[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 22 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
July 30, 2015.
Resolved, That the bill from the House of Representatives (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.'', do pass with the
following
AMENDMENTS:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Developing a Reliable and Innovative
Vision for the Economy Act'' or the ``DRIVE Act''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into 9 divisions as follows:
(1) Division A-Federal-aid Highways and Highway Safety
Construction Programs.
(2) Division B-Public Transportation.
(3) Division C-Comprehensive Transportation and Consumer
Protection Act of 2015.
(4) Division D-Freight and Major Projects.
(5) Division E-Finance.
(6) Division F-Miscellaneous.
(7) Division G-Surface Transportation Extension.
(8) Division H-Budgetary Effects.
(9) Division I-Export-Import Bank of the United States.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Definitions.
Sec. 4. Effective date.
DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION
PROGRAMS
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 11001. Authorization of appropriations.
Sec. 11002. Obligation ceiling.
Sec. 11003. Apportionment.
Sec. 11004. Surface transportation program.
Sec. 11005. Metropolitan transportation planning.
Sec. 11006. Statewide and nonmetropolitan transportation planning.
Sec. 11007. Highway use tax evasion projects.
Sec. 11008. Bundling of bridge projects.
Sec. 11009. Flexibility for certain rural road and bridge projects.
Sec. 11010. Construction of ferry boats and ferry terminal facilities.
Sec. 11011. Highway safety improvement program.
Sec. 11012. Data collection on unpaved public roads.
Sec. 11013. Congestion mitigation and air quality improvement program.
Sec. 11014. Transportation alternatives.
Sec. 11015. Consolidation of programs.
Sec. 11016. State flexibility for National Highway System
modifications.
Sec. 11017. Toll roads, bridges, tunnels, and ferries.
Sec. 11018. HOV facilities.
Sec. 11019. Interstate system reconstruction and rehabilitation pilot
program.
Sec. 11020. Emergency relief for federally owned roads.
Sec. 11021. Bridges requiring closure or load restrictions.
Sec. 11022. National electric vehicle charging and natural gas fueling
corridors.
Sec. 11023. Asset management.
Sec. 11024. Tribal transportation program amendment.
Sec. 11025. Nationally significant Federal lands and Tribal projects
program.
Sec. 11026. Federal lands programmatic activities.
Sec. 11027. Federal lands transportation program.
Sec. 11028. Innovative project delivery.
Sec. 11029. Obligation and release of funds.
Subtitle B--Acceleration of Project Delivery
Sec. 11101. Categorical exclusion for projects of limited Federal
assistance.
Sec. 11102. Programmatic agreement template.
Sec. 11103. Agency coordination.
Sec. 11104. Initiation of environmental review process.
Sec. 11105. Improving collaboration for accelerated decision making.
Sec. 11106. Accelerated decisionmaking in environmental reviews.
Sec. 11107. Improving transparency in environmental reviews.
Sec. 11108. Integration of planning and environmental review.
Sec. 11109. Use of programmatic mitigation plans.
Sec. 11110. Adoption of Departmental environmental documents.
Sec. 11111. Technical assistance for States.
Sec. 11112. Surface transportation project delivery program.
Sec. 11113. Categorical exclusions for multimodal projects.
Sec. 11114. Modernization of the environmental review process.
Sec. 11115. Service club, charitable association, or religious service
signs.
Sec. 11116. Satisfaction of requirements for certain historic sites.
Sec. 11117. Bridge exemption from consideration under certain
provisions.
Sec. 11118. Elimination of barriers to improve at-risk bridges.
Sec. 11119. At-risk project preagreement authority.
Subtitle C--Miscellaneous
Sec. 11201. Credits for untaxed transportation fuels.
Sec. 11202. Justification reports for access points on the Interstate
System.
Sec. 11203. Exemptions.
Sec. 11204. High priority corridors on the National Highway System.
Sec. 11205. Repeat intoxicated driver law.
Sec. 11206. Vehicle-to-infrastructure equipment.
Sec. 11207. Relinquishment.
Sec. 11208. Transfer and sale of toll credits.
Sec. 11209. Regional infrastructure accelerator demonstration program.
Sec. 11210. Sonoran Corridor Interstate development.
TITLE II--TRANSPORTATION INNOVATION
Subtitle A--Research
Sec. 12001. Research, technology, and education.
Sec. 12002. Intelligent transportation systems.
Sec. 12003. Future interstate study.
Sec. 12004. Researching surface transportation system funding
alternatives.
Subtitle B--Data
Sec. 12101. Tribal data collection.
Sec. 12102. Performance management data support program.
Subtitle C--Transparency and Best Practices
Sec. 12201. Every Day Counts initiative.
Sec. 12202. Department of Transportation performance measures.
Sec. 12203. Grant program for achievement in transportation for
performance and innovation.
Sec. 12204. Highway trust fund transparency and accountability.
Sec. 12205. Report on highway trust fund administrative expenditures.
Sec. 12206. Availability of reports.
Sec. 12207. Performance period adjustment.
Sec. 12208. Design standards.
TITLE III--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF
1998 AMENDMENTS
Sec. 13001. Transportation Infrastructure Finance and Innovation Act of
1998 amendments.
TITLE IV--TECHNICAL CORRECTIONS
Sec. 14001. Technical corrections.
TITLE V--MISCELLANEOUS
Sec. 15001. Appalachian development highway system.
Sec. 15002. Appalachian regional development program.
Sec. 15003. Water infrastructure finance and innovation.
Sec. 15004. Administrative provisions to encourage pollinator habitat
and forage on transportation rights-of-way.
Sec. 15005. Study on performance of bridges.
Sec. 15006. Sport fish restoration and recreational boating safety.
DIVISION B--PUBLIC TRANSPORTATION
TITLE XXI--FEDERAL PUBLIC TRANSPORTATION ACT
Sec. 21001. Short title.
Sec. 21002. Definitions.
Sec. 21003. Metropolitan transportation planning.
Sec. 21004. Statewide and nonmetropolitan transportation planning.
Sec. 21005. Urbanized area formula grants.
Sec. 21006. Fixed guideway capital investment grants.
Sec. 21007. Mobility of seniors and individuals with disabilities.
Sec. 21008. Formula grants for rural areas.
Sec. 21009. Research, development, demonstration, and deployment
program.
Sec. 21010. Private sector participation.
Sec. 21011. Innovative procurement.
Sec. 21012. Human resources and training.
Sec. 21013. General provisions.
Sec. 21014. Project management oversight.
Sec. 21015. Public transportation safety program.
Sec. 21016. State of good repair grants.
Sec. 21017. Authorizations.
Sec. 21018. Grants for bus and bus facilities.
Sec. 21019. Salary of Federal Transit Administrator.
Sec. 21020. Technical and conforming amendments.
DIVISION C--COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF
2015
Sec. 31001. Short title.
Sec. 31002. References to title 49, United States Code.
Sec. 31003. Effective date.
TITLE XXXI--OFFICE OF THE SECRETARY
Subtitle A--Accelerating Project Delivery
Sec. 31101. Delegation of authority.
Sec. 31102. Infrastructure Permitting Improvement Center.
Sec. 31103. Accelerated decision-making in environmental reviews.
Sec. 31104. Environmental review alignment and reform.
Sec. 31105. Multimodal categorical exclusions.
Sec. 31106. Improving transparency in environmental reviews.
Sec. 31107. Local transportation infrastructure program.
Sec. 31108. Authorization of grants for positive train control.
Subtitle B--Research
Sec. 31201. Findings.
Sec. 31202. Modal research plans.
Sec. 31203. Consolidated research prospectus and strategic plan.
Sec. 31204. Research Ombudsman.
Sec. 31205. Smart cities transportation planning study.
Sec. 31206. Bureau of Transportation Statistics independence.
Sec. 31207. Conforming amendments.
Sec. 31208. Repeal of obsolete office.
Subtitle C--Port Performance Act
Sec. 31301. Short title.
Sec. 31302. Findings.
Sec. 31303. Port performance freight statistics program.
TITLE XXXII--COMMERCIAL MOTOR VEHICLE AND DRIVER PROGRAMS
Subtitle A--Compliance, Safety, and Accountability Reform
Sec. 32001. Correlation study.
Sec. 32002. Safety improvement metrics.
Sec. 32003. Data certification.
Sec. 32004. Data improvement.
Sec. 32005. Accident report information.
Sec. 32006. Post-accident report review.
Sec. 32007. Recognizing excellence in safety.
Sec. 32008. High risk carrier reviews.
Subtitle B--Transparency and Accountability
Sec. 32201. Petitions for regulatory relief.
Sec. 32202. Inspector standards.
Sec. 32203. Technology improvements.
