant funds received under
this paragraph may be used--
``(i) for deployment activities and
activities to develop new and innovative
advanced technology solutions that support
commercial motor vehicle information systems
and networks;
``(ii) for planning activities, including
the development or updating of program or top
level design plans in order to become eligible
or maintain eligibility under subparagraph (C);
and
``(iii) for the operation and maintenance
costs associated with innovative technology.
``(E) Secretary authorization.--The Secretary is
authorized to award a State funding for the operation
and maintenance costs associated with innovative
technology deployment with funds made available under
sections 31104(a)(1) and 31104(a)(2).''.
(b) Commercial Motor Vehicle Operators Grant Program.--Section
31103 of title 49, United States Code, is amended to read as follows:
``Sec. 31103. Commercial motor vehicle operators grant program
``(a) In General.--The Secretary shall administer a commercial
motor vehicle operators grant program funded under section 31104.
``(b) Purpose.--The purpose of the grant program is to train
individuals in the safe operation of commercial motor vehicles (as
defined in section 31301).
``(c) Veterans.--In administering grants under this section, the
Secretary shall award priority to grant applications for programs to
train former members of the armed forces (as defined in section 101 of
title 10) in the safe operation of such vehicles.''.
(c) Authorization of Appropriations.--Section 31104 of title 49,
United States Code, as amended by this Act, is further amended on the
effective date set forth in subsection (f) to read as follows:
``Sec. 31104. Authorization of appropriations
``(a) Financial Assistance Programs.--The following sums are
authorized to be appropriated from the Highway Trust Fund (other than
the Mass Transit Account):
``(1) Motor carrier safety assistance program.--Subject to
paragraph (2) and subsection (c), to carry out section 31102--
``(A) $278,242,684 for fiscal year 2017;
``(B) $293,685,550 for fiscal year 2018;
``(C) $308,351,227 for fiscal year 2019;
``(D) $323,798,553 for fiscal year 2020; and
``(E) $339,244,023 for fiscal year 2021.
``(2) High priority activities program.--Subject to
subsection (c), to make grants and cooperative agreements under
section 31102(l), the Secretary may set aside from amounts made
available under paragraph (1) up to--
``(A) $40,798,780 for fiscal year 2017;
``(B) $41,684,114 for fiscal year 2018;
``(C) $42,442,764 for fiscal year 2019;
``(D) $43,325,574 for fiscal year 2020; and
``(E) $44,209,416 for fiscal year 2021.
``(3) Commercial motor vehicle operators grant program.--To
carry out section 31103--
``(A) $1,000,000 for fiscal year 2017;
``(B) $1,000,000 for fiscal year 2018;
``(C) $1,000,000 for fiscal year 2019;
``(D) $1,000,000 for fiscal year 2020; and
``(E) $1,000,000 for fiscal year 2021.
``(4) Commercial driver's license program implementation
program.--Subject to subsection (c), to carry out section
31313--
``(A) $30,958,536 for fiscal year 2017;
``(B) $31,630,336 for fiscal year 2018;
``(C) $32,206,008 for fiscal year 2019;
``(D) $32,875,893 for fiscal year 2020; and
``(E) $33,546,562 for fiscal year 2021.
``(b) Reimbursement and Payment to Recipients for Government Share
of Costs.--
``(1) In general.--Amounts made available under subsection
(a) shall be used to reimburse financial assistance recipients
proportionally for the Federal Government's share of the costs
incurred.
``(2) Reimbursement amounts.--The Secretary shall reimburse
a recipient, in accordance with a financial assistance
agreement made under section 31102, 31103, or 31313, an amount
that is at least 85 percent of the costs incurred by the
recipient in a fiscal year in developing and implementing
programs under such sections. The Secretary shall pay the
recipient an amount not more than the Federal Government share
of the total costs approved by the Federal Government in the
financial assistance agreement. The Secretary shall include a
recipient's in-kind contributions in determining the
reimbursement.
``(3) Vouchers.--Each recipient shall submit vouchers at
least quarterly for costs the recipient incurs in developing
and implementing programs under sections 31102, 31103, and
31313.
``(c) Deductions for Partner Training and Program Support.--On
October 1 of each fiscal year, or as soon after that date as
practicable, the Secretary may deduct from amounts made available under
paragraphs (1), (2), and (4) of subsection (a) for that fiscal year not
more than 1.50 percent of those amounts for partner training and
program support in that fiscal year. The Secretary shall use at least
75 percent of those deducted amounts to train non-Federal Government
employees and to develop related training materials in carrying out
such programs.
``(d) Grants and Cooperative Agreements as Contractual
Obligations.--The approval of a financial assistance agreement by the
Secretary under section 31102, 31103, or 31313 is a contractual
obligation of the Federal Government for payment of the Federal
Government's share of costs in carrying out the provisions of the grant
or cooperative agreement.
``(e) Eligible Activities.--The Secretary shall establish criteria
for eligible activities to be funded with financial assistance
agreements under this section and publish those criteria in a notice of
funding availability before the financial assistance program
application period.
``(f) Period of Availability of Financial Assistance Agreement
Funds for Recipient Expenditures.--The period of availability for a
recipient to expend funds under a grant or cooperative agreement
authorized under subsection (a) is as follows:
``(1) For grants made for carrying out section 31102, other
than section 31102(l), for the fiscal year in which the
Secretary approves the financial assistance agreement and for
the next fiscal year.
``(2) For grants made or cooperative agreements entered
into for carrying out section 31102(l)(2), for the fiscal year
in which the Secretary approves the financial assistance
agreement and for the next 2 fiscal years.
``(3) For grants made for carrying out section 31102(l)(3),
for the fiscal year in which the Secretary approves the
financial assistance agreement and for the next 4 fiscal years.
``(4) For grants made for carrying out section 31103, for
the fiscal year in which the Secretary approves the financial
assistance agreement and for the next fiscal year.
``(5) For grants made or cooperative agreements entered
into for carrying out section 31313, for the fiscal year in
which the Secretary approves the financial assistance agreement
and for the next 4 fiscal years.
``(g) Contract Authority; Initial Date of Availability.--Amounts
authorized from the Highway Trust Fund (other than the Mass Transit
Account) by this section shall be available for obligation on the date
of their apportionment or allocation or on October 1 of the fiscal year
for which they are authorized, whichever occurs first.
``(h) Availability of Funding.--Amounts made available under this
section shall remain available until expended.''.
(d) Clerical Amendment.--The analysis for chapter 311 of title 49,
United States Code, is amended by striking the items relating to
sections 31102, 31103, and 31104 and inserting the following:
``31102. Motor carrier safety assistance program.
``31103. Commercial motor vehicle operators grant program.
``31104. Authorization of appropriations.''.
(e) Conforming Amendments.--
(1) Safety fitness of owners and operator; safety reviews
of new operators.--Section 31144(g) of title 49, United States
Code, is amended by striking paragraph (5).
(2) Information systems; performance and registration
information program.--Section 31106(b) of title 49, United
States Code, is amended by striking paragraph (4).
(3) Border enforcement grants.--Section 31107 of title 49,
United States Code, and the item relating to that section in
the analysis for chapter 311 of that title, are repealed.
(4) Performance and registration information system
management.--Section 31109 of title 49, United States Code, and
the item relating to that section in the analysis for chapter
311 of that title, are repealed.
(5) Commercial vehicle information systems and networks
deployment.--Section 4126 of SAFETEA-LU (49 U.S.C. 31106 note),
and the item relating to that section in the table of contents
contained in section 1(b) of that Act, are repealed.
(6) Safety data improvement program.--Section 4128 of
SAFETEA-LU (49 U.S.C. 31100 note), and the item relating to
that section in the table of contents contained in section 1(b)
of that Act, are repealed.
(7) Grant program for commercial motor vehicle operators.--
Section 4134 of SAFETEA-LU (49 U.S.C. 31301 note), and the item
relating to that section in the table of contents contained in
section 1(b) of that Act, are repealed.
(8) Maintenance of effort as condition on grants to
states.--Section 103(c) of the Motor Carrier Safety Improvement
Act of 1999 (49 U.S.C. 31102 note) is repealed.
(9) State compliance with cdl requirements.--Section 103(e)
of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C.
31102 note) is repealed.
(10) Border staffing standards.--Section 218(d) of the
Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31133
note) is amended--
(A) in paragraph (1) by striking ``section
31104(f)(2)(B) of title 49, United States Code'' and
inserting ``section 31104(a)(1) of title 49, United
States Code''; and
(B) by striking paragraph (3).
(f) Effective Date.--The amendments made by this section shall take
effect on October 1, 2016.
(g) Transition.--Notwithstanding the amendments made by this
section, the Secretary shall carry out sections 31102, 31103, 31104 of
title 49, United States Code, and any sections repealed under
subsection (e), as necessary, as those sections were in effect on the
day before October 1, 2016, with respect to applications for grants,
cooperative agreements, or contracts under those sections submitted
before October 1, 2016.
SEC. 5102. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS MANAGEMENT.
Section 31106(b) of title 49, United States Code, is amended in the
subheading by striking ``Program'' and inserting ``Systems
Management''.
SEC. 5103. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subchapter I of chapter 311 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 31110. Authorization of appropriations
``(a) Administrative Expenses.--There is authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) for the Secretary of Transportation to pay administrative
expenses of the Federal Motor Carrier Safety Administration--
``(1) $259,000,000 for fiscal year 2016;
``(2) $259,000,000 for fiscal year 2017;
``(3) $259,000,000 for fiscal year 2018;
``(4) $259,000,000 for fiscal year 2019;
``(5) $259,000,000 for fiscal year 2020; and
``(6) $259,000,000 for fiscal year 2021.
``(b) Use of Funds.--The funds authorized by this section shall be
used for--
``(1) personnel costs;
``(2) administrative infrastructure;
``(3) rent;
``(4) information technology;
``(5) programs for research and technology, information
management, regulatory development, and the administration of
performance and registration information systems management
under section 31106(b);
``(6) programs for outreach and education under subsection
(c);
``(7) other operating expenses;
``(8) conducting safety reviews of new operators; and
``(9) such other expenses as may from time to time become
necessary to implement statutory mandates of the Federal Motor
Carrier Safety Administration not funded from other sources.
``(c) Outreach and Education Program.--
``(1) In general.--The Secretary may conduct, through any
combination of grants, contracts, cooperative agreements, and
other activities, an internal and external outreach and
education program to be administered by the Administrator of
the Federal Motor Carrier Safety Administration.
``(2) Federal share.--The Federal share of an outreach and
education project for which a grant, contract, or cooperative
agreement is made under this subsection may be up to 100
percent of the cost of the project.
``(3) Funding.--From amounts made available under
subsection (a), the Secretary shall make available not more
than $4,000,000 each fiscal year.
``(d) Contract Authority; Initial Date of Availability.--Amounts
authorized from the Highway Trust Fund (other than the Mass Transit
Account) by this section shall be available for obligation on the date
of their apportionment or allocation or on October 1 of the fiscal year
for which they are authorized, whichever occurs first.
``(e) Funding Availability.--Amounts made available under this
section shall remain available until expended.
``(f) Contractual Obligation.--The approval of funds by the
Secretary under this section is a contractual obligation of the Federal
Government for payment of the Federal Government's share of costs.''.
(b) Clerical Amendment.--The analysis for chapter 311 of title 49,
United States Code, is amended by adding at the end of the items
relating to subchapter I the following:
``31110. Authorization of appropriations.''.
(c) Conforming Amendments.--
(1) Administrative expenses; authorization of
appropriations.--Section 31104 of title 49, United States Code,
is amended--
(A) by striking subsection (i); and
(B) by redesignating subsections (j) and (k) as
subsections (i) and (j), respectively.
(2) Use of amounts made available under subsection (i).--
Section 4116(d) of SAFETEA-LU (49 U.S.C. 31104 note) is amended
by striking ``section 31104(i)'' and inserting ``section
31110''.
(3) Internal cooperation.--Section 31161 of title 49,
United States Code, is amended by striking ``section 31104(i)''
and inserting ``section 31110''.
(4) SAFETEA-LU; outreach and education.--Section 4127 of
SAFETEA-LU (119 Stat. 1741; Public Law 109-59), and the item
relating to that section in the table of contents contained in
section 1(b) of that Act, are repealed.
SEC. 5104. COMMERCIAL DRIVER'S LICENSE PROGRAM IMPLEMENTATION.
(a) In General.--Section 31313 of title 49, United States Code, is
amended to read as follows:
``Sec. 31313. Commercial driver's license program implementation
financial assistance program
``(a) In General.--The Secretary of Transportation shall administer
a financial assistance program for commercial driver's license program
implementation for the purposes described in paragraphs (1) and (2).
``(1) State commercial driver's license program
implementation grants.--In carrying out the program, the
Secretary may make a grant to a State agency in a fiscal year--
``(A) to assist the State in complying with the
requirements of section 31311; and
``(B) in the case of a State that is making a good
faith effort toward substantial compliance with the
requirements of section 31311, to improve the State's
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; and
``(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 (49 U.S.C. 31304 note).
``(2) Priority activities.--The Secretary may make a grant
to or enter into a cooperative agreement with a State agency,
local government, or any person in a fiscal year for research,
development and testing, demonstration projects, public
education, and other special activities and projects relating
to commercial drivers licensing and motor vehicle safety that--
``(A) benefit all jurisdictions of the United
States;
``(B) address national safety concerns and
circumstances;
``(C) address emerging issues relating to
commercial driver's license improvements;
``(D) support innovative ideas and solutions to
commercial driver's license program issues; or
``(E) address other commercial driver's license
issues, as determined by the Secretary.
``(b) Prohibitions.--A recipient may not use financial assistance
funds awarded under this section to rent, lease, or buy land or
buildings.
``(c) Report.--The Secretary shall issue an annual report on the
activities carried out under this section.
``(d) Apportionment.--All amounts made available to carry out this
section for a fiscal year shall be apportioned to a recipient described
in subsection (a)(2) according to criteria prescribed by the Secretary.
``(e) Funding.--For fiscal years beginning after September 30,
2016, this section shall be funded under section 31104.''.
(b) Clerical Amendment.--The analysis for chapter 313 of title 49,
United States Code, is amended by striking the item relating to section
31313 and inserting the following:
``31313. Commercial driver's license program implementation financial
assistance program.''.
SEC. 5105. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY PROGRAMS FOR
FISCAL YEAR 2016.
(a) Motor Carrier Safety Assistance Program Grant Extension.--
Section 31104(a) of title 49, United States Code, is amended by
striking paragraphs (10) and (11) and inserting the following:
``(10) $218,000,000 for fiscal year 2015; and
``(11) $241,480,000 for fiscal year 2016.''.
(b) Extension of Grant Programs.--Section 4101(c) of SAFETEA-LU
(119 Stat. 1715; Public Law 109-59) is amended to read as follows:
``(c) Authorization of Appropriations.--The following sums are
authorized to be appropriated from the Highway Trust Fund (other than
the Mass Transit Account):
``(1) Commercial driver's license program improvement
grants.--For carrying out the commercial driver's license
program improvement grants program under section 31313 of title
49, United States Code, $30,480,000 for fiscal year 2016.
``(2) Border enforcement grants.--For border enforcement
grants under section 31107 of that title $32,512,000 for fiscal
year 2016.
``(3) Performance and registration information systems
management grant program.--For the performance and registration
information systems management grant program under section
31109 of that title $5,080,000 for fiscal year 2016.
``(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 $25,400,000 for fiscal year 2016.
``(5) Safety data improvement grants.--For safety data
improvement grants under section 4128 of this Act $3,048,000
for fiscal year 2016.''.
(c) High-Priority Activities.--Section 31104(j)(2) of title 49,
United States Code, as redesignated by this subtitle, is amended by
striking ``2015'' the first place it appears and inserting ``2016''.
(d) New Entrant Audits.--Section 31144(g)(5)(B) of title 49, United
States Code, is amended to read as follows:
``(B) Set aside.--The Secretary shall set aside
from amounts made available under section 31104(a) up
to $32,000,000 for fiscal year 2016 for audits of new
entrant motor carriers conducted under this
paragraph.''.
(e) Grant Program for Commercial Motor Vehicle Operators.--Section
4134(c) of SAFETEA-LU (49 U.S.C. 31301 note) is amended to read as
follows:
``(c) Funding.--From amounts made available under section 31110 of
title 49, United States Code, the Secretary shall make available,
$1,000,000 for fiscal year 2016 to carry out this section.''.
(f) Commercial Vehicle Information Systems and Networks
Deployment.--
(1) In general.--Section 4126 of SAFETEA-LU (49 U.S.C.
31106 note; 119 Stat. 1738; Public Law 109-59) is amended--
(A) in subsection (c)--
(i) in paragraph (2) by adding at the end
the following: ``Funds deobligated by the
Secretary from previous year grants shall not
be counted toward the $2,500,000 maximum
aggregate amount for core deployment.''; and
(ii) in paragraph (3) by adding at the end
the following: ``Funds may also be used for
planning activities, including the development
or updating of program or top level design
plans.''; and
(B) in subsection (d)(4) by adding at the end the
following: ``Funds may also be used for planning
activities, including the development or updating of
program or top level design plans.''.
(2) Innovative technology deployment program.--For fiscal
year 2016, the commercial vehicle information systems and
networks deployment program under section 4126 of SAFETEA-LU
(119 Stat. 1738; Public Law 109-59) may also be referred to as
the innovative technology deployment program.
SEC. 5106. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM ALLOCATION.
(a) Working Group.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a motor
carrier safety assistance program formula working group (in
this section referred to as the ``working group'').
(2) Membership.--
(A) In general.--Subject to subparagraph (B), the
working group shall consist of representatives of the
following:
(i) The Federal Motor Carrier Safety
Administration.
(ii) The lead State commercial motor
vehicle safety agencies responsible for
administering the plan required by section
31102 of title 49, United States Code.
(iii) An organization representing State
agencies responsible for enforcing a program
for inspection of commercial motor vehicles.
(iv) Such other persons as the Secretary
considers necessary.
(B) Composition.--Representatives of State
commercial motor vehicle safety agencies shall comprise
at least 51 percent of the membership.
(3) New allocation formula.--The working group shall
analyze requirements and factors for the establishment of a new
allocation formula for the motor carrier assistance program
under section 31102 of title 49, United States Code.
(4) Recommendation.--Not later than 1 year after the date
the working group is established under paragraph (1), the
working group shall make a recommendation to the Secretary
regarding a new allocation formula for the motor carrier
assistance program.
(5) Exemption.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the working group established
under this subsection.
(6) Publication.--The Administrator of the Federal Motor
Carrier Safety Administration shall publish on a publicly
accessible Internet Web site of the Federal Motor Carrier
Safety Administration--
(A) summaries of the meetings of the working group;
and
(B) the final recommendation of the working group
provided to the Secretary.
(b) Notice of Proposed Rulemaking.--After receiving the
recommendation of the working group under subsection (a)(4), the
Secretary shall publish in the Federal Register a notice seeking public
comment on the establishment of a new allocation formula for the motor
carrier safety assistance program.
(c) Basis for Formula.--The Secretary shall ensure that the new
allocation formula for the motor carrier assistance program is based on
factors that reflect, at a minimum--
(1) the relative needs of the States to comply with section
31102 of title 49, United States Code;
(2) the relative administrative capacities of and
challenges faced by States in complying with that section;
(3) the average of each State's new entrant motor carrier
inventory for the 3-year period prior to the date of enactment
of this Act;
(4) the number of international border inspection
facilities and border crossings by commercial vehicles in each
State; and
(5) any other factors the Secretary considers appropriate.
(d) Funding Amounts Prior to Development of New Allocation
Formula.--
(1) Interim formula.--Prior to the development of the new
allocation formula for the motor carrier assistance program,
the Secretary may calculate the interim funding amounts for
that program in fiscal year 2017 (and later fiscal years, as
necessary) under section 31104(a)(1) of title 49, United States
Code, as amended by this subtitle, by using the following
methodology:
(A) The Secretary shall calculate the funding
amount to a State using the allocation formula the
Secretary used to award motor carrier safety assistance
program funding in fiscal year 2016 under section 31102
of title 49, United States Code.
(B) The Secretary shall average the funding awarded
or other equitable amounts to a State in fiscal years
2013, 2014, and 2015 for--
(i) border enforcement grants under section
31107 of title 49, United States Code; and
(ii) new entrant audit grants under section
31144(g)(5) of that title.
(C) The Secretary shall add the amounts calculated
in subparagraphs (A) and (B).
(2) Adjustments.--Subject to the availability of funding
and notwithstanding fluctuations in the data elements used by
the Secretary, the initial amounts resulting from the
calculation described in paragraph (1) shall be adjusted to
ensure that, for each State, the amount shall not be less than
97 percent of the average amount of funding received or other
equitable amounts in fiscal years 2013, 2014, and 2015 for--
(A) motor carrier safety assistance program funds
awarded to the State under section 31102 of title 49,
United States Code;
(B) border enforcement grants awarded to the State
under section 31107 of title 49, United States Code;
and
(C) new entrant audit grants awarded to the State
under section 31144(g)(5) of title 49, United States
Code.
(3) Immediate relief.--In developing the new allocation
formula, the Secretary shall terminate the withholding of motor
carrier assistance program funds from a State for at least 3
fiscal years if the State was subject to the withholding of
such funds for matters of noncompliance immediately prior to
the date of enactment of this Act.
(4) Future withholdings.--Beginning on the date that the
new allocation formula for the motor carrier assistance program
is implemented, the Secretary shall impose all future
withholdings in accordance with section 31102(k) of title 49,
United States Code, as amended by this subtitle.
(e) Termination of Working Group.--The working group established
under subsection (a) shall terminate on the date of the implementation
of a new allocation formula for the motor carrier safety assistance
program.
SEC. 5107. MAINTENANCE OF EFFORT CALCULATION.
(a) Before New Allocation Formula.--
(1) Fiscal year 2017.--If a new allocation formula for the
motor carrier safety assistance program has not been
established under this subtitle for fiscal year 2017, the
Secretary shall calculate for fiscal year 2017 the maintenance
of effort baseline required under section 31102(f) of title 49,
United States Code, as amended by this subtitle, by averaging
the expenditures for fiscal years 2004 and 2005 required by
section 31102(b)(4) of title 49, United States Code, as that
section was in effect on the day before the date of enactment
of this Act.
(2) Subsequent fiscal years.--The Secretary may use the
methodology for calculating the maintenance of effort baseline
specified in paragraph (1) for fiscal year 2018 and subsequent
fiscal years if a new allocation formula for the motor carrier
safety assistance program has not been established for that
fiscal year.
(b) Beginning With New Allocation Formation.--
(1) In general.--Subject to paragraphs (2) and (3)(B),
beginning on the date that a new allocation formula for the
motor carrier safety assistance program is established under
this subtitle, upon the request of a State, the Secretary may
waive or modify the baseline maintenance of effort required of
the State by section 31102(e) of title 49, United States Code,
as amended by this subtitle, for the purpose of establishing a
new baseline maintenance of effort if the Secretary determines
that a waiver or modification--
(A) is equitable due to reasonable circumstances;
(B) will ensure the continuation of commercial
motor vehicle enforcement activities in the State; and
(C) is necessary to ensure that the total amount of
State maintenance of effort and matching expenditures
required under sections 31102 and 31104 of title 49,
United States Code, as amended by this subtitle, does
not exceed a sum greater than the average of the total
amount of State maintenance of effort and matching
expenditures required under those sections for the 3
fiscal years prior to the date of enactment of this
Act.
(2) Adjustment methodology.--If requested by a State, the
Secretary may modify the maintenance of effort baseline
referred to in paragraph (1) for the State according to the
following methodology:
(A) The Secretary shall establish the maintenance
of effort baseline for the State using the average
baseline of fiscal years 2004 and 2005, as required by
section 31102(b)(4) of title 49, United States Code, as
that section was in effect on the day before the date
of enactment of this Act.
(B) The Secretary shall calculate the average
required match by a lead State commercial motor vehicle
safety agency for fiscal years 2013, 2014, and 2015 for
motor carrier safety assistance grants established at
20 percent by section 31103 of title 49, United States
Code, as that section was in effect on the day before
the date of enactment of this Act.
(C) The Secretary shall calculate the estimated
match required under section 31104(b) of title 49,
United States Code, as amended by this subtitle.
(D) The Secretary shall subtract the amount in
subparagraph (B) from the amount in subparagraph (C)
and--
(i) if the number is greater than 0, the
Secretary shall subtract the number from the
amount in subparagraph (A); or
(ii) if the number is not greater than 0,
the Secretary shall calculate the maintenance
of effort using the methodology in subparagraph
(A).
(3) Maintenance of effort amount.--
(A) In general.--The Secretary shall use the amount
calculated under paragraph (2) as the baseline
maintenance of effort required under section 31102(f)
of title 49, United States Code, as amended by this
subtitle.
(B) Deadline.--If a State does not request a waiver
or modification under this subsection before September
30 during the first fiscal year that the Secretary
implements a new allocation formula for the motor
carrier safety assistance program under this subtitle,
the Secretary shall calculate the maintenance of effort
using the methodology described in paragraph (2)(A).
(4) Maintenance of effort described.--The maintenance of
effort calculated under this section is the amount required
under section 31102(f) of title 49, United States Code, as
amended by this subtitle.
(c) Termination of Effectiveness.--The authority of the Secretary
under this section shall terminate effective on the date that a new
maintenance of effort baseline is calculated based on a new allocation
formula for the motor carrier safety assistance program implemented
under section 31102 of title 49, United States Code.
Subtitle B--Federal Motor Carrier Safety Administration Reform
PART I--REGULATORY REFORM
SEC. 5201. NOTICE OF CANCELLATION OF INSURANCE.
Section 13906(e) of title 49, United States Code, is amended by
inserting ``or suspend'' after ``revoke''.
SEC. 5202. REGULATIONS.
Section 31136 of title 49, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g) and
transferring such subsection to appear at the end of section
31315 of such title; and
(2) by adding at the end the following:
``(f) Regulatory Impact Analysis.--Within each regulatory impact
analysis of a proposed or final rule issued by the Federal Motor
Carrier Safety Administration, the Secretary shall, whenever
practicable--
``(1) consider the effects of the proposed or final rule on
different segments of the motor carrier industry;
``(2) formulate estimates and findings based on the best
available science; and
``(3) utilize available data specific to the different
types of motor carriers, including small and large carriers,
and drivers that will be impacted by the proposed or final
rule.
``(g) Public Participation.--
``(1) In general.--If a proposed rule promulgated under
this part is likely to lead to the promulgation of a major
rule, the Secretary, before promulgating such proposed rule,
shall--
``(A) issue an advance notice of proposed
rulemaking; or
``(B) proceed with a negotiated rulemaking.
``(2) Requirements.--Each advance notice of proposed
rulemaking issued under paragraph (1) shall--
``(A) identify the need for a potential regulatory
action;
``(B) identify and request public comment on the
best available science or technical information
relevant to analyzing potential regulatory
alternatives;
``(C) request public comment on the available data
and costs with respect to regulatory alternatives
reasonably likely to be considered as part of the
rulemaking; and
``(D) request public comment on available
alternatives to regulation.
``(3) Waiver.--This subsection does not apply to a proposed
rule if the Secretary, for good cause, finds (and incorporates
the finding and a brief statement of reasons for such finding
in the proposed or final rule) that an advance notice of
proposed rulemaking is impracticable, unnecessary, or contrary
to the public interest.
``(h) Review of Rules.--
``(1) In general.--Once every 5 years, the Secretary shall
conduct a review of regulations issued under this part.
``(2) Schedule.--At the beginning of each 5-year review
period, the Secretary shall publish a schedule that sets forth
the plan for completing the review under paragraph (1) within 5
years.
``(3) Notification of changes.--During each review period,
the Secretary shall address any changes to the schedule
published under paragraph (2) and notify the public of such
changes.
``(4) Consideration of petitions.--In conducting a review
under paragraph (1), the Secretary shall consider petitions for
regulatory action under this part received by the Administrator
of the Federal Motor Carrier Safety Administration.
``(5) Assessment.--At the conclusion of each review under
paragraph (1), the Secretary shall publish on a publicly
accessible Internet Web site of the Department of
Transportation an assessment that includes--
``(A) an inventory of the regulations issued during
the 5-year period ending on the date on which the
assessment is published;
``(B) a determination of whether the regulations
are--
``(i) consistent and clear;
``(ii) current with the operational
realities of the motor carrier industry; and
``(iii) uniformly enforced; and
``(C) an assessment of whether the regulations
continue to be necessary.
``(6) Rulemaking.--Not later than 2 years after the
completion of each review under this subsection, the Secretary
shall initiate a rulemaking to amend regulations as necessary
to address the determinations made under paragraph (5)(B) and
the results of the assessment under paragraph (5)(C).
``(i) Rule of Construction.--Nothing in subsection (f) or (g) may
be construed to limit the contents of an advance notice of proposed
rulemaking.''.
SEC. 5203. GUIDANCE.
(a) In General.--
(1) Date of issuance and point of contact.--Each guidance
document issued by the Federal Motor Carrier Safety
Administration shall have a date of issuance or a date of
revision, as applicable, and shall include the name and contact
information of a point of contact at the Administration who can
respond to questions regarding the guidance.
(2) Public accessibility.--
(A) In general.--Each guidance document issued or
revised by the Federal Motor Carrier Safety
Administration shall be published on a publicly
accessible Internet Web site of the Department on the
date of issuance or revision.
(B) Redaction.--The Administrator of the Federal
Motor Carrier Safety Administration may redact from a
guidance document published under subparagraph (A) any
information that would reveal investigative techniques
that would compromise Administration enforcement
efforts.
(3) Incorporation into regulations.--Not later than 5 years
after the date on which a guidance document is published under
paragraph (2) or during an applicable review under subsection
(c), whichever is earlier, the Secretary shall revise
regulations to incorporate the guidance document to the extent
practicable.
(4) Reissuance.--If a guidance document is not incorporated
into regulations in accordance with paragraph (3), the
Administrator shall--
(A) reissue an updated version of the guidance
document; and
(B) review and reissue an updated version of the
guidance document every 5 years until the date on which
the guidance document is removed or incorporated into
applicable regulations.
(b) Initial Review.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall review all guidance
documents published under subsection (a) to ensure that such documents
are current, are readily accessible to the public, and meet the
standards specified in subparagraphs (A), (B), and (C) of subsection
(c)(1).
(c) Regular Review.--
(1) In general.--Subject to paragraph (2), not less than
once every 5 years, the Administrator shall conduct a
comprehensive review of the guidance documents issued by the
Federal Motor Carrier Safety Administration to determine
whether such documents are--
(A) consistent and clear;
(B) uniformly and consistently enforced; and
(C) still necessary.
(2) Notice and comment.--Prior to beginning a review under
paragraph (1), the Administrator shall publish in the Federal
Register a notice and request for comment that solicits input
from stakeholders on which guidance documents should be updated
or eliminated.
(3) Report.--
(A) In general.--Not later than 60 days after the
date on which a review under paragraph (1) is
completed, the Administrator shall publish on a
publicly accessible Internet Web site of the Department
a report detailing the review and a full inventory of
the guidance documents of the Administration.
(B) Contents.--A report under subparagraph (A)
shall include a summary of the response of the
Administration to each comment received under paragraph
(2).
(d) Guidance Document Defined.--In this section, the term
``guidance document'' means a document issued by the Federal Motor
Carrier Safety Administration that--
(1) provides an interpretation of a regulation of the
Administration; or
(2) includes an enforcement policy of the Administration.
SEC. 5204. PETITIONS.
(a) In General.--The Administrator of the Federal Motor Carrier
Safety Administration shall--
(1) publish on a publicly accessible Internet Web site of
the Department a summary of all petitions for regulatory action
submitted to the Administration;
(2) prioritize the petitions submitted based on the
likelihood of safety improvements resulting from the regulatory
action requested;
(3) not later than 180 days after the date a summary of a
petition is published under paragraph (1), formally respond to
such petition by indicating whether the Administrator will
accept, deny, or further review the petition;
(4) prioritize responses to petitions consistent with a
response's potential to reduce crashes, improve enforcement,
and reduce unnecessary burdens; and
(5) not later than 60 days after the date of receipt of a
petition, publish on a publicly accessible Internet Web site of
the Department an updated inventory of the petitions described
in paragraph (1), including any applicable disposition
information for those petitions.
(b) Petition Defined.--In this section, the term ``petition'' means
a request for a new regulation, a regulatory interpretation or
clarification, or a review of a regulation to eliminate or modify an
obsolete, ineffective, or overly burdensome regulation.
PART II--COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM
SEC. 5221. CORRELATION STUDY.
(a) In General.--The Administrator of the Federal Motor Carrier
Safety Administration (referred to in this part as the
``Administrator'') shall commission the National Research Council of
the National Academies to conduct a study of--
(1) the Compliance, Safety, Accountability program of the
Federal Motor Carrier Safety Administration (referred to in
this part as the ``CSA program''); and
(2) the Safety Measurement System utilized by the CSA
program (referred to in this part as the ``SMS'').
(b) Scope of Study.--In carrying out the study commissioned
pursuant to subsection (a), the National Research Council--
(1) shall analyze--
(A) the accuracy with which the Behavior Analysis
and Safety Improvement Categories (referred to in this
part as ``BASIC'')--
(i) identify high risk carriers; and
(ii) predict or are correlated with future
crash risk, crash severity, or other safety
indicators for motor carriers;
(B) the methodology used to calculate BASIC
percentiles and identify carriers for enforcement,
including the weights assigned to particular violations
and the tie between crash risk and specific regulatory
violations, with respect to accurately identifying and
predicting future crash risk for motor carriers;
(C) the relative value of inspection information
and roadside enforcement data;
(D) any data collection gaps or data sufficiency
problems that may exist and the impact of those gaps
and problems on the efficacy of the CSA program;
(E) the accuracy of safety data, including the use
of crash data from crashes in which a motor carrier was
free from fault;
(F) whether BASIC percentiles for motor carriers of
passengers should be calculated differently than for
motor carriers of freight;
(G) the differences in the rates at which safety
violations are reported to the Federal Motor Carrier
Safety Administration for inclusion in the SMS by
various enforcement authorities, including States,
territories, and Federal inspectors; and
(H) how members of the public use the SMS and what
effect making the SMS information public has had on
reducing crashes and eliminating unsafe motor carriers
from the industry; and
(2) shall consider--
(A) whether the SMS provides comparable precision
and confidence, through SMS alerts and percentiles, for
the relative crash risk of individual large and small
motor carriers;
(B) whether alternatives to the SMS would identify
high risk carriers more accurately; and
(C) the recommendations and findings of the
Comptroller General of the United States and the
Inspector General of the Department, and independent
review team reports, issued before the date of
enactment of this Act.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Administrator shall submit a report containing the
results of the study commissioned pursuant to subsection (a) to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(3) the Inspector General of the Department.
(d) Corrective Action Plan.--
(1) In general.--Not later than 120 days after the
Administrator submits the report under subsection (c), if that
report identifies a deficiency or opportunity for improvement
in the CSA program or in any element of the SMS, the
Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a corrective action plan that--
(A) responds to the deficiencies or opportunities
identified by the report;
(B) identifies how the Federal Motor Carrier Safety
Administration will address such deficiencies or
opportunities; and
(C) provides an estimate of the cost, including
with respect to changes in staffing, enforcement, and
data collection, necessary to address such deficiencies
or opportunities.
(2) Program reforms.--The corrective action plan submitted
under paragraph (1) shall include an implementation plan that--
(A) includes benchmarks;
(B) includes programmatic reforms, revisions to
regulations, or proposals for legislation; and
(C) shall be considered in any rulemaking by the
Department that relates to the CSA program, including
the SMS.
(e) Inspector General Review.--Not later than 120 days after the
Administrator submits a corrective action plan under subsection (d),
the Inspector General of the Department shall--
(1) review the extent to which such plan implements--
(A) recommendations contained in the report
submitted under subsection (c); and
(B) relevant recommendations issued by the
Comptroller General or the Inspector General before the
date of enactment of this Act; and
(2) submit 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 responsiveness of the
corrective action plan to the recommendations described in
paragraph (1).
SEC. 5222. BEYOND COMPLIANCE.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall incorporate into the CSA
program a methodology to allow recognition and an improved SMS score
for--
(1) the installation of advanced safety equipment;
(2) the use of enhanced driver fitness measures;
(3) the adoption of fleet safety management tools,
technologies, and programs; or
(4) other metrics as determined appropriate by the
Administrator.
(b) Qualification.--The Administrator, after providing notice and
an opportunity for comment, shall develop technical or other
performance standards with respect to advanced safety equipment,
enhanced driver fitness measures, fleet safety management tools,
technologies, and programs, and other metrics for purposes of
subsection (a).
(c) Report.--Not later than 18 months after the incorporation of
the methodology under subsection (a), the Administrator 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 on the number of motor carriers
receiving recognition and improved scores under such methodology and
the safety performance of such carriers.
SEC. 5223. DATA CERTIFICATION.
(a) In General.--On and after the date that is 1 day after the date
of enactment of this Act, no information regarding analysis of
violations, crashes in which a determination is made that the motor
carrier or the commercial motor vehicle driver is not at fault, alerts,
or the relative percentile for each BASIC developed under the CSA
program may be made available to the public (including through requests
under section 552 of title 5, United States Code) until the Inspector
General of the Department certifies that--
(1) the report required under section 5221(c) has been
submitted in accordance with that section;
(2) any deficiencies identified in the report required
under section 5221(c) have been addressed;
(3) if applicable, the corrective action plan under section
5221(d) has been implemented;
(4) the Administrator of the Federal Motor Carrier Safety
Administration has fully implemented or satisfactorily
addressed the issues raised in the report titled ``Modifying
the Compliance, Safety, Accountability Program Would Improve
the Ability to Identify High Risk Carriers'' of the Government
Accountability Office and dated February 2014 (GAO-14-114); and
(5) the CSA program has been modified in accordance with
section 5222.
(b) Limitation on the Use of CSA Analysis.--Information regarding
alerts and the relative percentile for each BASIC developed under the
CSA program may not be used for safety fitness determinations until the
Inspector General of the Department makes the certification under
subsection (a).
(c) Continued Public Availability of Data.--Notwithstanding any
other provision of this section, inspection and violation information
submitted to the Federal Motor Carrier Safety Administration by
commercial motor vehicle inspectors and qualified law enforcement
officials, out-of-service rates, and absolute measures shall remain
available to the public.
(d) Exceptions.--
(1) In general.--Notwithstanding any other provision of
this section--
(A) the Federal Motor Carrier Safety Administration
and State and local commercial motor vehicle
enforcement agencies may use the information referred
to in subsection (a) for purposes of investigation and
enforcement prioritization; and
(B) a motor carrier and a commercial motor vehicle
driver may access information referred to in subsection
(a) that relates directly to the motor carrier or
driver, respectively.
(2) Rule of construction.--Nothing in this section may be
construed to restrict the official use by State enforcement
agencies of the data collected by State enforcement personnel.
SEC. 5224. INTERIM HIRING STANDARD.
(a) Definitions.--In this section, the following definitions apply:
(1) Entity.--The term ``entity'' means a person acting as--
(A) a shipper, other than an individual shipper (as
that term is defined in section 13102 of title 49,
United States Code), or a consignee;
(B) a broker or a freight forwarder (as such terms
are defined in section 13102 of title 49, United States
Code);
(C) a non-vessel-operating common carrier, an ocean
freight forwarder, or an ocean transportation
intermediary (as such terms are defined in section
40102 of title 46, United States Code);
(D) an indirect air carrier authorized to operate
under a Standard Security Program approved by the
Transportation Security Administration;
(E) a customs broker licensed in accordance with
section 111.2 of title 19, Code of Federal Regulations;
(F) an interchange motor carrier subject to
paragraphs (1)(B) and (2) of section 13902(i) of title
49, United States Code; or
(G) a warehouse (as defined in section 7-102(13) of
the Uniform Commercial Code).
(2) Motor carrier.--The term ``motor carrier'' means a
motor carrier (as that term is defined in section 13102 of
title 49, United States Code) that is subject to Federal motor
carrier financial responsibility and safety regulations.
(b) Hiring Standard.--Subsection (c) shall only be applicable to
entities who, before tendering a shipment, but not more than 35 days
before the pickup of the shipment by the hired motor carrier, verify
that the motor carrier, at the time of such verification--
(1) is registered with and authorized by the Federal Motor
Carrier Safety Administration to operate as a motor carrier, if
applicable;
(2) has the minimum insurance coverage required by Federal
law; and
(3) has a satisfactory safety fitness determination issued
by the Federal Motor Carrier Safety Administration in force.
(c) Interim Use of Data.--
(1) In general.--With respect to an entity who completed a
verification under subsection (b), only information regarding
the entity's compliance or noncompliance with subsection (b)
may be admitted as evidence or otherwise used against the
entity in a civil action for damages resulting from a claim of
negligent selection or retention of a motor carrier.
(2) Excluded evidence.--With respect to an entity who
completed a verification under subsection (b), motor carrier
data (other than the information described in paragraph (1))
created or maintained by the Federal Motor Carrier Safety
Administration, including SMS data or analysis of such data,
may not be admitted into evidence in a case or proceeding in
which it is asserted or alleged that the entity's selection or
retention of a motor carrier was negligent.
(d) Sunset.--This section shall cease to be effective on the date
on which the Inspector General of the Department makes the
certification under section 5223(a).
Subtitle C--Commercial Motor Vehicle Safety
SEC. 5301. IMPLEMENTING SAFETY REQUIREMENTS.
(a) National Clearinghouse for Controlled Substance and Alcohol
Test Results of Commercial Motor Vehicle Operators.--If the deadline
established under section 31306a(a)(1) of title 49, United States Code,
has not been met, not later than 30 days after the date of enactment of
this Act, 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 written notification that--
(1) explains why such deadline has not been met; and
(2) establishes a new deadline for completion of the
requirements of such section.
(b) Electronic Logging Devices.--If the deadline established under
section 31137(a) of title 49, United States Code, has not been met, not
later than 30 days 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
Commerce, Science, and Transportation of the Senate written
notification that--
(1) explains why such deadline has not been met; and
(2) establishes a new deadline for completion of the
requirements of such section.
(c) Standards for Training.--If the deadline established under
section 31305(c) of title 49, United States Code, has not been met, not
later than 30 days 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
Commerce, Science, and Transportation of the Senate written
notification that--
(1) explains why such deadline has not been met; and
(2) establishes a new deadline for completion of the
requirements of such section.
(d) Further Responsibilities.--If the Secretary determines that a
deadline established under subsection (a)(2), (b)(2), or (c)(2) cannot
be met, not later than 30 days after the date on which such
determination is made, 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
written notification that--
(1) explains why such deadline cannot be met; and
(2) establishes a new deadline for completion of the
relevant requirements.
SEC. 5302. WINDSHIELD MOUNTED SAFETY TECHNOLOGY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue regulations to modify
section 393.60(e)(1) of title 49, Code of Federal Regulations, to
permanently allow the voluntary mounting on the inside of a vehicle's
windshield, within the area swept by windshield wipers, of vehicle
safety technologies, if the Secretary determines that such mounting is
likely to achieve a level of safety that is equivalent to, or greater
than, the level of safety that would be achieved without such mounting.
(b) Vehicle Safety Technology Defined.--In this section, the term
``vehicle safety technology'' includes lane departure warning systems,
collision avoidance systems, on-board video event recording devices,
and any other technology determined appropriate by the Secretary.
(c) Rule of Construction.--Nothing in this section may be construed
to alter the terms of a short-term exemption from section 393.60(e) of
title 49, Code of Federal Regulations, granted and in effect as of the
date of enactment of this Act.
SEC. 5303. PRIORITIZING STATUTORY RULEMAKINGS.
The Administrator of the Federal Motor Carrier Safety
Administration shall prioritize the completion of each outstanding
rulemaking required by statute before beginning any other rulemaking,
unless the Secretary determines that there is a significant need for
such other rulemaking.
SEC. 5304. SAFETY REPORTING SYSTEM.
(a) 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 Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the cost and feasibility of establishing a
self-reporting system for commercial motor vehicle drivers or motor
carriers with respect to en route equipment failures.
(b) Contents.--The report required under subsection (a) shall
include--
(1) an analysis of--
(A) alternatives for the reporting of equipment
failures in real time, including an Internet Web site
or telephone hotline;
(B) the ability of a commercial motor vehicle
driver or a motor carrier to provide to the Federal
Motor Carrier Safety Administration proof of repair of
a self-reported equipment failure;
(C) the ability of the Federal Motor Carrier Safety
Administration to ensure that self-reported equipment
failures proven to be repaired are not used in the
calculation of Behavior Analysis and Safety Improvement
Category scores;
(D) the ability of roadside inspectors to access
self-reported equipment failures;
(E) the cost to establish and administer a self-
reporting system;
(F) the ability for a self-reporting system to
track individual commercial motor vehicles through
unique identifiers; and
(G) whether a self-reporting system would yield
demonstrable safety benefits;
(2) an identification of any regulatory or statutory
impediments to the implementation of a self-reporting system;
and
(3) recommendations on implementing a self-reporting
system.
SEC. 5305. NEW ENTRANT SAFETY REVIEW PROGRAM.
(a) In General.--The Secretary shall conduct an assessment of the
new operator safety review program under section 31144(g) of title 49,
United States Code, including the program's effectiveness in reducing
crashes, fatalities, and injuries involving commercial motor vehicles
and improving commercial motor vehicle safety.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall publish on a publicly accessible Internet
Web site of the Department and submit 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 results of the assessment conducted under subsection (a),
including any recommendations for improving the effectiveness of the
program (including recommendations for legislative changes).
SEC. 5306. READY MIXED CONCRETE TRUCKS.
A driver of a ready mixed concrete mixer truck is exempt from
section 3(a)(3)(ii) of part 395 of title 49, Code of Federal
Regulations, if the driver is in compliance with clauses (i), (iii),
(iv), and (v) of subsection (e)(1) of section 1 of part 395 of such
title (regarding the 100 air-mile logging exemption).
Subtitle D--Commercial Motor Vehicle Drivers
SEC. 5401. OPPORTUNITIES FOR VETERANS.