Subtitle C--Trucking Rules Updated by Comprehensive and Key Safety
Reform
Sec. 32301. Update on statutory requirements.
Sec. 32302. Statutory rulemaking.
Sec. 32303. Guidance reform.
Sec. 32304. Petitions.
Sec. 32305. Regulatory reform.
Subtitle D--State Authorities
Sec. 32401. Emergency route working group.
Sec. 32402. Additional State authority.
Sec. 32403. Commercial driver access.
Subtitle E--Motor Carrier Safety Grant Consolidation
Sec. 32501. Definitions.
Sec. 32502. Grants to States.
Sec. 32503. New entrant safety review program study.
Sec. 32504. Performance and registration information systems
management.
Sec. 32505. Authorization of appropriations.
Sec. 32506. Commercial driver's license program implementation.
Sec. 32507. Extension of Federal motor carrier safety programs for
fiscal year 2016.
Sec. 32508. Motor carrier safety assistance program allocation.
Sec. 32509. Maintenance of effort calculation.
Subtitle F--Miscellaneous Provisions
Sec. 32601. Windshield technology.
Sec. 32602. Electronic logging devices requirements.
Sec. 32603. Lapse of required financial security; suspension of
registration.
Sec. 32604. Access to National Driver Register.
Sec. 32605. Study on commercial motor vehicle driver commuting.
Sec. 32606. Household goods consumer protection working group.
Sec. 32607. Interstate van operations.
Sec. 32608. Report on design and implementation of wireless roadside
inspection systems.
Sec. 32609. Motorcoach hours of service study.
Sec. 32610. GAO Review of school bus safety.
Sec. 32611. Use of hair testing for preemployment and random controlled
substances tests.
TITLE XXXIII--HAZARDOUS MATERIALS
Sec. 33101. Endorsements.
Sec. 33102. Enhanced reporting.
Sec. 33103. Hazardous material information.
Sec. 33104. National emergency and disaster response.
Sec. 33105. Authorization of appropriations.
TITLE XXXIV--HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A--Highway Traffic Safety
PART I--Highway Safety
Sec. 34101. Authorization of appropriations.
Sec. 34102. Highway safety programs.
Sec. 34103. Grants for alcohol-ignition interlock laws and 24-7
sobriety programs.
Sec. 34104. Repeat offender criteria.
Sec. 34105. Study on the national roadside survey of alcohol and drug
use by drivers.
Sec. 34106. Increasing public awareness of the dangers of drug-impaired
driving.
Sec. 34107. Improvement of data collection on child occupants in
vehicle crashes.
PART II--Stop Motorcycle Checkpoint Funding Act
Sec. 34121. Short title.
Sec. 34122. Grant restriction.
PART III--Improving Driver Safety Act of 2015
Sec. 34131. Short title.
Sec. 34132. Distracted driving incentive grants.
Sec. 34133. Barriers to data collection report.
Sec. 34134. Minimum requirements for State graduated driver licensing
incentive grant program.
PART IV--Technical and Conforming Amendments
Sec. 34141. Technical corrections to the Motor Vehicle and Highway
Safety Improvement Act of 2012.
Subtitle B--Vehicle Safety
Sec. 34201. Authorization of appropriations.
Sec. 34202. Inspector General recommendations.
Sec. 34203. Improvements in availability of recall information.
Sec. 34204. Recall process.
Sec. 34205. Pilot grant program for State notification to consumers of
motor vehicle recall status.
Sec. 34206. Recall obligations under bankruptcy.
Sec. 34207. Dealer requirement to check for open recall.
Sec. 34208. Extension of time period for remedy of tire defects.
Sec. 34209. Rental car safety.
Sec. 34210. Increase in civil penalties for violations of motor vehicle
safety.
Sec. 34211. Electronic odometer disclosures.
Sec. 34212. Corporate responsibility for NHTSA reports.
Sec. 34213. Direct vehicle notification of recalls.
Sec. 34214. Unattended children warning.
Sec. 34215. Tire pressure monitoring system.
Subtitle C--Research and Development and Vehicle Electronics
Sec. 34301. Report on operations of the Council for Vehicle
Electronics, Vehicle Software, and Emerging
Technologies.
Sec. 34302. Cooperation with foreign governments.
Subtitle D--Miscellaneous Provisions
PART I--Driver Privacy Act of 2015
Sec. 34401. Short title.
Sec. 34402. Limitations on data retrieval from vehicle event data
recorders.
Sec. 34403. Vehicle event data recorder study.
PART II--Safety Through Informed Consumers Act of 2015
Sec. 34421. Short title.
Sec. 34422. Passenger motor vehicle information.
PART III--Tire Efficiency, Safety, and Registration Act of 2015
Sec. 34431. Short title.
Sec. 34432. Tire fuel efficiency minimum performance standards.
Sec. 34433. Tire registration by independent sellers.
Sec. 34434. Tire recall database.
TITLE XXXV--RAILROAD REFORM, ENHANCEMENT, AND EFFICIENCY
Sec. 35001. Short title.
Sec. 35002. Passenger transportation; definitions.
Subtitle A--Authorization of Appropriations
Sec. 35101. Authorization of grants to Amtrak.
Sec. 35102. National infrastructure and safety investments.
Sec. 35103. Authorization of appropriations for National Transportation
Safety Board rail investigations.
Sec. 35104. Authorization of appropriations for Amtrak Office of
Inspector General.
Sec. 35105. National cooperative rail research program.
Subtitle B--Amtrak Reform
Sec. 35201. Amtrak grant process.
Sec. 35202. 5-year business line and assets plans.
Sec. 35203. State-supported route committee.
Sec. 35204. Route and service planning decisions.
Sec. 35205. Competition.
Sec. 35206. Rolling stock purchases.
Sec. 35207. Food and beverage policy.
Sec. 35208. Local products and promotional events.
Sec. 35209. Right-of-way leveraging.
Sec. 35210. Station development.
Sec. 35211. Amtrak debt.
Sec. 35212. Amtrak pilot program for passengers transporting
domesticated cats and dogs.
Sec. 35213. Amtrak board of directors.
Sec. 35214. Amtrak boarding procedures.
Subtitle C--Intercity Passenger Rail Policy
Sec. 35301. Competitive operating grants.
Sec. 35302. Federal-State partnership for state of good repair.
Sec. 35303. Large capital project requirements.
Sec. 35304. Small business participation study.
Sec. 35305. Gulf coast rail service working group.
Sec. 35306. Integrated passenger rail working group.
Sec. 35307. Shared-use study.
Sec. 35308. Northeast Corridor Commission.
Sec. 35309. Northeast Corridor through-ticketing and procurement
efficiencies.
Sec. 35310. Data and analysis.
Sec. 35311. Performance-based proposals.
Sec. 35312. Amtrak Inspector General.
Sec. 35313. Miscellaneous provisions.
Subtitle D--Rail Safety
PART I--Safety Improvement
Sec. 35401. Highway-rail grade crossing safety.
Sec. 35402. Speed limit action plans.
Sec. 35403. Signage.
Sec. 35404. Alerters.
Sec. 35405. Signal protection.
Sec. 35406. Technology implementation plans.
Sec. 35407. Commuter rail track inspections.
Sec. 35408. Emergency response.
Sec. 35409. Private highway-rail grade crossings.
Sec. 35410. Repair and replacement of damaged track inspection
equipment.
Sec. 35411. Rail police officers.
Sec. 35412. Operation deep dive; report.
Sec. 35413. Post-accident assessment.
Sec. 35414. Technical and conforming amendments.
Sec. 35415. GAO study on use of locomotive horns at highway-rail grade
crossings.
Sec. 35416. Bridge inspection reports.
PART II--Consolidated Rail Infrastructure and Safety Improvements
Sec. 35421. Consolidated rail infrastructure and safety improvements.
PART III--Hazardous Materials by Rail Safety and Other Safety
Enhancements
Sec. 35431. Real-time emergency response information.
Sec. 35432. Thermal blankets.
Sec. 35433. Comprehensive oil spill response plans.
Sec. 35434. Hazardous materials by rail liability study.
Sec. 35435. Study and testing of electronically-controlled pneumatic
brakes.
Sec. 35436. Recording devices.
Sec. 35437. Rail passenger transportation liability.
Sec. 35438. Modification reporting.
Sec. 35439. Report on crude oil characteristics research study.
PART IV--Positive Train Control
Sec. 35441. Coordination of spectrum.
Sec. 35442. Updated plans.
Sec. 35443. Early adoption and interoperability.
Sec. 35444. Positive train control at grade crossings effectiveness
study.
Subtitle E--Project Delivery
Sec. 35501. Short title.
Sec. 35502. Preservation of public lands.