(a) Standards for Training and Testing of Veteran Operators.--
Section 31305 of title 49, United States Code, is amended by adding at
the end the following:
``(d) Standards for Training and Testing of Veteran Operators.--
``(1) In general.--Not later than December 31, 2016, the
Secretary shall modify the regulations prescribed under
subsections (a) and (c) to--
``(A) exempt a covered individual from all or a
portion of a driving test if the covered individual had
experience in the armed forces or reserve components
driving vehicles similar to a commercial motor vehicle;
``(B) ensure that a covered individual may apply
for an exemption under subparagraph (A) during, at
least, the 1-year period beginning on the date on which
such individual separates from service in the armed
forces or reserve components; and
``(C) credit the training and knowledge a covered
individual received in the armed forces or reserve
components driving vehicles similar to a commercial
motor vehicle for purposes of satisfying minimum
standards for training and knowledge.
``(2) Definitions.--In this subsection, the following
definitions apply:
``(A) Armed forces.--The term `armed forces' has
the meaning given that term in section 101(a)(4) of
title 10.
``(B) Covered individual.--The term `covered
individual' means--
``(i) a former member of the armed forces;
or
``(ii) a former member of the reserve
components.
``(C) Reserve components.--The term `reserve
components' means--
``(i) the Army National Guard of the United
States;
``(ii) the Army Reserve;
``(iii) the Navy Reserve;
``(iv) the Marine Corps Reserve;
``(v) the Air National Guard of the United
States;
``(vi) the Air Force Reserve; and
``(vii) the Coast Guard Reserve.''.
(b) Implementation of the Military Commercial Driver's License
Act.--Not later than December 31, 2015, the Secretary shall issue final
regulations to implement the exemption to the domicile requirement
under section 31311(a)(12)(C) of title 49, United States Code.
(c) Conforming Amendment.--Section 31311(a)(12)(C)(ii) of title 49,
United States Code, is amended to read as follows:
``(ii) is an active duty member of--
``(I) the armed forces (as that term is
defined in section 101(a)(4) of title 10); or
``(II) the reserve components (as that term
is defined in section 31305(d)(2)(C) of this
title); and''.
SEC. 5402. DRUG-FREE COMMERCIAL DRIVERS.
(a) In General.--Section 31306 of title 49, United States Code, is
amended--
(1) in subsection (b)(1)--
(A) by redesignating subparagraph (B) as
subparagraph (C);
(B) in subparagraph (A) by striking ``The
regulations shall permit such motor carriers to conduct
preemployment testing of such employees for the use of
alcohol.''; and
(C) by inserting after subparagraph (A) the
following:
``(B) The regulations prescribed under subparagraph (A) shall
permit motor carriers--
``(i) to conduct preemployment testing of commercial motor
vehicle operators for the use of alcohol; and
``(ii) to use hair testing as an acceptable alternative to
urine testing--
``(I) in conducting preemployment testing for the
use of a controlled substance; and
``(II) in conducting random testing for the use of
a controlled substance if the operator was subject to
hair testing for preemployment testing.'';
(2) in subsection (b)(2)--
(A) in subparagraph (A) by striking ``and'' at the
end;
(B) in subparagraph (B) by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) shall provide an exemption from hair testing for
commercial motor vehicle operators with established religious
beliefs that prohibit the cutting or removal of hair.''; and
(3) in subsection (c)(2)--
(A) in the matter preceding subparagraph (A) by
inserting ``for urine testing, and technical guidelines
for hair testing,'' before ``including mandatory
guidelines'';
(B) in subparagraph (B) by striking ``and'' at the
end;
(C) in subparagraph (C) by inserting ``and'' after
the semicolon; and
(D) by adding at the end the following:
``(D) laboratory protocols and cut-off levels for
hair testing to detect the use of a controlled
substance;''.
(b) Guidelines.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services shall issue
scientific and technical guidelines for hair testing as a method of
detecting the use of a controlled substance for purposes of section
31306 of title 49, United States Code.
SEC. 5403. CERTIFIED MEDICAL EXAMINERS.
(a) In General.--Section 31315(b)(1) of title 49, United States
Code, is amended by striking ``or section 31136'' and inserting ``,
section 31136, or section 31149(d)(3)''.
(b) Conforming Amendment.--Section 31149(d)(3) of title 49, United
States Code, is amended by inserting ``, unless the person issuing the
certificate is the subject of an exemption issued under section
31315(b)(1)'' before the semicolon.
SEC. 5404. GRADUATED COMMERCIAL DRIVER'S LICENSE PILOT PROGRAM.
(a) Task Force.--
(1) In general.--The Secretary shall convene a task force
to evaluate and make recommendations to the Secretary on
elements for inclusion in a graduated commercial driver's
license pilot program that would allow a novice licensed driver
between the ages of 19 years and 6 months and 21 years to
safely operate a commercial motor vehicle in a limited capacity
in interstate commerce between States that enter into a bi-
State agreement.
(2) Membership.--The task force convened under paragraph
(1) shall include representatives of State motor vehicle
administrators, motor carriers, labor organizations, safety
advocates, and other stakeholders determined appropriate by the
Secretary.
(3) Considerations.--The task force convened under
paragraph (1) shall evaluate and make recommendations on the
following elements for inclusion in a graduated commercial
driver's license pilot program:
(A) A specified length of time for a learner's
permit stage.
(B) A requirement that drivers under the age of 21
years be accompanied by experienced drivers over the
age of 21 years.
(C) A restriction on travel distances.
(D) A restriction on maximum allowable driving
hours.
(E) Mandatory driver training that exceeds the
requirements for drivers over the age of 21 years
issued by the Secretary under section 31305(c) of title
49, United States Code.
(F) Use of certain safety technologies in the
vehicles of drivers under the age of 21 years.
(G) Any other element the task force considers
appropriate.
(4) Recommendations.--Not later than 1 year after the date
of enactment of this Act, the task force convened under
paragraph (1) shall recommend to the Secretary the elements the
task force has determined appropriate for inclusion in a
graduated commercial driver's license pilot program.
(b) Pilot Program.--
(1) In general.--Not later than 1 year after receiving the
recommendations of the task force under subsection (a), the
Secretary shall establish a graduated commercial driver's
license pilot program in accordance with such recommendations
and section 31315(c) of title 49, United States Code.
(2) Pre-establishment requirements.--Prior to the
establishment of the pilot program under paragraph (1), the
Secretary shall--
(A) submit to Congress a report outlining the
recommendations of the task force received under
subsection (a); and
(B) publish in the Federal Register, and provide
sufficient notice of and an opportunity for public
comment on, the--
(i) proposed requirements for State and
driver participation in the pilot program,
based on the recommendations of the task force
and consistent with paragraph (3);
(ii) measures the Secretary will utilize
under the pilot program to ensure safety; and
(iii) standards the Secretary will use to
evaluate the pilot program, including to
determine any changes in the level of motor
carrier safety as a result of the pilot
program.
(3) Program elements.--The pilot program established under
paragraph (1)--
(A) may not allow an individual under the age of 19
years and 6 months to participate;
(B) may not allow a driver between the ages of 19
years and 6 months and 21 years to--
(i) operate a commercial motor vehicle in
special configuration; or
(ii) transport hazardous cargo;
(C) shall be carried out in a State (including the
District of Columbia) only if the Governor of the State
(or the Mayor of the District of Columbia, if
applicable) approves an agreement with a contiguous
State to allow a licensed driver under the age of 21
years to operate a commercial motor vehicle across both
States in accordance with the pilot program;
(D) may not recognize more than 6 agreements
described in subparagraph (C);
(E) may not allow more than 10 motor carriers to
participate in the pilot program under each agreement
described in subparagraph (C);
(F) shall require each motor carrier participating
in the pilot program under an agreement described in
subparagraph (C) to--
(i) have in effect a satisfactory safety
fitness determination that was issued by the
Federal Motor Carrier Safety Administration
during the 2-year period preceding the date of
the Federal Register publication required under
paragraph (2)(B); and
(ii) agree to have its safety performance
monitored by the Secretary during participation
in the pilot program;
(G) shall allow for the revocation of a motor
carrier's participation in the pilot program if a State
or the Secretary determines that the motor carrier
violated the requirements, including safety
requirements, of the pilot program; and
(H) shall ensure that a valid graduated commercial
driver's license issued by a State that has entered
into an agreement described in subparagraph (C) and is
approved by the Secretary to participate in the pilot
program is recognized as valid in both States that are
participating in the agreement.
(c) Inspector General Report.--
(1) Monitoring.--The Inspector General of the Department of
Transportation shall monitor and review the implementation of
the pilot program established under subsection (b).
(2) Report.--The Inspector General shall submit to Congress
and the Secretary--
(A) not later than 1 year after the establishment
of the pilot program under subsection (b), an interim
report on the results of the review conducted under
paragraph (1); and
(B) not later than 60 days after the conclusion of
the pilot program, a final report on the results of the
review conducted under paragraph (1).
(3) Additional contents.--
(A) Interim report.--The interim report required
under paragraph (2)(A) shall address whether the
Secretary has established sufficient mechanisms and
generated sufficient data to determine if the pilot
program is having any adverse effects on motor carrier
safety.
(B) Final report.--The final report required under
paragraph (2)(B) shall address the impact of the pilot
program on--
(i) safety; and
(ii) the number of commercial motor vehicle
drivers available for employment.
SEC. 5405. VETERANS EXPANDED TRUCKING OPPORTUNITIES.
(a) In General.--In the case of a physician-approved veteran
operator, the qualified physician of such operator may, subject to the
requirements of subsection (b), perform a medical examination and
provide a medical certificate for purposes of compliance with the
requirements of section 31149 of title 49, United States Code.
(b) Certification.--The certification described under subsection
(a) shall include--
(1) assurances that the physician performing the medical
examination meets the requirements of a qualified physician
under this section; and
(2) certification that the physical condition of the
operator is adequate to enable such operator to operate a
commercial motor vehicle safely.
(c) Definitions.--In this section, the following definitions apply:
(1) Physician-approved veteran operator.--The term
``physician-approved veteran operator'' means an operator of a
commercial motor vehicle who--
(A) is a veteran who is enrolled in the health care
system established under section 1705(a) of title 38,
United States Code; and
(B) is required to have a current valid medical
certificate pursuant to section 31149 of title 49,
United States Code.
(2) Qualified physician.--The term ``qualified physician''
means a physician who--
(A) is employed in the Department of Veterans
Affairs;
(B) is familiar with the standards for, and
physical requirements of, an operator certified
pursuant to section 31149 of title 49, United States
Code; and
(C) has never, with respect such section, been
found to have acted fraudulently, including by
fraudulently awarding a medical certificate.
(3) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
(d) Statutory Construction.--Nothing in this section shall be
construed to change any statutory penalty associated with fraud or
abuse.
Subtitle E--General Provisions
SEC. 5501. MINIMUM FINANCIAL RESPONSIBILITY.
(a) Transporting Property.--If the Secretary proceeds with a
rulemaking to determine whether to increase the minimum levels of
financial responsibility required under section 31139 of title 49,
United States Code, the Secretary shall consider, prior to issuing a
final rule--
(1) the rulemaking's potential impact on--
(A) the safety of motor vehicle transportation; and
(B) the motor carrier industry, including small and
minority motor carriers and independent owner-
operators;
(2) the ability of the insurance industry to provide the
required amount of insurance;
(3) the extent to which current minimum levels of financial
responsibility adequately cover--
(A) medical care;
(B) compensation;
(C) attorney fees; and
(D) other identifiable costs;
(4) the frequency with which insurance claims exceed
current minimum levels of financial responsibility in fatal
accidents; and
(5) the impact of increased levels on motor carrier safety
and accident reduction.
(b) Transporting Passengers.--
(1) In general.--Prior to initiating a rulemaking to change
the minimum levels of financial responsibility under section
31138 of title 49, United States Code, the Secretary shall
complete a study specific to the minimum financial
responsibility requirements for motor carriers of passengers.
(2) Study contents.--A study under paragraph (1) shall
include--
(A) a review of accidents, injuries, and fatalities
in the over-the-road bus and school bus industries;
(B) a review of insurance held by over-the-road bus
and public and private school bus companies, including
companies of various sizes, and an analysis of whether
such insurance is adequate to cover claims;
(C) an analysis of whether and how insurance
affects the behavior and safety record of motor
carriers of passengers, including with respect to crash
reduction; and
(D) an analysis of the anticipated impacts of an
increase in financial responsibility on insurance
premiums for passenger carriers and service
availability.
(3) Consultation.--In conducting a study under paragraph
(1), the Secretary shall consult with--
(A) representatives of the over-the-road bus and
private school bus transportation industries, including
representatives of bus drivers; and
(B) insurers of motor carriers of passengers.
(4) Report.--If the Secretary undertakes a study under
paragraph (1), 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 on the results of the
study.
SEC. 5502. DELAYS IN GOODS MOVEMENT.
(a) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Inspector General of the Department
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 on the average length of time that operators of
commercial motor vehicles are delayed before the loading and
unloading of such vehicles and at other points in the pick-up
and delivery process.
(2) Contents.--The report under paragraph (1) shall
include--
(A) an assessment of how delays impact--
(i) the economy;
(ii) the efficiency of the transportation
system;
(iii) motor carrier safety, including the
extent to which delays result in violations of
motor carrier safety regulations; and
(iv) the livelihood of motor carrier
drivers; and
(B) recommendations on how delays could be
mitigated.
(b) Collection of Data.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall establish by regulation a
process to collect data on delays experienced by operators of
commercial motor vehicles before the loading and unloading of such
vehicles and at other points in the pick-up and delivery process.
SEC. 5503. REPORT ON MOTOR CARRIER FINANCIAL RESPONSIBILITY.
(a) In General.--Not later than April 1, 2016, the Secretary shall
publish on a publicly accessible Internet Web site of the Department a
report on the minimum levels of financial responsibility required under
section 31139 of title 49, United States Code.
(b) Contents.--The report required under subsection (a) shall
include an analysis of--
(1) the differences between State insurance requirements
and Federal requirements;
(2) the extent to which current minimum levels of financial
responsibility adequately cover--
(A) medical care;
(B) compensation;
(C) attorney fees; and
(D) other identifiable costs; and
(3) the frequency with which insurance claims exceed the
current minimum levels of financial responsibility.
SEC. 5504. EMERGENCY ROUTE WORKING GROUP.
(a) In General.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a working
group to determine best practices for expeditious State
approval of special permits for vehicles involved in emergency
response and recovery.
(2) Members.--The working group shall include
representatives from--
(A) State highway transportation departments or
agencies;
(B) relevant modal agencies within the Department;
(C) emergency response or recovery experts;
(D) relevant safety groups; and
(E) entities affected by special permit
restrictions during emergency response and recovery
efforts.
(b) Considerations.--In determining best practices under subsection
(a), the working group shall consider whether--
(1) impediments currently exist that prevent expeditious
State approval of special permits for vehicles involved in
emergency response and recovery;
(2) it is possible to pre-identify and establish emergency
routes between States through which infrastructure repair
materials could be delivered following a natural disaster or
emergency;
(3) a State could pre-designate an emergency route
identified under paragraph (2) as a certified emergency route
if a motor vehicle that exceeds the otherwise applicable
Federal and State truck length or width limits may safely
operate along such route during periods of declared emergency
and recovery from such periods; and
(4) an online map could be created to identify each pre-
designated emergency route under paragraph (3), including
information on specific limitations, obligations, and
notification requirements along that route.
(c) Report.--
(1) Submission.--Not later than 1 year after the date of
enactment of this Act, the working group shall submit to the
Secretary a report on its findings under this section and any
recommendations for the implementation of best practices for
expeditious State approval of special permits for vehicles
involved in emergency response and recovery.
(2) Publication.--Not later than 30 days after the date the
Secretary receives the report under paragraph (1), the
Secretary shall publish the report on a publicly accessible
Internet Web site of the Department.
(d) Notification.--Not later than 6 months after the date the
Secretary receives the report under subsection (c)(1), the Secretary
shall notify the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the actions the Secretary and the
States have taken to implement the recommendations included in the
report.
(e) Exemption.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the working group.
(f) Termination.--The working group shall terminate 1 year after
the date the Secretary receives the report under subsection (c)(1).
SEC. 5505. HOUSEHOLD GOODS CONSUMER PROTECTION WORKING GROUP.
(a) Working Group.--The Secretary shall establish a working group
for the purpose of developing recommendations on how to best convey to
inexperienced consumers the information such consumers need to know
with respect to the Federal laws concerning the interstate
transportation of household goods by motor carrier.
(b) Membership.--The Secretary shall ensure that the working group
is comprised of individuals with expertise in consumer affairs,
educators with expertise in how people learn most effectively, and
representatives of the household goods moving industry.
(c) Recommendations.--
(1) Contents.--The recommendations developed by the working
group shall include recommendations on--
(A) condensing publication ESA 03005 of the Federal
Motor Carrier Safety Administration into a format that
is more easily used by consumers;
(B) using state-of-the-art education techniques and
technologies, including optimizing the use of the
Internet as an educational tool; and
(C) reducing and simplifying the paperwork required
of motor carriers and shippers in interstate
transportation.
(2) Deadline.--Not later than 1 year after the date of
enactment of this Act--
(A) the working group shall make the
recommendations described in paragraph (1); and
(B) the Secretary shall publish the recommendations
on a publicly accessible Internet Web site of the
Department.
(d) Report.--Not later than 1 year after the date on which the
working group makes its recommendations under subsection (c)(2), the
Secretary shall issue a report to Congress on the implementation of
such recommendations.
(e) Exemption.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the working group.
(f) Termination.--The working group shall terminate 1 year after
the date the working group makes its recommendations under subsection
(c)(2).
SEC. 5506. TECHNOLOGY IMPROVEMENTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a comprehensive analysis of the information technology and data
collection and management systems of the Federal Motor Carrier Safety
Administration.
(b) Requirements.--The study conducted under subsection (a) shall--
(1) evaluate the efficacy of the existing information
technology, data collection, processing systems, data
correction procedures, and data management systems and
programs, including their interaction with each other and their
efficacy in meeting user needs;
(2) identify any redundancies among the systems,
procedures, and programs described in paragraph (1);
(3) explore the feasibility of consolidating data
collection and processing systems;
(4) evaluate the ability of the systems, procedures, and
programs described in paragraph (1) to meet the needs of--
(A) the Federal Motor Carrier Safety
Administration, at both the headquarters and State
levels;
(B) the State agencies that implement the motor
carrier safety assistance program under section 31102
of title 49, United States Code; and
(C) other users;
(5) evaluate the adaptability of the systems, procedures,
and programs described in paragraph (1), in order to make
necessary future changes to ensure user needs are met in an
easier, timely, and more cost-efficient manner;
(6) investigate and make recommendations regarding--
(A) deficiencies in existing data sets impacting
program effectiveness; and
(B) methods to improve user interfaces; and
(7) identify the appropriate role the Federal Motor Carrier
Safety Administration should take with respect to software and
information systems design, development, and maintenance for
the purpose of improving the efficacy of the systems,
procedures, and programs described in paragraph (1).
SEC. 5507. NOTIFICATION REGARDING MOTOR CARRIER REGISTRATION.
Not later than 30 days 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
Commerce, Science, and Transportation of the Senate written
notification of the actions the Secretary is taking to ensure, to the
greatest extent practicable, that each application for registration
under section 13902 of title 49, United States Code, is processed not
later than 30 days after the date on which the application is received
by the Secretary.
SEC. 5508. REPORT ON COMMERCIAL DRIVER'S LICENSE SKILLS TEST DELAYS.
Not later than 1 year after the date of enactment of this Act, and
each year thereafter, the Administrator of the Federal Motor Carrier
Safety Administration shall submit 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 that--
(1) describes, for each State, the status of skills testing
for applicants for a commercial driver's license, including--
(A) the average wait time, by month and location,
from the date an applicant requests to take a skills
test to the date the applicant completes such test;
(B) the average wait time, by month and location,
from the date an applicant, upon failure of a skills
test, requests a retest to the date the applicant
completes such retest;
(C) the actual number of qualified commercial
driver's license examiners, by month and location,
available to test applicants; and
(D) the number of testing sites available through
the State department of motor vehicles and whether this
number has increased or decreased from the previous
year; and
(2) describes specific steps that the Administrator is
taking to address skills testing delays in States that have
average skills test or retest wait times of more than 7 days
from the date an applicant requests to test or retest to the
date the applicant completes such test or retest.
SEC. 5509. COVERED FARM VEHICLES.
Section 32934(b)(1) of MAP-21 (49 U.S.C. 31136 note) is amended by
striking ``from'' and all that follows through the period at end and
inserting the following: ``from--
``(A) a requirement described in subsection (a) or
a compatible State requirement; or
``(B) any other minimum standard provided by a
State relating to the operation of that vehicle.''.
SEC. 5510. OPERATORS OF HI-RAIL VEHICLES.
(a) In General.--In the case of a commercial motor vehicle driver
subject to the hours of service requirements in part 395 of title 49,
Code of Federal Regulations, who is driving a hi-rail vehicle, the
maximum on duty time under section 395.3 of such title for such driver
shall not include time in transportation to or from a duty assignment
if such time in transportation--
(1) does not exceed 2 hours per calendar day or a total of
30 hours per calendar month; and
(2) is fully and accurately accounted for in records to be
maintained by the motor carrier and such records are made
available upon request of the Federal Motor Carrier Safety
Administration or the Federal Railroad Administration.
(b) Emergency.--In the case of a train accident, an act of God, a
train derailment, or a major equipment failure or track condition that
prevents a train from advancing, a driver described in subsection (a)
may complete a run without being in violation of the provisions of part
395 of title 49, Code of Federal Regulations.
(c) Hi-Rail Vehicle Defined.--In this section, the term ``hi-rail
vehicle'' has the meaning given the term in section 214.7 of title 49,
Code of Federal Regulations, as in effect on the date of enactment of
this Act.
SEC. 5511. ELECTRONIC LOGGING DEVICE REQUIREMENTS.
Section 31137(b) of title 49, United States Code, is amended--
(1) in paragraph (1)(C) by striking ``apply to'' and
inserting ``except as provided in paragraph (3), apply to'';
and
(2) by adding at the end the following:
``(3) Exception.--A motor carrier, when transporting a
motor home or recreation vehicle trailer within the definition
of the term `driveaway-towaway operation' (as defined in
section 390.5 of title 49, Code of Federal Regulations), may
comply with the hours of service requirements by requiring each
driver to use--
``(A) a paper record of duty status form; or
``(B) an electronic logging device.''.
SEC. 5512. TECHNICAL CORRECTIONS.
(a) Title 49.--Title 49, United States Code, is amended as follows:
(1) Section 13902(i)(2) is amended by inserting ``except
as'' before ``described''.
(2) Section 13903(d) is amended by striking ``(d)
Registration as Motor Carrier Required.--'' and all that
follows through ``(1) In general.--A freight forwarder'' and
inserting ``(d) Registration as Motor Carrier Required.--A
freight forwarder''.
(3) Section 13905(d)(2)(D) is amended--
(A) by striking ``the Secretary finds
that--'' and all that follows through ``(i) the motor
carrier,'' and inserting ``the Secretary finds that the
motor carrier,''; and
(B) by adding a period at the end.
(4) Section 14901(h) is amended by striking ``Household
Goods'' in the heading.
(5) Section 14916 is amended by striking the section
designation and heading and inserting the following:
``Sec. 14916. Unlawful brokerage activities''.
(b) MAP-21.--Effective as of July 6, 2012, and as if included
therein as enacted, MAP-21 (Public Law 112-141) is amended as follows:
(1) Section 32108(a)(4) (126 Stat. 782) is amended by
inserting ``for'' before ``each additional day'' in the matter
proposed to be struck.
(2) Section 32301(b)(3) (126 Stat. 786) is amended by
striking ``by amending (a) to read as follows:'' and inserting
``by striking subsection (a) and inserting the following:''.
(3) Section 32302(c)(2)(B) (126 Stat. 789) is amended by
striking ``section 32303(c)(1)'' and inserting ``section
32302(c)(1)''.
(4) Section 32921(b) (126 Stat. 828) is amended, in the
matter to be inserted, by striking ``(A) In addition'' and
inserting the following:
``(A) In general.--In addition''.
(5) Section 32931(c) (126 Stat. 829) is amended--
(A) by striking ``Secretary'' and inserting
``Secretary of Transportation'' in the matter to be
struck; and
(B) by striking ``Secretary'' and inserting
``Secretary of Transportation'' in the matter to be
inserted.
(c) Motor Carrier Safety Improvement Act of 1999.--Section
229(a)(1) of the Motor Carrier Safety Improvement Act of 1999 (49
U.S.C. 31136 note) is amended by inserting ``of title 49, United States
Code,'' after ``sections 31136 and 31502''.
SEC. 5513. AUTOMOBILE TRANSPORTER.
(a) Automobile Transporter Defined.--Section 31111(a)(1) of title
49, United States Code, is amended--
(1) by striking ``specifically''; and
(2) by adding at the end the following: ``An automobile
transporter shall not be prohibited from the transport of cargo
or general freight on a backhaul, so long as it complies with
weight limitations for a truck tractor and semitrailer
combination.''.
(b) Truck Tractor Defined.--Section 31111(a)(3)(B) of title 49,
United States Code, is amended--
(1) by striking ``only''; and
(2) by inserting before the period at the end the
following: ``or any other commodity, including cargo or general
freight on a backhaul''.
(c) Backhaul Defined.--Section 31111(a) of title 49, United States
Code, is amended by adding at the end the following:
``(5) Backhaul.--The term `backhaul' means the return trip
of a vehicle transporting cargo or general freight, especially
when carrying goods back over all or part of the same route.''.
(d) Stinger-Steered Automobile Transporters.--Section 31111(b)(1)
of title 49, United States Code, is amended--
(1) in subparagraph (E) by striking ``or'' at the end;
(2) in subparagraph (F) by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(G) imposes a vehicle length limitation of less than 80
feet on a stinger-steered automobile transporter with a front
overhang of less than 4 feet and a rear overhang of less than 6
feet.''.
SEC. 5514. READY MIX CONCRETE DELIVERY VEHICLES.
Section 31502 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Ready Mixed Concrete Delivery Vehicles.--
``(1) In general.--Notwithstanding any other provision of
law, regulations issued under this section or section 31136
(including section 1(e)(1)(ii) of part 395 of title 49, Code of
Federal Regulations) regarding reporting, recordkeeping, or
documentation of duty status, shall not apply to any driver of
a ready mixed concrete delivery vehicle if--
``(A) the driver operates within a 100 air-mile
radius of the normal work reporting location;
``(B) the driver returns to the work reporting
location and is released from work within 14
consecutive hours;
``(C) the driver has at least 10 consecutive hours
off duty following each 14 hours on duty;
``(D) the driver does not exceed 11 hours maximum
driving time following 10 consecutive hours off duty;
and
``(E) the motor carrier that employs the driver
maintains and retains for a period of 6 months accurate
and true time records that show--
``(i) the time the driver reports for duty
each day;
``(ii) the total number of hours the driver
is on duty each day;
``(iii) the time the driver is released
from duty each day; and
``(iv) the total time for the preceding
driving week the driver is used for the first
time or intermittently.
``(2) Definition.--In this section, the term `driver of
ready mixed concrete delivery vehicle' means a driver of a
vehicle designed to deliver ready mixed concrete on a daily
basis and is equipped with a mechanism under which the
vehicle's propulsion engine provides the power to operate a
mixer drum to agitate and mix the product en route to the
delivery site.''.
SEC. 5515. SAFETY STUDY REGARDING DOUBLE-DECKER MOTORCOACHES.
(a) Study.--The Secretary of Transportation, in consultation with
State transportation safety officials, shall conduct a study regarding
the safety operations, fire suppression capability, tire loads, and
pavement impacts of operating a double-decker motorcoach equipped with
a device designed by the motorcoach manufacturer to attach to the rear
of the motorcoach for use in transporting passenger baggage.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary shall submit a report containing the results of
the study to--
(1) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(2) the Committee on Commerce, Science, and Transportation
of the Senate.
SEC. 5516. TRANSPORTATION OF CONSTRUCTION MATERIALS AND EQUIPMENT.
Section 229(e)(4) of the Motor Carrier Safety Improvement Act of
1999 (49 U.S.C. 31136 note) is amended--
(1) by striking ``50 air mile radius'' and inserting ``75
air mile radius''; and
(2) by striking ``the driver.'' and inserting ``the driver,
except that a State, upon notice to the Secretary, may
establish a different air mile radius limitation for purposes
of this paragraph if such limitation is between 50 and 75 air
miles and applies only to movements that take place entirely
within the State.''.
SEC. 5517. COMMERCIAL DELIVERY OF LIGHT- AND MEDIUM-DUTY TRAILERS.
(a) Definitions.--Section 31111(a) of title 49, United States Code,
is amended by adding at the end the following:
``(5) Trailer transporter towing unit.--The term `trailer
transporter towing unit' means a power unit that is not used to
carry property when operating in a towaway trailer transporter
combination.
``(6) Towaway trailer transporter combination.--The term
`towaway trailer transporter combination' means a combination
of vehicles consisting of a trailer transporter towing unit and
two trailers or semitrailers--
``(A) with a total weight that does not exceed
26,000 pounds; and
``(B) in which the trailers or semitrailers carry
no property and constitute inventory property of a
manufacturer, distributor or dealer of such trailers or
semitrailers.''.
(b) General Limitations.--Section 31111(b)(1) of such title is
amended--
(1) in subparagraph (E) by striking ``or'' at the end;
(2) in subparagraph (F) by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(G) has the effect of imposing an overall length
limitation of less than 82 feet on a towaway trailer
transporter combination.''.
(c) Conforming Amendments.--
(1) Property-carrying unit limitation.--Section 31112(a)(1)
of such title is amended by inserting before the period at the
end the following: ``, but not including a trailer or a
semitrailer transported as part of a towaway trailer
transporter combination, as defined in section 31111(a)''.
(2) Access to interstate system.--Section 31114(a)(2) of
such title is amended by inserting ``any towaway trailer
transporter combination, as defined in section 31111(a),''
after ``passengers,''.
SEC. 5518. GAO REVIEW OF SCHOOL BUS SAFETY.
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 Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a review of the following:
(1) Existing Federal and State rules and guidance, as of
the date of the review, concerning school bus transportation of
elementary school and secondary school students engaging in
home-to-school transport or other transport determined by the
Comptroller General to be a routine part of kindergarten
through grade 12 education, including regulations and guidance
regarding driver training programs, capacity requirements,
programs for special needs students, inspection standards,
vehicle age requirements, best practices, and public access to
inspection results and crash records.
(2) Any correlation between public or private school bus
fleet operators whose vehicles are involved in an accident as
defined by section 390.5 of title 49, Code of Federal
Regulations, and each of the following:
(A) A failure by those same operators of State or
local safety inspections.
(B) The average age or odometer readings of the
school buses in the fleets of such operators.
(C) Violations of Federal laws administered by the
Department of Transportation, or of State law
equivalents of such laws.
(D) Violations of State or local law relating to
illegal passing of a school bus.
(3) A regulatory framework comparison of public and private
school bus operations.
(4) Expert recommendations on best practices for safe and
reliable school bus transportation, including driver training
programs, inspection standards, school bus age and odometer
reading maximums for retirement, the percentage of buses in a
local bus fleet needed as spare buses, and capacity levels per
school bus for different age groups.
TITLE VI--INNOVATION
SEC. 6001. SHORT TITLE.
This title may be cited as the ``Transportation for Tomorrow Act of
2015''.
SEC. 6002. 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
section 503(b) of title 23, United States Code, $125,000,000
for each of fiscal years 2016 through 2021.
(2) Technology and innovation deployment program.--To carry
out section 503(c) of title 23, United States Code--
(A) $67,000,000 for fiscal year 2016;
(B) $67,500,000 for fiscal year 2017;
(C) $67,500,000 for fiscal year 2018;
(D) $67,500,000 for fiscal year 2019;
(E) $67,500,000 for fiscal year 2020; and
(F) $67,500,000 for fiscal year 2021.
(3) Training and education.--To carry out section 504 of
title 23, United States Code $24,000,000 for each of fiscal
years 2016 through 2021.
(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 2016 through 2021.
(5) University transportation centers program.--To carry
out section 5505 of title 49, United States Code--
(A) $72,500,000 for fiscal year 2016;
(B) $75,000,000 for fiscal year 2017;
(C) $75,000,000 for fiscal year 2018;
(D) $77,500,000 for fiscal year 2019;
(E) $77,500,000 for fiscal year 2020; and
(F) $77,500,000 for fiscal year 2021.
(6) Bureau of transportation statistics.--To carry out
chapter 63 of title 49, United States Code, $26,000,000 for
each of fiscal years 2016 through 2021.
(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, except as otherwise provided in this Act.
SEC. 6003. ADVANCED TRANSPORTATION AND CONGESTION MANAGEMENT
TECHNOLOGIES DEPLOYMENT.
Section 503(c) of title 23, United States Code, is amended by
adding at the end the following:
``(4) Advanced transportation technologies deployment.--
``(A) In general.--Not later than 6 months after
the date of enactment of this paragraph, the Secretary
shall establish an advanced transportation and
congestion management technologies deployment
initiative to provide grants to eligible entities to
develop model deployment sites for large scale
installation and operation of advanced transportation
technologies to improve safety, efficiency, system
performance, and infrastructure return on investment.
``(B) Criteria.--The Secretary shall develop
criteria for selection of an eligible entity to receive
a grant under this paragraph, including how the
deployment of technology will--
``(i) reduce costs and improve return on
investments, including through the enhanced use
of existing transportation capacity;
``(ii) deliver environmental benefits that
alleviate congestion and streamline traffic
flow;
``(iii) measure and improve the operational
performance of the applicable transportation
network;
``(iv) reduce the number and severity of
traffic crashes and increase driver, passenger,
and pedestrian safety;
``(v) collect, disseminate, and use real-
time traffic, transit, parking, and other
transportation-related information to improve
mobility, reduce congestion, and provide for
more efficient and accessible transportation;
``(vi) monitor transportation assets to
improve infrastructure management, reduce
maintenance costs, prioritize investment
decisions, and ensure a state of good repair;
``(vii) deliver economic benefits by
reducing delays, improving system performance,
and providing for the efficient and reliable
movement of goods and services; or
``(viii) accelerate the deployment of
vehicle-to-vehicle, vehicle-to-infrastructure,
autonomous vehicles, and other technologies.
``(C) Applications.--
``(i) Request.--Not later than 6 months
after the date of enactment of this paragraph,
and for every fiscal year thereafter, the
Secretary shall request applications in
accordance with clause (ii).
``(ii) Contents.--An application submitted
under this subparagraph shall include the
following:
``(I) Plan.--A plan to deploy and
provide for the long-term operation and
maintenance of advanced transportation
and congestion management technologies
to improve safety, efficiency, system
performance, and return on investment.
``(II) Objectives.--Quantifiable
system performance improvements, such
as--
``(aa) reducing traffic-
related crashes, congestion,
and costs;
``(bb) optimizing system
efficiency; and
``(cc) improving access to
transportation services.
``(III) Results.--Quantifiable
safety, mobility, and environmental
benefit projections such as data-driven
estimates of how the project will
improve the region's transportation
system efficiency and reduce traffic
congestion.
``(IV) Partnerships.--A plan for
partnering with the private sector or
public agencies, including multimodal
and multijurisdictional entities,
research institutions, organizations
representing transportation and
technology leaders, or other
transportation stakeholders.
``(V) Leveraging.--A plan to
leverage and optimize existing local
and regional advanced transportation
technology investments.
``(D) Grant selection.--
``(i) Grant awards.--Not later than 1 year
after the date of enactment of this paragraph,
and for every fiscal year thereafter, the
Secretary shall award grants to not less than 5
and not more than 8 eligible entities.
``(ii) Geographic diversity.--In awarding a
grant under this paragraph, the Secretary shall
ensure, to the extent practicable, that grant
recipients represent diverse geographic areas
of the United States.
``(E) Use of grant funds.--A grant recipient may
use funds awarded under this paragraph to deploy
advanced transportation and congestion management
technologies, including--
``(i) advanced traveler information
systems;
``(ii) advanced transportation management
technologies;
``(iii) infrastructure maintenance,
monitoring, and condition assessment;
``(iv) advanced public transportation
systems;
``(v) transportation system performance
data collection, analysis, and dissemination
systems;
``(vi) advanced safety systems, including
vehicle-to-vehicle and vehicle-to-
infrastructure communications, technologies
associated with autonomous vehicles, and other
collision avoidance technologies, including
systems using cellular technology;
``(vii) integration of intelligent
transportation systems with the Smart Grid and
other energy distribution and charging systems;
``(viii) electronic pricing and payment
systems; or
``(ix) advanced mobility and access
technologies, such as dynamic ridesharing and
information systems to support human services
for elderly and disabled individuals.
``(F) Report to secretary.--Not later than 1 year
after an eligible entity receives a grant under this
paragraph, and each year thereafter, the entity shall
submit a report to the Secretary that describes--
``(i) deployment and operational costs of
the project compared to the benefits and
savings the project provides; and
``(ii) how the project has met the original
expectations projected in the deployment plan
submitted with the application, such as--
``(I) data on how the project has
helped reduce traffic crashes,
congestion, costs, and other benefits
of the deployed systems;
``(II) data on the effect of
measuring and improving transportation
system performance through the
deployment of advanced technologies;
``(III) the effectiveness of
providing real-time integrated traffic,
transit, and multimodal transportation
information to the public to make
informed travel decisions; and
``(IV) lessons learned and
recommendations for future deployment
strategies to optimize transportation
efficiency and multimodal system
performance.
``(G) Report.--Not later than 3 years after the
date that the first grant is awarded under this
paragraph, and each year thereafter, the Secretary
shall make available to the public on an Internet Web
site a report that describes the effectiveness of grant
recipients in meeting their projected deployment plans,
including data provided under subparagraph (F) on how
the program has--
``(i) reduced traffic-related fatalities
and injuries;
``(ii) reduced traffic congestion and
improved travel time reliability;
``(iii) reduced transportation-related
emissions;
``(iv) optimized multimodal system
performance;
``(v) improved access to transportation
alternatives;
``(vi) provided the public with access to
real-time integrated traffic, transit, and
multimodal transportation information to make
informed travel decisions;
``(vii) provided cost savings to
transportation agencies, businesses, and the
traveling public; or
``(viii) provided other benefits to
transportation users and the general public.
``(H) Additional grants.--The Secretary may cease
to provide additional grant funds to a recipient of a
grant under this paragraph if--
``(i) the Secretary determines from such
recipient's report that the recipient is not
carrying out the requirements of the grant; and
``(ii) the Secretary provides written
notice 60 days prior to withholding funds to
the Committee on Transportation and
Infrastructure of the House of Representatives
and the Committee on Environment and Public
Works of the Senate.
``(I) Funding.--
``(i) In general.--From funds made
available to carry out section 503(b), this
subsection, and sections 512 through 518, the
Secretary shall set aside for grants awarded
under subparagraph (D) $75,000,000 for each of
fiscal years 2016 through 2021.
``(ii) Expenses for the secretary.--Of the
amounts set aside under clause (i), the
Secretary may set aside $2,000,000 each fiscal
year for program reporting, evaluation, and
administrative costs related to this paragraph.
``(J) Federal share.--The Federal share of the cost
of a project for which a grant is awarded under this
subsection shall not exceed 50 percent of the cost of
the project.
``(K) Grant limitation.--The Secretary may not
award more than 20 percent of the amount described
under subparagraph (I) in a fiscal year to a single
grant recipient.
``(L) Expenses for grant recipients.--A grant
recipient under this paragraph may use not more than 5
percent of the funds awarded each fiscal year to carry
out planning and reporting requirements.
``(M) Grant flexibility.--
``(i) In general.--If, by August 1 of each
fiscal year, the Secretary determines that
there are not enough grant applications that
meet the requirements described in subparagraph
(C) to carry out this section for a fiscal
year, the Secretary shall transfer to the
programs specified in clause (ii)--
``(I) any of the funds reserved for
the fiscal year under subparagraph (I)
that the Secretary has not yet awarded
under this paragraph; and
``(II) an amount of obligation
limitation equal to the amount of funds
that the Secretary transfers under
subclause (I).
``(ii) Programs.--The programs referred to
in clause (i) are--
``(I) the program under section
503(b);
``(II) the program under section
503(c); and
``(III) the programs under sections
512 through 518.
``(iii) Distribution.--Any transfer of
funds and obligation limitation under clause
(i) shall be divided among the programs
referred to in that clause in the same
proportions as the Secretary originally
reserved funding from the programs for the
fiscal year under subparagraph (I).
``(N) Definitions.--In this paragraph, the
following definitions apply:
``(i) Eligible entity.--The term `eligible
entity' means a State or local government, a
transit agency, metropolitan planning
organization representing a population of over
200,000, or other political subdivision of a
State or local government or a
multijurisdictional group or a consortia of
research institutions or academic institutions.
``(ii) Advanced and congestion management
transportation technologies.--The term
`advanced transportation and congestion
management technologies' means technologies
that improve the efficiency, safety, or state
of good repair of surface transportation
systems, including intelligent transportation
systems.
``(iii) Multijurisdictional group.--The
term `multijurisdictional group' means a any
combination of State governments, locals
governments, metropolitan planning agencies,
transit agencies, or other political
subdivisions of a State for which each member
of the group--
``(I) has signed a written
agreement to implement the advanced
transportation technologies deployment
initiative across jurisdictional
boundaries; and
``(II) is an eligible entity under
this paragraph.''.
SEC. 6004. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.
Section 503(c)(3) of title 23, United States Code, is amended--
(1) in subparagraph (C) by striking ``2013 through 2014''
and inserting ``2016 through 2021''; and
(2) by adding at the end the following:
``(D) Publication.--The Secretary shall make
available to the public on an Internet Web site on an
annual basis a report on the cost and benefits from
deployment of new technology and innovations that
substantially and directly resulted from the program
established under this paragraph. The report may
include an analysis of--
``(i) Federal, State, and local cost
savings;
``(ii) project delivery time improvements;
``(iii) reduced fatalities; and
``(iv) congestion impacts.''.
SEC. 6005. INTELLIGENT TRANSPORTATION SYSTEM GOALS.
Section 514(a) of title 23, United States Code, is amended--
(1) in paragraph (4) by striking ``and'' at the end;
(2) in paragraph (5) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) enhancement of the national freight system and
support to national freight policy goals by conducting heavy
duty vehicle demonstration activities and accelerating adoption
of intelligent transportation system applications in freight
operations.''.
SEC. 6006. INTELLIGENT TRANSPORTATION SYSTEM PROGRAM REPORT.
Section 515(h)(4) of title 23, United States Code, is amended--
(1) by striking ``February 1 of each year after the date of
enactment of the Transportation Research and Innovative
Technology Act of 2012'' and inserting ``May 1 of each year'';
and
(2) by striking ``submit to Congress'' and inserting ``make
available to the public on a Department of Transportation Web
site''.
SEC. 6007. INTELLIGENT TRANSPORTATION SYSTEM NATIONAL ARCHITECTURE AND
STANDARDS.
Section 517(a)(3) of title 23, United States Code, is amended by
striking ``memberships are comprised of, and represent,'' and inserting
``memberships include representatives of''.
SEC. 6008. COMMUNICATION SYSTEMS DEPLOYMENT REPORT.
Section 518(a) of title 23, United States Code, is amended by
striking ``Not later than 3'' and all that follows through ``House of
Representatives'' and inserting ``Not later than July 6, 2016, the
Secretary shall make available to the public on a Department of
Transportation Web site a report''.
SEC. 6009. INFRASTRUCTURE DEVELOPMENT.
(a) In General.--Chapter 5 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 519. Infrastructure development
``Funds made available to carry out this chapter for operational
tests--
``(1) shall be used primarily for the development of
intelligent transportation system infrastructure, equipment,
and systems; and
``(2) to the maximum extent practicable, shall not be used
for the construction of physical surface transportation
infrastructure unless the construction is incidental and
critically necessary to the implementation of an intelligent
transportation system project.''.
(b) Technical and Conforming Amendments.--
(1) Clerical amendment.--The analysis for chapter 5 of
title 23, United States Code, is amended by adding at the end
the following new item:
``519. Infrastructure development.''.
(2) Technical amendment.--The item relating to section 512
in the analysis for chapter 5 of title 23, United States Code,
is amended to read as follows:
``512. National ITS program plan.''.
SEC. 6010. DEPARTMENTAL RESEARCH PROGRAMS.
(a) Assistant Secretary for Research and Technology.--Section
102(e) of title 49, United States Code, is amended--
(1) in paragraph (1) by striking ``5'' and inserting ``6'';
and
(2) in paragraph (1)(A) by inserting ``an Assistant
Secretary for Research and Technology,'' after ``Governmental
Affairs,''.
(b) Research Activities.--Section 330 of title 49, United States
Code, is amended--
(1) in the section heading by striking ``contracts'' and
inserting ``activities'';
(2) in subsection (a) by striking ``The Secretary of'' and
inserting ``In General.--The Secretary of'';
(3) in subsection (b) by striking ``In carrying'' and
inserting ``Responsibilities.--In carrying'';
(4) in subsection (c) by striking ``The Secretary'' and
inserting ``Publications.--The Secretary''; and
(5) by adding at the end the following:
``(d) Duties.--The Secretary shall provide for the following:
``(1) Coordination, facilitation, and review of Department
of Transportation research and development programs and
activities.
``(2) Advancement, and research and development, of
innovative technologies, including intelligent transportation
systems.
``(3) Comprehensive transportation statistics research,
analysis, and reporting.
``(4) Education and training in transportation and
transportation-related fields.
``(5) Activities of the Volpe National Transportation
Systems Center.
``(6) Coordination in support of multimodal and
multidisciplinary research activities.
``(e) Additional Authorities.--The Secretary may--
``(1) enter into grants and cooperative agreements with
Federal agencies, State and local government agencies, other
public entities, private organizations, and other persons to
conduct research into transportation service and infrastructure
assurance and to carry out other research activities of the
Department of Transportation;
``(2) carry out, on a cost-shared basis, collaborative
research and development to encourage innovative solutions to
multimodal transportation problems and stimulate the deployment
of new technology 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; and
``(3) 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
Academies, 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.
``(f) Federal Share.--
``(1) In general.--Subject to paragraph (2), the Federal
share of the cost of an activity carried out under subsection
(e)(3) shall not exceed 50 percent.
``(2) Exception.--If the Secretary determines that the
activity is of substantial public interest or benefit, the
Secretary may approve a greater Federal share.
``(3) 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 subsection (e)(3).
``(g) Program Evaluation and Oversight.--For each of fiscal years
2016 through 2021, the Secretary is authorized to expend not more than
1 and a half percent of the amounts authorized to be appropriated for
the coordination, evaluation, and oversight of the programs
administered by the Office of the Assistant Secretary for Research and
Technology.
``(h) 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
section, 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.).
``(i) Waiver of Advertising Requirements.--Section 6101 of title 41
shall not apply to a contract, grant, or other agreement entered into
under this section.''.
(c) Clerical Amendment.--The item relating to section 330 in the
analysis of chapter 3 of title 49, United States Code, is amended to
read as follows:
``330. Research activities.''.
(d) Technical and Conforming Amendments.--
(1) Title 5 amendments.--
(A) Positions at level ii.--Section 5313 of title
5, United States Code, is amended by striking ``The
Under Secretary of Transportation for Security.''.
(B) Positions at level iv.--Section 5315 of title
5, United States Code, is amended in the undesignated
item relating to Assistant Secretaries of
Transportation by striking ``(4)'' and inserting
``(5)''.
(C) Positions at level v.--Section 5316 of title 5,
United States Code, is amended by striking ``Associate
Deputy Secretary, Department of Transportation.''.
(2) Bureau of transportation statistics.--Section 6302(a)
of title 49, United States Code, is amended to read as follows:
``(a) In General.--There shall be within the Department of
Transportation the Bureau of Transportation Statistics.''.
SEC. 6011. RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION.
(a) Repeal.--Section 112 of title 49, United States Code, is
repealed.
(b) Clerical Amendment.--The analysis for chapter 1 of title 49,
United States Code, is amended by striking the item relating to section
112.
SEC. 6012. OFFICE OF INTERMODALISM.
(a) Repeal.--Section 5503 of title 49, United States Code, is
repealed.
(b) Clerical Amendment.--The analysis for chapter 55 of title 49,
United States Code, is amended by striking the item relating to section
5503.
SEC. 6013. UNIVERSITY TRANSPORTATION CENTERS.
Section 5505 of title 49, United States Code, is amended to read as
follows:
``Sec. 5505. University transportation centers program
``(a) University Transportation Centers Program.--
``(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 consortium of nonprofit institutions 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) Limitation.--A lead institution of a
consortium of nonprofit institutions of higher
education, as applicable, may only submit 1 grant
application per fiscal year for each of the
transportation centers described under paragraphs (2),
(3), and (4) of subsection (c).
``(B) Exception for consortium members that are not
lead institutions.--Subparagraph (A) shall not apply to
a nonprofit institution of higher education that is a
member of a consortium of nonprofit institutions of
higher education but not the lead institution of such
consortium.
``(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
with the Assistant Secretary for Research and
Technology and the Administrator of the Federal Highway
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;
``(v) the demonstrated commitment of the
recipient to carry out transportation workforce
development programs through--
``(I) degree-granting programs or
programs that provide other industry-
recognized credentials; and
``(II) outreach activities to
attract new entrants into the
transportation field, including women
and underrepresented populations;
``(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 Research
Council of the National Academies to evaluate and competitively
review all proposals.
``(c) Grants.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary, Assistant Secretary
for Research and Technology, and the Administrator of the
Federal Highway 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 consortia that the
Secretary determines best meet the criteria described
in subsection (b)(4).
``(B) Restrictions.--
``(i) In general.--For each fiscal year, a
grant made available under this paragraph shall
be not greater than $4,000,000 and not less
than $2,000,000 per recipient.
``(ii) Focused research.--A consortium
receiving a grant under this paragraph shall
focus research on 1 of the transportation issue
areas specified in section 508(a)(2) of title
23.
``(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--
``(I) section 504(b) of title 23;
or
``(II) section 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 consortia on the basis of--
``(i) the criteria described in subsection
(b)(4);
``(ii) the location of the lead center
within the Federal region to be served; and
``(iii) whether the consortium of
institutions demonstrates that the consortium
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 not
greater than $3,000,000 and not less than $1,500,000
per 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 clause (i) may include amounts
made available to the recipient under--
``(I) section 504(b) of title 23;
or
``(II) section 505 of title 23.
``(E) Focused research.--The Secretary shall make a
grant to 1 of the 10 regional university transportation
centers established under this paragraph for the
purpose of furthering the objectives described in
subsection (a)(2) in the field of comprehensive
transportation safety, congestion, connected vehicles,
connected infrastructure, and autonomous vehicles.
``(4) Tier 1 university transportation centers.--
``(A) In general.--The Secretary shall provide
grants of not greater than $2,000,000 and not less than
$1,000,000 to not more than 20 recipients to carry out
this paragraph.
``(B) Matching requirement.--
``(i) In general.--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--
``(I) section 504(b) of title 23;
or
``(II) section 505 of title 23.
``(C) Focused research.--In awarding grants under
this section, 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 a publicly
accessible online 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 2016 through 2021, the Secretary shall expend not more
than 1 and a half 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 authorized.
``(f) Information Collection.--Any survey, questionnaire, or
interview that the Secretary determines to be necessary to carry 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.''.
SEC. 6014. BUREAU OF TRANSPORTATION STATISTICS.
(a) Bureau of Transportation Statistics.--Section 6302(b)(3)(B) of
title 49, United States Code, is amended--
(1) in clause (vi)(III) by striking ``section 6310'' and
inserting ``section 6309'';
(2) by redesignating clauses (vii), (viii), (ix), and (x)
as clauses (x), (xi), (xii), and (xiii), respectively; and
(3) by inserting after clause (vi) the following:
``(vii) develop and improve transportation
economic accounts to meet demand for methods
for estimating the economic value of
transportation infrastructure, investment, and
services;
``(viii) not be required to obtain the
approval of any other officer or employee of
the Department in connection with the
collection or analysis of any information;
``(ix) not be required, prior to
publication, to obtain the approval of any
other officer or employee of the Federal
Government with respect to the substance of any
statistical technical reports or press releases
that the Director has prepared in accordance
with the law;''.
(b) Technical Amendment.--Section 6311(5) of title 49, United
States Code, is amended by striking ``section 6310'' and inserting
``section 6309''.
SEC. 6015. SURFACE TRANSPORTATION SYSTEM FUNDING ALTERNATIVES.
(a) In General.--The Secretary shall establish a program to provide
grants to States to demonstrate user-based alternative revenue
mechanisms that utilize a user fee structure to maintain the long-term
solvency of the Highway Trust Fund.
(b) Application.--To be eligible for a grant under this section, a
State or group of States shall submit to the Secretary an application
in such form and containing such information as the Secretary may
require.
(c) Objectives.--The Secretary shall ensure that the activities
carried out using funds provided under this section meet the following
objectives:
(1) To test the design, acceptance, and implementation of 2
or more future user-based alternative revenue mechanisms.
(2) To improve the functionality of such user-based
alternative revenue mechanisms.
(3) To conduct outreach to increase public awareness
regarding the need for alternative funding sources for surface
transportation programs and to provide information on possible
approaches.
(4) To provide recommendations regarding adoption and
implementation of user-based alternative revenue mechanisms.
(5) To minimize the administrative cost of any potential
user-based alternative revenue mechanisms.
(d) Use of Funds.--A State or group of States receiving funds under
this section to test the design, acceptance, and implementation of a
user-based alternative revenue mechanism--
(1) shall address--
(A) the implementation, interoperability, public
acceptance, and other potential hurdles to the adoption
of the user-based alternative revenue mechanism;
(B) the protection of personal privacy;
(C) the use of independent and private third-party
vendors to collect fees and operate the user-based
alternative revenue mechanism;
(D) market-based congestion mitigation, if
appropriate;
(E) equity concerns, including the impacts of the
user-based alternative revenue mechanism on differing
income groups, various geographic areas, and the
relative burdens on rural and urban drivers;
(F) ease of compliance for different users of the
transportation system; and
(G) the reliability and security of technology used
to implement the user-based alternative revenue
mechanism; and
(2) may address--
(A) the flexibility and choices of user-based
alternative revenue mechanisms, including the ability
of users to select from various technology and payment
options;
(B) the cost of administering the user-based
alternative revenue mechanism; and
(C) the ability of the administering entity to
audit and enforce user compliance.
(e) Consideration.--The Secretary shall consider geographic
diversity in awarding grants under this section.
(f) Limitations on Revenue Collected.--Any revenue collected
through a user-based alternative revenue mechanism established using
funds provided under this section shall not be considered a toll under
section 301 of title 23, United States Code.
(g) Federal Share.--The Federal share of the cost of an activity
carried out under this section may not exceed 50 percent of the total
cost of the activity.
(h) Report to Secretary.--Not later than 1 year after the date on
which the first eligible entity receives a grant under this section,
and each year thereafter, each recipient of a grant under this section
shall submit to the Secretary a report that describes--
(1) how the demonstration activities carried out with grant
funds meet the objectives described in subsection (c); and
(2) lessons learned for future deployment of alternative
revenue mechanisms that utilize a user fee structure.
(i) Biennial Reports.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter until the
completion of the demonstration activities under this section, the
Secretary shall make available to the public on an Internet Web site a
report describing the progress of the demonstration activities.
(j) Funding.--Of the funds authorized to carry out section 503(b)
of title 23, United States Code--
(1) $15,000,000 shall be used to carry out this section for
fiscal year 2016; and
(2) $20,000,000 shall be used to carry out this section for
each of fiscal years 2017 through 2021.
(k) Grant Flexibility.--If, by August 1 of each fiscal year, the
Secretary determines that there are not enough grant applications that
meet the requirements of this section for a fiscal year, Secretary
shall transfer to the program under section 503(b) of title 23, United
States Code--
(1) any of the funds reserved for the fiscal year under
subsection (j) that the Secretary has not yet awarded under
this section; and
(2) an amount of obligation limitation equal to the amount
of funds that the Secretary transfers under paragraph (1).
SEC. 6016. FUTURE INTERSTATE STUDY.
(a) Future Interstate System Study.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall enter into an
agreement with the Transportation Research Board of the National
Academies to conduct a study on the actions needed to upgrade and
restore the Dwight D. Eisenhower National System of Interstate and
Defense Highways to its role as a premier system that meets the growing
and shifting demands of the 21st century.
(b) Methodologies.--In conducting the study, the Transportation
Research Board shall build on the methodologies examined and
recommended in the report prepared for the American Association of
State Highway and Transportation Officials titled ``National
Cooperative Highway Research Program Project 20-24(79): Specifications
for a National Study of the Future 3R, 4R, and Capacity Needs of the
Interstate System'', dated December 2013.
(c) Contents of Study.--The study--
(1) shall include specific recommendations regarding the
features, standards, capacity needs, application of
technologies, and intergovernmental roles to upgrade the
Interstate System, including any revisions to law (including
regulations) that the Transportation Research Board determines
appropriate; and
(2) is encouraged to build on the institutional knowledge
in the highway industry in applying the techniques involved in
implementing the study.
(d) Considerations.--In carrying out the study, the Transportation
Research Board shall determine the need for reconstruction and
improvement of the Interstate System by considering--
(1) future demands on transportation infrastructure
determined for national planning purposes, including commercial
and private traffic flows to serve future economic activity and
growth;
(2) the expected condition of the current Interstate System
over the period of 50 years beginning on the date of enactment
of this Act, including long-term deterioration and
reconstruction needs;
(3) features that would take advantage of technological
capabilities to address modern standards of construction,
maintenance, and operations, for purposes of safety, and system
management, taking into further consideration system
performance and cost; and
(4) the resources necessary to maintain and improve the
Interstate System.
(e) Consultation.--In carrying out the study, the Transportation
Research Board--
(1) shall convene and consult with a panel of national
experts, including operators and users of the Interstate System
and private sector stakeholders; and
(2) is encouraged to consult with--
(A) the Federal Highway Administration;
(B) States;
(C) planning agencies at the metropolitan, State,
and regional levels;
(D) the motor carrier industry;
(E) freight shippers;
(F) highway safety groups; and
(G) other appropriate entities.
(f) Report.--Not later than 3 years after the date of enactment of
this Act, the Transportation Research Board shall make available to the
public on an Internet Web site the results of the study conducted under
this section.
(g) Funding.--From funds made available to carry out section 503(b)
of title 23, United States Code, the Secretary may use to carry out
this section up to $5,000,000 for fiscal year 2016.
SEC. 6017. HIGHWAY EFFICIENCY.
(a) Study.--
(1) In general.--The Assistant Secretary of Transportation
for Research and Technology may examine the impact of pavement
durability and sustainability on vehicle fuel consumption,
vehicle wear and tear, road conditions, and road repairs.
(2) Methodology.--In carrying out the study, the Assistant
Secretary shall--
(A) conduct a thorough review of relevant peer-
reviewed research published during at least the past 5
years;
(B) analyze impacts of different types of pavement
on all motor vehicle types, including commercial
vehicles;
(C) specifically examine the impact of pavement
deformation and deflection; and
(D) analyze impacts of different types of pavement
on road conditions and road repairs.
(3) Consultation.--In carrying out the study, the Assistant
Secretary shall consult with--
(A) experts from the different modal
administrations of the Department and from other
Federal agencies, including the National Institute of
Standards and Technology;
(B) State departments of transportation;
(C) local government engineers and public works
professionals;
(D) industry stakeholders; and
(E) appropriate academic experts active in the
field.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Assistant Secretary shall publish on
a public Web site the results of the study.
(2) Contents.--The report shall include--
(A) a summary of the different types of pavements
analyzed in the study and the impacts of pavement
durability and sustainability on vehicle fuel
consumption, vehicle wear and tear, road conditions,
and road repairs; and
(B) recommendations for State and local governments
on best practice methods for improving pavement
durability and sustainability to maximize vehicle fuel
economy, ride quality, and road conditions and to
minimize the need for road and vehicle repairs.
SEC. 6018. MOTORCYCLE SAFETY.
(a) Study.--The Assistant Secretary for Research and Technology of
the Department of Transportation may enter into an agreement, within 45
days after the date of enactment of this Act, with the National Academy
of Sciences to conduct a study on the most effective means of
preventing motorcycle crashes.
(b) Publication.--The Assistant Secretary may make available the
findings on a public Web site within 30 days after receiving the
results of the study from the National Academy of Sciences.
SEC. 6019. HAZARDOUS MATERIALS RESEARCH AND DEVELOPMENT.
Section 5118 of title 49, United States Code, is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A) by striking ``and'' at the
end;
(B) in subparagraph (B) by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) coordinate, as appropriate, with other
Federal agencies.''; and
(2) by adding at the end the following new subsection:
``(c) Cooperative Research.--
``(1) In general.--As part of the program established in
subsection (a), the Secretary may carry out cooperative
research on hazardous materials transport.
``(2) National academies.--The Secretary may enter into an
agreement with the National Academies to support such research.
``(3) Research.--Research conducted under this subsection
may include activities related to--
``(A) emergency planning and response, including
information and programs that can be readily assessed
and implemented in local jurisdictions;
``(B) risk analysis and perception and data
assessment;
``(C) commodity flow data, including voluntary
collaboration between shippers and first responders for
secure data exchange of critical information;
``(D) integration of safety and security;
``(E) cargo packaging and handling;
``(F) hazmat release consequences; and
``(G) materials and equipment testing.''.
SEC. 6020. WEB-BASED TRAINING FOR EMERGENCY RESPONDERS.
Section 5115(a) of title 49, United States Code, is amended by
inserting ``, including online curriculum as appropriate,'' after ``a
current curriculum of courses''.
SEC. 6021. TRANSPORTATION TECHNOLOGY POLICY WORKING GROUP.
To improve the scientific pursuit and research procedures
concerning transportation, the Assistant Secretary for Research and
Technology may convene an interagency working group to--
(1) develop within 1 year after the date of enactment of
this Act a national transportation research framework;
(2) identify opportunities for coordination between the
Department and universities and the private sector, and
prioritize these opportunities;
(3) identify and develop a plan to implement best practices
for moving transportation research results out of the
laboratory and into application; and
(4) identify and develop a plan to address related
workforce development needs.
SEC. 6022. COLLABORATION AND SUPPORT.
The Secretary may solicit the support of, and identify
opportunities to collaborate with, other Federal research agencies and
national laboratories to assist in the effective and efficient pursuit
and resolution of research challenges identified by the Secretary.
SEC. 6023. PRIZE COMPETITIONS.
Section 502(b)(7) of title 23, United States Code, is amended--
(1) in subparagraph (D)--
(A) by inserting ``(such as www.challenge.gov)''
after ``public website'';
(B) by redesignating clauses (iii) and (iv) as
clauses (iv) and (v), respectively;
(C) by inserting after clause (ii) the following:
``(iii) the process for participants to
register for the competition;''; and
(D) in clause (iv) (as redesignated by subparagraph
(B)) by striking ``prize'' and inserting ``cash prize
purse'';
(2) in subparagraph (E) by striking ``prize'' both places
it appears and inserting ``cash prize purse'';
(3) by redesignating subparagraphs (F) through (K) as
subparagraphs (G) through (L), respectively;
(4) by inserting after subparagraph (E) the following:
``(F) Use of federal facilities; consultation with
federal employees.--An individual or entity is not
ineligible to receive a cash prize purse under this
paragraph as a result of the individual or entity using
a Federal facility or consulting with a Federal
employee related to the individual or entity's
participation in a prize competition under this
paragraph unless the same facility or employee is made
available to all individuals and entities participating
in the prize competition on an equitable basis.'';
(5) in subparagraph (G) (as redesignated by paragraph (3)
of this section)--
(A) in clause (i)(I) by striking ``competition''
and inserting ``prize competition under this
paragraph'';
(B) in clause (ii)(I)--
(i) by striking ``participation in a
competition'' and inserting ``participation in
a prize competition under this paragraph''; and
(ii) by striking ``competition activities''
and inserting ``prize competition activities'';
and
(C) by adding at the end the following:
``(iii) Intellectual property.--
``(I) Prohibition on requiring
waiver.--The Secretary may not require
a participant to waive claims against
the Department arising out of the
unauthorized use or disclosure by the
Department of the intellectual
property, trade secrets, or
confidential business information of
the participant.
``(II) Prohibition on government
acquisition of intellectual property
rights.--The Federal Government may not
gain an interest in intellectual
property developed by a participant for
a prize competition under this
paragraph without the written consent
of the participant.
``(III) Licenses.--The Federal
Government may negotiate a license for
the use of intellectual property
developed by a participant for a prize
competition under this paragraph.'';
(6) in subparagraph (H)(i) (as redesignated by paragraph
(3) of this section) by striking ``subparagraph (H)'' and
inserting ``subparagraph (I)'';
(7) in subparagraph (I) (as redesignated by paragraph (3)
of this section) by striking ``an agreement with a private,
nonprofit entity'' and inserting ``a grant, contract,
cooperative agreement, or other agreement with a private sector
for-profit or nonprofit entity'';
(8) in subparagraph (J) (as redesignated by paragraph (3)
of this section)--
(A) in clause (i)--
(i) in subclause (I) by striking ``the
private sector'' and inserting ``private sector
for-profit and nonprofit entities, to be
available to the extent provided by
appropriations Acts'';
(ii) in subclause (II) by striking ``and
metropolitan planning organizations'' and
inserting ``metropolitan planning
organizations, and private sector for-profit
and nonprofit entities''; and
(iii) in subclause (III) by inserting
``for-profit or nonprofit'' after ``private
sector'';
(B) in clause (ii) by striking ``prize awards'' and
inserting ``cash prize purses'';
(C) in clause (iv)--
(i) by inserting ``competition'' after ``A
prize''; and
(ii) by striking ``the prize'' and
inserting ``the cash prize purse'';
(D) in clause (v)--
(i) by striking ``amount of a prize'' and
inserting ``amount of a cash prize purse'';
(ii) by inserting ``competition'' after
``announcement of the prize''; and
(iii) in subclause (I) by inserting
``competition'' after ``prize'';
(E) in clause (vi) by striking ``offer a prize''
and inserting ``offer a cash prize purse''; and
(F) in clause (vii) by striking ``cash prizes'' and
inserting ``cash prize purses'';
(9) in subparagraph (K) (as redesignated by paragraph (3)
of this section) by striking ``or providing a prize'' and
inserting ``a prize competition or providing a cash prize
purse''; and
(10) in subparagraph (L)(ii) (as redesignated by paragraph
(3) of this section)--
(A) in subclause (I) by striking ``The Secretary''
and inserting ``Not later than March 1 of each year,
the Secretary''; and
(B) in subclause (II)--
(i) in item (cc) by striking ``cash
prizes'' both places it appears and inserting
``cash prize purses''; and
(ii) in item (ee) by striking ``agency''
and inserting ``Department''.
SEC. 6024. GAO REPORT.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall make available to the
public a report that--
(1) assesses the status of autonomous transportation
technology policy developed by public entities in the United
States;
(2) assesses the organizational readiness of the Department
to address autonomous vehicle technology challenges, including
consumer privacy protections; and
(3) recommends implementation paths for autonomous
transportation technology, applications, and policies that are
based on the assessment described in paragraph (2).
SEC. 6025. INTELLIGENT TRANSPORTATION SYSTEM PURPOSES.
Section 514(b) of title 23, United States Code, is amended--
(1) in paragraph (8) by striking ``and'' at the end;
(2) in paragraph (9) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) to assist in the development of cybersecurity
standards in cooperation with relevant modal administrations of
the Department of Transportation and other Federal agencies to
help prevent hacking, spoofing, and disruption of connected and
automated transportation vehicles.''.
SEC. 6026. INFRASTRUCTURE INTEGRITY.
Section 503(b)(3)(C) of title 23, United States Code, is amended--
(1) in clause (xviii) by striking ``and'' at the end;
(2) in clause (xix) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(xx) corrosion prevention measures for
the structural integrity of bridges.''.
SEC. 6027. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR STRATEGIC
PLAN.
(a) In General.--The Secretary shall develop a 5-year
transportation research and development strategic plan for fiscal years
2018 through 2022 to guide future Federal transportation research and
development activities.
(b) Consistency.--The strategic plan developed under subsection (a)
shall be consistent with--
(1) section 306 of title 5, United States Code;
(2) sections 1115 and 1116 of title 31, United States Code;
(3) section 508 of title 23, United States Code; and
(4) any other research and development plan within the
Department.
(c) Contents.--The strategic plan developed under subsection (a)
shall--
(1) describe the primary purposes of the transportation
research and development program;
(2) list the proposed research and development activities
that the Department intends to pursue to accomplish under the
strategic plan, which may include--
(A) fundamental research pertaining to the applied
physical and natural sciences;
(B) applied science and research;
(C) technology development research; and
(D) social science research; and
(3) for each research and development activity--
(A) identify the anticipated annual funding levels
for the period covered by the strategic plan; and
(B) describe the research findings the Department
expects to discover at the end of the period covered by
the strategic plan.
(d) Considerations.--The Secretary shall ensure that the strategic
plan developed under this section--
(1) reflects input from external stakeholders;
(2) includes and integrates the research and development
programs of all of the Department's modal administrations and
joint programs;
(3) takes into account research and development by other
Federal, State, local, private sector, and nonprofit
institutions; and
(4) is published on a public website by December 31, 2016.
(e) Report.--
(1) National research council review.--The Secretary shall
enter into an agreement with the National Research Council for
a review and analysis of the Department's 5-year research and
development strategic plan described in this section. By March
31, 2017, the Secretary shall publish on a public website the
National Research Council's analysis of the Department's plan.
(2) Interim report.--By June 30, 2019, the Secretary shall
publish on a public website an interim report that--
(A) provides an assessment of the Department's 5-
year research and development strategic plan described
in this section that includes a description of the
extent to which the research and development is or is
not successfully meeting the purposes described under
subsection (c)(1); and
(B) addresses any concerns and identifies any gaps
that may have been raised by the National Research
Council analysis under paragraph (1), including how the
plan is or is not responsive to the National Research
Council review.
SEC. 6028. TRAFFIC CONGESTION.
(a) Congestion Research.--The Assistant Secretary may conduct
research on the reduction of traffic congestion.
(b) Consideration.--The Assistant Secretary shall--
(1) recommend research to accelerate the adoption of
transportation management systems that allow traffic to flow in
the safest and most efficient manner possible while alleviating
current and future traffic congestion challenges;
(2) assess and analyze traffic, transit, and freight data
from various sources relevant to efforts to reduce traffic
congestion so as to maximize mobility, efficiency, and capacity
while decreasing congestion and travel times;
(3) examine the use and integration of multiple data types
from multiple sources and technologies, including road weather
data, private vehicle (including Global Positioning System)
data, arterial and highway traffic conditions, transit vehicle
arrival and departure times, real time navigation routing,
construction zone information, and reports of incidents, to
suggest improvements in effective communication of such data
and information in real time;
(4) develop and disseminate suggested strategies and
solutions to reduce congestion for high-density traffic regions
and to provide mobility in the event of an emergency or natural
disaster; and
(5) collaborate with other relevant Federal agencies, State
and local agencies, industry and industry associations, and
university research centers to fulfill goals and objectives
under this section.
(c) Identifying Information.--The Assistant Secretary shall ensure
that information used pursuant to this section does not contain
identifying information of any individual.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Assistant Secretary shall make available on a public
website a report on its activities under this section.
SEC. 6029. RAIL SAFETY.
Not later than 1 year after the date of enactment of this Act, the
Assistant Secretary of Transportation for Research and Technology may
transmit to Congress a report containing--
(1) the results of a study to examine the state of rail
safety technologies and an analysis of whether the passenger,
commuter, and transit rail transportation industries are
keeping up with innovations in technologies to make rail cars
safer for passengers and transport of commerce; and
(2) a determination of how much additional time and public
and private resources will be required for railroad carriers to
meet the positive train control system implementation
requirements under section 20157 of title 49, United States
Code.
SEC. 6030. STUDY AND REPORT ON REDUCING THE AMOUNT OF VEHICLES OWNED BY
CERTAIN FEDERAL DEPARTMENTS AND INCREASING THE USE OF
COMMERCIAL RIDE-SHARING BY THOSE DEPARTMENTS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the feasibility of--
(1) reducing the amount of vehicles owned by a covered
department; and
(2) increasing the use of commercial ride-sharing companies
by a covered department.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report that contains the results and conclusions of the
study conducted under subsection (a).
(c) Covered Department Defined.--In this section, the term
``covered department'' means each of the following:
(1) The Department of Agriculture.
(2) The Department of the Interior.
(3) The Department of Energy.
TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION
SEC. 7001. SHORT TITLE.
This title may be cited as the ``Hazardous Materials Transportation
Safety Improvement Act of 2015''.
SEC. 7002. AUTHORIZATION OF APPROPRIATIONS.
Section 5128 of title 49, United States Code, is amended to read as
follows:
``Sec. 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) $53,000,000 for fiscal year 2016;
``(2) $55,000,000 for fiscal year 2017;
``(3) $57,000,000 for fiscal year 2018;
``(4) $58,000,000 for fiscal year 2019;
``(5) $60,000,000 for fiscal year 2020; and
``(6) $62,000,000 for fiscal year 2021.
``(b) Hazardous Materials Emergency Preparedness Fund.--From the
Hazardous Materials Emergency Preparedness Fund established under
section 5116(h), the Secretary may expend, for each of fiscal years
2016 through 2021--
``(1) $21,988,000 to carry out section 5116(a);
``(2) $150,000 to carry out section 5116(e);
``(3) $625,000 to publish and distribute the Emergency
Response Guidebook under section 5116(h)(3); and
``(4) $1,000,000 to carry out section 5116(i).
``(c) Hazardous Materials Training Grants.--From the Hazardous
Materials Emergency Preparedness Fund established pursuant to section
5116(h), the Secretary may expend $5,000,000 for each of fiscal years
2016 through 2021 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, Indian tribe, authority, or
entity.
``(2) Availability of amounts.--Amounts made available
under this section shall remain available until expended.''.
SEC. 7003. NATIONAL EMERGENCY AND DISASTER RESPONSE.
Section 5103 of title 49, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Federally Declared Disasters and Emergencies.--
``(1) In general.--The Secretary may by order waive
compliance with any part of an applicable standard prescribed
under this chapter without prior notice and comment and on
terms the Secretary considers appropriate if the Secretary
determines that--
``(A) it is in the public interest to grant the
waiver;
``(B) the waiver is not inconsistent with the
safety of transporting hazardous materials; and
``(C) the waiver is necessary to facilitate the
safe movement of hazardous materials into, from, and
within an area of a major disaster or emergency that
has been declared under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.).
``(2) Period of waiver.--A waiver under this subsection may
be issued for a period of not more than 60 days and may be
renewed upon application to the Secretary only after notice and
an opportunity for a hearing on the waiver. The Secretary shall
immediately revoke the waiver if continuation of the waiver
would not be consistent with the goals and objectives of this
chapter.
``(3) Statement of reasons.--The Secretary shall include in
any order issued under this section the reason for granting the
waiver.''.
SEC. 7004. ENHANCED REPORTING.
Section 5121(h) of title 49, United States Code, is amended by
striking ``transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate'' and inserting
``make available to the public on the Department of Transportation's
Internet Web site''.
SEC. 7005. WETLINES.
(a) Withdrawal.--Not later than 30 days after the date of enactment
of this Act, the Secretary shall withdraw the proposed rule described
in the notice of proposed rulemaking issued on January 27, 2011,
entitled ``Safety Requirements for External Product Piping on Cargo
Tanks Transporting Flammable Liquids'' (76 Fed. Reg. 4847).
(b) Savings Clause.--Nothing in this section shall prohibit the
Secretary from issuing standards or regulations regarding the safety of
external product piping on cargo tanks transporting flammable liquids
after the withdrawal is carried out pursuant to subsection (a).
SEC. 7006. IMPROVING PUBLICATION OF SPECIAL PERMITS AND APPROVALS.
Section 5117 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) by striking ``an application for a special
permit'' and inserting ``an application for a new
special permit or a modification to an existing special
permit''; and
(B) by inserting after the first sentence the
following: ``The Secretary shall make available to the
public on the Department of Transportation's Internet
Web site any special permit other than a new special
permit or a modification to an existing special permit
and shall give the public an opportunity to inspect the
safety analysis and comment on the application for a
period of not more than 15 days.''; and
(2) in subsection (c)--
(A) by striking ``publish'' and inserting ``make
available to the public'';
(B) by striking ``in the Federal Register'';
(C) by striking ``180'' and inserting ``120''; and
(D) by striking ``the special permit'' each place
it appears and inserting ``a special permit or
approval''; and
(3) by adding at the end the following:
``(g) Disclosure of Final Action.--The Secretary shall
periodically, but at least every 120 days--
``(1) publish in the Federal Register notice of the final
disposition of each application for a new special permit,
modification to an existing special permit, or approval during
the preceding quarter; and
``(2) make available to the public on the Department of
Transportation's Internet Web site notice of the final
disposition of any other special permit during the preceding
quarter.''.
SEC. 7007. GAO STUDY ON ACCEPTANCE OF CLASSIFICATION EXAMINATIONS.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Comptroller General of the United States
shall evaluate and transmit to the Secretary, the Committee on
Transportation and Infrastructure of the House of Representatives, and
the Committee on Commerce, Science, and Transportation of the Senate, a
report on the standards, metrics, and protocols that the Secretary uses
to regulate the performance of persons approved to recommend hazard
classifications pursuant to section 173.56(b) of title, 49, Code of
Federal Regulations (commonly referred to as ``third-party labs'').
(b) Evaluation.--The evaluation required under subsection (a)
shall--
(1) identify what standards and protocols are used to
approve such persons, assess the adequacy of such standards and
protocols to ensure that persons seeking approval are qualified
and capable of performing classifications, and make
recommendations to address any deficiencies identified;
(2) assess the adequacy of the Secretary's oversight of
persons approved to perform the classifications, including the
qualification of individuals engaged in the oversight of
approved persons, and make recommendations to enhance oversight
sufficiently to ensure that classifications are issued as
required;
(3) identify what standards and protocols exist to rescind,
suspend, or deny approval of persons who perform such
classifications, assess the adequacy of such standards and
protocols, and make recommendations to enhance such standards
and protocols if necessary; and
(4) include annual data for fiscal years 2005 through 2015
on the number of applications received for new classifications
pursuant to section 173.56(b) of title 49, Code of Federal
Regulations, of those applications how many classifications
recommended by persons approved by the Secretary were changed
to another classification and the reasons for the change, and
how many hazardous materials incidents have been attributed to
a classification recommended by such approved persons in the
United States.
(c) Action Plan.--Not later than 120 days after receiving the
report required under subsection (a), the Secretary shall make
available to the public a plan describing any actions the Secretary
will take to establish standards, metrics, and protocols based on the
findings and recommendations in the report to ensure that persons
approved to perform classification examinations required under section
173.56(b) of title 49, Code of Federal Regulations, can sufficiently
perform such examinations in a manner that meets the hazardous
materials regulations.
(d) Regulations.--If the report required under subsection (a)
recommends new regulations in order for the Secretary to have
confidence in the accuracy of classification recommendations rendered
by persons approved to perform classification examinations required
under section 173.56(b) of title 49, Code of Federal Regulations, the
Secretary shall issue such regulations not later than 24 months after
the date of enactment of this Act.
SEC. 7008. IMPROVING THE EFFECTIVENESS OF PLANNING AND TRAINING GRANTS.
(a) Planning and Training Grants.--Section 5116 of title 49, United
States Code, is amended--
(1) by redesignating subsections (c) through (k) as
subsections (b) through (j), respectively,
(2) by striking subsection (b); and
(3) by striking subsection (a) and inserting the following:
``(a) Planning and Training Grants.--(1) The Secretary shall make
grants to States and Indian tribes--
``(A) to develop, improve, and carry out emergency plans
under the Emergency Planning and Community Right-To-Know Act of
1986 (42 U.S.C. 11001 et seq.), including ascertaining flow
patterns of hazardous material on lands under the jurisdiction
of a State or Indian tribe, and between lands under the
jurisdiction of a State or Indian tribe and lands of another
State or Indian tribe;
``(B) to decide on the need for regional hazardous material
emergency response teams; and
``(C) to train public sector employees to respond to
accidents and incidents involving hazardous material.
``(2) To the extent that a grant is used to train emergency
responders under paragraph (1)(C), 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.
``(3) The Secretary may make a grant to a State or Indian tribe
under paragraph (1) of this subsection only if--
``(A) the State or Indian tribe certifies that the total
amount the State or Indian tribe expends (except amounts of the
Federal Government) for the purpose of the grant will at least
equal the average level of expenditure for the last 5 years;
and
``(B) any emergency response training provided under the
grant shall consist of--
``(i) a course developed or identified under
section 5115 of this title; or
``(ii) any other course the Secretary determines is
consistent with the objectives of this section.
``(4) A State or Indian tribe receiving a grant under this
subsection shall ensure that planning and emergency response training
under the grant is coordinated with adjacent States and Indian tribes.
``(5) A training grant under paragraph (1)(C) may be used--
``(A) to pay--
``(i) the tuition costs of public sector employees
being trained;
``(ii) travel expenses of those employees to and
from the training facility;
``(iii) room and board of those employees when at
the training facility; and
``(iv) travel expenses of individuals providing the
training;
``(B) by the State, political subdivision, or Indian tribe
to provide the training; and
``(C) to make an agreement with a person (including an
authority of a State, a political subdivision of a State or
Indian tribe, or a local jurisdiction), subject to approval by
the Secretary, to provide the training--
``(i) if the agreement allows the Secretary and the
State or Indian tribe to conduct random examinations,
inspections, and audits of the training without prior
notice;
``(ii) the person agrees to have an auditable
accounting system; and
``(iii) if the State or Indian tribe conducts at
least one on-site observation of the training each
year.
``(6) The Secretary shall allocate amounts made available for
grants under this subsection among eligible States and Indian tribes
based on the needs of the States and Indian tribes for emergency
response training and planning. In making a decision about those needs,
the Secretary shall consider--
``(A) the number of hazardous material facilities in the
State or on land under the jurisdiction of the Indian tribe;
``(B) the types and amounts of hazardous material
transported in the State or on such land;
``(C) whether the State or Indian tribe imposes and
collects a fee on transporting hazardous material;
``(D) whether such fee is used only to carry out a purpose
related to transporting hazardous material;
``(E) the past record of the State or Indian tribe in
effectively managing planning and training grants; and
``(F) any other factors the Secretary determines are
appropriate to carry out this subsection.''.
(b) Technical and Conforming Amendments.--
(1) Section 5108(g) of title 49, United States Code, is
amended by striking ``5116(i)'' each place it appears and
inserting ``5116(h)''.
(2) Section 5116 of such title is amended--
(A) in subsection (d), as redesignated by this
section, by striking ``subsections (a)(2)(A) and
(b)(2)(A)'' and inserting ``subsection (a)(3)(A)'';
(B) in subsection (h), as redesignated by this
section--
(i) in paragraph (1) by inserting ``and
section 5107(e)'' after ``section'';
(ii) in paragraph (2) by striking ``(f)''
and inserting ``(e)''; and
(iii) in paragraph (4) by striking
``5108(g)(2) and 5115'' and inserting ``5107(e)
and 5108(g)(2)'';
(C) in subsection (i), as redesignated by this
section, by striking ``subsection (b)'' and inserting
``subsection (a)''; and
(D) in subsection (j), as redesignated by this
section--
(i) by striking ``planning grants allocated
under subsection (a), training grants under
subsection (b), and grants under subsection
(j)'' and inserting ``planning and training
grants under subsection (a) and grants under
subsection (i)''; and
(ii) by redesignating subparagraphs (A)
through (D) as paragraphs (1) through (4),
respectively.
(c) Enforcement Personnel.--Section 5107(e) of title 49, United
States Code, is amended by inserting ``, State and local personnel
responsible for enforcing the safe transportation of hazardous
materials, or both'' after ``hazmat employees'' each place it appears.
SEC. 7009. MOTOR CARRIER SAFETY PERMITS.
Section 5109(h) of title 49, United States Code, is amended to read
as follows:
``(h) Limitation on Denial.--The Secretary may not deny a non-
temporary permit held by a motor carrier pursuant to this section based
on a comprehensive review of that carrier triggered by safety
management system scores or out-of-service disqualification standards,
unless--
``(1) the carrier has the opportunity, prior to the denial
of such permit, to submit a written description of corrective
actions taken and other documentation the carrier wishes the
Secretary to consider, including a corrective action plan; and
``(2) the Secretary determines the actions or plan is
insufficient to address the safety concerns identified during
the course of the comprehensive review.''.
SEC. 7010. THERMAL BLANKETS.
(a) Requirements.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue such regulations as
are necessary to require that each tank car built to meet the DOT-117
specification and each non-jacketed tank car modified to meet the DOT-
117R specification be equipped with an insulating blanket with at least
\1/2\-inch-thick material that has been approved by the Secretary
pursuant to section 179.18(c) of title 49, Code of Federal Regulations.
(b) Savings Clause.--Nothing in this section shall prohibit the
Secretary from approving new or alternative technologies or materials
as they become available that provide a level of safety at least
equivalent to the level of safety provided for under subsection (a).
SEC. 7011. COMPREHENSIVE OIL SPILL RESPONSE PLANS.
(a) In General.--Chapter 51 of title 49, United States Code, is
amended by inserting after section 5110 the following:
``Sec. 5111. Comprehensive oil spill response plans
``(a) Requirements.--Not later than 120 days after the date of
enactment of this section, the Secretary shall issue such regulations
as are necessary to require any railroad carrier transporting a Class 3
flammable liquid to maintain a comprehensive oil spill response plan.
In developing such regulations, the Secretary shall consult with States
to determine whether there are safety hazards or concerns specific to a
State that should be taken into account in developing the requirements
for a comprehensive oil spill response plan.
``(b) Contents.--The regulations under subsection (a) shall require
each railroad carrier described in that subsection to--
``(1) include in the comprehensive oil spill response plan
procedures and resources, including equipment, for responding,
to the maximum extent practicable, to a worst-case discharge;
``(2) ensure that the comprehensive oil spill response plan
is consistent with the National Contingency Plan and each
applicable Area Contingency Plan;
``(3) include in the comprehensive oil spill response plan
appropriate notification and training procedures and procedures
for coordinating with Federal, State, and local emergency
responders;
``(4) review and update its comprehensive oil spill
response plan as appropriate; and
``(5) provide the comprehensive oil spill response plan for
acceptance by the Secretary.
``(c) Savings Clause.--Nothing in the section may be construed to
prohibit the Secretary from promulgating differing comprehensive oil
response plan standards for Class I railroads, Class II railroads, and
Class III railroads.
``(d) Response Plans.--The Secretary shall--
``(1) maintain on file a copy of the most recent
comprehensive oil spill response plans prepared by a railroad
carrier transporting a Class 3 flammable liquid; and
``(2) provide to a person, upon written request, a copy of
the plan, which may exclude, as the Secretary determines
appropriate--
``(A) proprietary information;
``(B) security-sensitive information, including
information described in section 1520.5(a) of title 49,
Code of Federal Regulations;
``(C) specific response resources and tactical
resource deployment plans; and
``(D) the specific amount and location of worst-
case discharges, including the process by which a
railroad carrier determines the worst-case discharge.
``(e) Relationship to FOIA.--Nothing in this section may be
construed to require disclosure of information or records that are
exempt from disclosure under section 552 of title 5.
``(f) Definitions.--
``(1) Area contingency plan.--The term `Area Contingency
Plan' has the meaning given the term in section 311(a) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(a)).
``(2) Class 3 flammable liquid.--The term `Class 3
flammable liquid' has the meaning given the term flammable
liquid in section 173.120 of title 49, Code of Federal
Regulations.
``(3) Class i railroad; class ii railroad; and class iii
railroad.--The terms `Class I railroad', `Class II railroad',
and `Class III railroad' have the meaning given those terms in
section 20102.
``(4) National contingency plan.--The term `National
Contingency Plan' has the meaning given the term in section
1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701).
``(5) Railroad carrier.--The term `railroad carrier' has
the meaning given the term in section 20102.
``(6) Worst-case discharge.--The term `worst-case
discharge' means the largest foreseeable discharge of oil in
the event of an accident or incident, as determined by each
railroad carrier in accordance with regulations issued under
this section.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title 49,
United States Code, is amended by inserting after the item relating to
section 5110 the following:
``5111. Comprehensive oil spill response plans.''.
SEC. 7012. INFORMATION ON HIGH-HAZARD FLAMMABLE TRAINS.
(a) Information on High-Hazard Flammable Trains.--Not later than 90
days after the date of enactment of this Act, the Secretary shall issue
regulations to require each applicable railroad carrier to provide
information on high-hazard flammable trains to State emergency response
commissions consistent with Emergency Order Docket No. DOT-OST-2014-
0067, and include appropriate protections from public release of
proprietary information and security-sensitive information, including
information described in section 1520.5(a) of title 49, Code of Federal
Regulations.
(b) High-Hazard Flammable Train.--The term ``high-hazard flammable
train'' means a single train transporting 20 or more tank cars loaded
with a Class 3 flammable liquid, as such term is defined in section
173.120 of title 49, Code of Federal Regulations, in a continuous block
or a single train transporting 35 or more tank cars loaded with a Class
3 flammable liquid throughout the train consist.
SEC. 7013. STUDY AND TESTING OF ELECTRONICALLY CONTROLLED PNEUMATIC
BRAKES.
(a) Government Accountability Office Study.--
(1) In general.--The Comptroller General of the United
States shall conduct an independent evaluation of ECP brake
systems, pilot program data, and the Department's research and
analysis on the costs, benefits, and effects of ECP brake
systems.
(2) Study elements.--In completing the independent
evaluation under paragraph (1), the Comptroller General of the
United States shall examine the following issues related to ECP
brake systems:
(A) Data and modeling results on safety benefits
relative to conventional brakes and to other braking
technologies or systems, such as distributed power and
2-way end-of-train devices.
(B) Data and modeling results on business benefits,
including the effects of dynamic braking.
(C) Data on costs, including up-front capital costs
and on-going maintenance costs.
(D) Analysis of potential operational benefits and
challenges, including the effects of potential
locomotive and car segregation, technical reliability
issues, and network disruptions.
(E) Analysis of potential implementation
challenges, including installation time, positive train
control integration complexities, component
availability issues, and tank car shop capabilities.
(F) Analysis of international experiences with the
use of advanced braking technologies.
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall transmit 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 on the results of the independent evaluation
under paragraph (1).
(b) Emergency Braking Application Testing.--
(1) In general.--The Secretary shall enter into an
agreement with the National Academy of Sciences to--
(A) complete testing of ECP brake systems during
emergency braking application, including more than 1
scenario involving the uncoupling of a train with 70 or
more DOT-117-specification or DOT-117R-specification
tank cars; and
(B) transmit, not later than 18 months after the
date of enactment of this Act, 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 on the
results of the testing.
(2) Independent experts.--In completing the testing under
paragraph (1)(A), the National Academy of Sciences may contract
with 1 or more engineering or rail experts, as appropriate,
that--
(A) are not railroad carriers, entities funded by
such carriers, or entities directly impacted by the
final rule issued on May 8, 2015, entitled ``Enhanced
Tank Car Standards and Operational Controls for High-
Hazard Flammable Trains'' (80 Fed. Reg. 26643); and
(B) have relevant experience in conducting railroad
safety technology tests or similar crash tests.
(3) Testing framework.--In completing the testing under
paragraph (1), the National Academy of Sciences and each
contractor described in paragraph (2) shall ensure that the
testing objectively, accurately, and reliably measures the
performance of ECP brake systems relative to other braking
technologies or systems, such as distributed power and 2-way
end-of-train devices, including differences in--
(A) the number of cars derailed;
(B) the number of cars punctured;
(C) the measures of in-train forces; and
(D) the stopping distance.
(4) Funding.--The Secretary shall provide funding, as part
of the agreement under paragraph (1), to the National Academy
of Sciences for the testing required under this section--
(A) using sums made available to carry out sections
20108 and 5118 of title 49, United States Code; and
(B) to the extent funding under subparagraph (A) is
insufficient or unavailable to fund the testing
required under this section, using such sums as are
necessary from the amounts appropriated to the
Secretary, the Federal Railroad Administration, or the
Pipeline and Hazardous Materials Safety Administration,
or a combination thereof.