Sec. 35503. Efficient environmental reviews.
Sec. 35504. Advance acquisition.
Sec. 35505. Railroad rights-of-way.
Sec. 35506. Savings clause.
Sec. 35507. Transition.
Subtitle F--Financing
Sec. 35601. Short title; references.
Sec. 35602. Definitions.
Sec. 35603. Eligible applicants.
Sec. 35604. Eligible purposes.
Sec. 35605. Program administration.
Sec. 35606. Loan terms and repayment.
Sec. 35607. Credit risk premiums.
Sec. 35608. Master credit agreements.
Sec. 35609. Priorities and conditions.
Sec. 35610. Savings provision.
DIVISION D--FREIGHT AND MAJOR PROJECTS
TITLE XLI--FREIGHT POLICY
Sec. 41001. Establishment of freight chapter.
Sec. 41002. National multimodal freight policy.
Sec. 41003. National multimodal freight network.
TITLE XLII--PLANNING
Sec. 42001. National freight strategic plan.
Sec. 42002. State freight advisory committees.
Sec. 42003. State freight plans.
Sec. 42004. Freight data and tools.
Sec. 42005. Savings provision.
TITLE XLIII--FORMULA FREIGHT PROGRAM
Sec. 43001. National highway freight program.
TITLE XLIV--GRANTS
Sec. 44001. Purpose; definitions; administration.
Sec. 44002. Grants.
DIVISION E--FINANCE
Sec. 50001. Short title.
TITLE LI--HIGHWAY TRUST FUND AND RELATED TAXES
Subtitle A--Extension of Trust Fund Expenditure Authority and Related
Taxes
Sec. 51101. Extension of trust fund expenditure authority.
Sec. 51102. Extension of highway-related taxes.
Subtitle B--Additional Transfers to Highway Trust Fund
Sec. 51201. Further additional transfers to trust fund.
Sec. 51202. Transfer to Highway Trust Fund of certain motor vehicle
safety penalties.
Sec. 51203. Appropriation from Leaking Underground Storage Tank Trust
Fund.
TITLE LII--OFFSETS
Subtitle A--Tax Provisions
Sec. 52101. Consistent basis reporting between estate and person
acquiring property from decedent.
Sec. 52102. Revocation or denial of passport in case of certain unpaid
taxes.
Sec. 52103. Clarification of 6-year statute of limitations in case of
overstatement of basis.
Sec. 52104. Additional information on returns relating to mortgage
interest.
Sec. 52105. Return due date modifications.
Sec. 52106. Reform of rules relating to qualified tax collection
contracts.
Sec. 52107. Special compliance personnel program.
Sec. 52108. Transfers of excess pension assets to retiree health
accounts.
Subtitle B--Fees and Receipts
Sec. 52201. Extension of deposits of security service fees in the
general fund.
Sec. 52202. Adjustment for inflation of fees for certain customs
services.
Sec. 52203. Dividends and surplus funds of Reserve banks.
Sec. 52204. Strategic Petroleum Reserve drawdown and sale.
Sec. 52205. Extension of enterprise guarantee fee.
Subtitle C--Outlays
Sec. 52301. Interest on overpayment.
DIVISION F--MISCELLANEOUS
TITLE LXI--FEDERAL PERMITTING IMPROVEMENT
Sec. 61001. Definitions.
Sec. 61002. Federal Permitting Improvement Council.
Sec. 61003. Permitting process improvement.
Sec. 61004. Interstate compacts.
Sec. 61005. Coordination of required reviews.
Sec. 61006. Delegated State permitting programs.
Sec. 61007. Litigation, judicial review, and savings provision.
Sec. 61008. Report to Congress.
Sec. 61009. Funding for governance, oversight, and processing of
environmental reviews and permits.
Sec. 61010. Application.
Sec. 61011. GAO Report.
TITLE LXII--ADDITIONAL PROVISIONS
Sec. 62001. Hire More Heroes.
DIVISION G--SURFACE TRANSPORTATION EXTENSION
Sec. 70001. Short title.
TITLE LXXI--EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS
Sec. 71001. Extension of Federal-aid highway programs.
Sec. 71002. Administrative expenses.
TITLE LXXII--TEMPORARY EXTENSION OF PUBLIC TRANSPORTATION PROGRAMS
Sec. 72001. Formula grants for rural areas.
Sec. 72002. Apportionment of appropriations for formula grants.
Sec. 72003. Authorizations for public transportation.
Sec. 72004. Bus and bus facilities formula grants.
TITLE LXXIII--EXTENSION OF HIGHWAY SAFETY PROGRAMS
Subtitle A--Extension of Highway Safety Programs
Sec. 73101. Extension of National Highway Traffic Safety Administration
highway safety programs.
Sec. 73102. Extension of Federal Motor Carrier Safety Administration
programs.
Sec. 73103. Dingell-Johnson Sport Fish Restoration Act.
Subtitle B--Hazardous Materials
Sec. 73201. Authorization of appropriations.
TITLE LXXIV--REVENUE PROVISIONS
Sec. 74001. Extension of trust fund expenditure authority.
DIVISION H--BUDGETARY EFFECTS
Sec. 80001. Budgetary effects.
Sec. 80002. Maintenance of highway trust fund cash balance.
Sec. 80003. Prohibition on rescissions of certain contract authority.
DIVISION I--EXPORT-IMPORT BANK OF THE UNITED STATES
Sec. 90001. Short title.
TITLE XCI--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY
Sec. 91001. Reduction in authorized amount of outstanding loans,
guarantees, and insurance.
Sec. 91002. Increase in loss reserves.
Sec. 91003. Review of fraud controls.
Sec. 91004. Office of Ethics.
Sec. 91005. Chief Risk Officer.
Sec. 91006. Risk Management Committee.
Sec. 91007. Independent audit of bank portfolio.
Sec. 91008. Pilot program for reinsurance.
TITLE XCII--PROMOTION OF SMALL BUSINESS EXPORTS
Sec. 92001. Increase in small business lending requirements.
Sec. 92002. Report on programs for small and medium-sized businesses.
TITLE XCIII--MODERNIZATION OF OPERATIONS
Sec. 93001. Electronic payments and documents.
Sec. 93002. Reauthorization of information technology updating.
TITLE XCIV--GENERAL PROVISIONS
Sec. 94001. Extension of authority.
Sec. 94002. Certain updated loan terms and amounts.
TITLE XCV--OTHER MATTERS
Sec. 95001. Prohibition on discrimination based on industry.
Sec. 95002. Negotiations to end export credit financing.
Sec. 95003. Study of financing for information and communications
technology systems.
SEC. 3. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 4. EFFECTIVE DATE.
Except as otherwise provided, divisions A, B, C, and D, including
the amendments made by those divisions, take effect on October 1, 2015.
DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION
PROGRAMS
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 11001. 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 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,
the national freight program under section 167 of that title,
the transportation alternatives program under section 213 of
that title, and to carry out section 134 of that title--
(A) $39,579,500,000 for fiscal year 2016;
(B) $40,771,300,000 for fiscal year 2017;
(C) $42,127,100,000 for fiscal year 2018;
(D) $43,476,400,000 for fiscal year 2019;
(E) $44,570,700,000 for fiscal year 2020; and
(F) $45,691,900,000 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, $300,000,000 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) $495,000,000 for fiscal year 2019;
(v) $505,000,000 for fiscal year 2020; and
(vi) $515,000,000 for fiscal year 2021.
(B) Federal lands transportation program.--
(i) Authorization.--For the Federal lands
transportation program under section 203 of
title 23, United States Code--
(I) $305,000,000 for fiscal year
2016;
(II) $310,000,000 for fiscal year
2017;
(III) $315,000,000 for fiscal year
2018;
(IV) $320,000,000 for fiscal year
2019;
(V) $325,000,000 for fiscal year
2020; and
(VI) $330,000,000 for fiscal year
2021.
(ii) Special rule.--
(I) $240,000,000 of the amount made
available for each fiscal year shall be
the amount for the National Park
Service; and
(II) $30,000,000 of the amount made
available for each fiscal year shall be
the amount for the United States Fish
and Wildlife Service.
(C) Federal lands access program.--For the Federal
lands access program under section 204 of title 23,
United States Code--
(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, $190,000,000 for each of
fiscal years 2016 through 2021.
(5) Assistance for major projects program.--For the
assistance for major projects program under section 171 of
title 23, United States Code--
(A) $250,000,000 for fiscal year 2016;
(B) $300,000,000 for fiscal year 2017;
(C) $350,000,000 for fiscal year 2018;
(D) $400,000,000 for fiscal year 2019;
(E) $400,000,000 for fiscal year 2020; and
(F) $400,000,000 for fiscal year 2021.