(5) Equipment.--The National Academy of Sciences and each
contractor described in paragraph (2) may receive or use
rolling stock, track, and other equipment or infrastructure
from a private entity for the purposes of conducting the
testing required under this section.
(c) Evidence-Based Approach.--
(1) Analysis.--The Secretary shall--
(A) not later than 90 days after the report date,
fully incorporate and update the regulatory impact
analysis of the final rule described in subsection
(b)(2)(A) of the costs, benefits, and effects of the
applicable ECP brake system requirements;
(B) as soon as practicable after completion of the
updated analysis under subparagraph (A), solicit public
comment on the analysis for a period of not more than
30 days; and
(C) not later than 60 days after the end of the
public comment period under subparagraph (B), post the
final updated regulatory impact analysis on the
Department of Transportation's Internet Web site.
(2) Determination.--Not later than 180 days after the
report date, the Secretary shall--
(A) determine, based on whether the final
regulatory impact analysis described in paragraph
(1)(C) demonstrates that the benefits, including safety
benefits, of the applicable ECP brake system
requirements exceed the costs of such requirements,
whether the applicable ECP brake system requirements
are justified;
(B) if the applicable ECP brake system requirements
are justified, publish in the Federal Register the
determination and reasons for such determination; and
(C) if the Secretary does not publish the
determination under subparagraph (B), repeal the
applicable ECP brake system requirements.
(3) Savings clause.--Nothing in this section shall be
construed to prohibit the Secretary from implementing the final
rule described under subsection (b)(2)(A) prior to the
determination required under subsection (c)(2) of this section,
or require the Secretary to promulgate a new rulemaking on the
provisions of such final rule, other than the applicable ECP
brake system requirements, if the Secretary determines that the
applicable ECP brake system requirements are not justified
pursuant to this subsection.
(d) Definitions.--In this section, the following definitions apply:
(1) Applicable ecp brake system requirements.--The term
``applicable ECP brake system requirements'' means sections
174.310(a)(3)(ii), 174.310(a)(3)(iii), 174.310(a)(5)(v),
179.202-12(g), and 179.202-13(i) of title 49, Code of Federal
Regulations, and any other regulation in effect on the date of
enactment of this Act requiring the installation of ECP brakes
or operation in ECP brake mode.
(2) Class 3 flammable liquid.--The term ``Class 3 flammable
liquid'' has the meaning given the term flammable liquid in
section 173.120(a) of title 49, Code of Federal Regulations.
(3) ECP.--The term ``ECP'' means electronically controlled
pneumatic when applied to a brake or brakes.
(4) ECP brake mode.--The term ``ECP brake mode'' includes
any operation of a rail car or an entire train using an ECP
brake system.
(5) ECP brake system.--
(A) In general.--The term ``ECP brake system''
means a train power braking system actuated by
compressed air and controlled by electronic signals
from the locomotive or an ECP-EOT to the cars in the
consist for service and emergency applications in which
the brake pipe is used to provide a constant supply of
compressed air to the reservoirs on each car but does
not convey braking signals to the car.
(B) Inclusions.--The term ``ECP brake system''
includes dual mode and stand-alone ECP brake systems.
(6) Railroad carrier.--The term ``railroad carrier'' has
the meaning given the term in section 20102 of title 49, United
States Code.
(7) Report date.--The term ``report date'' means the date
that the reports under subsections (a)(3) and (b)(1)(B) are
required to be transmitted pursuant to those subsections.
SEC. 7014. STUDY ON THE EFFICACY AND IMPLEMENTATION OF THE EUROPEAN
TRAIN CONTROL SYSTEM.
(a) In General.--The Comptroller General of the United States
shall, in consultation with other heads of Federal agencies as
appropriate, conduct a study on the European Train Control System.
(b) Issues.--In conducting the study described in subsection (a),
the Comptroller General shall examine, at a minimum, the following
issues:
(1) The process by which the European Train Control System
came to replace the more than 20 separate national train
control systems throughout the European continent.
(2) The costs associated with implementing the European
Train Control System across all affected railroads in Europe.
(3) The impact of the European Train Control System on
operating capacity and rail passenger safety.
(4) The efficacy of the European Train Control System and
the feasibility of implementing such a system throughout the
national rail network of the United States.
(5) A comparison of the costs associated with adopting
European Train Control System technology with the costs
associated with developing and implementing Positive Train
Control in the United States.
(c) Report.--Not later than 180 days after the date of the
enactment of this section, the Comptroller General 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 on the results of the study
described in subsection (a).
SEC. 7015. PHASE-OUT OF ALL TANK CARS USED TO TRANSPORT CLASS 3
FLAMMABLE LIQUIDS.
(a) In General.--Except as provided for in subsection (b),
beginning on the date of enactment of this Act, all railroad tank cars
used to transport Class 3 flammable liquids shall meet the DOT-117 or
DOT-117R specifications in part 179 of title 49, Code of Federal
Regulations, regardless of train composition.
(b) Phase-Out Schedule.--Certain tank cars not meeting DOT-117 or
DOT-117R specifications on the date of enactment of this Act may be
used, regardless of train composition, until the following end-dates:
(1) For transport of unrefined petroleum products in Class
3 flammable service, including crude oil--
(A) January 1, 2018, for non-jacketed DOT-111 tank
cars;
(B) March 1, 2018, for jacketed DOT-111 tank cars;
(C) April 1, 2020, for non-jacketed CPC-1232 tank
cars; and
(D) May 1, 2025, for jacketed CPC-1232 tank cars.
(2) For transport of ethanol--
(A) May 1, 2023, for non-jacketed and jacketed DOT-
111 tank cars;
(B) July 1, 2023, for non-jacketed CPC-1232 tank
cars; and
(C) May 1, 2025, for jacketed CPC-1232 tank cars.
(3) For transport of Class 3 flammable liquids in Packing
Group I, other than Class 3 flammable liquids specified in
paragraphs (1) and (2), May 1, 2025.
(4) For transport of Class 3 flammable liquids in Packing
Groups II and III, other than Class 3 flammable liquids
specified in paragraphs (1) and (2), May 1, 2029.
(c) Retrofitting Shop Capacity.--The Secretary may extend the
deadlines established under paragraphs (3) and (4) of subsection (b)
for a period not to exceed 2 years if the Secretary determines that
insufficient retrofitting shop capacity will prevent the phase-out of
tank cars not meeting the DOT-117 or DOT-117R specifications by the
deadlines set forth in such paragraphs.
(d) Implementation.--Nothing in this section shall be construed to
require the Secretary to issue regulations to implement this section.
(e) Savings Clause.--Nothing in this section shall be construed to
prohibit the Secretary from implementing the final rule issued on May
08, 2015, entitled ``Enhanced Tank Car Standards and Operational
Controls for High-Hazard Flammable Trains'' (80 Fed. Reg. 26643), other
than the provisions of the final rule that are inconsistent with this
section.
(f) Class 3 Flammable Liquid Defined.--In this section, the term
``Class 3 flammable liquid'' has the meaning given the term flammable
liquid in section 173.120(a) of title 49, Code of Federal Regulations.
SEC. 7016. TRACK SAFETY: VERTICAL TRACK DEFLECTION.
(a) Report.--Not later than March 31, 2016, the Secretary shall
transmit 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 detailing research conducted or
procured by the Federal Railroad Administration on developing a system
that measures Vertical Track Deflection (in this section referred to as
``VTD'') from a moving railroad car, including the ability of such a
system to identify poor track support from fouled ballast, deteriorated
cross ties, or other conditions.
(b) Inclusions.--This report shall include--
(1) the findings and results of testing of VTD
instrumentation during field trials on revenue service track;
(2) the findings and results of subsequent testing of VTD
instrumentation on a Federal Railroad Administration Automated
Track Inspection Program geometry car;
(3) if considered appropriate by the Secretary based on the
report and related research, a plan for developing quantitative
inspection criteria for poor track support using existing VTD
instrumentation on Federal Railroad Administration Automated
Track Inspection Program geometry cars; and
(4) if considered appropriate by the Secretary based on the
report and related research, a plan for installing VTD
instrumentation on all remaining Federal Railroad
Administration Automated Track Inspection Program geometry cars
within 3 years after the date of enactment of this Act.
SEC. 7017. MINIMUM REQUIREMENTS FOR TOP FITTINGS PROTECTION FOR CLASS
DOT-117R TANK CARS.
(a) Protective Housing.--Except as provided in subsections (b) and
(c), top fittings on DOT specification 117R tank cars shall be located
inside a protective housing not less than \1/2\-inch in thickness and
constructed of a material having a tensile strength not less than 65
kilopound per square inch and conform to the following specifications:
(1) The protective housing shall be as tall as the tallest
valve or fitting involved and the height of a valve or fitting
within the protective housing must be kept to the minimum
compatible with their proper operation.
(2) The protective housing or cover may not reduce the flow
capacity of the pressure relief device below the minimum
required.
(3) The protective housing shall provide a means of
drainage with a minimum flow area equivalent to six 1-inch
diameter holes.
(4) When connected to the nozzle or fittings cover plate
and subject to a horizontal force applied perpendicular to and
uniformly over the projected plane of the protective housing,
the tensile connection strength of the protective housing shall
be designed to be--
(A) no greater than 70 percent of the nozzle to
tank tensile connection strength;
(B) no greater than 70 percent of the cover plate
to nozzle connection strength; and
(C) no less than either 40 percent of the nozzle to
tank tensile connection strength or the shear strength
of twenty \1/2\-inch bolts.
(b) Pressure Relief Devices.--
(1) The pressure relief device shall be located inside the
protective housing, unless space does not permit. If multiple
pressure relief devices are equipped, no more than 1 may be
located outside of a protective housing.
(2) The highest point on any pressure relief device located
outside of a protective housing may not be more than 12 inches
above the tank jacket.
(3) The highest point on the closure of any unused pressure
relief device nozzle may not be more than 6 inches above the
tank jacket.
(c) Alternative Protection.--As an alternative to the protective
housing requirements in subsection (a) of this section, the tank car
may be equipped with a system that prevents the release of product from
any top fitting in the case of an incident where any top fitting would
be sheared off.
(d) Implementation.--Nothing in this section shall be construed to
require the Secretary to issue regulations to implement this section.
(e) Savings Clause.--Nothing in this section shall prohibit the
Secretary from approving new technologies, methods or requirements that
provide a level of safety equivalent to or greater than the level of
safety provided for in this section.
SEC. 7018. HAZARDOUS MATERIALS ENDORSEMENT EXEMPTION.
The Secretary shall allow a State, at the discretion of the State,
to waive the requirement for a holder of a Class A commercial driver's
license to obtain a hazardous materials endorsement under part 383 of
title 49, Code of Federal Regulations, if the license holder--
(1) is acting within the scope of the license holder's
employment as an employee of a custom harvester operation,
agrichemical business, farm retail outlet and supplier, or
livestock feeder; and
(2) is operating a service vehicle that is--
(A) transporting diesel in a quantity of 3,785
liters (1,000 gallons) or less; and
(B) clearly marked with a ``flammable'' or
``combustible'' placard, as appropriate.
SEC. 7019. HAZARDOUS MATERIALS BY RAIL LIABILITY STUDY.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary shall initiate a study on the levels and
structure of insurance for a railroad carrier transporting hazardous
materials.
(b) Contents.--ln conducting the study under subsection (a), the
Secretary shall evaluate--
(1) the level and structure of insurance, including self-
insurance, available in the private market against the full
liability potential for damages arising from an accident or
incident involving a train transporting hazardous materials;
and
(2) the level and structure of insurance that would be
necessary and appropriate--
(A) to efficiently allocate risk and financial
responsibility for claims; and
(B) to ensure that a railroad carrier transporting
hazardous materials can continue to operate despite the
risk of an accident or incident.
(c) Report.--Not later than 1 year after the date the study under
subsection (a) is initiated, the Secretary shall submit a report
containing the results of the study and recommendations for addressing
liability issues with rail transportation of hazardous materials to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Transportation and Infrastructure of
the House of Representatives.
(d) Definitions.--ln this section:
(1) Hazardous material.--The term ``hazardous material''
means a substance or material the Secretary designates under
section 5103(a) of title 49, United States Code.
(2) Railroad carrier.--The term ``railroad carrier'' has
the meaning given the term in section 20102 of title 49, United
States Code.
TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION
SEC. 8001. MULTIMODAL FREIGHT TRANSPORTATION.
(a) In General.--Subtitle IX of title 49, United States Code, is
amended to read as follows:
``Subtitle IX--Multimodal Freight Transportation
``Chapter Sec.
``701. Multimodal freight policy............................ 70101
``702. Multimodal freight transportation planning and 70201
information.
``CHAPTER 701--MULTIMODAL FREIGHT POLICY
``Sec.
``70101. National multimodal freight policy.
``70102. National freight strategic plan.
``70103. National Multimodal Freight Network.
``Sec. 70101. National multimodal freight policy
``(a) In General.--It is the policy of the United States to
maintain and improve the condition and performance of the National
Multimodal Freight Network established under section 70103 to ensure
that the Network provides a foundation for the United States to compete
in the global economy and achieve the goals described in subsection
(b).
``(b) Goals.--The goals of the national multimodal freight policy
are--
``(1) to identify infrastructure improvements, policies,
and operational innovations that--
``(A) strengthen the contribution of the National
Multimodal Freight Network to the economic
competitiveness of the United States;
``(B) reduce congestion and eliminate bottlenecks
on the National Multimodal Freight Network; and
``(C) increase productivity, particularly for
domestic industries and businesses that create high-
value jobs;
``(2) to improve the safety, security, efficiency, and
resiliency of multimodal freight transportation;
``(3) to achieve and maintain a state of good repair on the
National Multimodal Freight Network;
``(4) to use innovation and advanced technology to improve
the safety, efficiency, and reliability of the National
Multimodal Freight Network;
``(5) to improve the economic efficiency of the National
Multimodal Freight Network;
``(6) to improve the short- and long-distance movement of
goods that--
``(A) travel across rural areas between population
centers;
``(B) travel between rural areas and population
centers; and
``(C) travel from the Nation's ports, airports, and
gateways to the National Multimodal Freight Network;
``(7) to improve the flexibility of States to support
multi-State corridor planning and the creation of multi-State
organizations to increase the ability of States to address
multimodal freight connectivity; and
``(8) to reduce the adverse environmental impacts of
freight movement on the National Multimodal Freight Network.
``Sec. 70102. National freight strategic plan
``(a) In General.--Not later than 2 years after the date of
enactment of this section, the Secretary of Transportation shall--
``(1) develop a national freight strategic plan in
accordance with this section; and
``(2) publish the plan on the public Internet Web site of
the Department of Transportation.
``(b) Contents.--The national freight strategic plan shall
include--
``(1) an assessment of the condition and performance of the
National Multimodal Freight Network;
``(2) forecasts of freight volumes for the succeeding 5-,
10-, and 20-year periods;
``(3) an identification of major trade gateways and
national freight corridors that connect major population
centers, trade gateways, and other major freight generators;
``(4) an identification of bottlenecks on the National
Multimodal Freight Network that create significant freight
congestion, based on a quantitative methodology developed by
the Secretary, which shall, at a minimum, include--
``(A) information from the Freight Analysis
Framework of the Federal Highway Administration; and
``(B) to the maximum extent practicable, an
estimate of the cost of addressing each bottleneck and
any operational improvements that could be implemented;
``(5) an assessment of statutory, regulatory,
technological, institutional, financial, and other barriers to
improved freight transportation performance, and a description
of opportunities for overcoming the barriers;
``(6) an identification of best practices for improving the
performance of the National Multimodal Freight Network;
``(7) a process for addressing multistate projects and
encouraging jurisdictions to collaborate; and
``(8) strategies to improve freight intermodal
connectivity.
``(c) Updates.--Not later than 5 years after the date of completion
of the national freight strategic plan under subsection (a), and every
5 years thereafter, the Secretary shall update the plan and publish the
updated plan on the public Internet Web site of the Department of
Transportation.
``(d) Consultation.--The Secretary shall develop and update the
national freight strategic plan in consultation with State departments
of transportation, metropolitan planning organizations, and other
appropriate public and private transportation stakeholders.
``Sec. 70103. National Multimodal Freight Network
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary of Transportation shall
establish the National Multimodal Freight Network in accordance with
this section--
``(1) to focus Federal policy on the most strategic freight
assets; and
``(2) to assist in strategically directing resources and
policies toward improved performance of the National Multimodal
Freight Network.
``(b) Network Components.--The National Multimodal Freight Network
shall include--
``(1) the National Highway Freight Network, as established
under section 167 of title 23;
``(2) the freight rail systems of Class I railroads, as
designated by the Surface Transportation Board;
``(3) the public ports of the United States that have total
annual foreign and domestic trade of at least 2,000,000 short
tons, as identified by the Waterborne Commerce Statistics
Center of the Army Corps of Engineers, using the data from the
latest year for which such data is available;
``(4) the inland and intracoastal waterways of the United
States, as described in section 206 of the Inland Waterways
Revenue Act of 1978 (33 U.S.C. 1804);
``(5) the Great Lakes, the St. Lawrence Seaway, and coastal
routes along which domestic freight is transported;
``(6) the 50 airports located in the United States with the
highest annual landed weight, as identified by the Federal
Aviation Administration; and
``(7) other strategic freight assets, including strategic
intermodal facilities and freight rail lines of Class II and
Class III railroads, designated by the Secretary as critical to
interstate commerce.
``(c) Other Strategic Freight Assets.--In determining network
components in subsection (b), the Secretary may consider strategic
freight assets identified by States, including public ports if such
ports do not meet the annual tonnage threshold, for inclusion on the
National Multimodal Freight Network.
``(d) Redesignation.--Not later than 5 years after the date of
establishment of the National Multimodal Freight Network under
subsection (a), and every 5 years thereafter, the Secretary shall
update the National Multimodal Freight Network.
``(e) Consultation.--The Secretary shall establish and update the
National Multimodal Freight Network in consultation with State
departments of transportation and other appropriate public and private
transportation stakeholders.
``(f) Landed Weight Defined.--In this section, the term `landed
weight' means the weight of an aircraft transporting only cargo in
intrastate, interstate, or foreign air transportation, as such terms
are defined in section 40102(a).
``CHAPTER 702--MULTIMODAL FREIGHT TRANSPORTATION PLANNING AND
INFORMATION
``Sec.
``70201. State freight advisory committees.
``70202. State freight plans.
``70203. Data and tools.
``Sec. 70201. State freight advisory committees
``(a) In General.--The Secretary of Transportation 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, freight railroads,
shippers, carriers, freight-related associations, third-party logistics
providers, 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 70202.
``Sec. 70202. State freight plans
``(a) In General.--Each State shall 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
described in section 70101;
``(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 State Plans.--
``(1) In general.--A freight plan described in subsection
(a) may be developed separately from or incorporated into the
statewide transportation plans required by section 135 of title
23.
``(2) Updates.--If the freight plan described in subsection
(a) is developed separately from the State transportation
improvement program, the freight plan shall be updated at least
every 5 years.
``Sec. 70203. Data and tools
``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary shall--
``(1) begin development of new tools or improve existing
tools to support an outcome-oriented, performance-based
approach to evaluate proposed freight-related and other
transportation projects, including--
``(A) methodologies for systematic analysis of
benefits and costs;
``(B) tools for ensuring that the evaluation of
freight-related and other transportation projects may
consider safety, economic competitiveness,
environmental sustainability, and system condition in
the project selection process; and
``(C) other elements to assist in effective
transportation planning;
``(2) identify transportation-related freight travel models
and model data elements to support a broad range of evaluation
methods and techniques to assist in making transportation
investment decisions; and
``(3) at a minimum, in consultation with other relevant
Federal agencies, consider any improvements to existing freight
flow data collection efforts, including improved methods to
standardize and manage the data, that could reduce identified
freight data gaps and deficiencies and help improve forecasts
of freight transportation demand.
``(b) Consultation.--The Secretary shall consult with Federal,
State, and other stakeholders to develop, improve, and implement the
tools and collect the data described in subsection (a).''.
(b) Clerical Amendment.--The analysis of subtitles for title 49,
United States Code, is amended by striking the item relating to
subtitle IX and inserting the following:
``IX. Multimodal Freight Transportation..................... 70101''.
(c) Repeals.--Sections 1117 and 1118 of MAP-21 (Public Law 112-
141), and the items relating to such sections in the table of contents
in section 1(c) of such Act, are repealed.
TITLE IX--NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU
SEC. 9001. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE
BUREAU.
(a) In General.--Chapter 1 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 116. National Surface Transportation and Innovative Finance
Bureau
``(a) Establishment.--The Secretary of Transportation shall
establish a National Surface Transportation and Innovative Finance
Bureau in the Department.
``(b) Purposes.--The purposes of the Bureau shall be--
``(1) to administer the application processes for programs
within the Department in accordance with subsection (d);
``(2) to promote innovative financing best practices in
accordance with subsection (e);
``(3) to reduce uncertainty and delays with respect to
environmental reviews and permitting in accordance with
subsection (f);
``(4) to reduce costs and risks to taxpayers in project
delivery and procurement in accordance with subsection (g); and
``(5) to carry out subtitle IX of this title.
``(c) Executive Director.--
``(1) Appointment.--The Bureau shall be headed by an
Executive Director, who shall be appointed in the competitive
service by the Secretary, with the approval of the President.
``(2) Duties.--The Executive Director shall--
``(A) report to the Under Secretary of
Transportation for Policy;
``(B) be responsible for the management and
oversight of the daily activities, decisions,
operations, and personnel of the Bureau;
``(C) support the Council on Credit and Finance
established under section 117 in accordance with this
section; and
``(D) carry out such additional duties as the
Secretary may prescribe.
``(d) Administration of Certain Application Processes.--
``(1) In general.--The Bureau shall administer the
application processes for the following programs:
``(A) The infrastructure finance programs
authorized under chapter 6 of title 23.
``(B) The railroad rehabilitation and improvement
financing program authorized under sections 501 through
503 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 821-823).
``(C) Amount allocations authorized under section
142(m) of the Internal Revenue Code of 1986.
``(D) The nationally significant freight and
highway projects program under section 117 of title 23.
``(2) Congressional notification.--The Secretary shall
ensure that the congressional notification requirements for
each program referred to in paragraph (1) are followed in
accordance with the statutory provisions applicable to the
program.
``(3) Reports.--The Secretary shall ensure that the
reporting requirements for each program referred to in
paragraph (1) are followed in accordance with the statutory
provisions applicable to the program.
``(4) Coordination.--In administering the application
processes for the programs referred to in paragraph (1), the
Executive Director of the Bureau shall coordinate with
appropriate officials in the Department and its modal
administrations responsible for administering such programs.
``(5) Streamlining approval processes.--Not later than 1
year after the date of enactment of this section, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation, the
Committee on Banking, Housing, and Urban Affairs, and the
Committee on Environment and Public Works of the Senate a
report that--
``(A) evaluates the application processes for the
programs referred to in paragraph (1);
``(B) identifies administrative and legislative
actions that would improve the efficiency of the
application processes without diminishing Federal
oversight; and
``(C) describes how the Secretary will implement
administrative actions identified under subparagraph
(B) that do not require an Act of Congress.
``(6) Procedures and transparency.--
``(A) Procedures.--The Secretary shall, with
respect to the programs referred to in paragraph (1)--
``(i) establish procedures for analyzing
and evaluating applications and for utilizing
the recommendations of the Council on Credit
and Finance;
``(ii) establish procedures for addressing
late-arriving applications, as applicable, and
communicating the Bureau's decisions for
accepting or rejecting late applications to the
applicant and the public; and
``(iii) document major decisions in the
application evaluation process through a
decision memorandum or similar mechanism that
provides a clear rationale for such decisions.
``(B) Review.--
``(i) In general.--The Comptroller General
of the United States shall review the
compliance of the Secretary with the
requirements of this paragraph.
``(ii) Recommendations.--The Comptroller
General may make recommendations to the
Secretary in order to improve compliance with
the requirements of this paragraph.
``(iii) Report.--Not later than 3 years
after the date of enactment of this section,
the Comptroller General shall 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 Commerce, Science, and
Transportation of the Senate a report on the
results of the review conducted under clause
(i), including findings and recommendations for
improvement.
``(e) Innovative Financing Best Practices.--
``(1) In general.--The Bureau shall work with the modal
administrations within the Department, the States, and other
public and private interests to develop and promote best
practices for innovative financing and public-private
partnerships.
``(2) Activities.--The Bureau shall carry out paragraph
(1)--
``(A) by making Federal credit assistance programs
more accessible to eligible recipients;
``(B) by providing advice and expertise to State
and local governments that seek to leverage public and
private funding;
``(C) by sharing innovative financing best
practices and case studies from State and local
governments with other State and local governments that
are interested in utilizing innovative financing
methods; and
``(D) by developing and monitoring--
``(i) best practices with respect to
standardized State public-private partnership
authorities and practices, including best
practices related to--
``(I) accurate and reliable
assumptions for analyzing public-
private partnership procurements;
``(II) procedures for the handling
of unsolicited bids;
``(III) policies with respect to
noncompete clauses; and
``(IV) other significant terms of
public-private partnership
procurements, as determined appropriate
by the Bureau;
``(ii) standard contracts for the most
common types of public-private partnerships for
transportation facilities; and
``(iii) analytical tools and other
techniques to aid State and local governments
in determining the appropriate project delivery
model, including a value for money analysis.
``(3) Transparency.--The Bureau shall--
``(A) ensure transparency of a project receiving
credit assistance under a program identified in
subsection (d)(1) and procured as a public-private
partnership by--
``(i) requiring the project sponsor of such
project to undergo a value for money analysis
or a comparable analysis prior to deciding to
advance the project as a public-private
partnership;
``(ii) requiring the analysis required
under subparagraph (A) and other key terms of
the relevant public-private partnership
agreement, to be made publicly available by the
project sponsor at an appropriate time;
``(iii) not later than 3 years after the
completion of the project, requiring the
project sponsor of such project to conduct a
review regarding whether the private partner is
meeting the terms of the relevant public
private partnership agreement for the project;
and
``(iv) providing a publicly available
summary of the total level of Federal
assistance in such project; and
``(B) develop guidance to implement this paragraph
that takes into consideration variations in State and
local laws and requirements related to public-private
partnerships.
``(4) Support to projects sponsors.--At the request of a
State or local government, the Bureau shall provide technical
assistance to the State or local government regarding proposed
public-private partnership agreements for transportation
facilities, including assistance in performing a value for
money analysis or comparable analysis.
``(5) Fixed guideway transit procedures report.--Not later
than 1 year after the date of enactment of this section, the
Secretary 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 report that--
``(A) evaluates the differences between traditional
design-bid-build, design-build, and public-private
partnership procurements for projects carried out under
the fixed guideway capital investment program
authorized under section 5309;
``(B) identifies, for project procured as public-
private partnerships whether the review and approval
process under the program requires modification to
better suit the unique nature of such procurements; and
``(C) describes how the Secretary will implement
any administrative actions identified under
subparagraph (B) that do not require an Act of
Congress.
``(f) Environmental Review and Permitting.--
``(1) In general.--The Bureau shall take such actions as
are appropriate and consistent with the goals and policies set
forth in this title and title 23, including with the
concurrence of other Federal agencies as required under this
title and title 23, to improve delivery timelines for projects.
``(2) Activities.--The Bureau shall carry out paragraph
(1)--
``(A) by serving as the Department's liaison to the
Council on Environmental Quality;
``(B) by coordinating Department-wide efforts to
improve the efficiency and effectiveness of the
environmental review and permitting process;
``(C) by coordinating Department efforts under
section 139 of title 23;
``(D) by supporting modernization efforts at
Federal agencies to achieve innovative approaches to
the permitting and review of projects;
``(E) by providing technical assistance and
training to field and headquarters staff of Federal
agencies on policy changes and innovative approaches to
the delivery of projects;
``(F) by identifying, developing, and tracking
metrics for permit reviews and decisions by Federal
agencies for projects under the National Environmental
Policy Act of 1969; and
``(G) by administering and expanding the use of
Internet-based tools providing for--
``(i) the development and posting of
schedules for permit reviews and permit
decisions for projects; and
``(ii) the sharing of best practices
related to efficient permitting and reviews for
projects.
``(3) Support to project sponsors.--At the request of a
State or local government, the Bureau, in coordination with the
other appropriate modal agencies within the Department, shall
provide technical assistance with regard to the compliance of a
project sponsored by the State or local government with the
requirements of the National Environmental Policy Act 1969 and
relevant Federal environmental permits.
``(g) Project Procurement.--
``(1) In general.--The Bureau shall promote best practices
in procurement for a project receiving assistance under a
program identified in subsection (d)(1) by developing, in
coordination with the Federal Highway Administration and other
modal agencies as appropriate, procurement benchmarks in order
to ensure accountable expenditure of Federal assistance over
the life cycle of such project.
``(2) Procurement benchmarks.--The procurement benchmarks
developed under paragraph (1) shall, to the maximum extent
practicable--
``(A) establish maximum thresholds for acceptable
project cost increases and delays in project delivery;
``(B) establish uniform methods for States to
measure cost and delivery changes over the life cycle
of a project; and
``(C) be tailored, as necessary, to various types
of project procurements, including design-bid-build,
design-build, and public private partnerships.
``(h) Elimination and Consolidation of Duplicative Offices.--
``(1) Elimination of offices.--The Secretary may eliminate
any office within the Department if the Secretary determines
that the purposes of the office are duplicative of the purposes
of the Bureau, and the elimination of such office shall not
adversely affect the obligations of the Secretary under any
Federal law.
``(2) Consolidation of offices.--The Secretary may
consolidate any office within the Department into the Bureau
that the Secretary determines has duties, responsibilities,
resources, or expertise that support the purposes of the
Bureau.
``(3) Staffing and budgetary resources.--
``(A) In general.--The Secretary shall ensure that
the Bureau is adequately staffed and funded.
``(B) Staffing.--The Secretary may transfer to the
Bureau a position within the Department from any office
that is eliminated or consolidated under this
subsection if the Secretary determines that the
position is necessary to carry out the purposes of the
Bureau.
``(C) Budgetary resources.--
``(i) Transfer of funds from eliminated or
consolidated offices.--The Secretary may
transfer to the Bureau funds allocated to any
office that is eliminated or consolidated under
this subsection to carry out the purposes of
the Bureau.
``(ii) Transfer of funds allocated to
administrative costs.--The Secretary shall
transfer to the Bureau funds allocated to the
administrative costs of processing applications
for the programs referred to in subsection
(d)(1).
``(4) Report.--Not later than 180 days after the date of
enactment of 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 and the Committee on Commerce, Science, and
Transportation of the Senate a report that--
``(A) lists the offices eliminated under paragraph
(1) and provides the rationale for elimination of the
offices;
``(B) lists the offices consolidated under
paragraph (2) and provides the rationale for
consolidation of the offices; and
``(C) describes the actions taken under paragraph
(3) and provides the rationale for taking such actions.
``(i) Savings Provisions.--
``(1) Laws and regulations.--Nothing in this section may be
construed to change a law or regulation with respect to a
program referred to in subsection (d)(1).
``(2) Responsibilities.--Nothing in this section may be
construed to abrogate the responsibilities of an agency,
operating administration, or office within the Department
otherwise charged by a law or regulation with other aspects of
program administration, oversight, and project approval or
implementation for the programs and projects subject to this
section.
``(j) Definitions.--In this section, the following definitions
apply:
``(1) Bureau.--The term `Bureau' means the National Surface
Transportation and Innovative Finance Bureau of the Department.
``(2) Department.--The term `Department' means the
Department of Transportation.
``(3) Multimodal project.--The term `multimodal project'
means a project involving the participation of more than one
modal administration or secretarial office within the
Department.
``(4) Project.--The term `project' means a highway project,
public transportation capital project, freight or passenger
rail project, or multimodal project.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``116. National Surface Transportation and Innovative Finance
Bureau.''.
SEC. 9002. COUNCIL ON CREDIT AND FINANCE.
(a) In General.--Chapter 1 of title 49, United States Code, as
amended by this Act, is further amended by adding at the end the
following:
``Sec. 117. Council on Credit and Finance
``(a) Establishment.--The Secretary of Transportation shall
establish a Council on Credit and Finance in accordance with this
section.
``(b) Membership.--
``(1) In general.--The Council shall be composed of the
following members:
``(A) The Under Secretary of Transportation for
Policy.
``(B) The Chief Financial Officer and Assistant
Secretary for Budget and Programs.
``(C) The General Counsel of the Department of
Transportation.
``(D) The Assistant Secretary for Transportation
Policy.
``(E) The Administrator of the Federal Highway
Administration.
``(F) The Administrator of the Federal Transit
Administration.
``(G) The Administrator of the Federal Railroad
Administration.
``(2) Additional members.--The Secretary may designate up
to 3 additional officials of the Department to serve as at-
large members of the Council.
``(3) Chairperson and vice chairperson.--
``(A) Chairperson.--The Under Secretary of
Transportation for Policy shall serve as the
chairperson of the Council.
``(B) Vice chairperson.--The Chief Financial
Officer and Assistant Secretary for Budget and Programs
shall serve as the vice chairperson of the Council.
``(4) Executive director.--The Executive Director of the
National Surface Transportation and Innovative Finance Bureau
shall serve as a nonvoting member of the Council.
``(c) Duties.--The Council shall--
``(1) review applications for assistance submitted under
the programs referred to in section 116(d)(1);
``(2) make recommendations to the Secretary regarding the
selection of projects to receive assistance under the programs
referred to in section 116(d)(1);
``(3) review, on a regular basis, projects that received
assistance under the programs referred to in section 116(d)(1);
and
``(4) carry out such additional duties as the Secretary may
prescribe.''.
(b) Clerical Amendment.--The analysis for such chapter is further
amended by adding at the end the following:
``117. Council on Credit and Finance.''.
TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY
SEC. 10001. ALLOCATIONS.
(a) Authorization.--Section 3 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777b) is amended by striking ``57 percent''
and inserting ``58.012 percent''.
(b) In General.--Section 4 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777c) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``For each'' and all that
follows through ``the balance'' and inserting
``For each fiscal year through fiscal year
2021, the balance''; and
(ii) by striking ``multistate conservation
grants under section 14'' and inserting
``activities under section 14(e)'';
(B) in paragraph (1), by striking ``18.5 percent''
and inserting ``18.673 percent'';
(C) in paragraph (2) by striking ``18.5 percent''
and inserting ``17.315 percent'';
(D) by striking paragraphs (3) and (4);
(E) by redesignating paragraph (5) as paragraph
(4); and
(F) by inserting after paragraph (2) the following:
``(3) Boating infrastructure improvement.--
``(A) In general.--An amount equal to 4 percent to
the Secretary of the Interior for qualified projects
under section 5604(c) of the Clean Vessel Act of 1992
(33 U.S.C. 1322 note) and section 7404(d) of the
Sportfishing and Boating Safety Act of 1998 (16 U.S.C.
777g-1(d)).
``(B) Limitation.--Not more than 75 percent of the
amount under subparagraph (A) shall be available for
projects under either of the sections referred to in
subparagraph (A).'';
(2) in subsection (b)--
(A) in paragraph (1)(A) by striking ``for each''
and all that follows through ``the Secretary'' and
inserting ``for each fiscal year through fiscal year
2021, the Secretary'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following:
``(2) Set-aside for coast guard administration.--
``(A) In general.--From the annual appropriation
made in accordance with section 3, for each of fiscal
years 2016 through 2021, the Secretary of the
department in which the Coast Guard is operating may
use no more than the amount specified in subparagraph
(B) for the fiscal year for the purposes set forth in
section 13107(c) of title 46, United States Code. The
amount specified in subparagraph (B) for a fiscal year
may not be included in the amount of the annual
appropriation distributed under subsection (a) for the
fiscal year.
``(B) Available amounts.--The available amount
referred to in subparagraph (A) is--
``(i) for fiscal year 2016, $7,300,000;
``(ii) for fiscal year 2017, $7,400,000;
``(iii) for fiscal year 2018, $7,500,000;
``(iv) for fiscal year 2019, $7,600,000;
``(v) for fiscal year 2020, $7,700,000; and
``(vi) for fiscal year 2021, $7,800,000.'';
and
(D) in paragraph (3), as so redesignated--
(i) in subparagraph (A), by striking
``until the end of the fiscal year.'' and
inserting ``until the end of the subsequent
fiscal year.''; and
(ii) in subparagraph (B) by striking
``under subsection (e)'' and inserting ``under
subsection (c)'';
(3) in subsection (c)--
(A) by striking ``(c) The Secretary'' and inserting
``(c)(1) The Secretary,'';
(B) by striking ``grants under section 14 of this
title'' and inserting ``activities under section
14(e)'';
(C) by striking ``57 percent'' and inserting
``58.012 percent''; and
(D) by adding at the end the following:
``(2) The Secretary shall deduct from the amount to be apportioned
under paragraph (1) the amounts used for grants under section 14(a).'';
and
(4) in subsection (e)(1), by striking ``those
subsections,'' and inserting ``those paragraphs,''.
(c) Submission and Approval of Plans and Projects.--Section 6(d) of
the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777e(d)) is
amended by striking ``for appropriations'' and inserting ``from
appropriations''.
(d) Unexpended or Unobligated Funds.--Section 8(b)(2) of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777g(b)(2)) is
amended by striking ``57 percent'' and inserting ``58.012 percent''.
(e) Cooperation.--Section 12 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777k) is amended--
(1) by striking ``57 percent'' and inserting ``58.012
percent''; and
(2) by striking ``under section 4(b)'' and inserting
``under section 4(c)''.
(f) Other Activities.--Section 14 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777m) is amended--
(1) in subsection (a)(1), by striking ``of each annual
appropriation made in accordance with the provisions of section
3''; and
(2) in subsection (e)--
(A) in the matter preceding paragraph (1) by
striking ``Of amounts made available under section 4(b)
for each fiscal year--'' and inserting ``Not more than
$1,200,000 of each annual appropriation made in
accordance with the provisions of section 3 shall be
distributed to the Secretary of the Interior for use as
follows:''; and
(B) in paragraph (1)(D) by striking ``; and'' and
inserting a period.
(g) Repeal.--The Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777 et seq.) is amended--
(1) by striking section 15; and
(2) by redesignating section 16 as section 15.
SEC. 10002. RECREATIONAL BOATING SAFETY.
Section 13107 of title 46, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``(1) Subject to paragraph (2) and
subsection (c),'' and inserting ``Subject to subsection
(c),'';
(B) by striking ``the sum of (A) the amount made
available from the Boat Safety Account for that fiscal
year under section 15 of the Dingell-Johnson Sport Fish
Restoration Act and (B)''; and
(C) by striking paragraph (2); and
(2) in subsection (c)--
(A) by striking the subsection designation and
paragraph (1) and inserting the following:
``(c)(1)(A) The Secretary may use amounts made available each
fiscal year under section 4(b)(2) of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777c(b)(2)) for payment of expenses of the
Coast Guard for investigations, personnel, and activities directly
related to--
``(i) administering State recreational boating safety
programs under this chapter; or
``(ii) coordinating or carrying out the national
recreational boating safety program under this title.
``(B) Of the amounts used by the Secretary each fiscal year under
subparagraph (A)--
``(i) not less than $2,000,000 is available to ensure
compliance with chapter 43 of this title; and
``(ii) not more than $1,500,000 is available to conduct a
survey of levels of recreational boating participation and
related matters in the United States.''; and
(B) in paragraph (2)--
(i) by striking ``No funds'' and inserting
``On and after October 1, 2016, no funds''; and
(ii) by striking ``traditionally''.
DIVISION B--COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF
2015
TITLE XXIV--HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A--Vehicle Safety
SEC. 24101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to subsection (b), there is authorized to
be appropriated to the Secretary to carry out chapter 301 of title 49,
and part C of subtitle VI of title 49, United States Code, amounts as
follows:
(1) $132,730,000 for fiscal year 2016.
(2) $135,517,330 for fiscal year 2017.
(3) $138,363,194 for fiscal year 2018.
(4) $141,268,821 for fiscal year 2019.
(5) $144,235,466 for fiscal year 2020.
(6) $147,264,411 for fiscal year 2021.
(b) Additional Authorization of Appropriations if a Certification
Is Made.--
(1) In general.--In addition to the amounts authorized to
be appropriated under subsection (a) to carry out chapter 301
of title 49, and part C of subtitle VI of title 49, United
States Code, if the certification described in paragraph (2) is
made during a fiscal year there is authorized to be
appropriated to the Secretary for that purpose for that fiscal
year and subsequent fiscal years an additional amount as
follows:
(A) $31,270,000 for fiscal year 2016.
(B) $36,537,670 for fiscal year 2017.
(C) $42,296,336 for fiscal year 2018.
(D) $47,999,728 for fiscal year 2019.
(E) $54,837,974 for fiscal year 2020.
(F) $61,656,407 for fiscal year 2021.
(2) Certification described.--The certification described
in this paragraph is a certification made by the Secretary and
submitted to Congress that the National Highway Traffic Safety
Administration has implemented all of the recommendations in
the Office of Inspector General Audit Report issued June 18,
2015 (ST-2015-063). As part of the certification, the Secretary
shall review the actions the National Highway Traffic Safety
Administration has taken to implement the recommendations and
issue a report to Congress detailing how the recommendations
were implemented. The Secretary shall not delegate or assign
the responsibility under this paragraph.
SEC. 24102. INSPECTOR GENERAL RECOMMENDATIONS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, and periodically thereafter until the completion date, the
Department of Transportation Inspector General shall report to the
appropriate committees of Congress on whether and what progress has
been made to implement the recommendations in the Office of Inspector
General Audit Report issued June 18, 2015 (ST-2015-063).
(b) Implementation Progress.--The Administrator of the National
Highway Traffic Safety Administration shall--
(1) not later than 90 days after the date of enactment of
this Act, and periodically thereafter until the completion
date, provide a briefing to the appropriate committees of
Congress on the actions the Administrator has taken to
implement the recommendations in the audit report described in
subsection (a), including a plan for implementing any remaining
recommendations; and
(2) not later than 1 year after the date of enactment of
this Act, issue a final report to the appropriate committees of
Congress on the implementation of all of the recommendations in
the audit report described in subsection (a).
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives.
(2) Completion date.--The term ``completion date'' means
the date that the National Highway Traffic Safety
Administration has implemented all of the recommendations in
the Office of Inspector General Audit Report issued June 18,
2015 (ST-2015-063).
SEC. 24103. IMPROVEMENTS IN AVAILABILITY OF RECALL INFORMATION.
(a) Vehicle Recall Information.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall implement current
information technology, web design trends, and best practices that will
help ensure that motor vehicle safety recall information available to
the public on the Federal website is readily accessible and easy to
use, including--
(1) by improving the organization, availability,
readability, and functionality of the website;
(2) by accommodating high-traffic volume; and
(3) by establishing best practices for scheduling routine
website maintenance.
(b) Government Accountability Office Public Awareness Report.--
(1) In general.--The Comptroller General shall study the
current use by consumers, dealers, and manufacturers of the
safety recall information made available to the public,
including the usability and content of the Federal and
manufacturers' websites and the National Highway Traffic Safety
Administration's efforts to publicize and educate consumers
about safety recall information.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall issue a
report with the findings of the study under paragraph (1),
including recommending any actions the Secretary can take to
improve public awareness and use of the websites for safety
recall information.
(c) Promotion of Public Awareness.--Section 31301(c) of the Moving
Ahead for Progress in the 21st Century Act (49 U.S.C. 30166 note) is
amended to read as follows:
``(c) Promotion of Public Awareness.--The Secretary shall improve
public awareness of safety recall information made publicly available
by periodically updating the method of conveying that information to
consumers, dealers, and manufacturers, such as through public service
announcements.''.
(d) Consumer Guidance.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall make available to the public
on the Internet detailed guidance for consumers submitting safety
complaints, including--
(1) a detailed explanation of what information a consumer
should include in a complaint; and
(2) a detailed explanation of the possible actions the
National Highway Traffic Safety Administration can take to
address a complaint and respond to the consumer, including
information on--
(A) the consumer records, such as photographs and
police reports, that could assist with an
investigation; and
(B) the length of time a consumer should retain the
records described in subparagraph (A).
(e) VIN Search.--
(1) In general.--The Secretary, in coordination with
industry, including manufacturers and dealers, shall study--
(A) the feasibility of searching multiple vehicle
identification numbers at a time to retrieve motor
vehicle safety recall information; and
(B) the feasibility of making the search mechanism
described under subparagraph (A) publicly available.
(2) Considerations.--In conducting the study under
paragraph (1), the Secretary shall consider the potential
costs, and potential risks to privacy and security in
implementing such a search mechanism.
SEC. 24104. RECALL PROCESS.
(a) Notification Improvement.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall prescribe a final
rule revising the regulations under section 577.7 of title 49,
Code of Federal Regulations, to include notification by
electronic means in addition to notification by first class
mail.
(2) Definition of electronic means.--In this subsection,
the term ``electronic means'' includes electronic mail and may
include such other means of electronic notification, such as
social media or targeted online campaigns, as determined by the
Secretary.
(b) Notification by Manufacturer.--Section 30118(c) is amended by
inserting ``or electronic mail'' after ``certified mail''.
(c) Recall Completion Rates Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and biennially thereafter for 4 years,
the Secretary shall--
(A) conduct an analysis of vehicle safety recall
completion rates to assess potential actions by the
National Highway Traffic Safety Administration to
improve vehicle safety recall completion rates; and
(B) submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives a
report on the results of the analysis.
(2) Contents.--Each report shall include--
(A) the annual recall completion rate by
manufacturer, model year, component (such as brakes,
fuel systems, and air bags), and vehicle type
(passenger car, sport utility vehicle, passenger van,
and pick-up truck) for each of the 5 years before the
year the report is submitted;
(B) the methods by which the Secretary has
conducted analyses of these recall completion rates to
determine trends and identify risk factors associated
with lower recall rates; and
(C) the actions the Secretary has planned to
improve recall completion rates based on the results of
this data analysis.
(d) Inspector General Audit of Vehicle Recalls.--
(1) In general.--The Department of Transportation Inspector
General shall conduct an audit of the National Highway Traffic
Safety Administration's management of vehicle safety recalls.
(2) Contents.--The audit shall include a determination of
whether the National Highway Traffic Safety Administration--
(A) appropriately monitors recalls to ensure the
appropriateness of scope and adequacy of recall
completion rates and remedies;
(B) ensures manufacturers provide safe remedies, at
no cost to consumers;
(C) is capable of coordinating recall remedies and
processes; and
(D) can improve its policy on consumer notice to
combat effects of recall fatigue.
SEC. 24105. PILOT GRANT PROGRAM FOR STATE NOTIFICATION TO CONSUMERS OF
MOTOR VEHICLE RECALL STATUS.
(a) In General.--Not later than October 1, 2016, the Secretary
shall implement a 2-year pilot program to evaluate the feasibility and
effectiveness of a State process for informing consumers of open motor
vehicle recalls at the time of motor vehicle registration in the State.
(b) Grants.--To carry out this program, the Secretary may make a
grant to each eligible State, but not more than 6 eligible States in
total, that agrees to comply with the requirements under subsection
(c). Funds made available to a State under this section shall be used
by the State for the pilot program described in subsection (a).
(c) Eligibility.--To be eligible for a grant, a State shall--
(1) submit an application in such form and manner as the
Secretary prescribes;
(2) agree to notify, at the time of registration, each
owner or lessee of a motor vehicle presented for registration
in the State of any open recall on that vehicle;
(3) provide the open motor vehicle recall information at no
cost to each owner or lessee of a motor vehicle presented for
registration in the State; and
(4) provide such other information as the Secretary may
require.
(d) Awards.--In selecting an applicant for an award under this
section, the Secretary shall consider the State's methodology for
determining open recalls on a motor vehicle, for informing consumers of
the open recalls, and for determining performance.
(e) Performance Period.--Each grant awarded under this section
shall require a 2-year performance period.
(f) Report.--Not later than 90 days after the completion of the
performance period under subsection (e), a grantee shall provide to the
Secretary a report of performance containing such information as the
Secretary considers necessary to evaluate the extent to which open
recalls have been remedied.
(g) Evaluation.--Not later than 180 days after the completion of
the pilot program, the Secretary shall evaluate the extent to which
open recalls identified have been remedied.
(h) Definitions.--In this section:
(1) Consumer.--The term ``consumer'' includes owner and
lessee.
(2) Motor vehicle.--The term ``motor vehicle'' has the
meaning given the term under section 30102(a) of title 49,
United States Code.
(3) Open recall.--The term ``open recall'' means a recall
for which a notification by a manufacturer has been provided
under section 30119 of title 49, United States Code, and that
has not been remedied under section 30120 of that title.
(4) Registration.--The term ``registration'' means the
process for registering motor vehicles in the State.
(5) State.--The term ``State'' has the meaning given the
term under section 101(a) of title 23, United States Code.
SEC. 24106. RECALL OBLIGATIONS UNDER BANKRUPTCY.
Section 30120A is amended by striking ``chapter 11 of title 11,''
and inserting ``chapter 7 or chapter 11 of title 11''.
SEC. 24107. DEALER REQUIREMENT TO CHECK FOR OPEN RECALL.
Section 30120(f) is amended--
(1) by inserting ``(1) In general.--'' before ``A
manufacturer'' and indenting appropriately;
(2) in paragraph (1), as redesignated, by striking the
period at the end and inserting the following: ``if--
``(A) at the time of providing service for each of
the manufacturer's motor vehicles it services, the
dealer notifies the owner or the individual requesting
the service of any open recall; and
``(B) the notification requirement under
subparagraph (A) is specified in a franchise,
operating, or other agreement between the dealer and
the manufacturer.''; and
(3) by adding at the end the following:
``(2) Definition of open recall.--In this subsection, the
term `open recall' means a recall for which a notification by a
manufacturer has been provided under section 30119 and that has
not been remedied under this section.''.
SEC. 24108. EXTENSION OF TIME PERIOD FOR REMEDY OF TIRE DEFECTS.
Section 30120(b) of title 49, United States Code, is amended--
(1) in paragraph (1), by striking ``60 days'' and inserting
``180 days''; and
(2) in paragraph (2), by striking ``60-day'' each place it
appears and inserting ``180-day''.
SEC. 24109. RENTAL CAR SAFETY.
(a) Short Title.--This section may be cited as the ``Raechel and
Jacqueline Houck Safe Rental Car Act of 2015''.
(b) Definitions.--Section 30102(a) is amended--
(1) by redesignating paragraphs (10) and (11) as paragraphs
(12) and (13), respectively;
(2) by redesignating paragraphs (1) through (9) as
paragraphs (2) through (10), respectively;
(3) by inserting before paragraph (2), as redesignated, the
following:
``(1) `covered rental vehicle' means a motor vehicle that--
``(A) has a gross vehicle weight rating of 10,000
pounds or less;
``(B) is rented without a driver for an initial
term of less than 4 months; and
``(C) is part of a motor vehicle fleet of 5 or more
motor vehicles that are used for rental purposes by a
rental company.''; and
(4) by inserting after paragraph (10), as redesignated, the
following:
``(11) `rental company' means a person who--
``(A) is primarily engaged in the business of
renting covered rental vehicles; and
``(B) uses for rental purposes a motor vehicle
fleet of 5 or more covered rental vehicles.''.
(c) Remedies for Defects and Noncompliance.--Section 30120(i) is
amended--
(1) in the subsection heading, by adding ``, or Rental'' at
the end;
(2) in paragraph (1)--
(A) by striking ``(1) If notification'' and
inserting the following:
``(1) In general.--If notification'';
(B) by indenting subparagraphs (A) and (B) four ems
from the left margin;
(C) by inserting ``or the manufacturer has provided
to a rental company notification about a covered rental
vehicle in the company's possession at the time of
notification'' after ``time of notification'';
(D) by striking ``the dealer may sell or lease,''
and inserting ``the dealer or rental company may sell,
lease, or rent''; and
(E) in subparagraph (A), by striking ``sale or
lease'' and inserting ``sale, lease, or rental
agreement'';
(3) by amending paragraph (2) to read as follows:
``(2) Rule of construction.--Nothing in this subsection may
be construed to prohibit a dealer or rental company from
offering the vehicle or equipment for sale, lease, or rent.'';
and
(4) by adding at the end the following:
``(3) Specific rules for rental companies.--
``(A) In general.--Except as otherwise provided
under this paragraph, a rental company shall comply
with the limitations on sale, lease, or rental set
forth in subparagraph (C) and paragraph (1) as soon as
practicable, but not later than 24 hours after the
earliest receipt of the notice to owner under
subsection (b) or (c) of section 30118 (including the
vehicle identification number for the covered vehicle)
by the rental company, whether by electronic means or
first class mail.
``(B) Special rule for large vehicle fleets.--
Notwithstanding subparagraph (A), if a rental company
receives a notice to owner covering more than 5,000
motor vehicles in its fleet, the rental company shall
comply with the limitations on sale, lease, or rental
set forth in subparagraph (C) and paragraph (1) as soon
as practicable, but not later than 48 hours after the
earliest receipt of the notice to owner under
subsection (b) or (c) of section 30118 (including the
vehicle identification number for the covered vehicle)
by the rental company, whether by electronic means or
first class mail.
``(C) Special rule for when remedies not
immediately available.--If a notification required
under subsection (b) or (c) of section 30118 indicates
that the remedy for the defect or noncompliance is not
immediately available and specifies actions to
temporarily alter the vehicle that eliminate the safety
risk posed by the defect or noncompliance, the rental
company, after causing the specified actions to be
performed, may rent (but may not sell or lease) the
motor vehicle. Once the remedy for the rental vehicle
becomes available to the rental company, the rental
company may not rent the vehicle until the vehicle has
been remedied, as provided in subsection (a).
``(D) Inapplicability to junk automobiles.--
Notwithstanding paragraph (1), this subsection does not
prohibit a rental company from selling a covered rental
vehicle if such vehicle--
``(i) meets the definition of a junk
automobile under section 201 of the Anti-Car
Theft Act of 1992 (49 U.S.C. 30501);
``(ii) is retitled as a junk automobile
pursuant to applicable State law; and
``(iii) is reported to the National Motor
Vehicle Information System, if required under
section 204 of such Act (49 U.S.C. 30504).''.
(d) Making Safety Devices and Elements Inoperative.--Section
30122(b) is amended by inserting ``rental company,'' after ``dealer,''
each place such term appears.
(e) Inspections, Investigations, and Records.--Section 30166 is
amended--
(1) in subsection (c)(2), by striking ``or dealer'' each
place such term appears and inserting ``dealer, or rental
company'';
(2) in subsection (e), by striking ``or dealer'' each place
such term appears and inserting ``dealer, or rental company'';
and
(3) in subsection (f), by striking ``or to owners'' and
inserting ``, rental companies, or other owners''.
(f) Research Authority.--The Secretary of Transportation may
conduct a study of--
(1) the effectiveness of the amendments made by this
section; and
(2) other activities of rental companies (as defined in
section 30102(a)(11) of title 49, United States Code) related
to their use and disposition of motor vehicles that are the
subject of a notification required under section 30118 of title
49, United States Code.
(g) Study.--
(1) Additional requirement.--Section 32206(b)(2) of the
Moving Ahead for Progress in the 21st Century Act (Public Law
112-141; 126 Stat. 785) is amended--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) by redesignating subparagraph (F) as
subparagraph (G); and
(C) by inserting after subparagraph (E) the
following:
``(F) evaluate the completion of safety recall
remedies on rental trucks; and''.
(2) Report.--Section 32206(c) of such Act is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by striking ``Report.--Not later'' and
inserting the following:
``(c) Reports.--
``(1) Initial report.--Not later'';
(C) in paragraph (1), by striking ``subsection
(b)'' and inserting ``subparagraphs (A) through (E) and
(G) of subsection (b)(2)''; and
(D) by adding at the end the following:
``(2) Safety recall remedy report.--Not later than 1 year
after the date of the enactment of the `Raechel and Jacqueline
Houck Safe Rental Car Act of 2015', the Secretary shall submit
a report to the congressional committees set forth in paragraph
(1) that contains--
``(A) the findings of the study conducted pursuant
to subsection (b)(2)(F); and
``(B) any recommendations for legislation that the
Secretary determines to be appropriate.''.
(h) Public Comments.--The Secretary shall solicit comments
regarding the implementation of this section from members of the
public, including rental companies, consumer organizations, automobile
manufacturers, and automobile dealers.
(i) Rule of Construction.--Nothing in this section or the
amendments made by this section--
(1) may be construed to create or increase any liability,
including for loss of use, for a manufacturer as a result of
having manufactured or imported a motor vehicle subject to a
notification of defect or noncompliance under subsection (b) or
(c) of section 30118 of title 49, United States Code; or
(2) shall supersede or otherwise affect the contractual
obligations, if any, between such a manufacturer and a rental
company (as defined in section 30102(a) of title 49, United
States Code).
(j) Rulemaking.--The Secretary may promulgate rules, as
appropriate, to implement this section and the amendments made by this
section.
(k) Effective Date.--The amendments made by this section shall take
effect on the date that is 180 days after the date of enactment of this
Act.
SEC. 24110. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF MOTOR VEHICLE
SAFETY.
(a) Increase in Civil Penalties.--Section 30165(a) is amended--
(1) in paragraph (1)--
(A) by striking ``$5,000'' and inserting
``$21,000''; and
(B) by striking ``$35,000,000'' and inserting
``$105,000,000''; and
(2) in paragraph (3)--
(A) by striking ``$5,000'' and inserting
``$21,000''; and
(B) by striking ``$35,000,000'' and inserting
``$105,000,000''.
(b) Effective Date.--The amendments made by subsection (a) of this
section take effect on the date that the Secretary certifies to
Congress that the National Highway Traffic Safety Administration has
issued the final rule required by section 31203(b) of the Moving Ahead
for Progress In the 21st Century Act (Public Law 112-141; 126 Stat.
758; 49 U.S.C. 30165 note).
(c) Publication of Effective Date.--The Secretary shall publish
notice of the effective date under subsection (b) of this section in
the Federal Register.
SEC. 24111. ELECTRONIC ODOMETER DISCLOSURES.
Section 32705(g) is amended--
(1) by inserting ``(1)'' before ``Not later than'' and
indenting appropriately; and
(2) by adding at the end the following:
``(2) Notwithstanding paragraph (1) and subject to
paragraph (3), a State, without approval from the Secretary
under subsection (d), may allow for written disclosures or
notices and related matters to be provided electronically if--
``(A) in compliance with--
``(i) the requirements of subchapter 1 of
chapter 96 of title 15; or
``(ii) the requirements of a State law
under section 7002(a) of title 15; and
``(B) the disclosures or notices otherwise meet the
requirements under this section, including appropriate
authentication and security measures.
``(3) Paragraph (2) ceases to be effective on the date the
regulations under paragraph (1) become effective.''.
SEC. 24112. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS.
Section 30166(o) is amended--
(1) in paragraph (1), by striking ``may'' and inserting
``shall''; and
(2) by adding at the end the following:
``(3) Deadline.--Not later than 1 year after the date of
enactment of the Comprehensive Transportation and Consumer
Protection Act of 2015, the Secretary shall issue a final rule
under paragraph (1).''.
SEC. 24113. DIRECT VEHICLE NOTIFICATION OF RECALLS.
(a) Recall Notification Report.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall issue a report on
the feasibility of a technical system that would operate in each new
motor vehicle to indicate when the vehicle is subject to an open
recall.
(b) Definition of Open Recall.--In this section the term ``open
recall'' means a recall for which a notification by a manufacturer has
been provided under section 30119 of title 49, United States Code, and
that has not been remedied under section 30120 of that title.
SEC. 24114. UNATTENDED CHILDREN WARNING.
Section 31504(a) of the Moving Ahead for Progress in the 21st
Century Act (49 U.S.C. 30111 note) is amended by striking ``may'' and
inserting ``shall''.
SEC. 24115. TIRE PRESSURE MONITORING SYSTEM.
(a) Proposed Rule.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall publish a proposed rule that
updates the standards pertaining to tire pressure monitoring systems to
ensure that a tire pressure monitoring system that is installed in a
new motor vehicle after the effective date of the revised standards
cannot, to a level other than a safe pressure level, be--
(1) overridden;
(2) reset; or
(3) recalibrated.
(b) Safe Pressure Level.--For the purposes of subsection (a), the
term ``safe pressure level'' shall mean a pressure level consistent
with the TPMS detection requirements contained in S4.2(a) of section
571.138 of title 49, Code of Federal Regulations, or any corresponding
similar regulation or ruling.
(c) Final Rule.--Not later than 2 years after the date of enactment
of this Act, after providing the public with sufficient opportunity for
notice and comment on the proposed rule published under subsection (a),
the Secretary shall issue a final rule on the subject described in
subsection (a).
SEC. 24116. AVAILABILITY OF CERTAIN INFORMATION ON MOTOR VEHICLE
EQUIPMENT.
Section 30118 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Information on Defective or Noncompliant Parts.--
``(1) Provision of information by suppliers.--A supplier of
parts that are determined to be defective or noncompliant by
the Secretary under subsection (a) or (b) shall identify all
parts that are subject to the recall and provide to the
Secretary and each affected manufacturer, not later than 3
business days after receiving notification of the
determination, for each affected part--
``(A) all part names;
``(B) all part numbers; and
``(C) a description of the part.
``(2) Provision of information by manufacturers.--Upon
receipt of notification of a determination by the Secretary
under subsection (a) or (b) or notification from a supplier of
parts under paragraph (1), a manufacturer of motor vehicles
shall--
``(A) identify the vehicle identification number
for each affected vehicle; and
``(B) not later than 5 business days after
receiving such notification, provide to the Secretary,
in a searchable format determined by the Secretary--
``(i) the vehicle identification numbers
identified under subparagraph (A); and
``(ii) the specific part names, numbers,
and descriptions used by the manufacturer for
all affected parts the sale or lease of which
is prohibited by section 30120(j).
``(3) Availability of information on the internet.--In the
case of information provided by a manufacturer under paragraph
(2)(B), the Secretary shall make such information available, or
require the manufacturer to make such information available, on
an Internet website that may be accessed by any person who
sells or leases motor vehicle equipment for purposes of
assisting such person in complying with section 30120(j). Such
information shall be made available in real-time or near-real-
time as provided under paragraph (2)(B) and at no cost to the
person obtaining access.
``(g) Information on Original Equipment.--Not later than July 31,
2016, a manufacturer of motor vehicles shall make available on an
Internet website information about the original equipment contained in
such vehicles, which shall include--
``(1) all parts or component numbers for such equipment;
and
``(2) specific part names and descriptions associated with
each manufacturer vehicle identification number.''.
Subtitle B--Research and Development and Vehicle Electronics
SEC. 24201. REPORT ON OPERATIONS OF THE COUNCIL FOR VEHICLE
ELECTRONICS, VEHICLE SOFTWARE, AND EMERGING TECHNOLOGIES.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report regarding the operations of
the Council for Vehicle Electronics, Vehicle Software, and Emerging
Technologies established under section 31401 of the Moving Ahead for
Progress in the 21st Century Act (49 U.S.C. 105 note). The report shall
include information about the accomplishments of the Council, the role
of the Council in integrating and aggregating electronic and emerging
technologies expertise across the National Highway Traffic Safety
Administration, the role of the Council in coordinating with other
Federal agencies, and the priorities of the Council over the next 5
years.
SEC. 24202. COOPERATION WITH FOREIGN GOVERNMENTS.
(a) Title 49 Amendment.--Section 30182(b) is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following:
``(6) in coordination with Department of State, enter into
cooperative agreements and collaborative research and
development agreements with foreign governments.''.
(b) Title 23 Amendment.--Section 403 of title 23, United States
Code, is amended--
(1) in subsection (b)(2)(C), by inserting ``foreign
government (in coordination with the Department of State)''
after ``institution,''; and
(2) in subsection (c)(1)(A), by inserting ``foreign
governments,'' after ``local governments,''.
(c) Audit.--The Department of Transportation Inspector General
shall conduct an audit of the Secretary of Transportation's management
and oversight of cooperative agreements and collaborative research and
development agreements, including any cooperative agreements between
the Secretary of Transportation and foreign governments under section
30182(b)(6) of title 49, United States Code, and subsections (b)(2)(C)
and (c)(1)(A) of title 23, United States Code.
Subtitle C--Miscellaneous Provisions
PART I--DRIVER PRIVACY ACT OF 2015
SEC. 24301. SHORT TITLE.
This part may be cited as the ``Driver Privacy Act of 2015''.
SEC. 24302. LIMITATIONS ON DATA RETRIEVAL FROM VEHICLE EVENT DATA
RECORDERS.
(a) Ownership of Data.--Any data retained by an event data recorder
(as defined in section 563.5 of title 49, Code of Federal Regulations),
regardless of when the motor vehicle in which it is installed was
manufactured, is the property of the owner, or, in the case of a leased
vehicle, the lessee of the motor vehicle in which the event data
recorder is installed.
(b) Privacy.--Data recorded or transmitted by an event data
recorder described in subsection (a) may not be accessed by a person
other than an owner or a lessee of the motor vehicle in which the event
data recorder is installed unless--
(1) a court or other judicial or administrative authority
having jurisdiction--
(A) authorizes the retrieval of the data; and
(B) to the extent that there is retrieved data, the
data is subject to the standards for admission into
evidence required by that court or other administrative
authority;
(2) an owner or a lessee of the motor vehicle provides
written, electronic, or recorded audio consent to the retrieval
of the data for any purpose, including the purpose of
diagnosing, servicing, or repairing the motor vehicle, or by
agreeing to a subscription that describes how data will be
retrieved and used;
(3) the data is retrieved pursuant to an investigation or
inspection authorized under section 1131(a) or 30166 of title
49, United States Code, and the personally identifiable
information of an owner or a lessee of the vehicle and the
vehicle identification number is not disclosed in connection
with the retrieved data, except that the vehicle identification
number may be disclosed to the certifying manufacturer;
(4) the data is retrieved for the purpose of determining
the need for, or facilitating, emergency medical response in
response to a motor vehicle crash; or
(5) the data is retrieved for traffic safety research, and
the personally identifiable information of an owner or a lessee
of the vehicle and the vehicle identification number is not
disclosed in connection with the retrieved data.
SEC. 24303. VEHICLE EVENT DATA RECORDER STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the National Highway Traffic Safety
Administration shall submit to Congress a report that contains the
results of a study conducted by the Administrator to determine the
amount of time event data recorders installed in passenger motor
vehicles should capture and record for retrieval vehicle-related data
in conjunction with an event in order to provide sufficient information
to investigate the cause of motor vehicle crashes.
(b) Rulemaking.--Not later than 2 years after submitting the report
required under subsection (a), the Administrator of the National
Highway Traffic Safety Administration shall promulgate regulations to
establish the appropriate period during which event data recorders
installed in passenger motor vehicles may capture and record for
retrieval vehicle-related data to the time necessary to provide
accident investigators with vehicle-related information pertinent to
crashes involving such motor vehicles.
PART II--SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015
SEC. 24321. SHORT TITLE.
This part may be cited as the ``Safety Through Informed Consumers
Act of 2015''.
SEC. 24322. PASSENGER MOTOR VEHICLE INFORMATION.
Section 32302 is amended by inserting after subsection (b) the
following:
``(c) Crash Avoidance.--Not later than 1 year after the date of
enactment of the Safety Through Informed Consumers Act of 2015, the
Secretary shall promulgate a rule to ensure that crash avoidance
information is indicated next to crashworthiness information on
stickers placed on motor vehicles by their manufacturers.''.
PART III--TIRE EFFICIENCY, SAFETY, AND REGISTRATION ACT OF 2015
SEC. 24331. SHORT TITLE.
This part may be cited as the ``Tire Efficiency, Safety, and
Registration Act of 2015'' or the ``TESR Act''.
SEC. 24332. TIRE FUEL EFFICIENCY MINIMUM PERFORMANCE STANDARDS.
Section 32304A is amended--
(1) in the section heading, by inserting ``and standards''
after ``consumer tire information'';
(2) in subsection (a)--
(A) in the heading, by striking ``Rulemaking'' and
inserting ``Consumer Tire Information''; and
(B) in paragraph (1), by inserting ``(referred to
in this section as the `Secretary')'' after ``Secretary
of Transportation'';
(3) by redesignating subsections (b) through (e) as
subsections (e) though (h), respectively; and
(4) by inserting after subsection (a) the following:
``(b) Promulgation of Regulations for Tire Fuel Efficiency Minimum
Performance Standards.--
``(1) In general.--The Secretary, after consultation with
the Secretary of Energy and the Administrator of the
Environmental Protection Agency, shall promulgate regulations
for tire fuel efficiency minimum performance standards for--
``(A) passenger car tires with a maximum speed
capability equal to or less than 149 miles per hour or
240 kilometers per hour; and
``(B) passenger car tires with a maximum speed
capability greater than 149 miles per hour or 240
kilometers per hour.
``(2) Tire fuel efficiency minimum performance standards.--
``(A) Standard basis and test procedures.--The
minimum performance standards promulgated under
paragraph (1) shall be expressed in terms of the
rolling resistance coefficient measured using the test
procedure specified in section 575.106 of title 49,
Code of Federal Regulations (as in effect on the date
of enactment of this Act).
``(B) No disparate effect on high performance
tires.--The Secretary shall ensure that the minimum
performance standards promulgated under paragraph (1)
will not have a disproportionate effect on passenger
car high performance tires with a maximum speed
capability greater than 149 miles per hour or 240
kilometers per hour.
``(C) Applicability.--
``(i) In general.--This subsection applies
to new pneumatic tires for use on passenger
cars.
``(ii) Exceptions.--This subsection does
not apply to light truck tires, deep tread
tires, winter-type snow tires, space-saver or
temporary use spare tires, or tires with
nominal rim diameters of 12 inches or less.
``(c) Promulgation of Regulations for Tire Wet Traction Minimum
Performance Standards.--
``(1) In general.--The Secretary shall promulgate
regulations for tire wet traction minimum performance standards
to ensure that passenger tire wet traction capability is not
reduced to achieve improved tire fuel efficiency.
``(2) Tire wet traction minimum performance standards.--
``(A) Basis of standard.--The minimum performance
standards promulgated under paragraph (1) shall be
expressed in terms of peak coefficient of friction.
``(B) Test procedures.--Any test procedure
promulgated under this subsection shall be consistent
with any test procedure promulgated under subsection
(a).
``(C) Benchmarking.--The Secretary shall conduct
testing to benchmark the wet traction performance of
tire models available for sale in the United States as
of the date of enactment of this Act to ensure that the
minimum performance standards promulgated under
paragraph (1) are tailored to--
``(i) tires sold in the United States; and
``(ii) the needs of consumers in the United
States.
``(D) Applicability.--
``(i) In general.--This subsection applies
to new pneumatic tires for use on passenger
cars.
``(ii) Exceptions.--This subsection does
not apply to light truck tires, deep tread
tires, winter-type snow tires, space-saver or
temporary use spare tires, or tires with
nominal rim diameters of 12 inches or less.
``(d) Coordination Among Regulations.--
``(1) Compatibility.--The Secretary shall ensure that the
test procedures and requirements promulgated under subsections
(a), (b), and (c) are compatible and consistent.
``(2) Combined effect of rules.--The Secretary shall
evaluate the regulations promulgated under subsections (b) and
(c) to ensure that compliance with the minimum performance
standards promulgated under subsection (b) will not diminish
wet traction performance of affected tires.
``(3) Rulemaking deadlines.--The Secretary shall
promulgate--
``(A) the regulations under subsections (b) and (c)
not later than 24 months after the date of enactment of
this Act; and
``(B) the regulations under subsection (c) not
later than the date of promulgation of the regulations
under subsection (b).''.
SEC. 24333. TIRE REGISTRATION BY INDEPENDENT SELLERS.
Section 30117(b) is amended by striking paragraph (3) and inserting
the following:
``(3) Rulemaking.--
``(A) In general.--The Secretary shall initiate a
rulemaking to require a distributor or dealer of tires
that is not owned or controlled by a manufacturer of
tires to maintain records of--
``(i) the name and address of tire
purchasers and lessors and information
identifying the tire that was purchased or
leased; and
``(ii) any additional records the Secretary
considers appropriate.
``(B) Electronic transmission.--The rulemaking
carried out under subparagraph (A) shall require a
distributor or dealer of tires that is not owned or
controlled by a manufacturer of tires to electronically
transmit the records described in clauses (i) and (ii)
of subparagraph (A) to the manufacturer of the tires or
the designee of the manufacturer by secure means at no
cost to tire purchasers or lessors.
``(C) Satisfaction of requirements.--A regulation
promulgated under subparagraph (A) may be considered to
satisfy the requirements of paragraph (2)(B).''.
SEC. 24334. TIRE RECALL DATABASE.
(a) In General.--The Secretary shall establish a publicly available
and searchable electronic database of tire recall information that is
reported to the Administrator of the National Highway Traffic Safety
Administration.
(b) Tire Identification Number.--The database established under
subsection (a) shall be searchable by Tire Identification Number (TIN)
and any other criteria that assists consumers in determining whether a
tire is subject to a recall.
PART IV--ALTERNATIVE FUEL VEHICLES
SEC. 24341. REGULATION PARITY FOR ELECTRIC AND NATURAL GAS VEHICLES.
(a) In General.--In promulgating regulations, the Administrator of
the Environmental Protection Administration shall ensure that any
preference or incentive provided to an electric vehicle is also
provided to a natural gas vehicle.
(b) Revision of Existing Regulations.--Not later than 180 days
after the date of enactment of this Act, the Administrator shall revise
any regulations of the Administrator in existence as of that date
concerning electric vehicles as necessary to ensure that the
regulations conform to subsection (a).
Subtitle D--Additional Motor Vehicle Provisions
SEC. 24401. REQUIRED REPORTING OF NHTSA AGENDA.
Not later than December 1 of the year beginning after the date of
enactment of this Act, and each year thereafter, the Administrator of
the National Highway Traffic Safety Administration shall publish on the
public website of the Administration, and file with the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate an annual plan
for the following calendar year detailing the Administration's
projected activities, including--
(1) the Administrator's policy priorities;
(2) any rulemakings projected to be commenced;
(3) any plans to develop guidelines;
(4) any plans to restructure the Administration or to
establish or alter working groups;
(5) any planned projects or initiatives of the
Administration, including the working groups and advisory
committees of the Administration; and
(6) any projected dates or timetables associated with any
of the items described in paragraphs (1) through (5).
SEC. 24402. APPLICATION OF REMEDIES FOR DEFECTS AND NONCOMPLIANCE.
Section 30120(g)(1) of title 49, United States Code, is amended by
striking ``10 calendar years'' and inserting ``15 calendar years''.
SEC. 24403. RETENTION OF SAFETY RECORDS BY MANUFACTURERS.
(a) Rule.--Not later than 18 months after the date of enactment of
this Act, the Secretary of Transportation shall issue a final rule
pursuant to section 30117 of title 49, United States Code, requiring
each manufacturer of motor vehicles or motor vehicle equipment to
retain all motor vehicle safety records required to be maintained by
manufacturers under section 576.6 of title 49, Code of Federal
Regulations, for a period of not less than 10 calendar years from the
date on which they were generated or acquired by the manufacturer.
(b) Application.--The rule required by subsection (a) shall apply
with respect to any record described in such subsection that is in the
possession of a manufacturer on the effective date of such rule.
SEC. 24404. NONAPPLICATION OF PROHIBITIONS RELATING TO NONCOMPLYING
MOTOR VEHICLES TO VEHICLES USED FOR TESTING OR
EVALUATION.
Section 30112(b) of title 49, United States Code, is amended--
(1) in paragraph (8), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (9), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(10) the introduction of a motor vehicle in interstate
commerce solely for purposes of testing or evaluation by a
manufacturer that prior to the date of enactment of this
paragraph--
``(A) has manufactured and distributed motor
vehicles into the United States that are certified to
comply with all applicable Federal motor vehicle safety
standards;
``(B) has submitted to the Secretary appropriate
manufacturer identification information under part 566
of title 49, Code of Federal Regulations;
``(C) if applicable, has identified an agent for
service of process in accordance with part 551 of such
title; and
``(D) agrees not to sell or offer for sale the
motor vehicle at the conclusion of the testing or
evaluation.''.
SEC. 24405. TREATMENT OF LOW-VOLUME MANUFACTURERS.
(a) Exemption From Vehicle Safety Standards for Low-Volume
Manufacturers.--Section 30114 of title 49, United States Code, is
amended--
(1) by striking ``The'' and inserting ``(a) Vehicles Used
for Particular Purposes.--The''; and
(2) by adding at the end the following new subsection:
``(b) Exemption for Low-Volume Manufacturers.--
``(1) In general.--The Secretary shall--
``(A) exempt from section 30112(a) of this title
not more than 500 replica motor vehicles per year that
are manufactured or imported by a low-volume
manufacturer; and
``(B) except as provided in paragraph (4) of this
subsection, limit any such exemption to the Federal
Motor Vehicle Safety Standards applicable to motor
vehicles and not motor vehicle equipment.
``(2) Registration requirement.--To qualify for an
exemption under paragraph (1), a low-volume manufacturer shall
register with the Secretary at such time, in such manner, and
under such terms that the Secretary determines appropriate. The
Secretary shall establish terms that ensure that no person may
register as a low-volume manufacturer if the person is
registered as an importer under section 30141 of this title.
``(3) Permanent label requirement.--
``(A) In general.--The Secretary shall require a
low-volume manufacturer to affix a permanent label to a
motor vehicle exempted under paragraph (1) that
identifies the specified standards and regulations for
which such vehicle is exempt from section 30112(a) and
designates the model year such vehicle replicates.
``(B) Written notice.--The Secretary may require a
low-volume manufacturer of a motor vehicle exempted
under paragraph (1) to deliver written notice of the
exemption to--
``(i) the dealer; and
``(ii) the first purchaser of the motor
vehicle, if the first purchaser is not an
individual that purchases the motor vehicle for
resale.
``(C) Reporting requirement.--A low-volume
manufacturer shall annually submit a report to the
Secretary including the number and description of the
motor vehicles exempted under paragraph (1) and a list
of the exemptions described on the label affixed under
subparagraph (A).
``(4) Effect on other provisions.--Any motor vehicle
exempted under this subsection shall also be exempted from
sections 32304, 32502, and 32902 of this title and from section
3 of the Automobile Information Disclosure Act (15 U.S.C.
1232).
``(5) Limitation and public notice.--The Secretary shall
have 60 days to review and approve a registration submitted
under paragraph (2). Any registration not approved or denied
within 60 days after submission shall be deemed approved. The
Secretary shall have the authority to revoke an existing
registration based on a failure to comply with requirements set
forth in this subsection. The registrant shall be provided a
reasonable opportunity to correct all deficiencies, if such are
correctable based on the sole discretion of the Secretary. An
exemption granted by the Secretary to a low-volume manufacturer
under this subsection may not be transferred to any other
person, and shall expire at the end of the calendar year for
which it was granted with respect to any volume authorized by
the exemption that was not applied by the low-volume
manufacturer to vehicles built during that calendar year. The
Secretary shall maintain an up-to-date list of registrants on
an annual basis and publish such list in the Federal Register
or on a website operated by the Secretary.
``(6) Limitation of liability for original manufacturers,
licensors or owners of product configuration, trade dress, or
design patents.--The original manufacturer, its successor or
assignee, or current owner, who grants a license or otherwise
transfers rights to a low-volume manufacturer shall incur no
liability to any person or entity under Federal or State
statute, regulation, local ordinance, or under any Federal or
State common law for such license or assignment to a low-volume
manufacturer.
``(7) Definitions.--In this subsection:
``(A) Low-volume manufacturer.--The term `low-
volume manufacturer' means a motor vehicle
manufacturer, other than a person who is registered as
an importer under section 30141 of this title, whose
annual worldwide production is not more than 5,000
motor vehicles.
``(B) Replica motor vehicle.--The term `replica
motor vehicle' means a motor vehicle produced by a low-
volume manufacturer and that--
``(i) is intended to resemble the body of
another motor vehicle that was manufactured not
less than 25 years before the manufacture of
the replica motor vehicle; and
``(ii) is manufactured under a license for
the product configuration, trade dress,
trademark, or patent, for the motor vehicle
that is intended to be replicated from the
original manufacturer, its successors or
assignees, or current owner of such product
configuration, trade dress, trademark, or
patent rights.''.
(b) Vehicle Emission Compliance Standards for Low-Volume Motor
Vehicle Manufacturers.--Part A of title II of the Clean Air Act (42
U.S.C. 7521 et seq.) is amended--
(1) in section 206(a) by adding at the end the following
new paragraph:
``(5)(A) A motor vehicle engine (including all engine emission
controls) from a motor vehicle that has been granted a certificate of
conformity by the Administrator for the model year in which the motor
vehicle is assembled, or a motor vehicle engine that has been granted
an Executive order subject to regulations promulgated by the California
Air Resources Board for the model year in which the motor vehicle is
assembled, may be installed in an exempted specially produced motor
vehicle, if--
``(i) the manufacturer of the engine supplies written
instructions explaining how to install the engine and maintain
functionality of the engine's emission control system and the
on-board diagnostic system (commonly known as `OBD II'), except
with respect to evaporative emissions diagnostics;
``(ii) the manufacturer of the exempted specially produced
motor vehicle installs the engine in accordance with such
instructions; and
``(iii) the installation instructions include emission
control warranty information from the engine manufacturer in
compliance with section 207, including where warranty repairs
can be made, emission control labels to be affixed to the
vehicle, and the certificate of conformity number for the
applicable vehicle in which the engine was originally intended
or the applicable Executive order number for the engine.
``(B) A motor vehicle containing an engine compliant with the
requirements of subparagraph (A) shall be treated as meeting the
requirements of section 202 applicable to new vehicles manufactured or
imported in the model year in which the exempted specially produced
motor vehicle is assembled.
``(C) Engine installations that are not performed in accordance
with installation instructions provided by the manufacturer and
alterations to the engine not in accordance with the installation
instructions shall--
``(i) be treated as prohibited acts by the installer under
section 203; and
``(ii) subject to civil penalties under the first and third
sentences of section 205(a), civil actions under section
205(b), and administrative assessment of penalties under
section 205(c).
``(D) The manufacturer of an exempted specially produced motor
vehicle that has an engine compliant with the requirements of
subparagraph (A) shall provide to the purchaser of such vehicle all
information received by the manufacturer from the engine manufacturer,
including information regarding emissions warranties from the engine
manufacturer and all emissions-related recalls by the engine
manufacturer.
``(E) To qualify to install an engine under this paragraph, a
manufacturer of exempted specially produced motor vehicles shall
register with the Administrator at such time and in such manner as the
Administrator determines appropriate. The manufacturer shall submit an
annual report to the Administrator that includes--
``(i) a description of the exempted specially produced
motor vehicles and engines installed in such vehicles; and
``(ii) the certificate of conformity number issued to the
motor vehicle in which the engine was originally intended or
the applicable Executive order number for the engine.
``(F) Exempted specially produced motor vehicles compliant with
this paragraph shall be exempted from--
``(i) motor vehicle certification testing under this
section; and
``(ii) vehicle emission control inspection and maintenance
programs required under section 110.
``(G) A person engaged in the manufacturing or assembling of
exempted specially produced motor vehicles shall not be treated as a
manufacturer for purposes of this Act by virtue of such manufacturing
or assembling, so long as such person complies with subparagraphs (A)
through (E).''; and
(2) in section 216 by adding at the end the following new
paragraph:
``(12) Exempted specially produced motor vehicle.--The term
`exempted specially produced motor vehicle' means a replica
motor vehicle that is exempt from specified standards pursuant
to section 30114(b) of title 49, United States Code.''.
(c) Implementation.--Not later than 12 months after the date of
enactment of this Act, the Secretary of Transportation and the
Administrator of the Environmental Protection Agency shall issue such
regulations as may be necessary to implement the amendments made by
subsections (a) and (b), respectively.
SEC. 24406. NO LIABILITY ON THE BASIS OF NHTSA MOTOR VEHICLE SAFETY
GUIDELINES.
Section 30111 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(f) No Liability on the Basis of Motor Vehicle Safety Guidelines
Issued by the Secretary.--(1) No guidelines issued by the Secretary
with respect to motor vehicle safety shall provide a basis for or
evidence of liability in any action against a defendant whose practices
are alleged to be inconsistent with such guidelines. A person who is
subject to any such guidelines may use an alternative approach to that
set forth in such guidelines that complies with any requirement in a
provision of this subtitle, a motor vehicle safety standard issued
under this subtitle, or another relevant statute or regulation.
``(2) No such guidelines shall confer any rights on any person nor
shall operate to bind the Secretary or any person who is subject to
such guidelines to the approach recommended in such guidelines. In any
enforcement action with respect to motor vehicle safety, the Secretary
must prove a violation of a provision of this subtitle, a motor vehicle
safety standard issued under this subtitle, or another relevant statute
or regulation. The Secretary may not build a case against or negotiate
a consent order with any person based in whole or in part on practices
of the person that are alleged to be inconsistent with any such
guidelines.
``(3) A defendant may use compliance with any such guidelines as
evidence of compliance with the provision of this subtitle, motor
vehicle safety standard issued under this subtitle, or other statute or
regulation under which such guidelines were developed.''.
DIVISION C--FINANCE
SEC. 30001. SHORT TITLE.
This division may be cited as the ``Transportation Funding Act of
2015''.
TITLE XXXI--HIGHWAY TRUST FUND AND RELATED TAXES
Subtitle A--Extension of Trust Fund Expenditure Authority and Related
Taxes
SEC. 31101. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY.
(a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``November 21, 2015'' in subsections
(b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1,
2021'', and
(2) by striking ``Surface Transportation Extension Act of
2015'' in subsections (c)(1) and (e)(3) and inserting ``Surface
Transportation Reauthorization and Reform Act of 2015''.
(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
2015'' each place it appears in subsection (b)(2) and inserting
``Surface Transportation Reauthorization and Reform Act of
2015'', and
(2) by striking ``November 21, 2015'' in subsection (d)(2)
and inserting ``October 1, 2021''.
(c) Leaking Underground Storage Tank Trust Fund.--Section
9508(e)(2) of the Internal Revenue Code of 1986 is amended by striking
``November 21, 2015'' and inserting ``October 1, 2021''.
(d) Effective Date.--The amendments made by this section shall take
effect on November 21, 2015.
SEC. 31102. 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 ``September 30,
2016'' and inserting ``September 30, 2023'':
(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 ``October 1, 2016'' and inserting ``October
1, 2023'':
(A) Section 4041(m)(1)(A).
(B) Section 4051(c).
(C) Section 4071(d).
(D) Section 4081(d)(3).
(b) Extension of Tax, Etc., on Use of Certain Heavy Vehicles.--Each
of the following provisions of the Internal Revenue Code of 1986 is
amended by striking ``2017'' each place it appears and inserting
``2024'':
(1) Section 4481(f).
(2) Subsections (c)(4) and (d) of section 4482.
(c) Floor Stocks Refunds.--Section 6412(a)(1) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``October 1, 2016'' each place it appears
and inserting ``October 1, 2023'';
(2) by striking ``March 31, 2017'' each place it appears
and inserting ``March 31, 2024''; and
(3) by striking ``January 1, 2017'' and inserting ``January
1, 2024''.
(d) Extension of Certain Exemptions.--
(1) Section 4221(a) of the Internal Revenue Code of 1986 is
amended by striking ``October 1, 2016'' and inserting ``October
1, 2023''.
(2) Section 4483(i) of such Code is amended by striking
``October 1, 2017'' and inserting ``October 1, 2024''.
(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 ``October 1, 2016'' each
place it appears in paragraphs (1) and (2) and
inserting ``October 1, 2023'';
(ii) by striking ``October 1, 2016'' in the
heading of paragraph (2) and inserting
``October 1, 2023'';
(iii) by striking ``September 30, 2016'' in
paragraph (2) and inserting ``September 30,
2023''; and
(iv) by striking ``July 1, 2017'' in
paragraph (2) and inserting ``July 1, 2024'';
and
(B) in subsection (c)(2), by striking ``July 1,
2017'' and inserting ``July 1, 2024''.
(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 ``October 1, 2016'' and inserting ``October 1,
2023''.
(B) Conforming amendments to land and water
conservation fund.--Section 200310 of title 54, United
States Code, is amended--
(i) by striking ``October 1, 2017'' each
place it appears and inserting ``October 1,
2024''; and
(ii) by striking ``October 1, 2016'' and
inserting ``October 1, 2023''.
(f) Effective Date.--The amendments made by this section shall take
effect on October 1, 2016.
Subtitle B--Additional Transfers to Highway Trust Fund
SEC. 31201. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND.
Subsection (f) of section 9503 of the Internal Revenue Code of 1986
is amended by redesignating paragraph (8) as paragraph (10) and
inserting after paragraph (7) the following new paragraphs:
``(8) Further transfers to trust fund.--Out of money in the
Treasury not otherwise appropriated, there is hereby
appropriated--
``(A) $25,976,000,000 to the Highway Account (as
defined in subsection (e)(5)(B)) in the Highway Trust
Fund; and
``(B) $9,000,000,000 to the Mass Transit Account in
the Highway Trust Fund.
``(9) Additional 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)(4).''.
SEC. 31202. TRANSFER TO HIGHWAY TRUST FUND OF CERTAIN MOTOR VEHICLE
SAFETY PENALTIES.
(a) In General.--Paragraph (5) of section 9503(b) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``There are hereby'' and inserting the
following:
``(A) In general.--There are hereby'', and
(2) by adding at the end the following new paragraph:
``(B) Penalties related to motor vehicle safety.--
``(i) In general.--There are hereby
appropriated to the Highway Trust Fund amounts
equivalent to covered motor vehicle safety
penalty collections.
``(ii) Covered motor vehicle safety penalty
collections.--For purposes of this
subparagraph, the term `covered motor vehicle
safety penalty collections' means any amount
collected in connection with a civil penalty
under section 30165 of title 49, United States
Code, reduced by any award authorized by the
Secretary of Transportation to be paid to any
person in connection with information provided
by such person related to a violation of
chapter 301 of such title which is a predicate
to such civil penalty.''.
(b) Effective Date.--The amendments made by this section shall
apply to amounts collected after the date of the enactment of this Act.
SEC. 31203. APPROPRIATION FROM LEAKING UNDERGROUND STORAGE TANK TRUST
FUND.
(a) In General.--Subsection (c) of section 9508 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(4) Additional transfer to highway trust fund.--Out of
amounts in the Leaking Underground Storage Tank Trust Fund
there is hereby appropriated--
``(A) on the date of the enactment of the DRIVE
Act, $100,000,000,
``(B) on October 1, 2016, $100,000,000, and
``(C) on October 1, 2017, $100,000,000,
to be transferred under section 9503(f)(9) to the Highway
Account (as defined in section 9503(e)(5)(B)) in the Highway
Trust Fund.''.
(b) Conforming Amendment.--Section 9508(c)(1) of the Internal
Revenue Code of 1986 is amended by striking ``paragraphs (2) and (3)''
and inserting ``paragraphs (2), (3), and (4)''.
TITLE XXXII--OFFSETS
Subtitle A--Tax Provisions
SEC. 32101. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CERTAIN UNPAID
TAXES.
(a) In General.--Subchapter D of chapter 75 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CERTAIN TAX
DELINQUENCIES.
``(a) In General.--If the Secretary receives certification by the
Commissioner of Internal Revenue that any individual has a seriously
delinquent tax debt in an amount in excess of $50,000, the Secretary
shall transmit such certification to the Secretary of State for action
with respect to denial, revocation, or limitation of a passport
pursuant to section 52102(d) of the Transportation Funding Act of 2015.
``(b) Seriously Delinquent Tax Debt.--For purposes of this section,
the term `seriously delinquent tax debt' means an outstanding debt
under this title for which a notice of lien has been filed in public
records pursuant to section 6323 or a notice of levy has been filed
pursuant to section 6331, except that such term does not include--
``(1) a debt that is being paid in a timely manner pursuant
to an agreement under section 6159 or 7122, and
``(2) a debt with respect to which collection is suspended
because a collection due process hearing under section 6330, or
relief under subsection (b), (c), or (f) of section 6015, is
requested or pending.