(b) Research, Technology, and Education Authorizations.--
(1) In general.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(A) Highway research and development program.--To
carry out the highway research and development program
under section 503(b) of title 23, United States Code,
$130,000,000 for each of fiscal years 2016 through
2021.
(B) Technology and innovation deployment program.--
To carry out the technology and innovation deployment
program under section 503(c) of title 23, United States
Code, $62,500,000 for each of fiscal years 2016 through
2021.
(C) Training and education.--To carry out training
and education under section 504 of title 23, United
States Code, $24,000,000 for each of fiscal years 2016
through 2021.
(D) Intelligent transportation systems program.--To
carry out the intelligent transportation systems
program under sections 512 through 518 of title 23,
United States Code, $100,000,000 for each of fiscal
years 2016 through 2021.
(E) University transportation centers program.--To
carry out the university transportation centers program
under section 5505 of title 49, United States Code,
$72,500,000 for each of fiscal years 2016 through 2021.
(2) Bureau of transportation statistics.--There are
authorized to be appropriated out of the general fund of the
Treasury to carry out chapter 63 of title 49, United States
Code, $26,000,000 for each of fiscal years 2016 through 2021.
(3) Administration.--The Federal Highway Administration
shall administer the programs described in subparagraphs (D)
and (E) of paragraph (1).
(4) Applicability of title 23, united states code.--Funds
authorized to be appropriated by paragraph (1) shall--
(A) be available for obligation in the same manner
as if those funds were apportioned under chapter 1 of
title 23, United States Code;
(B) remain available until expended; and
(C) not be transferable.
(c) 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
divisions A and B of this Act and section 403 of title 23,
United States Code, shall be expended through small business
concerns owned and controlled by socially and economically
disadvantaged individuals.
(4) Annual listing of disadvantaged business enterprises.--
Each State shall annually--
(A) survey and compile a list of the small business
concerns referred to in paragraph (2) in the State,
including the location of the small business concerns
in the State; and
(B) notify the Secretary, in writing, of the
percentage of the small business concerns that are
controlled by--
(i) women;
(ii) socially and economically
disadvantaged individuals (other than women);
and
(iii) individuals who are women and are
otherwise socially and economically
disadvantaged individuals.
(5) Uniform certification.--
(A) In general.--The Secretary shall establish
minimum uniform criteria for use by State governments
in certifying whether a concern qualifies as a small
business concern for the purpose of this subsection.
(B) Inclusions.--The minimum uniform criteria
established under subparagraph (A) shall include, with
respect to a potential small business concern--
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of
principal owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(6) Reporting.--The Secretary shall establish minimum
requirements for use by State governments in reporting to the
Secretary--
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) such other information as the Secretary
determines to be appropriate for the proper monitoring
of the disadvantaged business enterprise program.
(7) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an individual or entity to
receive funds made available under divisions A and B of this
Act and section 403 of title 23, United States Code, if the
individual or entity is prevented, in whole or in part, from
complying with paragraph (2) because a Federal court issues a
final order in which the court finds that a requirement or the
implementation of paragraph (2) is unconstitutional.
(d) Conforming Amendment.--Section 1101(b) of MAP-21 (Public Law
112-141; 126 Stat. 414) is repealed.
SEC. 11002. 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) $41,625,500,000 for fiscal year 2016;
(2) $42,896,300,000 for fiscal year 2017;
(3) $44,331,100,000 for fiscal year 2018;
(4) $45,759,400,000 for fiscal year 2019;
(5) $46,882,700,000 for fiscal year 2020; and
(6) $48,032,900,000 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) 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);
(10) 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;
(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
each of 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 shall--
(1) 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) 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) determine the proportion that--
(A) an amount equal to the difference between--
(i) the obligation authority provided by
subsection (a) for the fiscal year; and
(ii) the aggregate amount not distributed
under paragraphs (1) and (2); bears to
(B) an amount equal to the difference between--
(i) 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); and
(ii) the aggregate amount not distributed
under paragraphs (1) and (2);
(4) distribute the obligation authority provided by
subsection (a), less the aggregate amount 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 section 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) distribute the obligation authority provided by
subsection (a), less the aggregate amount 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 under
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 (126 Stat. 405)) 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 chapter 5 of title 23, United States Code.
(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. 11003. APPORTIONMENT.
(a) In General.--Section 104 of title 23, United States Code, is
amended--
(1) in subsection (a)(1) by striking subparagraphs (A) and
(B) and inserting the following:
``(A) $456,000,000 for fiscal year 2016;
``(B) $465,000,000 for fiscal year 2017;
``(C) $474,000,000 for fiscal year 2018;
``(D) $483,000,000 for fiscal year 2019;
``(E) $492,000,000 for fiscal year 2020; and
``(F) $501,000,000 for fiscal year 2021.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``and the congestion mitigation and air
quality improvement program'' and inserting ``the
congestion mitigation and air quality improvement
program, the national freight program'';
(B) in each of paragraphs (1), (2), and (3) by
striking ``paragraphs (4) and (5)'' each place it
appears and inserting ``paragraphs (4), (5), and (6),
and section 213(a)'';
(C) in paragraph (1), by striking ``63.7 percent''
and inserting ``65 percent'';
(D) in paragraph (2), by striking ``29.3 percent''
and inserting ``29 percent'';
(E) in paragraph (3), by striking ``7 percent'' and
inserting ``6 percent'';
(F) in paragraph (4), in the matter preceding
subparagraph (A), by striking ``determined for the
State under subsection (c)'' and inserting ``remaining
under subsection (c) after making the set-asides in
accordance with paragraph (5) and section 213(a)'';
(G) by redesignating paragraph (5) as paragraph
(6);
(H) by inserting after paragraph (4) the following:
``(5) National freight program.--
``(A) In general.--For the national freight program
under section 167, the Secretary shall set aside from
the amount determined for a State under subsection (c)
an amount determined for the State under subparagraphs
(B) and (C).
``(B) Total amount.--The total amount set aside for
the national freight program for all States shall be--
``(i) $1,000,000,000 for fiscal year 2016;
``(ii) $1,450,000,000 for fiscal year 2017;
``(iii) $2,000,000,000 for fiscal year
2018;
``(iv) $2,300,000,000 for fiscal year 2019;
``(v) $2,400,000,000 for fiscal year 2020;
and
``(vi) $2,500,000,000 for fiscal year 2021.
``(C) State share.--The Secretary shall distribute
among the States the total set-aside amount for the
national freight program under subparagraph (B) so that
each State receives an amount equal to the proportion
that--
``(i) the total apportionment determined
under subsection (c) for a State; bears to
``(ii) the total apportionments for all
States.
``(D) Metropolitan planning.--Of the amount set
aside under this paragraph for a State, the Secretary
shall use to carry out section 134 an amount determined
by multiplying the set-aside amount by the proportion
that--
``(i) the amount apportioned to the State
to carry out section 134 for fiscal year 2009;
bears to
``(ii) the total amount of funds
apportioned to the State for that fiscal year
for the programs referred to in section
105(a)(2), except for the high priority
projects program referred to in section
105(a)(2)(H) (as in effect on the day before
the date of enactment of MAP-21 (Public Law
112-141; 126 Stat. 405).''; and
(I) in paragraph (6) (as redesignated by
subparagraph (G)), in the matter preceding subparagraph
(A), by striking ``determined for the State under
subsection (c)'' and inserting ``remaining under
subsection (c) after making the set-asides in
accordance with paragraph (5) and section 213(a)''; and
(3) in subsection (c) by adding at the end the following:
``(3) For fiscal years 2016 through 2021.--
``(A) State share.--For each of fiscal years 2016
through 2021, the amount for each State of combined
apportionments for the national highway performance
program under section 119, the surface transportation
program under section 133, the highway safety
improvement program under section 148, the congestion
mitigation and air quality improvement program under
section 149, the national freight program under section
167, the transportation alternatives program under
section 213, and to carry out section 134, shall be
determined as follows:
``(i) Initial amount.--The initial amount
for each State shall be determined by
multiplying the total amount available for
apportionment by the share for each State,
which shall be equal to the proportion that--
``(I) the amount of apportionments
that the State received for fiscal year
2014; bears to
``(II) the amount of those
apportionments received by all States
for that fiscal year.
``(ii) Adjustments to amounts.--The initial
amounts resulting from the calculation under
clause (i) shall be adjusted to ensure that,
for each State, the amount of combined
apportionments for the programs shall not be
less than 95 percent of the estimated tax
payments attributable to highway users in the
State paid into the Highway Trust Fund (other
than the Mass Transit Account) in the most
recent fiscal year for which data are
available.