``(c) Adjustment for Inflation.--In the case of a calendar year
beginning after 2016, the dollar amount in subsection (a) shall be
increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year, determined by
substituting `calendar year 2015' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $1,000, such amount shall be rounded to the next highest
multiple of $1,000.''.
(b) Clerical Amendment.--The table of sections for subchapter D of
chapter 75 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Sec. 7345. Revocation or denial of passport in case of certain tax
delinquencies.''.
(c) Authority for Information Sharing.--
(1) In general.--Subsection (l) of section 6103 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(23) Disclosure of return information to department of
state for purposes of passport revocation under section 7345.--
``(A) In general.--The Secretary shall, upon
receiving a certification described in section 7345,
disclose to the Secretary of State return information
with respect to a taxpayer who has a seriously
delinquent tax debt described in such section. Such
return information shall be limited to--
``(i) the taxpayer identity information
with respect to such taxpayer, and
``(ii) the amount of such seriously
delinquent tax debt.
``(B) Restriction on disclosure.--Return
information disclosed under subparagraph (A) may be
used by officers and employees of the Department of
State for the purposes of, and to the extent necessary
in, carrying out the requirements of section 52102(d)
of the Transportation Funding Act of 2015.''.
(2) Conforming amendment.--Paragraph (4) of section 6103(p)
of such Code is amended by striking ``or (22)'' each place it
appears in subparagraph (F)(ii) and in the matter preceding
subparagraph (A) and inserting ``(22), or (23)''.
(d) Authority To Deny or Revoke Passport.--
(1) Denial.--
(A) In general.--Except as provided under
subparagraph (B), upon receiving a certification
described in section 7345 of the Internal Revenue Code
of 1986 from the Secretary of the Treasury, the
Secretary of State shall not issue a passport to any
individual who has a seriously delinquent tax debt
described in such section.
(B) Emergency and humanitarian situations.--
Notwithstanding subparagraph (A), the Secretary of
State may issue a passport, in emergency circumstances
or for humanitarian reasons, to an individual described
in such subparagraph.
(2) Revocation.--
(A) In general.--The Secretary of State may revoke
a passport previously issued to any individual
described in paragraph (1)(A).
(B) Limitation for return to united states.--If the
Secretary of State decides to revoke a passport under
subparagraph (A), the Secretary of State, before
revocation, may--
(i) limit a previously issued passport only
for return travel to the United States; or
(ii) issue a limited passport that only
permits return travel to the United States.
(3) Hold harmless.--The Secretary of the Treasury and the
Secretary of State shall not be liable to an individual for any
action with respect to a certification by the Commissioner of
Internal Revenue under section 7345 of the Internal Revenue
Code of 1986.
(e) Revocation or Denial of Passport in Case of Individual Without
Social Security Account Number.--
(1) Denial.--
(A) In general.--Except as provided under
subparagraph (B), upon receiving an application for a
passport from an individual that either--
(i) does not include the social security
account number issued to that individual, or
(ii) includes an incorrect or invalid
social security number willfully,
intentionally, negligently, or recklessly
provided by such individual,
the Secretary of State is authorized to deny such
application and is authorized to not issue a passport
to the individual.
(B) Emergency and humanitarian situations.--
Notwithstanding subparagraph (A), the Secretary of
State may issue a passport, in emergency circumstances
or for humanitarian reasons, to an individual described
in subparagraph (A).
(2) Revocation.--
(A) In general.--The Secretary of State may revoke
a passport previously issued to any individual
described in paragraph (1)(A).
(B) Limitation for return to united states.--If the
Secretary of State decides to revoke a passport under
subparagraph (A), the Secretary of State, before
revocation, may--
(i) limit a previously issued passport only
for return travel to the United States; or
(ii) issue a limited passport that only
permits return travel to the United States.
(f) Effective Date.--The provisions of, and amendments made by,
this section shall take effect on January 1, 2016.
SEC. 32102. REFORM OF RULES RELATING TO QUALIFIED TAX COLLECTION
CONTRACTS.
(a) Requirement To Collect Certain Inactive Tax Receivables Under
Qualified Tax Collection Contracts.--Section 6306 of the Internal
Revenue Code of 1986 is amended by redesignating subsections (c)
through (f) as subsections (d) through (g), respectively, and by
inserting after subsection (b) the following new subsection:
``(c) Collection of Inactive Tax Receivables.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary shall enter into one or more qualified tax
collection contracts for the collection of all outstanding
inactive tax receivables.
``(2) Inactive tax receivables.--For purposes of this
section--
``(A) In general.--The term `inactive tax
receivable' means any tax receivable if--
``(i) at any time after assessment, the
Internal Revenue Service removes such
receivable from the active inventory for lack
of resources or inability to locate the
taxpayer,
``(ii) more than \1/3\ of the period of the
applicable statute of limitation has lapsed and
such receivable has not been assigned for
collection to any employee of the Internal
Revenue Service, or
``(iii) in the case of a receivable which
has been assigned for collection, more than 365
days have passed without interaction with the
taxpayer or a third party for purposes of
furthering the collection of such receivable.
``(B) Tax receivable.--The term `tax receivable'
means any outstanding assessment which the Internal
Revenue Service includes in potentially collectible
inventory.''.
(b) Certain Tax Receivables Not Eligible for Collection Under
Qualified Tax Collection Contracts.--Section 6306 of the Internal
Revenue Code of 1986, as amended by subsection (a), is amended by
redesignating subsections (d) through (g) as subsections (e) through
(h), respectively, and by inserting after subsection (c) the following
new subsection:
``(d) Certain Tax Receivables Not Eligible for Collection Under
Qualified Tax Collections Contracts.--A tax receivable shall not be
eligible for collection pursuant to a qualified tax collection contract
if such receivable--
``(1) is subject to a pending or active offer-in-compromise
or installment agreement,
``(2) is classified as an innocent spouse case,
``(3) involves a taxpayer identified by the Secretary as
being--
``(A) deceased,
``(B) under the age of 18,
``(C) in a designated combat zone, or
``(D) a victim of tax-related identity theft,
``(4) is currently under examination, litigation, criminal
investigation, or levy, or
``(5) is currently subject to a proper exercise of a right
of appeal under this title.''.
(c) Contracting Priority.--Section 6306 of the Internal Revenue
Code of 1986, as amended by the preceding provisions of this section,
is amended by redesignating subsection (h) as subsection (i) and by
inserting after subsection (g) the following new subsection:
``(h) Contracting Priority.--In contracting for the services of any
person under this section, the Secretary shall utilize private
collection contractors and debt collection centers on the schedule
required under section 3711(g) of title 31, United States Code,
including the technology and communications infrastructure established
therein, to the extent such private collection contractors and debt
collection centers are appropriate to carry out the purposes of this
section.''.
(d) Disclosure of Return Information.--Section 6103(k) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(11) Qualified tax collection contractors.--Persons
providing services pursuant to a qualified tax collection
contract under section 6306 may, if speaking to a person who
has identified himself or herself as having the name of the
taxpayer to which a tax receivable (within the meaning of such
section) relates, identify themselves as contractors of the
Internal Revenue Service and disclose the business name of the
contractor, and the nature, subject, and reason for the
contact. Disclosures under this paragraph shall be made only in
such situations and under such conditions as have been approved
by the Secretary.''.
(e) Taxpayers Affected by Federally Declared Disasters.--Section
6306 of the Internal Revenue Code of 1986, as amended by the preceding
provisions of this section, is amended by redesignating subsection (i)
as subsection (j) and by inserting after subsection (h) the following
new subsection:
``(i) Taxpayers in Presidentially Declared Disaster Areas.--The
Secretary may prescribe procedures under which a taxpayer determined to
be affected by a Federally declared disaster (as defined by section
165(i)(5)) may request--
``(1) relief from immediate collection measures by
contractors under this section, and
``(2) a return of the inactive tax receivable to the
inventory of the Internal Revenue Service to be collected by an
employee thereof.''.
(f) Report to Congress.--
(1) In general.--Section 6306 of the Internal Revenue Code
of 1986, as amended by the preceding provisions of this
section, is amended by redesignating subsection (j) as
subsection (k) and by inserting after subsection (i) the
following new subsection:
``(j) Report to Congress.--Not later than 90 days after the last
day of each fiscal year (beginning with the first such fiscal year
ending after the date of the enactment of this subsection), the
Secretary shall submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate a report
with respect to qualified tax collection contracts under this section
which shall include--
``(1) annually, with respect to such fiscal year--
``(A) the total number and amount of tax
receivables provided to each contractor for collection
under this section,
``(B) the total amounts collected (and amounts of
installment agreements entered into under subsection
(b)(1)(B)) with respect to each contractor and the
collection costs incurred (directly and indirectly) by
the Internal Revenue Service with respect to such
amounts,
``(C) the impact of such contracts on the total
number and amount of unpaid assessments, and on the
number and amount of assessments collected by Internal
Revenue Service personnel after initial contact by a
contractor,
``(D) the amount of fees retained by the Secretary
under subsection (e) and a description of the use of
such funds, and
``(E) a disclosure safeguard report in a form
similar to that required under section 6103(p)(5), and
``(2) biannually (beginning with the second report
submitted under this subsection)--
``(A) an independent evaluation of contractor
performance, and
``(B) a measurement plan that includes a comparison
of the best practices used by the private collectors to
the collection techniques used by the Internal Revenue
Service and mechanisms to identify and capture
information on successful collection techniques used by
the contractors that could be adopted by the Internal
Revenue Service.''.
(2) Repeal of existing reporting requirements with respect
to qualified tax collection contracts.--Section 881 of the
American Jobs Creation Act of 2004 is amended by striking
subsection (e).
(g) Effective Dates.--
(1) In general.--The amendments made by subsections (a) and
(b) shall apply to tax receivables identified by the Secretary
after the date of the enactment of this Act.
(2) Contracting priority.--The Secretary shall begin
entering into contracts and agreements as described in the
amendment made by subsection (c) within 3 months after the date
of the enactment of this Act.
(3) Disclosures.--The amendment made by subsection (d)
shall apply to disclosures made after the date of the enactment
of this Act.
(4) Procedures; report to congress.--The amendments made by
subsections (e) and (f) shall take effect on the date of the
enactment of this Act.
SEC. 32103. SPECIAL COMPLIANCE PERSONNEL PROGRAM.
(a) In General.--Subsection (e) of section 6306 of the Internal
Revenue Code of 1986, as redesignated by section 52106, is amended by
striking ``for collection enforcement activities of the Internal
Revenue Service'' in paragraph (2) and inserting ``to fund the special
compliance personnel program account under section 6307''.
(b) Special Compliance Personnel Program Account.--Subchapter A of
chapter 64 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new section:
``SEC. 6307. SPECIAL COMPLIANCE PERSONNEL PROGRAM ACCOUNT.
``(a) Establishment of a Special Compliance Personnel Program
Account.--The Secretary shall establish an account within the
Department for carrying out a program consisting of the hiring,
training, and employment of special compliance personnel, and shall
transfer to such account from time to time amounts retained by the
Secretary under section 6306(e)(2).
``(b) Restrictions.--The program described in subsection (a) shall
be subject to the following restrictions:
``(1) No funds shall be transferred to such account except
as described in subsection (a).
``(2) No other funds from any other source shall be
expended for special compliance personnel employed under such
program, and no funds from such account shall be expended for
the hiring of any personnel other than special compliance
personnel.
``(3) Notwithstanding any other authority, the Secretary is
prohibited from spending funds out of such account for any
purpose other than for costs under such program associated with
the employment of special compliance personnel and the
retraining and reassignment of current noncollections personnel
as special compliance personnel, and to reimburse the Internal
Revenue Service or other government agencies for the cost of
administering qualified tax collection contracts under section
6306.
``(c) Reporting.--Not later than March of each year, the
Commissioner of Internal Revenue shall submit a report to the
Committees on Finance and Appropriations of the Senate and the
Committees on Ways and Means and Appropriations of the House of
Representatives consisting of the following:
``(1) For the preceding fiscal year, all funds received in
the account established under subsection (a), administrative
and program costs for the program described in such subsection,
the number of special compliance personnel hired and employed
under the program, and the amount of revenue actually collected
by such personnel.
``(2) For the current fiscal year, all actual and estimated
funds received or to be received in the account, all actual and
estimated administrative and program costs, the number of all
actual and estimated special compliance personnel hired and
employed under the program, and the actual and estimated
revenue actually collected or to be collected by such
personnel.
``(3) For the following fiscal year, an estimate of all
funds to be received in the account, all estimated
administrative and program costs, the estimated number of
special compliance personnel hired and employed under the
program, and the estimated revenue to be collected by such
personnel.
``(d) Definitions.--For purposes of this section--
``(1) Special compliance personnel.--The term `special
compliance personnel' means individuals employed by the
Internal Revenue Service as field function collection officers
or in a similar position, or employed to collect taxes using
the automated collection system or an equivalent replacement
system.
``(2) Program costs.--The term `program costs' means--
``(A) total salaries (including locality pay and
bonuses), benefits, and employment taxes for special
compliance personnel employed or trained under the
program described in subsection (a), and
``(B) direct overhead costs, salaries, benefits,
and employment taxes relating to support staff, rental
payments, office equipment and furniture, travel, data
processing services, vehicle costs, utilities,
telecommunications, postage, printing and reproduction,
supplies and materials, lands and structures, insurance
claims, and indemnities for special compliance
personnel hired and employed under this section.
For purposes of subparagraph (B), the cost of management and
supervision of special compliance personnel shall be taken into
account as direct overhead costs to the extent such costs, when
included in total program costs under this paragraph, do not
represent more than 10 percent of such total costs.''.
(c) Clerical Amendment.--The table of sections for subchapter A of
chapter 64 of the Internal Revenue Code of 1986 is amended by inserting
after the item relating to section 6306 the following new item:
``Sec. 6307. Special compliance personnel program account.''.
(d) Effective Date.--The amendment made by subsection (a) shall
apply to amounts collected and retained by the Secretary after the date
of the enactment of this Act.
Subtitle B--Fees and Receipts
SEC. 32201. ADJUSTMENT FOR INFLATION OF FEES FOR CERTAIN CUSTOMS
SERVICES.
(a) In General.--Section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c) is amended by adding at the
end the following:
``(l) Adjustment of Fees for Inflation.--
``(1) In general.--The Secretary of the Treasury shall
adjust the fees established under subsection (a), and the
limitations on such fees under paragraphs (2), (3), (5), (6),
(8), and (9) of subsection (b), on October 1, 2015, and
annually thereafter, to reflect the percentage (if any) of the
increase in the average of the Consumer Price Index for the
preceding 12-month period compared to the Consumer Price Index
for fiscal year 2014.
``(2) Special rules for calculation of adjustment.--In
adjusting under paragraph (1) the amount of the fees
established under subsection (a), and the limitations on such
fees under paragraphs (2), (3), (5), (6), (8), and (9) of
subsection (b), the Secretary--
``(A) shall round the amount of any increase in the
Consumer Price Index to the nearest dollar; and
``(B) may ignore any such increase of less than 1
percent.
``(3) Consumer price index defined.--For purposes of this
subsection, the term `Consumer Price Index' means the Consumer
Price Index for All Urban Consumers published by the Bureau of
Labor Statistics of the Department of Labor.''.
(b) Deposits Into Customs User Fee Account.--Section 13031(f) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``all fees collected under subsection (a)''
and inserting ``the amount of fees collected under subsection
(a) (determined without regard to any adjustment made under
subsection (l))''; and
(2) in paragraph (3)(A), in the matter preceding clause
(i)--
(A) by striking ``fees collected'' and inserting
``amount of fees collected''; and
(B) by striking ``), each appropriation'' and
inserting ``, and determined without regard to any
adjustment made under subsection (l)), each
appropriation''.
(c) Conforming Amendments.--Section 13031 of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c), as amended
by subsections (a) and (b), is further amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``(subject to adjustment under subsection
(l))'' after ``following fees''; and
(2) in subsection (b)--
(A) in paragraph (2), by inserting ``(subject to
adjustment under subsection (l))'' after ``in fees'';
(B) in paragraph (3), by inserting ``(subject to
adjustment under subsection (l))'' after ``in fees'';
(C) in paragraph (5)(A), by inserting ``(subject to
adjustment under subsection (l))'' after ``in fees'';
(D) in paragraph (6), by inserting ``(subject to
adjustment under subsection (l))'' after ``in fees'';
(E) in paragraph (8)(A)--
(i) in clause (i), by inserting ``or (l)''
after ``subsection (a)(9)(B)''; and
(ii) in clause (ii), by inserting
``(subject to adjustment under subsection
(l))'' after ``$3''; and
(F) in paragraph (9)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by inserting ``and subject to
adjustment under subsection (l)'' after
``Tariff Act of 1930''; and
(II) in clause (ii)(I), by
inserting ``(subject to adjustment
under subsection (l))'' after ``bill of
lading''; and
(ii) in subparagraph (B)(i), by inserting
``(subject to adjustment under subsection
(l))'' after ``bill of lading''.
SEC. 32202. ELIMINATION OF SURPLUS FUNDS OF FEDERAL RESERVE BANKS.
(a) Elimination of Surplus Funds.--Section 7 of the Federal Reserve
Act (12 U.S.C. 289 et seq.) is amended--
(1) in subsection (a)--
(A) in the heading of such subsection, by striking
``and Surplus Funds''; and
(B) in paragraph (2), by striking ``deposited in
the surplus fund of the bank'' and inserting
``transferred to the Board of Governors of the Federal
Reserve System for transfer to the Secretary of the
Treasury for deposit in the general fund of the
Treasury''; and
(2) by striking the first subsection (b) (relating to a
transfer for fiscal year 2000).
(b) Transfer to the Treasury.--The Federal reserve banks shall
transfer all of the funds of the surplus funds of such banks to the
Board of Governors of the Federal Reserve System for transfer to the
Secretary of the Treasury for deposit in the general fund of the
Treasury.
SEC. 32203. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE.
(a) Drawdown and Sale.--
(1) In general.--Notwithstanding section 161 of the Energy
Policy and Conservation Act (42 U.S.C. 6241), except as
provided in subsections (b) and (c), the Secretary of Energy
shall drawdown and sell from the Strategic Petroleum Reserve--
(A) the quantity of barrels of crude oil that the
Secretary of Energy determines to be appropriate to
maximize the financial return to United States
taxpayers for each of fiscal years 2016 and 2017;
(B) 4,000,000 barrels of crude oil during fiscal
year 2018;
(C) 5,000,000 barrels of crude oil during fiscal
year 2019;
(D) 8,000,000 barrels of crude oil during fiscal
year 2020;
(E) 8,000,000 barrels of crude oil during fiscal
year 2021;
(F) 10,000,000 barrels of crude oil during fiscal
year 2022;
(G) 16,000,000 barrels of crude oil during fiscal
year 2023;
(H) 25,000,000 barrels of crude oil during fiscal
year 2024; and
(I) 25,000,000 barrels of crude oil during fiscal
year 2025.
(2) Deposit of amounts received from sale.--Amounts
received from a sale under paragraph (1) shall be deposited in
the general fund of the Treasury during the fiscal year in
which the sale occurs.
(b) Emergency Protection.--In any 1 fiscal year described in
subsection (a)(1), the Secretary of Energy shall not drawdown and sell
crude oil under this section in quantities that would result in a
Strategic Petroleum Reserve that contains an inventory of petroleum
products representing fewer than 90 days of emergency reserves, based
on the average daily level of net imports of crude oil and petroleum
products in the calendar year preceding that fiscal year.
(c) Increase; Limitation.--
(1) Increase.--The Secretary of Energy may increase the
drawdown and sales under subparagraphs (A) through (I) of
subsection (a)(1) as the Secretary of Energy determines to be
appropriate to maximize the financial return to United States
taxpayers.
(2) Limitation.--The Secretary of Energy shall not drawdown
or conduct sales of crude oil under this section after the date
on which a total of $9,050,000,000 has been deposited in the
general fund of the Treasury from sales authorized under this
section.
Subtitle C--Outlays
SEC. 32301. INTEREST ON OVERPAYMENT.
Section 111 of the Federal Oil and Gas Royalty Management Act of
1982 (30 U.S.C. 1721) is amended--
(1) by striking subsections (h) and (i);
(2) by redesignating subsections (j) through (l) as
subsections (h) through (j), respectively; and
(3) in subsection (h) (as so redesignated), by striking the
fourth sentence.
DIVISION D--MISCELLANEOUS
TITLE XLI--FEDERAL PERMITTING IMPROVEMENT
SEC. 41001. DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(2) Agency cerpo.--The term ``agency CERPO'' means the
chief environmental review and permitting officer of an agency,
as designated by the head of the agency under section
41002(b)(2)(A)(iii)(I).
(3) Authorization.--The term ``authorization'' means any
license, permit, approval, finding, determination, or other
administrative decision issued by an agency that is required or
authorized under Federal law in order to site, construct,
reconstruct, or commence operations of a covered project,
whether administered by a Federal or State agency.
(4) Cooperating agency.--The term ``cooperating agency''
means any agency with--
(A) jurisdiction under Federal law; or
(B) special expertise as described in section
1501.6 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
(5) Council.--The term ``Council'' means the Federal
Infrastructure Permitting Improvement Steering Council
established under section 41002(a).
(6) Covered project.--
(A) In general.--The term ``covered project'' means
any activity in the United States that requires
authorization or environmental review by a Federal
agency involving construction of infrastructure for
renewable or conventional energy production,
electricity transmission, surface transportation,
aviation, ports and waterways, water resource projects,
broadband, pipelines, manufacturing, or any other
sector as determined by a majority vote of the Council
that--
(i)(I) is subject to NEPA;
(II) is likely to require a total
investment of more than $200,000,000; and
(III) does not qualify for abbreviated
authorization or environmental review processes
under any applicable law; or
(ii) is subject to NEPA and the size and
complexity of which, in the opinion of the
Council, make the project likely to benefit
from enhanced oversight and coordination,
including a project likely to require--
(I) authorization from or
environmental review involving more
than 2 Federal agencies; or
(II) the preparation of an
environmental impact statement under
NEPA.
(B) Exclusion.--The term ``covered project'' does
not include--
(i) any project subject to section 139 of
title 23, United States Code; or
(ii) any project subject to section 2045 of
the Water Resources Development Act of 2007 (33
U.S.C. 2348).
(7) Dashboard.--The term ``Dashboard'' means the Permitting
Dashboard required under section 41003(b).
(8) Environmental assessment.--The term ``environmental
assessment'' means a concise public document for which a
Federal agency is responsible under section 1508.9 of title 40,
Code of Federal Regulations (or successor regulations).
(9) Environmental document.--
(A) In general.--The term ``environmental
document'' means an environmental assessment, finding
of no significant impact, notice of intent,
environmental impact statement, or record of decision.
(B) Inclusions.--The term ``environmental
document'' includes--
(i) any document that is a supplement to a
document described in subparagraph (A); and
(ii) a document prepared pursuant to a
court order.
(10) Environmental impact statement.--The term
``environmental impact statement'' means the detailed written
statement required under section 102(2)(C) of NEPA.
(11) Environmental review.--The term ``environmental
review'' means the agency procedures and processes for applying
a categorical exclusion or for preparing an environmental
assessment, an environmental impact statement, or other
document required under NEPA.
(12) Executive director.--The term ``Executive Director''
means the Executive Director appointed by the President under
section 41002(b)(1)(A).
(13) Facilitating agency.--The term ``facilitating agency''
means the agency that receives the initial notification from
the project sponsor required under section 41003(a).
(14) Inventory.--The term ``inventory'' means the inventory
of covered projects established by the Executive Director under
section 41002(c)(1)(A).
(15) Lead agency.--The term ``lead agency'' means the
agency with principal responsibility for an environmental
review of a covered project under NEPA and parts 1500 through
1508 of title 40, Code of Federal Regulations (or successor
regulations).
(16) NEPA.--The term ``NEPA'' means the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(17) Participating agency.--The term ``participating
agency'' means an agency participating in an environmental
review or authorization for a covered project in accordance
with section 41003.
(18) Project sponsor.--The term ``project sponsor'' means
an entity, including any private, public, or public-private
entity, seeking an authorization for a covered project.
SEC. 41002. FEDERAL PERMITTING IMPROVEMENT COUNCIL.
(a) Establishment.--There is established the Federal Permitting
Improvement Steering Council.
(b) Composition.--
(1) Chair.--The Executive Director shall--
(A) be appointed by the President; and
(B) serve as Chair of the Council.
(2) Council members.--
(A) In general.--
(i) Designation by head of agency.--Each
individual listed in subparagraph (B) shall
designate a member of the agency in which the
individual serves to serve on the Council.
(ii) Qualifications.--A councilmem-ber
described in clause (i) shall hold a position
in the agency of deputy secretary (or the
equivalent) or higher.
(iii) Support.--
(I) In general.--Consistent with
guidance provided by the Director of
the Office of Management and Budget,
each individual listed in subparagraph
(B) shall designate 1 or more
appropriate members of the agency in
which the individual serves to serve as
an agency CERPO.
(II) Reporting.--In carrying out
the duties of the agency CERPO under
this title, an agency CERPO shall
report directly to a deputy secretary
(or the equivalent) or higher.
(B) Heads of agencies.--The individuals that shall
each designate a councilmember under this subparagraph
are as follows:
(i) The Secretary of Agriculture.
(ii) The Secretary of the Army.
(iii) The Secretary of Commerce.
(iv) The Secretary of the Interior.
(v) The Secretary of Energy.
(vi) The Secretary of Transportation.
(vii) The Secretary of Defense.
(viii) The Chairman of the Federal Energy
Regulatory Commission.
(ix) The Chairman of the Nuclear Regulatory
Commission.
(x) The Secretary of Homeland Security.
(xi) The Secretary of Housing and Urban
Development.
(xii) The Chairman of the Advisory Council
on Historic Preservation.
(xiii) Any other head of a Federal agency
that the Executive Director may invite to
participate as a member of the Council.
(3) Additional members.--In addition to the members listed
in paragraphs (1) and (2), the Chairman of the Council on
Environmental Quality and the Director of the Office of
Management and Budget shall also be members of the Council.
(c) Duties.--
(1) Executive director.--
(A) Inventory development.--The Executive Director,
in consultation with the Council, shall--
(i) not later than 180 days after the date
of enactment of this Act, establish an
inventory of covered projects that are pending
the environmental review or authorization of
the head of any Federal agency;
(ii)(I) categorize the projects in the
inventory as appropriate, based on sector and
project type; and
(II) for each category, identify the types
of environmental reviews and authorizations
most commonly involved; and
(iii) add a covered project to the
inventory after receiving a notice described in
section 41003(a)(1).
(B) Facilitating agency designation.--The Executive
Director, in consultation with the Council, shall--
(i) designate a facilitating agency for
each category of covered projects described in
subparagraph (A)(ii); and
(ii) publish the list of designated
facilitating agencies for each category of
projects in the inventory on the Dashboard in
an easily accessible format.
(C) Performance schedules.--
(i) In general.--Not later than 1 year
after the date of enactment of this Act, the
Executive Director, in consultation with the
Council, shall develop recommended performance
schedules, including intermediate and final
completion dates, for environmental reviews and
authorizations most commonly required for each
category of covered projects described in
subparagraph (A)(ii).
(ii) Requirements.--
(I) In general.--The performance
schedules shall reflect employment of
the use of the most efficient
applicable processes.
(II) Limit.--
(aa) In general.--The final
completion dates in any
performance schedule for the
completion of an environmental
review or authorization under
clause (i) shall not exceed the
average time to complete an
environmental review or
authorization for a project
within that category.
(bb) Calculation of average
time.--The average time
referred to in item (aa) shall
be calculated on the basis of
data from the preceding 2
calendar years and shall run
from the period beginning on
the date on which the Executive
Director must make a specific
entry for the project on the
Dashboard under section
41003(b)(2) (except that, for
projects initiated before that
duty takes effect, the period
beginning on the date of filing
of a completed application),
and ending on the date of the
issuance of a record of
decision or other final agency
action on the review or
authorization.
(cc) Completion date.--Each
performance schedule shall
specify that any decision by an
agency on an environmental
review or authorization must be
issued not later than 180 days
after the date on which all
information needed to complete
the review or authorization
(including any hearing that an
agency holds on the matter) is
in the possession of the
agency.
(iii) Review and revision.--Not later than
2 years after the date on which the performance
schedules are established under this
subparagraph, and not less frequently than once
every 2 years thereafter, the Executive
Director, in consultation with the Council,
shall review and revise the performance
schedules.
(D) Guidance.--The Executive Director, in
consultation with the Council, may recommend to the
Director of the Office of Management and Budget or to
the Council on Environmental Quality, as appropriate,
that guidance be issued as necessary for agencies--
(i) to carry out responsibilities under
this title; and
(ii) to effectuate the adoption by agencies
of the best practices and recommendations of
the Council described in paragraph (2).
(2) Council.--
(A) Recommendations.--
(i) In general.--The Council shall make
recommendations to the Executive Director with
respect to the designations under paragraph
(1)(B) and the performance schedules under
paragraph (1)(C).
(ii) Update.--The Council may update the
recommendations described in clause (i).
(B) Best practices.--Not later than 1 year after
the date of enactment of this Act, and not less
frequently than annually thereafter, the Council shall
issue recommendations on the best practices for--
(i) enhancing early stakeholder engagement,
including fully considering and, as
appropriate, incorporating recommendations
provided in public comments on any proposed
covered project;
(ii) ensuring timely decisions regarding
environmental reviews and authorizations,
including through the development of
performance metrics;
(iii) improving coordination between
Federal and non-Federal governmental entities,
including through the development of common
data standards and terminology across agencies;
(iv) increasing transparency;
(v) reducing information collection
requirements and other administrative burdens
on agencies, project sponsors, and other
interested parties;
(vi) developing and making available to
applicants appropriate geographic information
systems and other tools;
(vii) creating and distributing training
materials useful to Federal, State, tribal, and
local permitting officials; and
(viii) addressing other aspects of
infrastructure permitting, as determined by the
Council.
(3) Agency cerpos.--An agency CERPO shall--
(A) advise the respective agency councilmember on
matters related to environmental reviews and
authorizations;
(B) provide technical support, when requested to
facilitate efficient and timely processes for
environmental reviews and authorizations for covered
projects under the jurisdictional responsibility of the
agency, including supporting timely identification and
resolution of potential disputes within the agency or
between the agency and other Federal agencies;
(C) analyze agency environmental review and
authorization processes, policies, and authorities and
make recommendations to the respective agency
councilmember for ways to standardize, simplify, and
improve the efficiency of the processes, policies, and
authorities, including by implementing guidance issued
under paragraph (1)(D) and other best practices,
including the use of information technology and
geographic information system tools within the agency
and across agencies, to the extent consistent with
existing law; and
(D) review and develop training programs for agency
staff that support and conduct environmental reviews or
authorizations.
(d) Administrative Support.--The Director of the Office of
Management and Budget shall designate a Federal agency, other than an
agency that carries out or provides support for projects that are not
covered projects, to provide administrative support for the Executive
Director, and the designated agency shall, as reasonably necessary,
provide support and staff to enable the Executive Director to fulfill
the duties of the Executive Director under this title.
SEC. 41003. PERMITTING PROCESS IMPROVEMENT.
(a) Project Initiation and Designation of Participating Agencies.--
(1) Notice.--
(A) In general.--A project sponsor of a covered
project shall submit to the Executive Director and the
facilitating agency notice of the initiation of a
proposed covered project.
(B) Default designation.--If, at the time of
submission of the notice under subparagraph (A), the
Executive Director has not designated a facilitating
agency under section 41002(c)(1)(B) for the categories
of projects noticed, the agency that receives the
notice under subparagraph (A) shall be designated as
the facilitating agency.
(C) Contents.--Each notice described in
subparagraph (A) shall include--
(i) a statement of the purposes and
objectives of the proposed project;
(ii) a concise description, including the
general location of the proposed project and a
summary of geospatial information, if
available, illustrating the project area and
the locations, if any, of environmental,
cultural, and historic resources;
(iii) a statement regarding the technical
and financial ability of the project sponsor to
construct the proposed project;
(iv) a statement of any Federal financing,
environmental reviews, and authorizations
anticipated to be required to complete the
proposed project; and
(v) an assessment that the proposed project
meets the definition of a covered project under
section 41001 and a statement of reasons
supporting the assessment.
(2) Invitation.--
(A) In general.--Not later than 45 days after the
date on which the Executive Director must make a
specific entry for the project on the Dashboard under
subsection (b)(2)(A), the facilitating agency or lead
agency, as applicable, shall--
(i) identify all Federal and non-Federal
agencies and governmental entities likely to
have financing, environmental review,
authorization, or other responsibilities with
respect to the proposed project; and
(ii) invite all Federal agencies identified
under clause (i) to become a participating
agency or a cooperating agency, as appropriate,
in the environmental review and authorization
management process described in section 41005.
(B) Deadlines.--Each invitation made under
subparagraph (A) shall include a deadline for a
response to be submitted to the facilitating or lead
agency, as applicable.
(3) Participating and cooperating agencies.--
(A) In general.--An agency invited under paragraph
(2) shall be designated as a participating or
cooperating agency for a covered project, unless the
agency informs the facilitating or lead agency, as
applicable, in writing before the deadline under
paragraph (2)(B) that the agency--
(i) has no jurisdiction or authority with
respect to the proposed project; or
(ii) does not intend to exercise authority
related to, or submit comments on, the proposed
project.
(B) Changed circumstances.--On request and a
showing of changed circumstances, the Executive
Director may designate an agency that has opted out
under subparagraph (A)(ii) to be a participating or
cooperating agency, as appropriate.
(4) Effect of designation.--The designation described in
paragraph (3) shall not--
(A) give the participating agency authority or
jurisdiction over the covered project; or
(B) expand any jurisdiction or authority a
cooperating agency may have over the proposed project.
(5) Lead agency designation.--
(A) In general.--On establishment of the lead
agency, the lead agency shall assume the
responsibilities of the facilitating agency under this
title.
(B) Redesignation of facilitating agency.--If the
lead agency assumes the responsibilities of the
facilitating agency under subparagraph (A), the
facilitating agency may be designated as a cooperative
or participating agency.
(6) Change of facilitating or lead agency.--
(A) In general.--On the request of a participating
agency or project sponsor, the Executive Director may
designate a different agency as the facilitating or
lead agency, as applicable, for a covered project, if
the facilitating or lead agency or the Executive
Director receives new information regarding the scope
or nature of a covered project that indicates that the
project should be placed in a different category under
section 41002(c)(1)(B).
(B) Resolution of dispute.--The Executive Director
shall resolve any dispute over designation of a
facilitating or lead agency for a particular covered
project.
(b) Permitting Dashboard.--
(1) Requirement to maintain.--
(A) In general.--The Executive Director, in
coordination with the Administrator of General
Services, shall maintain an online database to be known
as the ``Permitting Dashboard'' to track the status of
Federal environmental reviews and authorizations for
any covered project in the inventory described in
section 41002(c)(1)(A).
(B) Specific and searchable entry.--The Dashboard
shall include a specific and searchable entry for each
covered project.
(2) Additions.--
(A) In general.--
(i) Existing projects.--Not later than 14
days after the date on which the Executive
Director adds a project to the inventory under
section 41002(c)(1)(A), the Executive Director
shall create a specific entry on the Dashboard
for the covered project.
(ii) New projects.--Not later than 14 days
after the date on which the Executive Director
receives a notice under subsection (a)(1), the
Executive Director shall create a specific
entry on the Dashboard for the covered project,
unless the Executive Director, facilitating
agency, or lead agency, as applicable,
determines that the project is not a covered
project.
(B) Explanation.--If the facilitating agency or
lead agency, as applicable, determines that the project
is not a covered project, the project sponsor may
submit a further explanation as to why the project is a
covered project not later than 14 days after the date
of the determination under subparagraph (A).
(C) Final determination.--Not later than 14 days
after receiving an explanation described in
subparagraph (B), the Executive Director shall--
(i) make a final and conclusive
determination as to whether the project is a
covered project; and
(ii) if the Executive Director determines
that the project is a covered project, create a
specific entry on the Dashboard for the covered
project.
(3) Postings by agencies.--
(A) In general.--For each covered project added to
the Dashboard under paragraph (2), the facilitating or
lead agency, as applicable, and each cooperating and
participating agency shall post to the Dashboard--
(i) a hyperlink that directs to a website
that contains, to the extent consistent with
applicable law--
(I) the notification submitted
under subsection (a)(1);
(II)(aa) where practicable, the
application and supporting documents,
if applicable, that have been submitted
by a project sponsor for any required
environmental review or authorization;
or
(bb) a notice explaining how the
public may obtain access to such
documents;
(III) a description of any Federal
agency action taken or decision made
that materially affects the status of a
covered project;
(IV) any significant document that
supports the action or decision
described in subclause (III); and
(V) a description of the status of
any litigation to which the agency is a
party that is directly related to the
project, including, if practicable, any
judicial document made available on an
electronic docket maintained by a
Federal, State, or local court; and
(ii) any document described in clause (i)
that is not available by hyperlink on another
website.
(B) Deadline.--The information described in
subparagraph (A) shall be posted to the website made
available by hyperlink on the Dashboard not later than
5 business days after the date on which the Federal
agency receives the information.
(4) Postings by the executive director.--The Executive
Director shall publish to the Dashboard--
(A) the permitting timetable established under
subparagraph (A) or (C) of subsection (c)(2);
(B) the status of the compliance of each agency
with the permitting timetable;
(C) any modifications of the permitting timetable;
(D) an explanation of each modification described
in subparagraph (C); and
(E) any memorandum of understanding established
under subsection (c)(3)(B).
(c) Coordination and Timetables.--
(1) Coordinated project plan.--
(A) In general.--Not later than 60 days after the
date on which the Executive Director must make a
specific entry for the project on the Dashboard under
subsection (b)(2)(A), the facilitating or lead agency,
as applicable, in consultation with each coordinating
and participating agency, shall establish a concise
plan for coordinating public and agency participation
in, and completion of, any required Federal
environmental review and authorization for the project.
(B) Required information.--The Coordinated Project
Plan shall include the following information and be
updated by the facilitating or lead agency, as
applicable, at least once per quarter:
(i) A list of, and roles and
responsibilities for, all entities with
environmental review or authorization
responsibility for the project.
(ii) A permitting timetable, as described
in paragraph (2), setting forth a comprehensive
schedule of dates by which all environmental
reviews and authorizations, and to the maximum
extent practicable, State permits, reviews and
approvals must be made.
(iii) A discussion of potential avoidance,
minimization, and mitigation strategies, if
required by applicable law and known.
(iv) Plans and a schedule for public and
tribal outreach and coordination, to the extent
required by applicable law.
(C) Memorandum of understanding.--The coordinated
project plan described in subparagraph (A) may be
incorporated into a memorandum of understanding.
(2) Permitting timetable.--
(A) Establishment.--
(i) In general.--As part of the
coordination project plan under paragraph (1),
the facilitating or lead agency, as applicable,
in consultation with each cooperating and
participating agency, the project sponsor, and
any State in which the project is located,
shall establish a permitting timetable that
includes intermediate and final completion
dates for action by each participating agency
on any Federal environmental review or
authorization required for the project.
(ii) Consensus.--In establishing a
permitting timetable under clause (i), each
agency shall, to the maximum extent
practicable, make efforts to reach a consensus.
(B) Factors for consideration.--In establishing the
permitting timetable under subparagraph (A), the
facilitating or lead agency shall follow the
performance schedules established under section
41002(c)(1)(C), but may vary the timetable based on
relevant factors, including--
(i) the size and complexity of the covered
project;
(ii) the resources available to each
participating agency;
(iii) the regional or national economic
significance of the project;
(iv) the sensitivity of the natural or
historic resources that may be affected by the
project;
(v) the financing plan for the project; and
(vi) the extent to which similar projects
in geographic proximity to the project were
recently subject to environmental review or
similar procedures under State law.
(C) Dispute resolution.--
(i) In general.--The Executive Director, in
consultation with appropriate agency CERPOs and
the project sponsor, shall, as necessary,
mediate any disputes regarding the permitting
timetable established under subparagraph (A).
(ii) Disputes.--If a dispute remains
unresolved 30 days after the date on which the
dispute was submitted to the Executive
Director, the Director of the Office of
Management and Budget, in consultation with the
Chairman of the Council on Environmental
Quality, shall facilitate a resolution of the
dispute and direct the agencies party to the
dispute to resolve the dispute by the end of
the 60-day period beginning on the date of
submission of the dispute to the Executive
Director.
(iii) Final resolution.--Any action taken
by the Director of the Office of Management and
Budget in the resolution of a dispute under
clause (ii) shall--
(I) be final and conclusive; and
(II) not be subject to judicial
review.
(D) Modification after approval.--
(i) In general.--The facilitating or lead
agency, as applicable, may modify a permitting
timetable established under subparagraph (A)
only if--
(I) the facilitating or lead
agency, as applicable, and the affected
cooperating agencies, after
consultation with the participating
agencies and the project sponsor, agree
to a different completion date;
(II) the facilitating agency or
lead agency, as applicable, or the
affected cooperating agency provides a
written justification for the
modification; and
(III) in the case of a modification
that would necessitate an extension of
a final completion date under a
permitting timetable established under
subparagraph (A) to a date more than 30
days after the final completion date
originally established under
subparagraph (A), the facilitating or
lead agency submits a request to modify
the permitting timetable to the
Executive Director, who shall consult
with the project sponsor and make a
determination on the record, based on
consideration of the relevant factors
described under subparagraph (B),
whether to grant the facilitating or
lead agency, as applicable, authority
to make such modification.
(ii) Completion date.--A completion date in
the permitting timetable may not be modified
within 30 days of the completion date.
(iii) Limitation on length of
modifications.--
(I) In general.--Except as provided
in subclause (II), the total length of
all modifications to a permitting
timetable authorized or made under this
subparagraph, other than for reasons
outside the control of Federal, State,
local, or tribal governments, may not
extend the permitting timetable for a
period of time greater than half of the
amount of time from the establishment
of the permitting timetable under
subparagraph (A) to the last final
completion date originally established
under subparagraph (A).
(II) Additional extensions.--The
Director of the Office of Management
and Budget, after consultation with the
project sponsor, may permit the
Executive Director to authorize
additional extensions of a permitting
timetable beyond the limit prescribed
by subclause (I). In such a case, the
Director of the Office of Management
and Budget shall transmit, not later
than 5 days after making a
determination to permit an
authorization of extension under this
subclause, a report to Congress
explaining why such modification is
required. Such report shall explain to
Congress with specificity why the
original permitting timetable and the
modifications authorized by the
Executive Director failed to be
adequate. The lead or facilitating
agency, as applicable, shall transmit
to Congress, the Director of the Office
of Management and Budget, and the
Executive Director a supplemental
report on progress toward the final
completion date each year thereafter,
until the permit review is completed or
the project sponsor withdraws its
notice or application or other request
to which this title applies under
section 41010.
(iv) Limitation on judicial review.--The
following shall not be subject to judicial
review:
(I) A determination by the
Executive Director under clause
(i)(III).
(II) A determination under clause
(iii)(II) by the Director of the Office
of Management and Budget to permit the
Executive Director to authorize
extensions of a permitting timetable.
(E) Consistency with other time periods.--A
permitting timetable established under subparagraph (A)
shall be consistent with any other relevant time
periods established under Federal law and shall not
prevent any cooperating or participating agency from
discharging any obligation under Federal law in
connection with the project.
(F) Conforming to permitting timetables.--
(i) In general.--Each Federal agency shall
conform to the completion dates set forth in
the permitting timetable established under
subparagraph (A), or with any completion date
modified under subparagraph (D).
(ii) Failure to conform.--If a Federal
agency fails to conform with a completion date
for agency action on a covered project or is at
significant risk of failing to conform with
such a completion date, the agency shall--
(I) promptly submit to the
Executive Director for publication on
the Dashboard an explanation of the
specific reasons for failing or
significantly risking failing to
conform to the completion date and a
proposal for an alternative completion
date;
(II) in consultation with the
facilitating or lead agency, as
applicable, establish an alternative
completion date; and
(III) each month thereafter until
the agency has taken final action on
the delayed authorization or review,
submit to the Executive Director for
posting on the Dashboard a status
report describing any agency activity
related to the project.
(G) Abandonment of covered project.--
(i) In general.--If the facilitating or
lead agency, as applicable, has a reasonable
basis to doubt the continuing technical or
financial ability of the project sponsor to
construct the covered project, the facilitating
or lead agency may request the project sponsor
provide an updated statement regarding the
ability of the project sponsor to complete the
project.
(ii) Failure to respond.--If the project
sponsor fails to respond to a request described
in clause (i) by the date that is 30 days after
receiving the request, the lead or facilitating
agency, as applicable, shall notify the
Executive Director, who shall publish an
appropriate notice on the Dashboard.
(iii) Publication to dashboard.--On
publication of a notice under clause (ii), the
completion dates in the permitting timetable
shall be tolled and agencies shall be relieved
of the obligation to comply with subparagraph
(F) until such time as the project sponsor
submits to the facilitating or lead agency, as
applicable, an updated statement regarding the
technical and financial ability of the project
sponsor to construct the project.
(3) Cooperating state, local, or tribal governments.--
(A) State authority.--If the Federal environmental
review is being implemented within the boundaries of a
State, the State, consistent with State law, may choose
to participate in the environmental review and
authorization process under this subsection and to make
subject to the process all State agencies that--
(i) have jurisdiction over the covered
project;
(ii) are required to conduct or issue a
review, analysis, opinion, or statement for the
covered project; or
(iii) are required to make a determination
on issuing a permit, license, or other approval
or decision for the covered project.
(B) Coordination.--To the maximum extent
practicable under applicable law, the facilitating or
lead agency, as applicable, shall coordinate the
Federal environmental review and authorization
processes under this subsection with any State, local,
or tribal agency responsible for conducting any
separate review or authorization of the covered project
to ensure timely and efficient completion of
environmental reviews and authorizations.
(C) Memorandum of understanding.--
(i) In general.--Any coordination plan
between the facilitating or lead agency, as
applicable, and any State, local, or tribal
agency shall, to the maximum extent
practicable, be included in a memorandum of
understanding.
(ii) Submission to executive director.--The
facilitating or lead agency, as applicable,
shall submit to the Executive Director each
memorandum of understanding described in clause
(i).
(d) Early Consultation.--The facilitating or lead agency, as
applicable, shall provide an expeditious process for project sponsors
to confer with each cooperating and participating agency involved and,
not later than 60 days after the date on which the project sponsor
submits a request under this subsection, to have each such agency
provide to the project sponsor information concerning--
(1) the availability of information and tools, including
pre-application toolkits, to facilitate early planning efforts;
(2) key issues of concern to each agency and to the public;
and
(3) issues that must be addressed before an environmental
review or authorization can be completed.
(e) Cooperating Agency.--
(1) In general.--A lead agency may designate a
participating agency as a cooperating agency in accordance with
part 1501 of title 40, Code of Federal Regulations (or
successor regulations).
(2) Effect on other designation.--The designation described
in paragraph (1) shall not affect any designation under
subsection (a)(3).
(3) Limitation on designation.--Any agency not designated
as a participating agency under subsection (a)(3) shall not be
designated as a cooperating agency under paragraph (1).
(f) Reporting Status of Other Projects on Dashboard.--
(1) In general.--On request of the Executive Director, the
Secretary and the Secretary of the Army shall use best efforts
to provide information for inclusion on the Dashboard on
projects subject to section 139 of title 23, United States
Code, and section 2045 of the Water Resources Development Act
of 2007 (33 U.S.C. 2348) likely to require--
(A) a total investment of more than $200,000,000;
and
(B) an environmental impact statement under NEPA.
(2) Effect of inclusion on dashboard.--Inclusion on the
Dashboard of information regarding projects subject to section
139 of title 23, United States Code, or section 2045 of the
Water Resources Development Act of 2007 (33 U.S.C. 2348) shall
not subject those projects to any requirements of this title.
SEC. 41004. INTERSTATE COMPACTS.
(a) In General.--The consent of Congress is given for 3 or more
contiguous States to enter into an interstate compact establishing
regional infrastructure development agencies to facilitate
authorization and review of covered projects, under State law or in the
exercise of delegated permitting authority described under section
41006, that will advance infrastructure development, production, and
generation within the States that are parties to the compact.
(b) Regional Infrastructure.--For the purpose of this title, a
regional infrastructure development agency referred to in subsection
(a) shall have the same authorities and responsibilities of a State
agency.
SEC. 41005. COORDINATION OF REQUIRED REVIEWS.
(a) Concurrent Reviews.--To integrate environmental reviews and
authorizations, each agency shall, to the maximum extent practicable--
(1) carry out the obligations of the agency with respect to
a covered project under any other applicable law concurrently,
and in conjunction with, other environmental reviews and
authorizations being conducted by other cooperating or
participating agencies, including environmental reviews and
authorizations required under NEPA, unless the agency
determines that doing so would impair the ability of the agency
to carry out the statutory obligations of the agency; and
(2) 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.
(b) Adoption, Incorporation by Reference, and Use of Documents.--
(1) State environmental documents; supplemental
documents.--
(A) Use of existing documents.--
(i) In general.--On the request of a
project sponsor, a lead agency shall consider
and, as appropriate, adopt or incorporate by
reference, the analysis and documentation that
has been prepared for a covered project under
State laws and procedures as the documentation,
or part of the documentation, required to
complete an environmental review for the
covered project, if the analysis and
documentation were, as determined by the lead
agency in consultation with the Council on
Environmental Quality, prepared under
circumstances that allowed for opportunities
for public participation and consideration of
alternatives and environmental consequences
that are substantially equivalent to what would
have been available had the documents and
analysis been prepared by a Federal agency
pursuant to NEPA.
(ii) Guidance by ceq.--The Council on
Environmental Quality may issue guidance to
carry out this subsection.
(B) NEPA obligations.--An environmental document
adopted under subparagraph (A) or a document that
includes documentation incorporated under subparagraph
(A) may serve as the documentation required for an
environmental review or a supplemental environmental
review required to be prepared by a lead agency under
NEPA.
(C) Supplementation of state documents.--If the
lead agency adopts or incorporates analysis and
documentation described in subparagraph (A), the lead
agency shall prepare and publish a supplemental
document if the lead agency determines that during the
period after preparation of the analysis and
documentation and before the adoption or
incorporation--
(i) a significant change has been made to
the covered project that is relevant for
purposes of environmental review of the
project; or
(ii) there has been a significant
circumstance or new information has emerged
that is relevant to the environmental review
for the covered project.
(D) Comments.--If a lead agency prepares and
publishes a supplemental document under subparagraph
(C), the lead agency shall solicit comments from other
agencies and the public on the supplemental document
for a period of not more than 45 days, beginning on the
date on which the supplemental document is published,
unless--
(i) the lead agency, the project sponsor,
and any cooperating agency agree to a longer
deadline; or
(ii) the lead agency extends the deadline
for good cause.
(E) Notice of outcome of environmental review.--A
lead agency shall issue a record of decision or finding
of no significant impact, as appropriate, based on the
document adopted under subparagraph (A) and any
supplemental document prepared under subparagraph (C).
(c) Alternatives Analysis.--
(1) Participation.--As early as practicable during the
environmental review, but not later than the commencement of
scoping for a project requiring the preparation of an
environmental impact statement, the lead agency, in
consultation with each cooperating agency, shall determine the
range of reasonable alternatives to be considered for a covered
project.
(2) Range of alternatives.--
(A) In general.--Following participation under
paragraph (1) and subject to subparagraph (B), the lead
agency shall determine the range of reasonable
alternatives for consideration in any document that the
lead agency is responsible for preparing for the
covered project.
(B) Alternatives required by law.--In determining
the range of alternatives under subparagraph (A), the
lead agency shall include all alternatives required to
be considered by law.
(3) Methodologies.--
(A) In general.--The lead agency shall determine,
in collaboration with each cooperating agency at
appropriate times during the environmental review, the
methodologies to be used and the level of detail
required in the analysis of each alternative for a
covered project.
(B) Environmental review.--A cooperating agency
shall use the methodologies referred to in subparagraph
(A) when conducting any required environmental review,
to the extent consistent with existing law.
(4) Preferred alternative.--With the concurrence of the
cooperating agencies with jurisdiction under Federal law and at
the discretion of the lead agency, the preferred alternative
for a project, after being identified, may be developed to a
higher level of detail than other alternatives to facilitate
the development of mitigation measures or concurrent compliance
with other applicable laws if the lead agency determines that
the development of the higher level of detail will not
prevent--
(A) the lead agency from making an impartial
decision as to whether to accept another alternative
that is being considered in the environmental review;
and
(B) the public from commenting on the preferred and
other alternatives.
(d) Environmental Review Comments.--
(1) Comments on draft environmental impact statement.--For
comments by an agency or the public on a draft environmental
impact statement, the lead agency shall establish a comment
period of not less than 45 days and not more than 60 days after
the date on which a notice announcing availability of the
environmental impact statement is published in the Federal
Register, unless--
(A) the lead agency, the project sponsor, and any
cooperating agency agree to a longer deadline; or
(B) the lead agency, in consultation with each
cooperating agency, extends the deadline for good
cause.
(2) Other review and comment periods.--For all other review
or comment periods in the environmental review process
described in parts 1500 through 1508 of title 40, Code of
Federal Regulations (or successor regulations), the lead agency
shall establish a comment period of not more than 45 days after
the date on which the materials on which comment is requested
are made available, unless--
(A) the lead agency, the project sponsor, and any
cooperating agency agree to a longer deadline; or
(B) the lead agency extends the deadline for good
cause.
(e) Issue Identification and Resolution.--
(1) Cooperation.--The lead agency and each cooperating and
participating agency shall work cooperatively in accordance
with this section to identify and resolve issues that could
delay completion of an environmental review or an authorization
required for the project under applicable law or result in the
denial of any approval under applicable law.
(2) Lead agency responsibilities.--
(A) In general.--The lead agency shall make
information available to each cooperating and
participating agency and project sponsor as early as
practicable in the environmental review regarding the
environmental, historic, and socioeconomic resources
located within the project area and the general
locations of the alternatives under consideration.
(B) Sources of information.--The information
described in subparagraph (A) may be based on existing
data sources, including geographic information systems
mapping.
(3) Cooperating and participating agency
responsibilities.--Each cooperating and participating agency
shall--
(A) identify, as early as practicable, any issues
of concern regarding any potential environmental
impacts of the covered project, including any issues
that could substantially delay or prevent an agency
from completing any environmental review or
authorization required for the project; and
(B) communicate any issues described in
subparagraph (A) to the project sponsor.
(f) Categories of Projects.--The authorities granted under this
section may be exercised for an individual covered project or a
category of covered projects.
SEC. 41006. DELEGATED STATE PERMITTING PROGRAMS.
(a) In General.--If a Federal statute permits a Federal agency to
delegate to or otherwise authorize a State to issue or otherwise
administer a permit program in lieu of the Federal agency, the Federal
agency with authority to carry out the statute shall--
(1) on publication by the Council of best practices under
section 41002(c)(2)(B), initiate a national process, with
public participation, to determine whether and the extent to
which any of the best practices are generally applicable on a
delegation- or authorization-wide basis to permitting under the
statute; and
(2) not later than 2 years after the date of enactment of
this Act, make model recommendations for State modifications of
the applicable permit program to reflect the best practices
described in section 41002(c)(2)(B), as appropriate.
(b) Best Practices.--Lead and cooperating agencies may share with
State, tribal, and local authorities best practices involved in review
of covered projects and invite input from State, tribal, and local
authorities regarding best practices.
SEC. 41007. LITIGATION, JUDICIAL REVIEW, AND SAVINGS PROVISION.
(a) Limitations on Claims.--
(1) In general.--Notwithstanding any other provision of
law, a claim arising under Federal law seeking judicial review
of any authorization issued by a Federal agency for a covered
project shall be barred unless--
(A) the action is filed not later than 2 years
after the date of publication in the Federal Register
of the final record of decision or approval or denial
of a permit, unless a shorter time is specified in the
Federal law under which judicial review is allowed; and
(B) in the case of an action pertaining to an
environmental review conducted under NEPA--
(i) the action is filed by a party that
submitted a comment during the environmental
review or a party that lacked a reasonable
opportunity to submit a comment; and
(ii) a party filed a sufficiently detailed
comment so as to put the lead agency on notice
of the issue on which the party seeks judicial
review.
(2) New information.--
(A) In general.--The head of a lead agency or
participating agency shall consider new information
received after the close of a comment period if the
information satisfies the requirements under
regulations implementing NEPA.
(B) Separate action.--If Federal law requires the
preparation of a supplemental environmental impact
statement or other supplemental environmental document,
the preparation of such document shall be considered a
separate final agency action and the deadline for
filing a claim for judicial review of the agency action
shall be 2 years after the date on which a notice
announcing the final agency action is published in the
Federal Register, unless a shorter time is specified in
the Federal law under which judicial review is allowed.
(3) Rule of construction.--Nothing in this subsection
creates a right to judicial review or places any limit on
filing a claim that a person has violated the terms of an
authorization.
(b) Preliminary Injunctive Relief.--In addition to considering any
other applicable equitable factors, in any action seeking a temporary
restraining order or preliminary injunction against an agency or a
project sponsor in connection with review or authorization of a covered
project, the court shall--
(1) consider the effects on public health, safety, and the
environment, the potential for significant job losses, and
other economic harm resulting from an order or injunction; and
(2) not presume that the harms described in paragraph (1)
are reparable.
(c) Judicial Review.--Except as provided in subsection (a), nothing
in this title affects the reviewability of any final Federal agency
action in a court of competent jurisdiction.
(d) Savings Clause.--Nothing in this title--
(1) supersedes, amends, or modifies any Federal statute or
affects the responsibility of any Federal officer to comply
with or enforce any statute; or
(2) creates a presumption that a covered project will be
approved or favorably reviewed by any agency.
(e) Limitations.--Nothing in this section preempts, limits, or
interferes with--
(1) any practice of seeking, considering, or responding to
public comment; or
(2) any power, jurisdiction, responsibility, or authority
that a Federal, State, or local governmental agency,
metropolitan planning organization, Indian tribe, or project
sponsor has with respect to carrying out a project or any other
provisions of law applicable to any project, plan, or program.
SEC. 41008. REPORT TO CONGRESS.
(a) In General.--Not later than April 15 of each year for 10 years
beginning on the date of enactment of this Act, the Executive Director
shall submit to Congress a report detailing the progress accomplished
under this title during the previous fiscal year.
(b) Contents.--The report described in subsection (a) shall assess
the performance of each participating agency and lead agency based on
the best practices described in section 41002(c)(2)(B).
(c) Opportunity To Include Comments.--Each councilmember, with
input from the respective agency CERPO, shall have the opportunity to
include comments concerning the performance of the agency in the report
described in subsection (a).
SEC. 41009. FUNDING FOR GOVERNANCE, OVERSIGHT, AND PROCESSING OF
ENVIRONMENTAL REVIEWS AND PERMITS.
(a) In General.--The heads of agencies listed in section
41002(b)(2)(B), with the guidance of the Director of the Office of
Management and Budget and in consultation with the Executive Director,
may, after public notice and opportunity for comment, issue regulations
establishing a fee structure for project proponents to reimburse the
United States for reasonable costs incurred in conducting environmental
reviews and authorizations for covered projects.
(b) Reasonable Costs.--As used in this section, the term
``reasonable costs'' shall include costs to implement the requirements
and authorities required under sections 41002 and 41003, including the
costs to agencies and the costs of operating the Council.
(c) Fee Structure.--The fee structure established under subsection
(a) shall--
(1) be developed in consultation with affected project
proponents, industries, and other stakeholders;
(2) exclude parties for which the fee would impose an undue
financial burden or is otherwise determined to be
inappropriate; and
(3) be established in a manner that ensures that the
aggregate amount of fees collected for a fiscal year is
estimated not to exceed 20 percent of the total estimated costs
for the fiscal year for the resources allocated for the conduct
of the environmental reviews and authorizations covered by this
title, as determined by the Director of the Office of
Management and Budget.
(d) Environmental Review and Permitting Improvement Fund.--
(1) In general.--All amounts collected pursuant to this
section shall be deposited into a separate fund in the Treasury
of the United States to be known as the ``Environmental Review
Improvement Fund'' (referred to in this section as the
``Fund'').
(2) Availability.--Amounts in the Fund shall be available
to the Executive Director, without appropriation or fiscal year
limitation, solely for the purposes of administering,
implementing, and enforcing this title, including the expenses
of the Council.
(3) Transfer.--The Executive Director, with the approval of
the Director of the Office of Management and Budget, may
transfer amounts in the Fund to other agencies to facilitate
timely and efficient environmental reviews and authorizations
for proposed covered projects.
(e) Effect on Permitting.--The regulations adopted pursuant to
subsection (a) shall ensure that the use of funds accepted under
subsection (d) will not impact impartial decision-making with respect
to environmental reviews or authorizations, either substantively or
procedurally.
(f) Transfer of Appropriated Funds.--
(1) In general.--The heads of agencies listed in section
41002(b)(2)(B) shall have the authority to transfer, in
accordance with section 1535 of title 31, United States Code,
funds appropriated to those agencies and not otherwise
obligated to other affected Federal agencies for the purpose of
implementing the provisions of this title.
(2) Limitation.--Appropriations under title 23, United
States Code and appropriations for the civil works program of
the Army Corps of Engineers shall not be available for transfer
under paragraph (1).
SEC. 41010. APPLICATION.
This title applies to any covered project for which--
(1) a notice is filed under section 41003(a)(1); or
(2) an application or other request for a Federal
authorization is pending before a Federal agency 90 days after
the date of enactment of this Act.
SEC. 41011. GAO REPORT.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report that includes an analysis of whether the provisions of this
title could be adapted to streamline the Federal permitting process for
smaller projects that are not covered projects.
TITLE XLII--ADDITIONAL PROVISIONS
SEC. 42001. DETERMINATION OF CERTAIN SPENDING AND TAX BURDENS BY STATE.
(a) Calculation of Federal Revenue Contributions by State.--
(1) In general.--The Secretary of Treasury, acting through
the Commissioner of the Internal Revenue Service, shall
calculate the Federal tax burden of each State for each
calendar year.
(2) Calculation of federal tax burden.--For purposes of
calculating the Federal tax burden of each State under
paragraph (1), the Secretary shall--
(A) treat Federal taxes paid by an individual as a
burden on the State in which such individual resides;
and
(B) treat Federal taxes paid by a legal business
entity as a burden on each State in which economic
activity of such entity is performed in the same
proportion that the economic activity of such entity in
such State bears to the economic activity of such
entity in all the States.
(3) Report.--Not later than the date that is 180 days after
the beginning of each calendar year, the Secretary of the
Treasury shall--
(A) submit to Congress a report containing the
results of the calculations described in sections 1 and
2 with respect to such calendar year; and
(B) publish the report on a publicly accessible
website of the Internal Revenue Service.
(b) Annual Report on the Flow of Transportation Funds by State.--
(1) In general.--Not later than the first Monday in
February of each year, the Secretary of Transportation shall,
in consultation with the Secretary of the Treasury, 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 Ways
and Means of the House of Representatives a report that
includes--
(A) a description of the total amount of the funds
authorized by this Act which were obligated with
respect to each State during the last ending fiscal
year;
(B) a description of the total amount of revenue
contributed from each State to the Highway Trust Fund
during such fiscal year.
(2) Determination of state amounts.--For purposes of this
subsection--
(A) In general.--the State with respect to which an
amount is obligated and the State from which revenue is
contributed shall be determined under principles
similar to the principles for determining the Federal
tax burden of each State under subsection (a).
(B) Special rule for general fund transfers.--For
purposes of paragraph (1)(B), any transfer from the
general fund of the Treasury to the Highway Trust Fund
during any fiscal year shall be taken into account as
revenue contributed from each State in proportion to
each State's Federal tax burden (as determined under
subsection (a)) for the calendar year in which such
fiscal year began.
SEC. 42002. GAO REPORT ON REFUNDS TO REGISTERED VENDORS OF KEROSENE
USED IN NONCOMMERCIAL AVIATION.
Not later than 180 days after the date of the enactment of this
Act, the Comptroller General of the United States shall--
(1) conduct a study regarding payments made to vendors of
kerosene used in noncommercial aviation under section
6427(l)(4)(C)(ii) of the Internal Revenue Code of 1986; and
(2) submit to the appropriate committees of Congress a
report describing the results of such study, which shall
include estimates of--
(A) the number of vendors of kerosene used in
noncommercial aviation who are registered under section
4101 of such Code;
(B) the number of vendors of kerosene used in
noncommercial aviation who are not so registered;
(C) the number of vendors described in subparagraph
(A) who receive payments under section
6427(l)(4)(C)(ii) of such Code;
(D) the excess of--
(i) the amount of payments which would be
made under section 6427(l)(4)(C)(ii) of such
Code if all vendors of kerosene used in
noncommercial aviation were registered and
filed claims for such payments, over
(ii) the amount of payments actually made
under such section; and
(E) the number of cases of diesel truck operators
fraudulently using kerosene taxed for use in aviation.
TITLE XLIII--REQUIREMENTS REGARDING RULE MAKINGS
SEC. 43001. REQUIREMENTS REGARDING RULE MAKINGS.
For each publication in the Federal Register required to be made by
law and pertaining to a rule made to carry out this Act or the
amendments made by this Act, the agency making the rule shall include
in such publication a list of information on which the rule is based,
including data, scientific and economic studies, and cost-benefit
analyses, and identify how the public can access such information
online.
DIVISION E--EXPORT-IMPORT BANK OF THE UNITED STATES
SEC. 50001. SHORT TITLE.
This division may be cited as the ``Export-Import Bank Reform and
Reauthorization Act of 2015''.
TITLE LI--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY
SEC. 51001. REDUCTION IN AUTHORIZED AMOUNT OF OUTSTANDING LOANS,
GUARANTEES, AND INSURANCE.
Section 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C.
635e(a)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by striking paragraph (2) and inserting the following:
``(2) Applicable amount defined.--In this subsection, the
term `applicable amount', for each of fiscal years 2015 through
2019, means $135,000,000,000.
``(3) Freezing of lending cap if default rate is 2 percent
or more.--If the rate calculated under section 8(g)(1) is 2
percent or more for a quarter, the Bank may not exceed the
amount of loans, guarantees, and insurance outstanding on the
last day of that quarter until the rate calculated under
section 8(g)(1) is less than 2 percent.''.
SEC. 51002. INCREASE IN LOSS RESERVES.
(a) In General.--Section 6 of the Export-Import Bank Act of 1945
(12 U.S.C. 635e) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Reserve Requirement.--The Bank shall build to and hold in
reserve, to protect against future losses, an amount that is not less
than 5 percent of the aggregate amount of disbursed and outstanding
loans, guarantees, and insurance of the Bank.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is one year after the date of the
enactment of this Act.
SEC. 51003. REVIEW OF FRAUD CONTROLS.
Section 17(b) of the Export-Import Bank Reauthorization Act of 2012
(12 U.S.C. 635a-6(b)) is amended to read as follows:
``(b) Review of Fraud Controls.--Not later than 4 years after the
date of the enactment of the Export-Import Bank Reform and
Reauthorization Act of 2015, and every 4 years thereafter, the
Comptroller General of the United States shall--
``(1) review the adequacy of the design and effectiveness
of the controls used by the Export-Import Bank of the United
States to prevent, detect, and investigate fraudulent
applications for loans and guarantees and the compliance by the
Bank with the controls, including by auditing a sample of Bank
transactions; and
``(2) submit a written report regarding the findings of the
review and providing such recommendations with respect to the
controls described in paragraph (1) as the Comptroller General
deems appropriate to--
``(A) the Committee on Banking, Housing, and Urban
Affairs and the Committee on Appropriations of the
Senate; and
``(B) the Committee on Financial Services and the
Committee on Appropriations of the House of
Representatives.''.
SEC. 51004. OFFICE OF ETHICS.
Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 635a) is
amended by adding at the end the following:
``(k) Office of Ethics.--
``(1) Establishment.--There is established an Office of
Ethics within the Bank, which shall oversee all ethics issues
within the Bank.
``(2) Head of office.--
``(A) In general.--The head of the Office of Ethics
shall be the Chief Ethics Officer, who shall report to
the Board of Directors.
``(B) Appointment.--Not later than 180 days after
the date of the enactment of the Export-Import Bank
Reform and Reauthorization Act of 2015, the Chief
Ethics Officer shall be--
``(i) appointed by the President of the
Bank from among persons--
``(I) with a background in law who
have experience in the fields of law
and ethics; and
``(II) who are not serving in a
position requiring appointment by the
President of the United States before
being appointed to be Chief Ethics
Officer; and
``(ii) approved by the Board.
``(C) Designated agency ethics official.--The Chief
Ethics Officer shall serve as the designated agency
ethics official for the Bank pursuant to the Ethics in
Government Act of 1978 (5 U.S.C. App. 101 et seq.).
``(3) Duties.--The Office of Ethics has jurisdiction over
all employees of, and ethics matters relating to, the Bank.
With respect to employees of the Bank, the Office of Ethics
shall--
``(A) recommend administrative actions to establish
or enforce standards of official conduct;
``(B) refer to the Office of the Inspector General
of the Bank alleged violations of--
``(i) the standards of ethical conduct
applicable to employees of the Bank under parts
2635 and 6201 of title 5, Code of Federal
Regulations;
``(ii) the standards of ethical conduct
established by the Chief Ethics Officer; and
``(iii) any other laws, rules, or
regulations governing the performance of
official duties or the discharge of official
responsibilities that are applicable to
employees of the Bank;
``(C) report to appropriate Federal or State
authorities substantial evidence of a violation of any
law applicable to the performance of official duties
that may have been disclosed to the Office of Ethics;
and
``(D) render advisory opinions regarding the
propriety of any current or proposed conduct of an
employee or contractor of the Bank, and issue general
guidance on such matters as necessary.''.
SEC. 51005. CHIEF RISK OFFICER.
Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 635a),
as amended by section 91004, is further amended by adding at the end
the following:
``(l) Chief Risk Officer.--
``(1) In general.--There shall be a Chief Risk Officer of
the Bank, who shall--
``(A) oversee all issues relating to risk within
the Bank; and
``(B) report to the President of the Bank.
``(2) Appointment.--Not later than 180 days after the date
of the enactment of the Export-Import Bank Reform and
Reauthorization Act of 2015, the Chief Risk Officer shall be--
``(A) appointed by the President of the Bank from
among persons--
``(i) with a demonstrated ability in the
general management of, and knowledge of and
extensive practical experience in, financial
risk evaluation practices in large governmental
or business entities; and
``(ii) who are not serving in a position
requiring appointment by the President of the
United States before being appointed to be
Chief Risk Officer; and
``(B) approved by the Board.
``(3) Duties.--The duties of the Chief Risk Officer are--
``(A) to be responsible for all matters related to
managing and mitigating all risk to which the Bank is
exposed, including the programs and operations of the
Bank;
``(B) to establish policies and processes for risk
oversight, the monitoring of management compliance with
risk limits, and the management of risk exposures and
risk controls across the Bank;
``(C) to be responsible for the planning and
execution of all Bank risk management activities,
including policies, reporting, and systems to achieve
strategic risk objectives;
``(D) to develop an integrated risk management
program that includes identifying, prioritizing,
measuring, monitoring, and managing internal control
and operating risks and other identified risks;
``(E) to ensure that the process for risk
assessment and underwriting for individual transactions
considers how each such transaction considers the
effect of the transaction on the concentration of
exposure in the overall portfolio of the Bank, taking
into account fees, collateralization, and historic
default rates; and
``(F) to review the adequacy of the use by the Bank
of qualitative metrics to assess the risk of default
under various scenarios.''.
SEC. 51006. RISK MANAGEMENT COMMITTEE.
(a) In General.--Section 3 of the Export-Import Bank Act of 1945
(12 U.S.C. 635a), as amended by sections 91004 and 91005, is further
amended by adding at the end the following:
``(m) Risk Management Committee.--
``(1) Establishment.--There is established a management
committee to be known as the `Risk Management Committee'.
``(2) Membership.--The membership of the Risk Management
Committee shall be the members of the Board of Directors, with
the President and First Vice President of the Bank serving as
ex officio members.
``(3) Duties.--The duties of the Risk Management Committee
shall be--
``(A) to oversee, in conjunction with the Office of
the Chief Financial Officer of the Bank--
``(i) periodic stress testing on the entire
Bank portfolio, reflecting different market,
industry, and macroeconomic scenarios, and
consistent with common practices of commercial
and multilateral development banks; and
``(ii) the monitoring of industry,
geographic, and obligor exposure levels; and
``(B) to review all required reports on the default
rate of the Bank before submission to Congress under
section 8(g).''.
(b) Termination of Audit Committee.--Not later than 180 days after
the date of the enactment of this Act, the Board of Directors of the
Export-Import Bank of the United States shall revise the bylaws of the
Bank to terminate the Audit Committee established by section 7 of the
bylaws.
SEC. 51007. INDEPENDENT AUDIT OF BANK PORTFOLIO.
(a) Audit.--The Inspector General of the Export-Import Bank of the
United States shall conduct an audit or evaluation of the portfolio
risk management procedures of the Bank, including a review of the
implementation by the Bank of the duties assigned to the Chief Risk
Officer under section 3(l) of the Export-Import Bank Act of 1945, as
amended by section 51005.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, and not less frequently than every 3 years thereafter, the
Inspector 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 written report containing all
findings and determinations made in carrying out subsection (a).
SEC. 51008. PILOT PROGRAM FOR REINSURANCE.
(a) In General.--Notwithstanding any provision of the Export-Import
Bank Act of 1945 (12 U.S.C. 635 et seq.), the Export-Import Bank of the
United States (in this section referred to as the ``Bank'') may
establish a pilot program under which the Bank may enter into contracts
and other arrangements to share risks associated with the provision of
guarantees, insurance, or credit, or the participation in the extension
of credit, by the Bank under that Act.
(b) Limitations on Amount of Risk-Sharing.--
(1) Per contract or other arrangement.--The aggregate
amount of liability the Bank may transfer through risk-sharing
pursuant to a contract or other arrangement entered into under
subsection (a) may not exceed $1,000,000,000.
(2) Per year.--The aggregate amount of liability the Bank
may transfer through risk-sharing during a fiscal year pursuant
to contracts or other arrangements entered into under
subsection (a) during that fiscal year may not exceed
$10,000,000,000.
(c) Annual Reports.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter through 2019, the Bank
shall submit to Congress a written report that contains a detailed
analysis of the use of the pilot program carried out under subsection
(a) during the year preceding the submission of the report.
(d) Rule of Construction.--Nothing in this section shall be
construed to affect, impede, or revoke any authority of the Bank.
(e) Termination.--The pilot program carried out under subsection
(a) shall terminate on September 30, 2019.
TITLE LII--PROMOTION OF SMALL BUSINESS EXPORTS
SEC. 52001. INCREASE IN SMALL BUSINESS LENDING REQUIREMENTS.
(a) In General.--Section 2(b)(1)(E)(v) of the Export-Import Bank
Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by striking ``20
percent'' and inserting ``25 percent''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2016 and each fiscal year thereafter.
SEC. 52002. REPORT ON PROGRAMS FOR SMALL- AND MEDIUM-SIZED BUSINESSES.
(a) In General.--Section 8 of the Export-Import Bank Act of 1945
(12 U.S.C. 635g) is amended by adding at the end the following:
``(k) Report on Programs for Small- and Medium-Sized Businesses.--
The Bank shall include in its annual report to Congress under
subsection (a) a report on the programs of the Bank for United States
businesses with less than $250,000,000 in annual sales.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to the report of the Export-Import Bank of the
United States submitted to Congress under section 8 of the Export-
Import Bank Act of 1945 (12 U.S.C. 635g) for the first year that begins
after the date of the enactment of this Act.
TITLE LIII--MODERNIZATION OF OPERATIONS
SEC. 53001. ELECTRONIC PAYMENTS AND DOCUMENTS.
Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)) is amended by adding at the end the following:
``(M) Not later than 2 years after the date of the enactment of the
Export-Import Bank Reform and Reauthorization Act of 2015, the Bank
shall implement policies--
``(i) to accept electronic documents with respect to
transactions whenever possible, including copies of bills of
lading, certifications, and compliance documents, in such
manner so as not to undermine any potential civil or criminal
enforcement related to the transactions; and
``(ii) to accept electronic payments in all of its
programs.''.
SEC. 53002. REAUTHORIZATION OF INFORMATION TECHNOLOGY UPDATING.
Section 3(j) of the Export-Import Act of 1945 (12 U.S.C. 635a(j))
is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``2012, 2013, and 2014'' and inserting ``2015
through 2019'';
(2) in paragraph (2)(B), by striking ``(I) the funds'' and
inserting ``(i) the funds''; and
(3) in paragraph (3), by striking ``2012, 2013, and 2014''
and inserting ``2015 through 2019''.
TITLE LIV--GENERAL PROVISIONS
SEC. 54001. EXTENSION OF AUTHORITY.
(a) In General.--Section 7 of the Export-Import Bank Act of 1945
(12 U.S.C. 635f) is amended by striking ``2014'' and inserting
``2019''.
(b) Dual-Use Exports.--Section 1(c) of Public Law 103-428 (12
U.S.C. 635 note) is amended by striking ``September 30, 2014'' and
inserting ``the date on which the authority of the Export-Import Bank
of the United States expires under section 7 of the Export-Import Bank
Act of 1945 (12 U.S.C. 635f)''.
(c) Sub-Saharan Africa Advisory Committee.--Section 2(b)(9)(B)(iii)
of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(9)(B)(iii)) is
amended by striking ``September 30, 2014'' and inserting ``the date on
which the authority of the Bank expires under section 7''.
(d) Effective Date.--The amendments made by this section shall take
effect on the earlier of the date of the enactment of this Act or June
30, 2015.
SEC. 54002. CERTAIN UPDATED LOAN TERMS AND AMOUNTS.
(a) Loan Terms for Medium-Term Financing.--Section 2(a)(2)(A) of
the Export-Import Bank Act of 1945 (12 U.S.C. 635(a)(2)(A)) is
amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon; and
(2) by adding at the end the following:
``(iii) with principal amounts of not more than
$25,000,000; and''.
(b) Competitive Opportunities Relating to Insurance.--Section
2(d)(2) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(d)(2)) is
amended by striking ``$10,000,000'' and inserting ``$25,000,000''.
(c) Export Amounts for Small Business Loans.--Section 3(g)(3) of
the Export-Import Bank Act of 1945 (12 U.S.C. 635a(g)(3)) is amended by
striking ``$10,000,000'' and inserting ``$25,000,000''.
(d) Consideration of Environmental Effects.--Section 11(a)(1)(A) of
the Export-Import Bank Act of 1945 (12 U.S.C. 635i-5(a)(1)(A)) is
amended by striking ``$10,000,000 or more'' and inserting the
following: ``$25,000,000 (or, if less than $25,000,000, the threshold
established pursuant to international agreements, including the Common
Approaches for Officially Supported Export Credits and Environmental
and Social Due Diligence, as adopted by the Organisation for Economic
Co-operation and Development Council on June 28, 2012, and the risk-
management framework adopted by financial institutions for determining,
assessing, and managing environmental and social risk in projects
(commonly referred to as the `Equator Principles')) or more''.
(e) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2016 and each fiscal year thereafter.
TITLE LV--OTHER MATTERS
SEC. 55001. PROHIBITION ON DISCRIMINATION BASED ON INDUSTRY.
Section 2 of the Export-Import Bank Act of 1945 (6 U.S.C. 635 et
seq.) is amended by adding at the end the following:
``(k) Prohibition on Discrimination Based on Industry.--
``(1) In general.--Except as provided in this Act, the Bank
may not--
``(A) deny an application for financing based
solely on the industry, sector, or business that the
application concerns; or
``(B) promulgate or implement policies that
discriminate against an application based solely on the
industry, sector, or business that the application
concerns.
``(2) Applicability.--The prohibitions under paragraph (1)
apply only to applications for financing by the Bank for
projects concerning the exploration, development, production,
or export of energy sources and the generation or transmission
of electrical power, or combined heat and power, regardless of
the energy source involved.''.
SEC. 55002. NEGOTIATIONS TO END EXPORT CREDIT FINANCING.
(a) In General.--Section 11 of the Export-Import Bank
Reauthorization Act of 2012 (12 U.S.C. 635a-5) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``Secretary of the Treasury (in this section
referred to as the `Secretary')'' and inserting
``President''; and
(B) in paragraph (1)--
(i) by striking ``(OECD)'' and inserting
``(in this section referred to as the
`OECD')''; and
(ii) by striking ``ultimate goal of
eliminating'' and inserting ``possible goal of
eliminating, before the date that is 10 years
after the date of the enactment of the Export-
Import Bank Reform and Reauthorization Act of
2015,'';
(2) in subsection (b), by striking ``Secretary'' each place
it appears and inserting ``President''; and
(3) by adding at the end the following:
``(c) Report on Strategy.--Not later than 180 days after the date
of the enactment of the Export-Import Bank Reform and Reauthorization
Act of 2015, the President shall submit to Congress a proposal, and a
strategy for achieving the proposal, that the United States Government
will pursue with other major exporting countries, including OECD
members and non-OECD members, to eliminate over a period of not more
than 10 years subsidized export-financing programs, tied aid, export
credits, and all other forms of government-supported export subsidies.
``(d) Negotiations With Non-OECD Members.--The President shall
initiate and pursue negotiations with countries that are not OECD
members to bring those countries into a multilateral agreement
establishing rules and limitations on officially supported export
credits.
``(e) Annual Reports on Progress of Negotiations.--Not later than
180 days after the date of the enactment of the Export-Import Bank
Reform and Reauthorization Act of 2015, and annually thereafter through
calendar year 2019, the President 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 on the
progress of any negotiations described in subsection (d).''.
(b) Effective Date.--The amendments made by paragraphs (1) and (2)
of subsection (a) shall apply with respect to reports required to be
submitted under section 11(b) of the Export-Import Bank Reauthorization
Act of 2012 (12 U.S.C. 635a-5(b)) after the date of the enactment of
this Act.
SEC. 55003. STUDY OF FINANCING FOR INFORMATION AND COMMUNICATIONS
TECHNOLOGY SYSTEMS.
(a) Analysis of Information and Communications Technology Industry
Use of Bank Products.--The Export-Import Bank of the United States (in
this section referred to as the ``Bank'') shall conduct a study of the
extent to which the products offered by the Bank are available and used
by companies that export information and communications technology
services and related goods.
(b) Elements.--In conducting the study required by subsection (a),
the Bank shall examine the following:
(1) The number of jobs in the United States that are
supported by the export of information and communications
technology services and related goods, and the degree to which
access to financing will increase exports of such services and
related goods.
(2) The reduction in the financing by the Bank of exports
of information and communications technology services from 2003
through 2014.
(3) The activities of foreign export credit agencies to
facilitate the export of information and communications
technology services and related goods.
(4) Specific proposals for how the Bank could provide
additional financing for the exportation of information and
communications technology services and related goods through
risk-sharing with other export credit agencies and other third
parties.
(5) Proposals for new products the Bank could offer to
provide financing for exports of information and communications
technology services and related goods, including--
(A) the extent to which the Bank is authorized to
offer new products;
(B) the extent to which the Bank would need
additional authority to offer new products to meet the
needs of the information and communications technology
industry;
(C) specific proposals for changes in law that
would enable the Bank to provide increased financing
for exports of information and communications
technology services and related goods in compliance
with the credit and risk standards of the Bank;
(D) specific proposals that would enable the Bank
to provide increased outreach to the information and
communications technology industry about the products
the Bank offers; and
(E) specific proposals for changes in law that
would enable the Bank to provide the financing to build
information and communications technology
infrastructure, in compliance with the credit and risk
standards of the Bank, to allow for market access
opportunities for United States information and
communications technology companies to provide services
on the infrastructure being financed by the Bank.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Bank shall submit to Congress a report that
contains the results of the study required by subsection (a).
DIVISION F--ENERGY SECURITY
SEC. 61001. EMERGENCY PREPAREDNESS FOR ENERGY SUPPLY DISRUPTIONS.
(a) Finding.--Congress finds that recent natural disasters have
underscored the importance of having resilient oil and natural gas
infrastructure and effective ways for industry and government to
communicate to address energy supply disruptions.
(b) Authorization for Activities To Enhance Emergency Preparedness
for Natural Disasters.--The Secretary of Energy shall develop and adopt
procedures to--
(1) improve communication and coordination between the
Department of Energy's energy response team, Federal partners,
and industry;
(2) leverage the Energy Information Administration's
subject matter expertise within the Department's energy
response team to improve supply chain situation assessments;
(3) establish company liaisons and direct communication
with the Department's energy response team to improve situation
assessments;
(4) streamline and enhance processes for obtaining
temporary regulatory relief to speed up emergency response and
recovery;
(5) facilitate and increase engagement among States, the
oil and natural gas industry, and the Department in developing
State and local energy assurance plans;
(6) establish routine education and training programs for
key government emergency response positions with the Department
and States; and
(7) involve States and the oil and natural gas industry in
comprehensive drill and exercise programs.
(c) Cooperation.--The activities carried out under subsection (b)
shall include collaborative efforts with State and local government
officials and the private sector.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Energy shall submit to Congress a report
describing the effectiveness of the activities authorized under this
section.
SEC. 61002. RESOLVING ENVIRONMENTAL AND GRID RELIABILITY CONFLICTS.
(a) Compliance With or Violation of Environmental Laws While Under
Emergency Order.--Section 202(c) of the Federal Power Act (16 U.S.C.
824a(c)) is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2) With respect to an order issued under this subsection that
may result in a conflict with a requirement of any Federal, State, or
local environmental law or regulation, the Commission shall ensure that
such order requires generation, delivery, interchange, or transmission
of electric energy only during hours necessary to meet the emergency
and serve the public interest, and, to the maximum extent practicable,
is consistent with any applicable Federal, State, or local
environmental law or regulation and minimizes any adverse environmental
impacts.
``(3) To the extent any omission or action taken by a party, that
is necessary to comply with an order issued under this subsection,
including any omission or action taken to voluntarily comply with such
order, results in noncompliance with, or causes such party to not
comply with, any Federal, State, or local environmental law or
regulation, such omission or action shall not be considered a violation
of such environmental law or regulation, or subject such party to any
requirement, civil or criminal liability, or a citizen suit under such
environmental law or regulation.
``(4)(A) An order issued under this subsection that may result in a
conflict with a requirement of any Federal, State, or local
environmental law or regulation shall expire not later than 90 days
after it is issued. The Commission may renew or reissue such order
pursuant to paragraphs (1) and (2) for subsequent periods, not to
exceed 90 days for each period, as the Commission determines necessary
to meet the emergency and serve the public interest.
``(B) In renewing or reissuing an order under subparagraph (A), the
Commission shall consult with the primary Federal agency with expertise
in the environmental interest protected by such law or regulation, and
shall include in any such renewed or reissued order such conditions as
such Federal agency determines necessary to minimize any adverse
environmental impacts to the extent practicable. The conditions, if
any, submitted by such Federal agency shall be made available to the
public. The Commission may exclude such a condition from the renewed or
reissued order if it determines that such condition would prevent the
order from adequately addressing the emergency necessitating such order
and provides in the order, or otherwise makes publicly available, an
explanation of such determination.
``(5) If an order issued under this subsection is subsequently
stayed, modified, or set aside by a court pursuant to section 313 or
any other provision of law, any omission or action previously taken by
a party that was necessary to comply with the order while the order was
in effect, including any omission or action taken to voluntarily comply
with the order, shall remain subject to paragraph (3).''.
(b) Temporary Connection or Construction by Municipalities.--
Section 202(d) of the Federal Power Act (16 U.S.C. 824a(d)) is amended
by inserting ``or municipality'' before ``engaged in the transmission
or sale of electric energy''.
SEC. 61003. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.
(a) Critical Electric Infrastructure Security.--Part II of the
Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding after
section 215 the following new section:
``SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.
``(a) Definitions.--For purposes of this section:
``(1) Bulk-power system; electric reliability organization;
regional entity.--The terms `bulk-power system', `Electric
Reliability Organization', and `regional entity' have the
meanings given such terms in paragraphs (1), (2), and (7) of
section 215(a), respectively.
``(2) Critical electric infrastructure.--The term `critical
electric infrastructure' means a system or asset of the bulk-
power system, whether physical or virtual, the incapacity or
destruction of which would negatively affect national security,
economic security, public health or safety, or any combination
of such matters.
``(3) Critical electric infrastructure information.--The
term `critical electric infrastructure information' means
information related to critical electric infrastructure, or
proposed critical electrical infrastructure, generated by or
provided to the Commission or other Federal agency, other than
classified national security information, that is designated as
critical electric infrastructure information by the Commission
under subsection (d)(2). Such term includes information that
qualifies as critical energy infrastructure information under
the Commission's regulations.
``(4) Defense critical electric infrastructure.--The term
`defense critical electric infrastructure' means any electric
infrastructure located in the United States (including the
territories) that serves a facility designated by the Secretary
pursuant to subsection (c), but is not owned or operated by the
owner or operator of such facility.
``(5) Electromagnetic pulse.--The term `electromagnetic
pulse' means 1 or more pulses of electromagnetic energy emitted
by a device capable of disabling or disrupting operation of, or
destroying, electronic devices or communications networks,
including hardware, software, and data, by means of such a
pulse.
``(6) Geomagnetic storm.--The term `geomagnetic storm'
means a temporary disturbance of the Earth's magnetic field
resulting from solar activity.
``(7) Grid security emergency.--The term `grid security
emergency' means the occurrence or imminent danger of--
``(A)(i) a malicious act using electronic
communication or an electromagnetic pulse, or a
geomagnetic storm event, that could disrupt the
operation of those electronic devices or communications
networks, including hardware, software, and data, that
are essential to the reliability of critical electric
infrastructure or of defense critical electric
infrastructure; and
``(ii) disruption of the operation of such devices
or networks, with significant adverse effects on the
reliability of critical electric infrastructure or of
defense critical electric infrastructure, as a result
of such act or event; or
``(B)(i) a direct physical attack on critical
electric infrastructure or on defense critical electric
infrastructure; and
``(ii) significant adverse effects on the
reliability of critical electric infrastructure or of
defense critical electric infrastructure as a result of
such physical attack.
``(8) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(b) Authority To Address Grid Security Emergency.--
``(1) Authority.--Whenever the President issues and
provides to the Secretary a written directive or determination
identifying a grid security emergency, the Secretary may, with
or without notice, hearing, or report, issue such orders for
emergency measures as are necessary in the judgment of the
Secretary to protect or restore the reliability of critical
electric infrastructure or of defense critical electric
infrastructure during such emergency. As soon as practicable
but not later than 180 days after the date of enactment of this
section, the Secretary shall, after notice and opportunity for
comment, establish rules of procedure that ensure that such
authority can be exercised expeditiously.
``(2) Notification of congress.--Whenever the President
issues and provides to the Secretary a written directive or
determination under paragraph (1), the President shall promptly
notify congressional committees of relevant jurisdiction,
including the Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate, of the contents of, and justification
for, such directive or determination.
``(3) Consultation.--Before issuing an order for emergency
measures under paragraph (1), the Secretary shall, to the
extent practicable in light of the nature of the grid security
emergency and the urgency of the need for action, consult with
appropriate governmental authorities in Canada and Mexico,
entities described in paragraph (4), the Electricity Sub-sector
Coordinating Council, the Commission, and other appropriate
Federal agencies regarding implementation of such emergency
measures.
``(4) Application.--An order for emergency measures under
this subsection may apply to--
``(A) the Electric Reliability Organization;
``(B) a regional entity; or
``(C) any owner, user, or operator of critical
electric infrastructure or of defense critical electric
infrastructure within the United States.
``(5) Expiration and reissuance.--
``(A) In general.--Except as provided in
subparagraph (B), an order for emergency measures
issued under paragraph (1) shall expire no later than
15 days after its issuance.