``(B) State apportionment.--For each of fiscal
years 2016 through 2021, on October 1, the Secretary
shall apportion the sum authorized to be appropriated
for expenditure on the national highway performance
program under section 119, the surface transportation
program under section 133, the highway safety
improvement program under section 148, the congestion
mitigation and air quality improvement program under
section 149, the national freight program under section
167, the transportation alternatives program under
section 213, and to carry out section 134 in accordance
with subparagraph (A).''.
(b) Conforming Amendments.--
(1) Section 104(d)(1)(A) of title 23, United States Code,
is amended by striking ``subsection (b)(5)'' each place it
appears and inserting ``paragraphs (5)(D) and (6) of subsection
(b)''.
(2) Section 120(c)(3) of title 23, United States Code, is
amended--
(A) in subparagraph (A), in the matter preceding
clause (i), by striking ``or (5)'' and inserting
``(5)(D), or (6)''; and
(B) in subparagraph (C)(i), by striking ``and (5)''
and inserting ``(5)(D), and (6)''.
(3) Section 135(i) of title 23, United States Code, is
amended by striking ``section 104(b)(5)'' and inserting
``paragraphs (5)(D) and (6) of section 104(b)''.
(4) Section 136(b) of title 23, United States Code, is
amended in the first sentence by striking ``paragraphs (1)
through (5) of section 104(b)'' and inserting ``paragraphs (1)
through (6) of section 104(b)''.
(5) Section 141(b)(2) of title 23, United States Code, is
amended by striking ``paragraphs (1) through (5) of section
104(b)'' and inserting ``paragraphs (1) through (6) of section
104(b)''.
(6) Section 505(a) of title 23, United States Code, is
amended in the matter preceding paragraph (1) by striking
``through (4)'' and inserting ``through (5)''.
SEC. 11004. SURFACE TRANSPORTATION PROGRAM.
Section 133 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (10), by inserting ``, including
emergency evacuation plans'' after ``programs''; and
(B) in paragraph (13), by adding a period at the
end;
(2) in subsection (c)--
(A) in paragraph (1), by striking the semicolon at
the end and inserting ``or for projects described in
paragraphs (2), (4), (6), (7), (11), (20), (25), and
(26) of subsection (b); and'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2);
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``50 percent'' and
inserting ``55 percent''; and
(II) in clause (ii), by striking
``greater than 5,000'' and inserting
``of 5,000 or more''; and
(ii) in subparagraph (B), by striking ``50
percent'' and inserting ``45 percent''; and
(B) in paragraph (3)--
(i) by striking ``paragraph (1)(A)(ii)''
and inserting ``paragraph (1)(A)(iii)''; and
(ii) by striking ``greater than 5,000 and
less than 200,000'' and inserting ``of 5,000 to
200,000'';
(4) in subsection (f)(1)--
(A) by striking ``104(b)(3)'' and inserting
``104(b)(2)''; and
(B) by striking ``the period of fiscal years 2011
through 2014'' and inserting ``each fiscal year'';
(5) by redesignating subsection (h) as subsection (i);
(6) in subsection (g)--
(A) by striking the subsection designation and
heading and all that follows through paragraph (1) and
inserting the following:
``(g) Bridges Off the National Highway System.--
``(1) Definition of off-nhs bridge.--In this subsection,
the term `off-NHS bridge' means a highway bridge located on a
public road, other than a bridge on the National Highway
System.''; and
(B) in paragraph (2)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) Set-aside.--Each State shall obligate for
replacement (including replacement with fill material),
rehabilitation, preservation, and protection (including
scour countermeasures, seismic retrofits, impact
protection measures, security countermeasures, and
protection against extreme events) for off-NHS bridges
an amount equal to the greater of--
``(i) 15 percent of the amount apportioned
to the State under section 104(b)(2); and
``(ii) an amount equal to at least 110
percent of the amount of funds set aside for
bridges not on Federal-aid highways in the
State for fiscal year 2014.'';
(ii) in subparagraph (B), by striking
``off-system'' and inserting ``off-NHS''; and
(iii) by adding at the end the following:
``(C) Set-aside for certain off-nhs bridges.--Each
State shall obligate an amount equal to not less than
50 percent of the amount set aside under subparagraph
(A) for off-NHS bridges located on public roads that
are not Federal-aid highways.''; and
(C) by redesignating paragraph (3) as subsection
(h);
(7) in subsection (h) (as so redesignated)--
(A) by striking the heading and inserting ``Credit
for Bridges Not on the National Highway System.--'';
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and indenting
appropriately; and
(C) in the matter preceding paragraph (1) (as so
redesignated)--
(i) by striking ``the replacement of a
bridge or rehabilitation of''; and
(ii) by striking ``, and is determined by
the Secretary upon completion to be no longer a
deficient bridge'';
(8) in subsection (i)(1) (as redesignated by paragraph
(5)), 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 fiscal year''; and
(9) by adding at the end the following:
``(j) Border States.--
``(1) In general.--After consultation with relevant
transportation planning organizations, the Governor of a State
that shares a land border with Canada or Mexico may designate
for each fiscal year not more than 5 percent of funds made
available to the State under subsection (d)(1)(B) for border
infrastructure projects eligible under section 1303 of SAFETEA-
LU (23 U.S.C. 101 note; Public Law 109-59).
``(2) Use of funds.--Funds designated under this subsection
shall be available under the requirements of section 1303 of
SAFETEA-LU (23 U.S.C. 101 note; Public Law 109-59).
``(3) Certification.--Before making a designation under
paragraph (1), the Governor shall certify that the designation
is consistent with transportation planning requirements under
this title.
``(4) Notification.--Not later than 30 days after making a
designation under paragraph (1), the Governor shall submit to
the relevant transportation planning organizations within the
border region a written notification of any suballocated or
distributed amount of funds available for obligation by
jurisdiction.
``(5) Limitation.--This subsection applies only to funds
apportioned to a State after the date of enactment of the DRIVE
Act.
``(6) Deadline for designation.--A designation under
paragraph (1) shall--
``(A) be submitted to the Secretary not later than
30 days before the beginning of the fiscal year for
which the designation is being made; and
``(B) remain in effect for the funds designated
under paragraph (1) for a fiscal year until the
Governor of the State notifies the Secretary of the
termination of the designation.
``(7) Unobligated funds after termination.--On the date of
a termination under paragraph (6)(B), all remaining unobligated
funds that were designated under paragraph (1) for the fiscal
year for which the designation is being terminated shall be
made available to the State for the purposes described in
subsection (d)(1)(B).''.
SEC. 11005. METROPOLITAN TRANSPORTATION PLANNING.
Section 134 of title 23, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``resilient'' before
``surface transportation systems'';
(2) in subsection (c)(2), by striking ``and bicycle
transportation facilities'' and inserting ``, bicycle
transportation facilities, intermodal facilities that support
intercity transportation, including intercity buses and
intercity bus facilities, and commuter vanpool providers'';
(3) 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)(B).''; and
(C) in paragraph (5) (as redesignated by
subparagraph (A)), by striking ``paragraph (5)'' and
inserting ``paragraph (6)'';
(4) in subsection (e)(4)(B), by striking ``subsection
(d)(5)'' and inserting ``subsection (d)(6)'';
(5) in subsection (g)(3)(A), by inserting ``natural
disaster risk reduction,'' after ``environmental protection,'';
(6) 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 ``; 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)(A), by striking ``and in
section 5301(c) of title 49'' and inserting ``and the
general purposes described in section 5301 of title
49'';
(7) in subsection (i)--
(A) in paragraph (2)--
(i) in subparagraph (A)(i), by striking
``transit'' and inserting ``public
transportation facilities, intercity bus
facilities'';
(ii) in subparagraph (G)--
(I) by striking ``and provide'' and
inserting ``, provide''; and
(II) by inserting ``, and reduce
vulnerability due to natural disasters
of the existing transportation
infrastructure'' before the period at
the end; and
(iii) in subparagraph (H), by inserting ``,
including consideration of the role that
intercity buses may play in reducing
congestion, pollution, and energy consumption
in a cost-effective manner and strategies and
investments that preserve and enhance intercity
bus systems, including systems that are
privately owned and operated'' before the
period at the end;
(B) in paragraph (6)(A)--
(i) by inserting ``public ports,'' before
``freight shippers,''; and
(ii) by inserting ``(including intercity
bus operators and commuter vanpool providers)''
after ``private providers of transportation'';
and
(C) in paragraph (8), by striking ``(2)(C)'' each
place it appears and inserting ``(2)(E)'';
(8) in subsection (j)(5)(A), by striking ``subsection
(k)(4)'' and inserting ``subsection (k)(3)'';
(9) in subsection (k)--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively;
(10) in subsection (l)--
(A) in paragraph (1), by adding a period at the
end; and
(B) in paragraph (2)(D), by striking ``of less than
200,000'' and inserting ``with a population of 200,000
or less'';
(11) by striking subsection (n);
(12) by redesignating subsections (o) through (q) as
subsections (n) through (p), respectively;
(13) in subsection (o) (as so redesignated), by striking
``set aside under section 104(f)'' and inserting ``apportioned
under paragraphs (5)(D) and (6) of section 104(b)'' ; and
(14) by adding at the end the following:
``(q) Treatment of Lake Tahoe Region.--
``(1) Definition of lake tahoe region.--In this subsection,
the term `Lake Tahoe Region' has the meaning given the term
`region' in subsection (a) of Article II of the Lake Tahoe
Regional Planning Compact (Public Law 96-551; 94 Stat. 3234).
``(2) Treatment.--For the purpose of this title, the Lake
Tahoe Region shall be treated as--
``(A) a metropolitan planning organization;
``(B) a transportation management area under
subsection (k); and
``(C) an urbanized area, which is comprised of a
population of 145,000 in the State of California and a
population of 65,000 in the State of Nevada.
``(3) Suballocated funding.--
``(A) Section 133.--When determining the amount
under subparagraph (A) of section 133(d)(1) that shall
be obligated for a fiscal year in the States of
California and Nevada under clauses (i), (ii), and
(iii) of that subparagraph, the Secretary shall, for
each of those States--
``(i) calculate the population under each
of those clauses;
``(ii) decrease the amount under section
133(d)(1)(A)(iii) by the population specified
in paragraph (2) of this subsection for the
Lake Tahoe Region in that State; and
``(iii) increase the amount under section
133(d)(1)(A)(i) by the population specified in
paragraph (2) of this subsection for the Lake
Tahoe Region in that State.
``(B) Section 213.--When determining the amount
under paragraph (1) of section 213(c) that shall be
obligated for a fiscal year in the States of California
and Nevada under subparagraphs (A), (B), and (C) of
that paragraph, the Secretary shall, for each of those
States--
``(i) calculate the population under each
of those subparagraphs;
``(ii) decrease the amount under section
213(c)(1)(C) by the population specified in
paragraph (2) of this subsection for the Lake
Tahoe Region in that State; and
``(iii) increase the amount under section
213(c)(1)(A) by the population specified in
paragraph (2) of this subsection for the Lake
Tahoe Region in that State.''.
SEC. 11006. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
(a) In General.--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, intermodal facilities that support
intercity transportation, including intercity buses and
intercity bus facilities, and commuter vanpool providers'';
(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)(A), by striking ``and in
section 5301(c) of title 49'' and inserting ``and the
general purposes described in section 5301 of title
49'';
(3) in subsection (e)(1), by striking ``subsection (m)''
and inserting ``subsection (l)'';
(4) in subsection (f)--
(A) in paragraph (2)(B)(i), by striking
``subsection (m)'' and inserting ``subsection (l)'';
(B) in paragraph (3)(A)--
(i) in clause (i), by striking ``subsection
(m)'' and inserting ``subsection (l)''; and
(ii) in clause (ii), by inserting
``(including intercity bus operators and
commuter vanpool providers)'' after ``private
providers of transportation'';
(C) in paragraph (7), in the matter preceding
subparagraph (A), by striking ``should'' and inserting
``shall''; and
(D) in paragraph (8), by inserting ``, including
consideration of the role that intercity buses may play
in reducing congestion, pollution, and energy
consumption in a cost-effective manner and strategies
and investments that preserve and enhance intercity bus
systems, including systems that are privately owned and
operated'' before the period at the end;
(5) in subsection (g)--
(A) in paragraph (2)(B)(i), by striking
``subsection (m)'' and inserting ``subsection (l)'';
(B) in paragraph (3)--
(i) by inserting ``public ports,'' before
``freight shippers''; and
(ii) by inserting ``(including intercity
bus operators),'' after ``private providers of
transportation''; and
(C) in paragraph (6)(A), by striking ``subsection
(m)'' and inserting ``subsection (l)'';
(6) by striking subsection (j); and
(7) by redesignating subsections (k) through (m) as
subsections (j) through (l), respectively.
(b) Conforming Amendments.--Section 134(b)(5) of title 23, United
States Code, is amended by striking ``section 135(m)'' and inserting
``section 135(l)''.
SEC. 11007. HIGHWAY USE TAX EVASION PROJECTS.
Section 143(b) of title 23, United States Code, is amended by
striking paragraph (2)(A) and inserting the following:
``(A) In general.--From administrative funds made
available under section 104(a), the Secretary shall
deduct such sums as are necessary, not to exceed
$4,000,000 for each fiscal year, to carry out this
section.''.
SEC. 11008. 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) Definition of eligible entity.--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), an eligible bridge project
included in a bundle 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.''; and
(4) in subsection (k)(2) (as redesignated by paragraph
(2)), by striking ``104(b)(3)'' and inserting ``104(b)(2)''.
SEC. 11009. FLEXIBILITY FOR CERTAIN RURAL ROAD AND BRIDGE PROJECTS.
(a) Authority.--With respect to rural road and rural bridge
projects eligible for funding under title 23, United States Code,
subject to the provisions of this section 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) Types of Projects.--A rural road or rural bridge project under
this section shall--
(1) be located in a county that, based on the most recent
decennial census--
(A) has a population density of 80 or fewer persons
per square mile of land area; or
(B) is the county that has the lowest population
density of all counties in the State;
(2) be located within the operational right-of-way (as
defined in section 1316(b) of MAP-21 (23 U.S.C. 109 note; 126
Stat. 549)) of an existing road or bridge; and
(3)(A) receive less than $5,000,000 of Federal funds; or
(B) have a total estimated cost of not more than
$30,000,000 and Federal funds comprising less than 15
percent of the total estimated project cost.
(c) Process To Assist Rural Projects.--
(1) Assistance with federal requirements.--
(A) In general.--For projects under this section,
the Secretary shall seek to provide, to the maximum
extent practicable, regulatory relief and flexibility
consistent with this section.
(B) Exceptions, exemptions, and additional
flexibility.--Exceptions, exemptions, and additional
flexibility from regulatory requirements may be granted
if, in the opinion of the Secretary--
(i) the project is not expected to have a
significant adverse impact on the environment;
(ii) the project is not expected to have an
adverse impact on safety; and
(iii) the assistance would be in the public
interest for 1 or more reasons, including--
(I) reduced project costs;
(II) expedited construction,
particularly in an area where the
construction season is relatively short
and not granting the waiver or
additional flexibility could delay the
project to a later construction season;
or
(III) improved safety.
(2) Maintaining protections.--Nothing in this subsection--
(A) waives the requirements of section 113 or 138
of title 23, United States Code;
(B) supersedes, amends, or modifies--
(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) or any other
Federal environmental law; or
(ii) any requirement of title 23, United
States Code; or
(C) affects the responsibility of any Federal
officer to comply with or enforce any law or
requirement described in this paragraph.
SEC. 11010. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
(a) Construction of Ferry Boats and Ferry Terminal Facilities.--
Section 147 of title 23, United States Code, is amended--
(1) in subsection (a), by striking ``In General'' and
inserting ``Program'';
(2) by striking subsections (d) through (g) and inserting
the following:
``(d) Formula.--Of the amounts allocated under subsection (c)--
``(1) 35 percent shall be allocated among eligible entities
in the proportion that--
``(A) the number of ferry passengers, including
passengers in vehicles, carried by each ferry system in
the most recent calendar year for which data is
available; bears to
``(B) the number of ferry passengers, including
passengers in vehicles, carried by all ferry systems in
the most recent calendar year for which data is
available;
``(2) 35 percent shall be allocated among eligible entities
in the proportion that--
``(A) the number of vehicles carried by each ferry
system in the most recent calendar year for which data
is available; bears to
``(B) the number of vehicles carried by all ferry
systems in the most recent calendar year for which data
is available; and
``(3) 30 percent shall be allocated among eligible entities
in the proportion that--
``(A) the total route nautical miles serviced by
each ferry system in the most recent calendar year for
which data is available; bears to
``(B) the total route nautical miles serviced by
all ferry systems in the most recent calendar year for
which data is available.
``(e) Redistribution of Unobligated Amounts.--The Secretary shall--
``(1) withdraw amounts allocated to an eligible entity
under subsection (c) 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 subsequent fiscal year, redistribute the funds
referred to in paragraph (1) in accordance with the formula
under subsection (d) among eligible entities for which no
amounts were withdrawn under paragraph (1).