``(B) Extensions.--The Secretary may reissue an
order for emergency measures issued under paragraph (1)
for subsequent periods, not to exceed 15 days for each
such period, provided that the President, for each such
period, issues and provides to the Secretary a written
directive or determination that the grid security
emergency identified under paragraph (1) continues to
exist or that the emergency measure continues to be
required.
``(6) Cost recovery.--
``(A) Critical electric infrastructure.--If the
Commission determines that owners, operators, or users
of critical electric infrastructure have incurred
substantial costs to comply with an order for emergency
measures issued under this subsection and that such
costs were prudently incurred and cannot reasonably be
recovered through regulated rates or market prices for
the electric energy or services sold by such owners,
operators, or users, the Commission shall, consistent
with the requirements of section 205, after notice and
an opportunity for comment, establish a mechanism that
permits such owners, operators, or users to recover
such costs.
``(B) Defense critical electric infrastructure.--To
the extent the owner or operator of defense critical
electric infrastructure is required to take emergency
measures pursuant to an order issued under this
subsection, the owners or operators of a critical
defense facility or facilities designated by the
Secretary pursuant to subsection (c) that rely upon
such infrastructure shall bear the full incremental
costs of the measures.
``(7) Temporary access to classified information.--The
Secretary, and other appropriate Federal agencies, shall, to
the extent practicable and consistent with their obligations to
protect classified information, provide temporary access to
classified information related to a grid security emergency for
which emergency measures are issued under paragraph (1) to key
personnel of any entity subject to such emergency measures to
enable optimum communication between the entity and the
Secretary and other appropriate Federal agencies regarding the
grid security emergency.
``(c) Designation of Critical Defense Facilities.--Not later than
180 days after the date of enactment of this section, the Secretary, in
consultation with other appropriate Federal agencies and appropriate
owners, users, or operators of infrastructure that may be defense
critical electric infrastructure, shall identify and designate
facilities located in the United States (including the territories)
that are--
``(1) critical to the defense of the United States; and
``(2) vulnerable to a disruption of the supply of electric
energy provided to such facility by an external provider.
The Secretary may, in consultation with appropriate Federal agencies
and appropriate owners, users, or operators of defense critical
electric infrastructure, periodically revise the list of designated
facilities as necessary.
``(d) Protection and Sharing of Critical Electric Infrastructure
Information.--
``(1) Protection of critical electric infrastructure
information.--Critical electric infrastructure information--
``(A) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code; and
``(B) shall not be made available by any Federal,
State, political subdivision or tribal authority
pursuant to any Federal, State, political subdivision
or tribal law requiring public disclosure of
information or records.
``(2) Designation and sharing of critical electric
infrastructure information.--Not later than one year after the
date of enactment of this section, the Commission, in
consultation with the Secretary of Energy, shall promulgate
such regulations and issue such orders as necessary to--
``(A) designate information as critical electric
infrastructure information;
``(B) prohibit the unauthorized disclosure of
critical electric infrastructure information;
``(C) ensure there are appropriate sanctions in
place for Commissioners, officers, employees, or agents
of the Commission who knowingly and willfully disclose
critical electric infrastructure information in a
manner that is not authorized under this section; and
``(D) taking into account standards of the Electric
Reliability Organization, facilitate voluntary sharing
of critical electric infrastructure information with,
between, and by--
``(i) Federal, State, political
subdivision, and tribal authorities;
``(ii) the Electric Reliability
Organization;
``(iii) regional entities;
``(iv) information sharing and analysis
centers established pursuant to Presidential
Decision Directive 63;
``(v) owners, operators, and users of
critical electric infrastructure in the United
States; and
``(vi) other entities determined
appropriate by the Commission.
``(3) Considerations.--In promulgating regulations and
issuing orders under paragraph (2), the Commission shall take
into consideration the role of State commissions in reviewing
the prudence and cost of investments, determining the rates and
terms of conditions for electric services, and ensuring the
safety and reliability of the bulk-power system and
distribution facilities within their respective jurisdictions.
``(4) Protocols.--The Commission shall, in consultation
with Canadian and Mexican authorities, develop protocols for
the voluntary sharing of critical electric infrastructure
information with Canadian and Mexican authorities and owners,
operators, and users of the bulk-power system outside the
United States.
``(5) No required sharing of information.--Nothing in this
section shall require a person or entity in possession of
critical electric infrastructure information to share such
information with Federal, State, political subdivision, or
tribal authorities, or any other person or entity.
``(6) Submission of information to congress.--Nothing in
this section shall permit or authorize the withholding of
information from Congress, any committee or subcommittee
thereof, or the Comptroller General.
``(7) Disclosure of nonprotected information.--In
implementing this section, the Commission shall segregate
critical electric infrastructure information or information
that reasonably could be expected to lead to the disclosure of
the critical electric infrastructure information within
documents and electronic communications, wherever feasible, to
facilitate disclosure of information that is not designated as
critical electric infrastructure information.
``(8) Duration of designation.--Information may not be
designated as critical electric infrastructure information for
longer than 5 years, unless specifically re-designated by the
Commission.
``(9) Removal of designation.--The Commission shall remove
the designation of critical electric infrastructure
information, in whole or in part, from a document or electronic
communication if the Commission determines that the
unauthorized disclosure of such information could no longer be
used to impair the security or reliability of the bulk-power
system or distribution facilities.
``(10) Judicial review of designations.--Notwithstanding
section 313(b), any determination by the Commission concerning
the designation of critical electric infrastructure information
under this subsection shall be subject to review under chapter
7 of title 5, United States Code, except that such review shall
be brought in the district court of the United States in the
district in which the complainant resides, or has his principal
place of business, or in the District of Columbia. In such a
case the court shall examine in camera the contents of
documents or electronic communications that are the subject of
the determination under review to determine whether such
documents or any part thereof were improperly designated or not
designated as critical electric infrastructure information.
``(e) Security Clearances.--The Secretary shall facilitate and, to
the extent practicable, expedite the acquisition of adequate security
clearances by key personnel of any entity subject to the requirements
of this section, to enable optimum communication with Federal agencies
regarding threats to the security of the critical electric
infrastructure. The Secretary, the Commission, and other appropriate
Federal agencies shall, to the extent practicable and consistent with
their obligations to protect classified and critical electric
infrastructure information, share timely actionable information
regarding grid security with appropriate key personnel of owners,
operators, and users of the critical electric infrastructure.
``(f) Clarifications of Liability.--
``(1) Compliance with or violation of this act.--Except as
provided in paragraph (4), to the extent any action or omission
taken by an entity that is necessary to comply with an order
for emergency measures issued under subsection (b)(1),
including any action or omission taken to voluntarily comply
with such order, results in noncompliance with, or causes such
entity not to comply with any rule, order, regulation, or
provision of this Act, including any reliability standard
approved by the Commission pursuant to section 215, such action
or omission shall not be considered a violation of such rule,
order, regulation, or provision.
``(2) Relation to section 202(c).--Except as provided in
paragraph (4), an action or omission taken by an owner,
operator, or user of critical electric infrastructure or of
defense critical electric infrastructure to comply with an
order for emergency measures issued under subsection (b)(1)
shall be treated as an action or omission taken to comply with
an order issued under section 202(c) for purposes of such
section.
``(3) Sharing or receipt of information.--No cause of
action shall lie or be maintained in any Federal or State court
for the sharing or receipt of information under, and that is
conducted in accordance with, subsection (d).
``(4) Rule of construction.--Nothing in this subsection
shall be construed to require dismissal of a cause of action
against an entity that, in the course of complying with an
order for emergency measures issued under subsection (b)(1) by
taking an action or omission for which they would be liable but
for paragraph (1) or (2), takes such action or omission in a
grossly negligent manner.''.
(b) Conforming Amendments.--
(1) Jurisdiction.--Section 201(b)(2) of the Federal Power
Act (16 U.S.C. 824(b)(2)) is amended by inserting ``215A,''
after ``215,'' each place it appears.
(2) Public utility.--Section 201(e) of the Federal Power
Act (16 U.S.C. 824(e)) is amended by inserting ``215A,'' after
``215,''.
SEC. 61004. STRATEGIC TRANSFORMER RESERVE.
(a) Finding.--Congress finds that the storage of strategically
located spare large power transformers and emergency mobile substations
will reduce the vulnerability of the United States to multiple risks
facing electric grid reliability, including physical attack, cyber
attack, electromagnetic pulse, geomagnetic disturbances, severe
weather, and seismic events.
(b) Definitions.--In this section:
(1) Bulk-power system.--The term ``bulk-power system'' has
the meaning given such term in section 215(a) of the Federal
Power Act (16 U.S.C. 824o(a)).
(2) Critically damaged large power transformer.--The term
``critically damaged large power transformer'' means a large
power transformer that--
(A) has sustained extensive damage such that--
(i) repair or refurbishment is not
economically viable; or
(ii) the extensive time to repair or
refurbish the large power transformer would
create an extended period of instability in the
bulk-power system; and
(B) prior to sustaining such damage, was part of
the bulk-power system.
(3) Critical electric infrastructure.--The term ``critical
electric infrastructure'' has the meaning given that term in
section 215A of the Federal Power Act.
(4) Electric reliability organization.--The term ``Electric
Reliability Organization'' has the meaning given such term in
section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
(5) Emergency mobile substation.--The term ``emergency
mobile substation'' means a mobile substation or mobile
transformer that is--
(A) assembled and permanently mounted on a trailer
that is capable of highway travel and meets relevant
Department of Transportation regulations; and
(B) intended for express deployment and capable of
being rapidly placed into service.
(6) Large power transformer.--The term ``large power
transformer'' means a power transformer with a maximum
nameplate rating of 100 megavolt-amperes or higher, including
related critical equipment, that is, or is intended to be, a
part of the bulk-power system.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(8) Spare large power transformer.--The term ``spare large
power transformer'' means a large power transformer that is
stored within the Strategic Transformer Reserve to be available
to temporarily replace a critically damaged large power
transformer.
(c) Strategic Transformer Reserve Plan.--
(1) Plan.--Not later than 1 year after the date of
enactment of this Act, the Secretary, acting through the Office
of Electricity Delivery and Energy Reliability, shall, in
consultation with the Federal Energy Regulatory Commission, the
Electricity Sub-sector Coordinating Council, the Electric
Reliability Organization, and owners and operators of critical
electric infrastructure and defense and military installations,
prepare and submit to Congress a plan to establish a Strategic
Transformer Reserve for the storage, in strategically located
facilities, of spare large power transformers and emergency
mobile substations in sufficient numbers to temporarily replace
critically damaged large power transformers and substations
that are critical electric infrastructure or serve defense and
military installations.
(2) Inclusions.--The Strategic Transformer Reserve plan
shall include a description of--
(A) the appropriate number and type of spare large
power transformers necessary to provide or restore
sufficient resiliency to the bulk-power system,
critical electric infrastructure, and defense and
military installations to mitigate significant impacts
to the electric grid resulting from--
(i) physical attack;
(ii) cyber attack;
(iii) electromagnetic pulse attack;
(iv) geomagnetic disturbances;
(v) severe weather; or
(vi) seismic events;
(B) other critical electric grid equipment for
which an inventory of spare equipment, including
emergency mobile substations, is necessary to provide
or restore sufficient resiliency to the bulk-power
system, critical electric infrastructure, and defense
and military installations;
(C) the degree to which utility sector actions or
initiatives, including individual utility ownership of
spare equipment, joint ownership of spare equipment
inventory, sharing agreements, or other spare equipment
reserves or arrangements, satisfy the needs identified
under subparagraphs (A) and (B);
(D) the potential locations for, and feasibility
and appropriate number of, strategic storage locations
for reserve equipment, including consideration of--
(i) the physical security of such
locations;
(ii) the protection of the confidentiality
of such locations; and
(iii) the proximity of such locations to
sites of potentially critically damaged large
power transformers and substations that are
critical electric infrastructure or serve
defense and military installations, so as to
enable efficient delivery of equipment to such
sites;
(E) the necessary degree of flexibility of spare
large power transformers to be included in the
Strategic Transformer Reserve to conform to different
substation configurations, including consideration of
transformer--
(i) power and voltage rating for each
winding;
(ii) overload requirements;
(iii) impedance between windings;
(iv) configuration of windings; and
(v) tap requirements;
(F) an estimate of the direct cost of the Strategic
Transformer Reserve, as proposed, including--
(i) the cost of storage facilities;
(ii) the cost of the equipment; and
(iii) management, maintenance, and
operation costs;
(G) the funding options available to establish,
stock, manage, and maintain the Strategic Transformer
Reserve, including consideration of fees on owners and
operators of bulk-power system facilities, critical
electric infrastructure, and defense and military
installations relying on the Strategic Transformer
Reserve, use of Federal appropriations, and public-
private cost-sharing options;
(H) the ease and speed of transportation,
installation, and energization of spare large power
transformers to be included in the Strategic
Transformer Reserve, including consideration of factors
such as--
(i) transformer transportation weight;
(ii) transformer size;
(iii) topology of critical substations;
(iv) availability of appropriate
transformer mounting pads;
(v) flexibility of the spare large power
transformers as described in subparagraph (E);
and
(vi) ability to rapidly transition a spare
large power transformer from storage to
energization;
(I) eligibility criteria for withdrawal of
equipment from the Strategic Transformer Reserve;
(J) the process by which owners or operators of
critically damaged large power transformers or
substations that are critical electric infrastructure
or serve defense and military installations may apply
for a withdrawal from the Strategic Transformer
Reserve;
(K) the process by which equipment withdrawn from
the Strategic Transformer Reserve is returned to the
Strategic Transformer Reserve or is replaced;
(L) possible fees to be paid by users of equipment
withdrawn from the Strategic Transformer Reserve;
(M) possible fees to be paid by owners and
operators of large power transformers and substations
that are critical electric infrastructure or serve
defense and military installations to cover operating
costs of the Strategic Transformer Reserve;
(N) the domestic and international large power
transformer supply chain;
(O) the potential reliability, cost, and
operational benefits of including emergency mobile
substations in any Strategic Transformer Reserve
established under this section; and
(P) other considerations for designing,
constructing, stocking, funding, and managing the
Strategic Transformer Reserve.
(d) Establishment.--The Secretary may establish a Strategic
Transformer Reserve in accordance with the plan prepared pursuant to
subsection (c) after the date that is 6 months after the date on which
such plan is submitted to Congress.
(e) Disclosure of Information.--Any information included in the
Strategic Transformer Reserve plan, or shared in the preparation and
development of such plan, the disclosure of which could cause harm to
critical electric infrastructure, shall be exempt from disclosure under
section 552(b)(3) of title 5, United States Code, and any State,
tribal, or local law requiring disclosure of information or records.
SEC. 61005. ENERGY SECURITY VALUATION.
(a) Establishment of Energy Security Valuation Methods.--Not later
than 1 year after the date of enactment of this Act, the Secretary of
Energy, in collaboration with the Secretary of State, shall develop and
transmit, after public notice and comment, to the Committee on Energy
and Commerce and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Energy and Natural Resources and
the Committee on Foreign Relations of the Senate a report that develops
recommended United States energy security valuation methods. In
developing the report, the Secretaries may consider the recommendations
of the Administration's Quadrennial Energy Review released on April 21,
2015. The report shall--
(1) evaluate and define United States energy security to
reflect modern domestic and global energy markets and the
collective needs of the United States and its allies and
partners;
(2) identify transparent and uniform or coordinated
procedures and criteria to ensure that energy-related actions
that significantly affect the supply, distribution, or use of
energy are evaluated with respect to their potential impact on
energy security, including their impact on--
(A) consumers and the economy;
(B) energy supply diversity and resiliency;
(C) well-functioning and competitive energy
markets;
(D) United States trade balance; and
(E) national security objectives; and
(3) include a recommended implementation strategy that
identifies and aims to ensure that the procedures and criteria
referred to in paragraph (2) are--
(A) evaluated consistently across the Federal
Government; and
(B) weighed appropriately and balanced with
environmental considerations required by Federal law.
(b) Participation.--In developing the report referred to in
subsection (a), the Secretaries may consult with relevant Federal,
State, private sector, and international participants, as appropriate
and consistent with applicable law.
DIVISION G--FINANCIAL SERVICES
TITLE LXXI--IMPROVING ACCESS TO CAPITAL FOR EMERGING GROWTH COMPANIES
SEC. 71001. FILING REQUIREMENT FOR PUBLIC FILING PRIOR TO PUBLIC
OFFERING.
Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 77f(e)(1))
is amended by striking ``21 days'' and inserting ``15 days''.
SEC. 71002. GRACE PERIOD FOR CHANGE OF STATUS OF EMERGING GROWTH
COMPANIES.
Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 77f(e)(1))
is further amended by adding at the end the following: ``An issuer that
was an emerging growth company at the time it submitted a confidential
registration statement or, in lieu thereof, a publicly filed
registration statement for review under this subsection but ceases to
be an emerging growth company thereafter shall continue to be treated
as an emerging market growth company for the purposes of this
subsection through the earlier of the date on which the issuer
consummates its initial public offering pursuant to such registrations
statement or the end of the 1-year period beginning on the date the
company ceases to be an emerging growth company.''.
SEC. 71003. SIMPLIFIED DISCLOSURE REQUIREMENTS FOR EMERGING GROWTH
COMPANIES.
Section 102 of the Jumpstart Our Business Startups Act (Public Law
112-106) is amended by adding at the end the following:
``(d) Simplified Disclosure Requirements.--With respect to an
emerging growth company (as such term is defined under section 2 of the
Securities Act of 1933):
``(1) Requirement to include notice on forms s-1 and f-1.--
Not later than 30 days after the date of enactment of this
subsection, the Securities and Exchange Commission shall revise
its general instructions on Forms S-1 and F-1 to indicate that
a registration statement filed (or submitted for confidential
review) by an issuer prior to an initial public offering may
omit financial information for historical periods otherwise
required by regulation S-X (17 CFR 210.1-01 et seq.) as of the
time of filing (or confidential submission) of such
registration statement, provided that--
``(A) the omitted financial information relates to
a historical period that the issuer reasonably believes
will not be required to be included in the Form S-1 or
F-1 at the time of the contemplated offering; and
``(B) prior to the issuer distributing a
preliminary prospectus to investors, such registration
statement is amended to include all financial
information required by such regulation S-X at the date
of such amendment.
``(2) Reliance by issuers.--Effective 30 days after the
date of enactment of this subsection, an issuer filing a
registration statement (or submitting the statement for
confidential review) on Form S-1 or Form F-1 may omit financial
information for historical periods otherwise required by
regulation S-X (17 CFR 210.1-01 et seq.) as of the time of
filing (or confidential submission) of such registration
statement, provided that--
``(A) the omitted financial information relates to
a historical period that the issuer reasonably believes
will not be required to be included in the Form S-1 or
Form F-1 at the time of the contemplated offering; and
``(B) prior to the issuer distributing a
preliminary prospectus to investors, such registration
statement is amended to include all financial
information required by such regulation S-X at the date
of such amendment.''.
TITLE LXXII--DISCLOSURE MODERNIZATION AND SIMPLIFICATION
SEC. 72001. SUMMARY PAGE FOR FORM 10-K.
Not later than the end of the 180-day period beginning on the date
of the enactment of this Act, the Securities and Exchange Commission
shall issue regulations to permit issuers to submit a summary page on
form 10-K (17 CFR 249.310), but only if each item on such summary page
includes a cross-reference (by electronic link or otherwise) to the
material contained in form 10-K to which such item relates.
SEC. 72002. IMPROVEMENT OF REGULATION S-K.
Not later than the end of the 180-day period beginning on the date
of the enactment of this Act, the Securities and Exchange Commission
shall take all such actions to revise regulation S-K (17 CFR 229.10 et
seq.)--
(1) to further scale or eliminate requirements of
regulation S-K, in order to reduce the burden on emerging
growth companies, accelerated filers, smaller reporting
companies, and other smaller issuers, while still providing all
material information to investors;
(2) to eliminate provisions of regulation S-K, required for
all issuers, that are duplicative, overlapping, outdated, or
unnecessary; and
(3) for which the Commission determines that no further
study under section 72203 is necessary to determine the
efficacy of such revisions to regulation S-K.
SEC. 72003. STUDY ON MODERNIZATION AND SIMPLIFICATION OF REGULATION S-
K.
(a) Study.--The Securities and Exchange Commission shall carry out
a study of the requirements contained in regulation S-K (17 CFR 229.10
et seq.). Such study shall--
(1) determine how best to modernize and simplify such
requirements in a manner that reduces the costs and burdens on
issuers while still providing all material information;
(2) emphasize a company by company approach that allows
relevant and material information to be disseminated to
investors without boilerplate language or static requirements
while preserving completeness and comparability of information
across registrants; and
(3) evaluate methods of information delivery and
presentation and explore methods for discouraging repetition
and the disclosure of immaterial information.
(b) Consultation.--In conducting the study required under
subsection (a), the Commission shall consult with the Investor Advisory
Committee and the Advisory Committee on Small and Emerging Companies.
(c) Report.--Not later than the end of the 360-day period beginning
on the date of enactment of this Act, the Commission shall issue a
report to the Congress containing--
(1) all findings and determinations made in carrying out
the study required under subsection (a);
(2) specific and detailed recommendations on modernizing
and simplifying the requirements in regulation S-K in a manner
that reduces the costs and burdens on companies while still
providing all material information; and
(3) specific and detailed recommendations on ways to
improve the readability and navigability of disclosure
documents and to discourage repetition and the disclosure of
immaterial information.
(d) Rulemaking.--Not later than the end of the 360-day period
beginning on the date that the report is issued to the Congress under
subsection (c), the Commission shall issue a proposed rule to implement
the recommendations of the report issued under subsection (c).
(e) Rule of Construction.--Revisions made to regulation S-K by the
Commission under section 202 shall not be construed as satisfying the
rulemaking requirements under this section.
TITLE LXXIII--BULLION AND COLLECTIBLE COIN PRODUCTION EFFICIENCY AND
COST SAVINGS
SEC. 73001. TECHNICAL CORRECTIONS.
Title 31, United States Code, is amended--
(1) in section 5112--
(A) in subsection (q)--
(i) by striking paragraphs (3) and (8); and
(ii) by redesignating paragraphs (4), (5),
(6), and (7) as paragraphs (3), (4), (5), and
(6), respectively;
(B) in subsection (t)(6)(B), by striking ``90
percent silver and 10 percent copper'' and inserting
``not less than 90 percent silver''; and
(C) in subsection (v)--
(i) in paragraph (1), by striking ``Subject
to'' and all that follows through ``the
Secretary shall'' and inserting ``The Secretary
shall'';
(ii) in paragraph (2)(A), by striking ``The
Secretary'' and inserting ``To the greatest
extent possible, the Secretary'';
(iii) in paragraph (5), by inserting after
``may issue'' the following: ``collectible
versions of''; and
(iv) by striking paragraph (8); and
(2) in section 5132(a)(2)(B)(i), by striking ``90 percent
silver and 10 percent copper'' and inserting ``not less than 90
percent silver''.
SEC. 73002. AMERICAN EAGLE SILVER BULLION 30TH ANNIVERSARY.
Proof and uncirculated versions of coins issued by the Secretary of
the Treasury pursuant to subsection (e) of section 5112 of title 31,
United States Code, during calendar year 2016 shall have a smooth edge
incused with a designation that notes the 30th anniversary of the first
issue of coins under such subsection.
TITLE LXXIV--SBIC ADVISERS RELIEF
SEC. 74001. ADVISERS OF SBICS AND VENTURE CAPITAL FUNDS.
Section 203(l) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-3(l)) is amended--
(1) by striking ``No investment adviser'' and inserting the
following:
``(1) In general.--No investment adviser''; and
(2) by adding at the end the following:
``(2) Advisers of sbics.--For purposes of this subsection,
a venture capital fund includes an entity described in
subparagraph (A), (B), or (C) of subsection (b)(7) (other than
an entity that has elected to be regulated or is regulated as a
business development company pursuant to section 54 of the
Investment Company Act of 1940).''.
SEC. 74002. ADVISERS OF SBICS AND PRIVATE FUNDS.
Section 203(m) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-3(m)) is amended by adding at the end the following:
``(3) Advisers of sbics.--For purposes of this subsection,
the assets under management of a private fund that is an entity
described in subparagraph (A), (B), or (C) of subsection (b)(7)
(other than an entity that has elected to be regulated or is
regulated as a business development company pursuant to section
54 of the Investment Company Act of 1940) shall be excluded
from the limit set forth in paragraph (1).''.
SEC. 74003. RELATIONSHIP TO STATE LAW.
Section 203A(b)(1) of the Investment Advisers Act of 1940 (15
U.S.C. 80b-3a(b)(1)) 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) that is not registered under section 203
because that person is exempt from registration as
provided in subsection (b)(7) of such section, or is a
supervised person of such person.''.
TITLE LXXV--ELIMINATE PRIVACY NOTICE CONFUSION
SEC. 75001. EXCEPTION TO ANNUAL PRIVACY NOTICE REQUIREMENT UNDER THE
GRAMM-LEACH-BLILEY ACT.
Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) is
amended by adding at the end the following:
``(f) Exception to Annual Notice Requirement.--A financial
institution that--
``(1) provides nonpublic personal information only in
accordance with the provisions of subsection (b)(2) or (e) of
section 502 or regulations prescribed under section 504(b), and
``(2) has not changed its policies and practices with
regard to disclosing nonpublic personal information from the
policies and practices that were disclosed in the most recent
disclosure sent to consumers in accordance with this section,
shall not be required to provide an annual disclosure under this
section until such time as the financial institution fails to comply
with any criteria described in paragraph (1) or (2).''.
TITLE LXXVI--REFORMING ACCESS FOR INVESTMENTS IN STARTUP ENTERPRISES
SEC. 76001. EXEMPTED TRANSACTIONS.
(a) Exempted Transactions.--Section 4 of the Securities Act of 1933
(15 U.S.C. 77d) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(7) transactions meeting the requirements of subsection
(d).'';
(2) by redesignating the second subsection (b) (relating to
securities offered and sold in compliance with Rule 506 of
Regulation D) as subsection (c); and
(3) by adding at the end the following:
``(d) Certain Accredited Investor Transactions.--The transactions
referred to in subsection (a)(7) are transactions meeting the following
requirements:
``(1) Accredited investor requirement.--Each purchaser is
an accredited investor, as that term is defined in section
230.501(a) of title 17, Code of Federal Regulations (or any
successor regulation).
``(2) Prohibition on general solicitation or advertising.--
Neither the seller, nor any person acting on the seller's
behalf, offers or sells securities by any form of general
solicitation or general advertising.
``(3) Information requirement.--In the case of a
transaction involving the securities of an issuer that is
neither subject to section 13 or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m; 78o(d)), nor exempt from
reporting pursuant to section 240.12g3-2(b) of title 17, Code
of Federal Regulations, nor a foreign government (as defined in
section 230.405 of title 17, Code of Federal Regulations)
eligible to register securities under Schedule B, the seller
and a prospective purchaser designated by the seller obtain
from the issuer, upon request of the seller, and the seller in
all cases makes available to a prospective purchaser, the
following information (which shall be reasonably current in
relation to the date of resale under this section):
``(A) The exact name of the issuer and the issuer's
predecessor (if any).
``(B) The address of the issuer's principal
executive offices.
``(C) The exact title and class of the security.
``(D) The par or stated value of the security.
``(E) The number of shares or total amount of the
securities outstanding as of the end of the issuer's
most recent fiscal year.
``(F) The name and address of the transfer agent,
corporate secretary, or other person responsible for
transferring shares and stock certificates.
``(G) A statement of the nature of the business of
the issuer and the products and services it offers,
which shall be presumed reasonably current if the
statement is as of 12 months before the transaction
date.
``(H) The names of the officers and directors of
the issuer.
``(I) The names of any persons registered as a
broker, dealer, or agent that shall be paid or given,
directly or indirectly, any commission or remuneration
for such person's participation in the offer or sale of
the securities.
``(J) The issuer's most recent balance sheet and
profit and loss statement and similar financial
statements, which shall--
``(i) be for such part of the 2 preceding
fiscal years as the issuer has been in
operation;
``(ii) be prepared in accordance with
generally accepted accounting principles or, in
the case of a foreign private issuer, be
prepared in accordance with generally accepted
accounting principles or the International
Financial Reporting Standards issued by the
International Accounting Standards Board;
``(iii) be presumed reasonably current if--
``(I) with respect to the balance
sheet, the balance sheet is as of a
date less than 16 months before the
transaction date; and
``(II) with respect to the profit
and loss statement, such statement is
for the 12 months preceding the date of
the issuer's balance sheet; and
``(iv) if the balance sheet is not as of a
date less than 6 months before the transaction
date, be accompanied by additional statements
of profit and loss for the period from the date
of such balance sheet to a date less than 6
months before the transaction date.
``(K) To the extent that the seller is a control
person with respect to the issuer, a brief statement
regarding the nature of the affiliation, and a
statement certified by such seller that they have no
reasonable grounds to believe that the issuer is in
violation of the securities laws or regulations.
``(4) Issuers disqualified.--The transaction is not for the
sale of a security where the seller is an issuer or a
subsidiary, either directly or indirectly, of the issuer.
``(5) Bad actor prohibition.--Neither the seller, nor any
person that has been or will be paid (directly or indirectly)
remuneration or a commission for their participation in the
offer or sale of the securities, including solicitation of
purchasers for the seller is subject to an event that would
disqualify an issuer or other covered person under Rule
506(d)(1) of Regulation D (17 CFR 230.506(d)(1)) or is subject
to a statutory disqualification described under section
3(a)(39) of the Securities Exchange Act of 1934.
``(6) Business requirement.--The issuer is engaged in
business, is not in the organizational stage or in bankruptcy
or receivership, and is not a blank check, blind pool, or shell
company that has no specific business plan or purpose or has
indicated that the issuer's primary business plan is to engage
in a merger or combination of the business with, or an
acquisition of, an unidentified person.
``(7) Underwriter prohibition.--The transaction is not with
respect to a security that constitutes the whole or part of an
unsold allotment to, or a subscription or participation by, a
broker or dealer as an underwriter of the security or a
redistribution.
``(8) Outstanding class requirement.--The transaction is
with respect to a security of a class that has been authorized
and outstanding for at least 90 days prior to the date of the
transaction.
``(e) Additional Requirements.--
``(1) In general.--With respect to an exempted transaction
described under subsection (a)(7):
``(A) Securities acquired in such transaction shall
be deemed to have been acquired in a transaction not
involving any public offering.
``(B) Such transaction shall be deemed not to be a
distribution for purposes of section 2(a)(11).
``(C) Securities involved in such transaction shall
be deemed to be restricted securities within the
meaning of Rule 144 (17 CFR 230.144).
``(2) Rule of construction.--The exemption provided by
subsection (a)(7) shall not be the exclusive means for
establishing an exemption from the registration requirements of
section 5.''.
(b) Exemption in Connection With Certain Exempt Offerings.--Section
18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is
amended--
(1) by redesignating the second subparagraph (D) and
subparagraph (E) as subparagraphs (E) and (F), respectively;
(2) in subparagraph (E), as so redesignated, by striking
``; or'' and inserting a semicolon;
(3) in subparagraph (F), as so redesignated, by striking
the period and inserting ``; or''; and
(4) by adding at the end the following new subparagraph:
``(G) section 4(a)(7).''.
TITLE LXXVII--PRESERVATION ENHANCEMENT AND SAVINGS OPPORTUNITY
SEC. 77001. DISTRIBUTIONS AND RESIDUAL RECEIPTS.
Section 222 of the Low-Income Housing Preservation and Resident
Homeownership Act of 1990 (12 U.S.C. 4112) is amended by adding at the
end the following new subsection:
``(e) Distribution and Residual Receipts.--
``(1) Authority.--After the date of the enactment of this
subsection, the owner of a property subject to a plan of action
or use agreement pursuant to this section shall be entitled to
distribute--
``(A) annually, all surplus cash generated by the
property, but only if the owner is in material
compliance with such use agreement including compliance
with prevailing physical condition standards
established by the Secretary; and
``(B) notwithstanding any conflicting provision in
such use agreement, any funds accumulated in a residual
receipts account, but only if the owner is in material
compliance with such use agreement and has completed,
or set aside sufficient funds for completion of, any
capital repairs identified by the most recent third
party capital needs assessment.
``(2) Operation of property.--An owner that distributes any
amounts pursuant to paragraph (1) shall--
``(A) continue to operate the property in
accordance with the affordability provisions of the use
agreement for the property for the remaining useful
life of the property;
``(B) as required by the plan of action for the
property, continue to renew or extend any project-based
rental assistance contract for a term of not less than
20 years; and
``(C) if the owner has an existing multi-year
project-based rental assistance contract for less than
20 years, have the option to extend the contract to a
20-year term.''.
SEC. 77002. FUTURE REFINANCINGS.
Section 214 of the Low-Income Housing Preservation and Resident
Homeownership Act of 1990 (12 U.S.C. 4104) is amended by adding at the
end the following new subsection:
``(c) Future Financing.--Neither this section, nor any plan of
action or use agreement implementing this section, shall restrict an
owner from obtaining a new loan or refinancing an existing loan secured
by the project, or from distributing the proceeds of such a loan;
except that, in conjunction with such refinancing--
``(1) the owner shall provide for adequate rehabilitation
pursuant to a capital needs assessment to ensure long-term
sustainability of the property satisfactory to the lender or
bond issuance agency;
``(2) any resulting budget-based rent increase shall
include debt service on the new financing, commercially
reasonable debt service coverage, and replacement reserves as
required by the lender; and
``(3) for tenants of dwelling units not covered by a
project- or tenant-based rental subsidy, any rent increases
resulting from the refinancing transaction may not exceed 10
percent per year, except that--
``(A) any tenant occupying a dwelling unit as of
time of the refinancing may not be required to pay for
rent and utilities, for the duration of such tenancy,
an amount that exceeds the greater of--
``(i) 30 percent of the tenant's income; or
``(ii) the amount paid by the tenant for
rent and utilities immediately before such
refinancing; and
``(B) this paragraph shall not apply to any tenant
who does not provide the owner with proof of income.
Paragraph (3) may not be construed to limit any rent increases
resulting from increased operating costs for a project.''.
SEC. 77003. IMPLEMENTATION.
The Secretary of Housing and Urban Development shall issue any
guidance that the Secretary considers necessary to carry out the
provisions added by the amendments made by this title not later than
the expiration of the 120-day period beginning on the date of the
enactment of this Act.
TITLE LXXVIII--TENANT INCOME VERIFICATION RELIEF
SEC. 78001. REVIEWS OF FAMILY INCOMES.
(a) In General.--The second sentence of paragraph (1) of section
3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)(1))
is amended by inserting before the period at the end the following: ``;
except that, in the case of any family with a fixed income, as defined
by the Secretary, after the initial review of the family's income, the
public housing agency or owner shall not be required to conduct a
review of the family's income for any year for which such family
certifies, in accordance with such requirements as the Secretary shall
establish, which shall include policies to adjust for inflation-based
income changes, that 90 percent or more of the income of the family
consists of fixed income, and that the sources of such income have not
changed since the previous year, except that the public housing agency
or owner shall conduct a review of each such family's income not less
than once every 3 years''.
(b) Housing Choice Voucher Program.--Subparagraph (A) of section
8(o)(5) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(5)(A)) is amended by striking ``not less than annually'' and
inserting ``as required by section 3(a)(1) of this Act''.
TITLE LXXIX--HOUSING ASSISTANCE EFFICIENCY
SEC. 79001. AUTHORITY TO ADMINISTER RENTAL ASSISTANCE.
Subsection (g) of section 423 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11383(g)) is amended by inserting ``private
nonprofit organization,'' after ``unit of general local government,''.
SEC. 79002. REALLOCATION OF FUNDS.
Paragraph (1) of section 414(d) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11373(d)(1)) is amended by striking ``twice''
and inserting ``once''.
TITLE LXXX--CHILD SUPPORT ASSISTANCE
SEC. 80001. REQUESTS FOR CONSUMER REPORTS BY STATE OR LOCAL CHILD
SUPPORT ENFORCEMENT AGENCIES.
Paragraph (4) of section 604(a) of the Fair Credit Reporting Act
(15 U.S.C. 1681b(a)(4)) is amended--
(1) in subparagraph (A), by striking ``or determining the
appropriate level of such payments'' and inserting ``,
determining the appropriate level of such payments, or
enforcing a child support order, award, agreement, or
judgment'';
(2) in subparagraph (B)--
(A) by striking ``paternity'' and inserting
``parentage''; and
(B) by adding ``and'' at the end;
(3) by striking subparagraph (C); and
(4) by redesignating subparagraph (D) as subparagraph (C).
TITLE LXXXI--PRIVATE INVESTMENT IN HOUSING
SEC. 81001. BUDGET-NEUTRAL DEMONSTRATION PROGRAM FOR ENERGY AND WATER
CONSERVATION IMPROVEMENTS AT MULTIFAMILY RESIDENTIAL
UNITS.
(a) Establishment.--The Secretary of Housing and Urban Development
(in this section referred to as the ``Secretary'') shall establish a
demonstration program under which the Secretary may execute budget-
neutral, performance-based agreements in fiscal years 2016 through 2019
that result in a reduction in energy or water costs with such entities
as the Secretary determines to be appropriate under which the entities
shall carry out projects for energy or water conservation improvements
at not more than 20,000 residential units in multifamily buildings
participating in--
(1) the project-based rental assistance program under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f), other than assistance provided under section 8(o) of
that Act;
(2) the supportive housing for the elderly program under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or
(3) the supportive housing for persons with disabilities
program under section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(d)(2)).
(b) Requirements.--
(1) Payments contingent on savings.--
(A) In general.--The Secretary shall provide to an
entity a payment under an agreement under this section
only during applicable years for which an energy or
water cost savings is achieved with respect to the
applicable multifamily portfolio of properties, as
determined by the Secretary, in accordance with
subparagraph (B).
(B) Payment methodology.--
(i) In general.--Each agreement under this
section shall include a pay-for-success
provision that--
(I) shall serve as a payment
threshold for the term of the
agreement; and
(II) requires that payments shall
be contingent on realized cost savings
associated with reduced utility
consumption in the participating
properties.
(ii) Limitations.--A payment made by the
Secretary under an agreement under this
section--
(I) shall be contingent on
documented utility savings; and
(II) shall not exceed the utility
savings achieved by the date of the
payment, and not previously paid, as a
result of the improvements made under
the agreement.
(C) Third-party verification.--Savings payments
made by the Secretary under this section shall be based
on a measurement and verification protocol that
includes at least--
(i) establishment of a weather-normalized
and occupancy-normalized utility consumption
baseline established pre-retrofit;
(ii) annual third-party confirmation of
actual utility consumption and cost for
utilities;
(iii) annual third-party validation of the
tenant utility allowances in effect during the
applicable year and vacancy rates for each unit
type; and
(iv) annual third-party determination of
savings to the Secretary.
An agreement under this section with an entity shall
provide that the entity shall cover costs associated
with third-party verification under this subparagraph.
(2) Terms of performance-based agreements.--A performance-
based agreement under this section shall include--
(A) the period that the agreement will be in effect
and during which payments may be made, which may not be
longer than 12 years;
(B) the performance measures that will serve as
payment thresholds during the term of the agreement;
(C) an audit protocol for the properties covered by
the agreement;
(D) a requirement that payments shall be contingent
on realized cost savings associated with reduced
utility consumption in the participating properties;
and
(E) such other requirements and terms as determined
to be appropriate by the Secretary.
(3) Entity eligibility.--The Secretary shall--
(A) establish a competitive process for entering
into agreements under this section; and
(B) enter into such agreements only with entities
that, either jointly or individually, demonstrate
significant experience relating to--
(i) financing or operating properties
receiving assistance under a program identified
in subsection (a);
(ii) oversight of energy or water
conservation programs, including oversight of
contractors; and
(iii) raising capital for energy or water
conservation improvements from charitable
organizations or private investors.
(4) Geographical diversity.--Each agreement entered into
under this section shall provide for the inclusion of
properties with the greatest feasible regional and State
variance.
(5) Properties.--A property may only be included in the
demonstration under this section only if the property is
subject to affordability restrictions for at least 15 years
after the date of the completion of any conservation
improvements made to the property under the demonstration
program. Such restrictions may be made through an extended
affordability agreement for the property under a new housing
assistance payments contract with the Secretary of Housing and
Urban Development or through an enforceable covenant with the
owner of the property.
(c) Plan and Reports.--
(1) Plan.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
Committees on Appropriations and Financial Services of the
House of Representatives and the Committees on Appropriations
and Banking, Housing, and Urban Affairs of the Senate a
detailed plan for the implementation of this section.
(2) Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall--
(A) conduct an evaluation of the program under this
section; and
(B) submit to Congress a report describing each
evaluation conducted under subparagraph (A).
(d) Funding.--For each fiscal year during which an agreement under
this section is in effect, the Secretary may use to carry out this
section any funds appropriated to the Secretary for the renewal of
contracts under a program described in subsection (a).
TITLE LXXXII--CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL INSTITUTIONS
SEC. 82001. PRIVATELY INSURED CREDIT UNIONS AUTHORIZED TO BECOME
MEMBERS OF A FEDERAL HOME LOAN BANK.
(a) In General.--Section 4(a) of the Federal Home Loan Bank Act (12
U.S.C. 1424(a)) is amended by adding at the end the following new
paragraph:
``(5) Certain privately insured credit unions.--
``(A) In general.--Subject to the requirements of
subparagraph (B), a credit union shall be treated as an
insured depository institution for purposes of
determining the eligibility of such credit union for
membership in a Federal home loan bank under paragraphs
(1), (2), and (3).
``(B) Certification by appropriate supervisor.--
``(i) In general.--For purposes of this
paragraph and subject to clause (ii), a credit
union which lacks Federal deposit insurance and
which has applied for membership in a Federal
home loan bank may be treated as meeting all
the eligibility requirements for Federal
deposit insurance only if the appropriate
supervisor of the State in which the credit
union is chartered has determined that the
credit union meets all the eligibility
requirements for Federal deposit insurance as
of the date of the application for membership.
``(ii) Certification deemed valid.--If, in
the case of any credit union to which clause
(i) applies, the appropriate supervisor of the
State in which such credit union is chartered
fails to make a determination pursuant to such
clause by the end of the 6-month period
beginning on the date of the application, the
credit union shall be deemed to have met the
requirements of clause (i).
``(C) Security interests of federal home loan bank
not avoidable.--Notwithstanding any provision of State
law authorizing a conservator or liquidating agent of a
credit union to repudiate contracts, no such provision
shall apply with respect to--
``(i) any extension of credit from any
Federal home loan bank to any credit union
which is a member of any such bank pursuant to
this paragraph; or
``(ii) any security interest in the assets
of such credit union securing any such
extension of credit.
``(D) Protection for certain federal home loan bank
advances.--Notwithstanding any State law to the
contrary, if a Bank makes an advance under section 10
to a State-chartered credit union that is not federally
insured--
``(i) the Bank's interest in any collateral
securing such advance has the same priority and
is afforded the same standing and rights that
the security interest would have had if the
advance had been made to a federally insured
credit union; and
``(ii) the Bank has the same right to
access such collateral that the Bank would have
had if the advance had been made to a federally
insured credit union.''.
(b) Copies of Audits of Private Insurers of Certain Depository
Institutions Required To Be Provided to Supervisory Agencies.--Section
43(a)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C.
1831t(a)(2)(A)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by inserting at the end the following new clause:
``(iii) in the case of depository
institutions described in subsection (e)(2)(A)
the deposits of which are insured by the
private insurer which are members of a Federal
home loan bank, to the Federal Housing Finance
Agency, not later than 7 days after the audit
is completed.''.
SEC. 82002. GAO REPORT.
Not later than 18 months after the date of enactment of this Act,
the Comptroller General of the United States shall conduct a study and
submit a report to Congress--
(1) on the adequacy of insurance reserves held by a private
deposit insurer that insures deposits in an entity described in
section 43(e)(2)(A) of the Federal Deposit Insurance Act (12
U.S.C. 1831t(e)(2)(A)); and
(2) for an entity described in paragraph (1) the deposits
of which are insured by a private deposit insurer, information
on the level of compliance with Federal regulations relating to
the disclosure of a lack of Federal deposit insurance.
TITLE LXXXIII--SMALL BANK EXAM CYCLE REFORM
SEC. 83001. SMALLER INSTITUTIONS QUALIFYING FOR 18-MONTH EXAMINATION
CYCLE.
Section 10(d) of the Federal Deposit Insurance Act (12 U.S.C.
1820(d)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by striking
``$500,000,000'' and inserting ``$1,000,000,000''; and
(B) in subparagraph (C)(ii), by striking
``$100,000,000'' and inserting ``$200,000,000''; and
(2) in paragraph (10)--
(A) by striking ``$100,000,000'' and inserting
``$200,000,000''; and
(B) by striking ``$500,000,000'' and inserting
``$1,000,000,000''.
TITLE LXXXIV--SMALL COMPANY SIMPLE REGISTRATION
SEC. 84001. FORWARD INCORPORATION BY REFERENCE FOR FORM S-1.
Not later than 45 days after the date of the enactment of this Act,
the Securities and Exchange Commission shall revise Form S-1 so as to
permit a smaller reporting company (as defined in section 230.405 of
title 17, Code of Federal Regulations) to incorporate by reference in a
registration statement filed on such form any documents that such
company files with the Commission after the effective date of such
registration statement.
TITLE LXXXV--HOLDING COMPANY REGISTRATION THRESHOLD EQUALIZATION
SEC. 85001. REGISTRATION THRESHOLD FOR SAVINGS AND LOAN HOLDING
COMPANIES.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended--
(1) in section 12(g)--
(A) in paragraph (1)(B), by inserting after ``is a
bank'' the following: ``, a savings and loan holding
company (as defined in section 10 of the Home Owners'
Loan Act),''; and
(B) in paragraph (4), by inserting after ``case of
a bank'' the following: ``, a savings and loan holding
company (as defined in section 10 of the Home Owners'
Loan Act),''; and
(2) in section 15(d), by striking ``case of bank'' and
inserting the following: ``case of a bank, a savings and loan
holding company (as defined in section 10 of the Home Owners'
Loan Act),''.
Attest:
Clerk.
114th CONGRESS
1st Session
H.R. 22
_______________________________________________________________________
HOUSE AMENDMENT TO SENATE AMENDMENT