``(f) Minimum Amount.--Notwithstanding subsection (c), a State with
an eligible entity that meets the requirements of this section shall
receive not less than $100,000 under this section for a fiscal year.
``(g) Implementation.--
``(1) Data collection.--
``(A) National ferry database.--Amounts made
available for a fiscal year under this section shall be
allocated using the most recent data available, as
collected and imputed in accordance with the national
ferry database established under section 1801(e) of
SAFETEA-LU (23 U.S.C. 129 note; 119 Stat. 1456).
``(B) Eligibility for funding.--To be eligible to
receive funds under subsection (c), data shall have
been submitted in the most recent collection of data
for the national ferry database under section 1801(e)
of SAFETEA-LU (23 U.S.C. 129 note; 119 Stat. 1456) for
at least 1 ferry service within the State.
``(2) Adjustments.--On review of the data submitted under
paragraph (1)(B), the Secretary may make adjustments to the
data as the Secretary determines necessary to correct
misreported or inconsistent data.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $80,000,000 for each of fiscal years
2016 through 2021.
``(i) Period of Availability.--Notwithstanding section 118(b),
funds made available to carry out this section shall remain available
until expended.
``(j) Applicability.--All provisions of this chapter that are
applicable to the National Highway System, other than provisions
relating to apportionment formula and Federal share, shall apply to
funds made available to carry out this section, except as determined by
the Secretary to be inconsistent with this section.''.
(b) National Ferry Database.--Section 1801(e)(4) of SAFETEA-LU (23
U.S.C. 129 note; 119 Stat. 1456) is amended by striking subparagraph
(D) and inserting the following:
``(D) make available, from the amounts made
available for each fiscal year to carry out chapter 63
of title 49, not more than $500,000 to maintain the
database.''.
(c) Conforming Amendments.--Section 129(c) of title 23, United
States Code, is amended--
(1) in paragraph (2), in the first sentence, by inserting
``, or on a public transit ferry eligible under chapter 53 of
title 49'' after ``Interstate System'';
(2) in paragraph (3)--
(A) by striking ``(3) Such ferry'' and inserting
``(3)(A) The ferry''; and
(B) by adding at the end the following:
``(B) Any Federal participation shall not involve
the construction or purchase, for private ownership, of
a ferry boat, ferry terminal facility, or other
eligible project under this section.'';
(3) in paragraph (4), by striking ``and repair,'' and
inserting ``repair,''; and
(4) by striking paragraph (6) and inserting the following:
``(6) The ferry service shall be maintained in accordance
with section 116.
``(7)(A) No ferry boat or ferry terminal with Federal
participation under this title may be sold, leased, or
otherwise disposed of, except in accordance with part 18 of
title 49, Code of Federal Regulations (as in effect on December
18, 2014).
``(B) The Federal share of any proceeds from a disposition
referred to in subparagraph (A) shall be used for eligible
purposes under this title.''.
SEC. 11011. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
Section 148 of title 23, United States Code, is amended--
(1) in subsection (a)--
(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) An infrastructure safety project
not described in clauses (i) through
(xxvii).''; and
(B) by striking paragraph (10) and redesignating
paragraphs (11) through (13) as paragraphs (10) through
(12), respectively;
(2) in subsection (c)(1)(A), by striking ``subsection
(a)(12)'' and inserting ``subsection (a)(11)'';
(3) in subsection (d)(2)(B)(i), by striking ``subsection
(a)(12)'' and inserting ``subsection (a)(11)''; and
(4) in subsection (g)(1)--
(A) by striking ``increases'' and inserting ``does
not decrease''; and
(B) by inserting ``and exceeds the national
fatality rate on rural roads,'' after ``available,''.
SEC. 11012. DATA COLLECTION ON UNPAVED PUBLIC ROADS.
Section 148 of title 23, United States Code, is amended by adding
at the end the following:
``(k) Data Collection on Unpaved Public Roads.--
``(1) In general.--A State may elect not to collect
fundamental data elements for the model inventory of roadway
elements on public roads that are gravel roads or otherwise
unpaved if--
``(A)(i) more than 45 percent of the public roads
in the State are gravel roads or otherwise unpaved; and
``(ii) less than 10 percent of fatalities in the
State occur on those unpaved public roads; or
``(B)(i) more than 70 percent of the public roads
in the State are gravel roads or otherwise unpaved; and
``(ii) less than 25 percent of fatalities in the
State occur on those unpaved public roads.
``(2) Calculation.--The percentages described in paragraph
(1) shall be based on the average for the 5 most recent years
for which relevant data is available.
``(3) Use of funds.--If a State elects not to collect data
on a road described in paragraph (1), the State shall not use
funds provided to carry out this section for a project on that
road until the State completes a collection of the required
model inventory of roadway elements for the road.''.
SEC. 11013. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
Section 149 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A)(i)(I), by inserting ``in
the designated nonattainment area'' after ``air quality
standard'';
(B) in paragraph (3), by inserting ``or
maintenance'' after ``likely to contribute to the
attainment'';
(C) in paragraph (4), by striking ``attainment of''
and inserting ``attainment or maintenance of the area
of''; and
(D) in paragraph (8)(A)(ii)--
(i) in the matter preceding subclause (I),
by inserting ``or port-related freight
operations'' after ``construction projects'';
and
(ii) in subclause (II), by inserting ``or
chapter 53 of title 49'' after ``this title'';
(2) in subsection (c)(2), by inserting ``(giving priority
to corridors designated under section 151)'' after ``at any
location in the State'';
(3) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by inserting ``would otherwise be
eligible under subsection (b) if the
project were carried out in a
nonattainment or maintenance area or''
after ``may use for any project that'';
and
(II) in clause (i), by striking
``(excluding the amount of funds
reserved under paragraph (1))''; and
(ii) in subparagraph (B)(i), by striking
``MAP-21t'' and inserting ``MAP-21''; and
(B) in paragraph (3), by inserting ``, in a manner
consistent with the approach that was in effect on the
day before the date of enactment of MAP-21,'' after
``the Secretary shall modify'';
(4) in subsection (g)--
(A) in paragraph (2)(B), by striking ``not later
that'' and inserting ``not later than'';
(B) in paragraph (3)--
(i) by striking ``States and metropolitan''
and inserting the following:
``(A) In general.--States and metropolitan'';
(ii) by striking ``are proven to reduce''
and inserting ``reduce directly emitted''; and
(iii) by adding at the end the following:
``(B) Use of priority funding.--To the maximum
extent practicable, PM2.5 priority funding shall be
used on the most cost-effective projects and programs
that are proven to reduce directly emitted fine
particulate matter.'';
(5) in subsection (k)--
(A) in paragraph (1)--
(i) by striking ``that has a nonattainment
or maintenance area'' and inserting ``that has
1 or more nonattainment or maintenance areas'';
(ii) by striking ``a nonattainment or
maintenance area that are'' and inserting ``the
nonattainment or maintenance areas that are'';
(iii) by striking ``such area'' both places
it appears and inserting ``such areas''; and
(iv) by striking ``such fine particulate''
and inserting ``directly-emitted fine
particulate'';
(B) in paragraph (2), by striking ``highway
construction'' and inserting ``transportation
construction''; and
(C) by adding at the end the following:
``(3) Pm2.5 nonattainment and maintenance in low population
density states.--
``(A) Exception.--In any State with a population
density of 80 or fewer persons per square mile of land
area, based on the most recent decennial census, the
requirements under subsection (g)(3) and paragraphs (1)
and (2) of this subsection shall 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.
``(4) Port-related equipment and vehicles.--To meet the
requirements under paragraph (1), a State or metropolitan
planning organization may elect to obligate funds to the most
cost-effective projects to reduce emissions from port-related
landside nonroad or on-road equipment that is operated within
the boundaries of a PM2.5 nonattainment or maintenance area.'';
(6) in subsection (l)(1)(B), by inserting ``air quality and
traffic congestion'' before ``performance targets''; and
(7) in subsection (m), by striking ``section 104(b)(2)''
and inserting ``section 104(b)(4)''.
SEC. 11014. TRANSPORTATION ALTERNATIVES.
(a) In General.--Section 213 of title 23, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Reservation of Funds.--
``(1) In general.--On October 1 of each fiscal year, the
Secretary shall set aside from the amount determined for a
State under section 104(c) an amount determined for the State
under paragraphs (2) and (3).
``(2) Total amount.--The total amount set aside for the
program under this section shall be $850,000,000 for each
fiscal year.
``(3) State share.--The Secretary shall distribute among
the States the total set-aside amount under paragraph (2) so
that each State receives an amount equal to the proportion
that--
``(A) the amount apportioned to the State for the
transportation enhancements program for fiscal year
2009 under section 133(d)(2), as in effect on the day
before the date of enactment of MAP-21 (Public Law 112-
141; 126 Stat. 405); bears to
``(B) the total amount of funds apportioned to all
States for that fiscal year for the transportation
enhancements program for fiscal year 2009.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``Of the funds'' and all that
follows through ``shall be obligated under this
section'' in subparagraph (A) and inserting
``Funds reserved in a State under this section
shall be obligated'';
(ii) by striking subparagraph (B);
(iii) by redesignating clauses (i) through
(iii) as subparagraphs (A) through (C),
respectively;
(iv) in subparagraph (B) (as so
redesignated), by striking ``greater than
5,000'' and inserting ``of 5,000 or more''; and
(v) in subparagraph (C) (as so
redesignated), by striking ``; and'' and
inserting a period;
(B) in paragraph (2), by striking ``paragraph
(1)(A)(i)'' and inserting ``paragraph (1)(A)'';
(C) in paragraph (3)(A)--
(i) by striking ``Except as provided in
paragraph (1)(B), the'' and inserting ``The'';
and
(ii) by striking ``paragraph (1)(A)(i)''
both places it appears and inserting
``paragraph (1)(A)'';
(D) in paragraph (4)(B)--
(i) in clause (vi), by striking ``and'' at
the end;
(ii) by redesignating clause (vii) as
clause (viii); and
(iii) by inserting after clause (vi) the
following:
``(vii) a nonprofit entity responsible for
the administration of local transportation
safety programs; and''; and
(E) in paragraph (5)--
(i) by striking ``For funds reserved'' and
inserting the following:
``(A) In general.--For funds reserved'';
(ii) by striking ``paragraph (1)(A)(i)''
and inserting ``paragraph (1)(A)''; and
(iii) by adding at the end the following:
``(B) No restriction on suballocation.--Nothing in
this section prevents a metropolitan planning
organization from further suballocating funds within
the boundaries of the metropolitan planning area if a
competitive process is implemented for the award of the
suballocated funds.''; and
(3) by adding at the end the following:
``(h) Annual Reports.--
``(1) In general.--Each State or metropolitan planning
organization responsible for carrying out the requirements of
this section shall submit to the Secretary an annual report
that describes--
``(A) the number of project applications received
for each fiscal year, including--
``(i) the aggregate cost of the projects
for which applications are received; and
``(ii) the types of project to be carried
out (as described in subsection (b)), expressed
as percentages of the total apportionment of
the State under subsection (a); and
``(B) the number of projects selected for funding
for each fiscal year, including the aggregate cost and
location of projects selected.
``(2) Public availability.--The Secretary shall make
available to the public, in a user-friendly format on the
website of the Department, a copy of each annual report
submitted under paragraph (1).
``(i) Expediting Infrastructure Projects.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall develop
regulations or guidance relating to the implementation of this
section that encourages the use of the programmatic approaches
to environmental reviews, expedited procurement techniques, and
other best practices to facilitate productive and timely
expenditure for projects that are small, low-impact, and
constructed within an existing built environment.
``(2) State processes.--The Secretary shall work with State
departments of transportation to ensure that any regulation or
guidance developed under paragraph (1) is consistently
implemented by States and the Federal Highway Administration to
avoid unnecessary delays in implementing projects and to ensure
the effective use of Federal dollars.''.
(b) Conforming Amendment.--Section 126(b) of title 23, United
States Code, is amended--
(1) by striking ``set-asides.--'' and all that follows
through ``Funds that'' in paragraph (1) and inserting ``set-
asides.--Funds that'';
(2) by striking ``sections 104(d) and 133(d)'' and
inserting ``sections 104(d), 133(d), and 213(c)''; and
(3) by striking paragraph (2).
SEC. 11015. CONSOLIDATION OF PROGRAMS.
Section 1519(a) of MAP-21 (Public Law 112-141; 126 Stat. 574) is
amended in the matter preceding paragraph (1) by striking ``fiscal
years 2013 and 2014'' and inserting ``fiscal years 2013 through 2021''.
SEC. 11016. STATE FLEXIBILITY FOR NATIONAL HIGHWAY SYSTEM
MODIFICATIONS.
(a) National Highway System Flexibility.--Not later than 90 days
after the date of enactment of this Act, the Secretary shall issue
guidance relating to working with State departments of transportation
that request assistance from the division offices of the Federal
Highway Administration--
(1) to review roads classified as principal arterials in
the State that were added to the National Highway System as of
October 1, 2012, so as to comply with section 103 of title 23,
United States Code; and
(2) to identify any necessary functional classification
changes to rural and urban principal arterials.
(b) Administrative Actions.--The Secretary shall direct the
division offices of the Federal Highway Administration to work with the
applicable State department of transportation that requests assistance
under this section--
(1) to assist in the review of roads in accordance with
guidance issued under subsection (a);
(2) to expeditiously review and facilitate requests from
States to reclassify roads classified as principal arterials;
and
(3) in the case of a State that requests the withdrawal of
reclassified roads from the National Highway System under
section 103(b)(3) of title 23, United States Code, to carry out
that withdrawal if the inclusion of the reclassified road in
the National Highway System is not consistent with the needs
and priorities of the community or region in which the
reclassified road is located.
(c) National Highway System Modification Regulations.--The
Secretary shall--
(1) review the National Highway System modification process
described in appendix D of part 470 of title 23, Code of
Federal Regulations (or successor regulations); and
(2) take any action necessary to ensure that a State may
submit to the Secretary a request to modify the National
Highway System by withdrawing a road from the National Highway
System.
(d) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary shall
submit to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report that includes a description of--
(1) each request for reclassification of National Highway
System roads;
(2) the status of each request; and
(3) if applicable, the justification for the denial by the
Secretary of a request.
(e) Modifications to the National Highway System.--Section
103(b)(3)(A) of title 23, United States Code, is amended--
(1) in the matter preceding clause (i)--
(A) by striking ``, including any modification
consisting of a connector to a major intermodal
terminal,''; and
(B) by inserting ``, including any modification
consisting of a connector to a major intermodal
terminal or the withdrawal of a road from that
system,'' after ``the National Highway System''; and
(2) in clause (ii)--
(A) by striking ``(ii) enhances'' and inserting
``(ii)(I) enhances'';
(B) by striking the period at the end and inserting
``; or''; and
(C) by adding at the end the following:
``(II) in the case of the withdrawal of a
road, is reasonable and appropriate.''.
SEC. 11017. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.
Section 129(a) of title 23, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) by striking ``(other than a highway on
the Interstate System)''; and
(ii) by inserting ``non-HOV'' after ``toll-
free'' each place it appears;
(B) by striking subparagraph (C); and
(C) by redesignating subparagraphs (D) through (I)
as subparagraphs (C) through (H), respectively;
(2) by striking paragraph (4) and paragraph (6);
(3) by redesignating paragraphs (5), (7), (8), (9), and
(10) as paragraphs (4), (5), (6), (7), and (9), respectively;
(4) in paragraph (4)(B) (as so redesignated), by striking
``the Federal-aid system'' and inserting ``Federal-aid
highways''; and
(5) by inserting after paragraph (7) (as so redesignated)
the following:
``(8) Equal access for motorcoaches.--A private motorcoach
that serves the public shall be provided access to a toll
facility under the same rates, terms, and conditions as public
transportation buses in the State.''.
SEC. 11018. HOV FACILITIES.
Section 166 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraph (4) and inserting the
following:
``(4) High occupancy toll vehicles.--
``(A) In general.--The State agency may allow
vehicles not otherwise exempt under this subsection to
use the HOV facility if the operators of the vehicles
pay a toll charged by the agency for use of the
facility and the agency--
``(i) establishes a program that addresses
how motorists can enroll and participate in the
toll program;
``(ii) in the case of a high occupancy
vehicle facility that affects a metropolitan
area, submits to the Secretary a written
statement that the metropolitan planning
organization designated under section 134 for
the area has been consulted concerning the
placement and amount of tolls on the converted
facility;
``(iii) develops, manages, and maintains a
system that will automatically collect the
toll; and
``(iv) establishes policies and
procedures--
``(I) to manage the demand to use
the facility by varying the toll amount
that is charged;
``(II) to enforce violations of the
use of the facility; and
``(III) to ensure that private
motorcoaches that serve the public are
provided access to the facility under
the same rates, terms, and conditions,
as public transportation buses in the
State.
``(B) Exemption from tolls.--In levying a toll on a
facility under subparagraph (A), a State agency may--
``(i) designate classes of vehicles that
are exempt from the toll; and
``(ii) charge different toll rates for
different classes of vehicles.'';
(B) in paragraph (5), by striking subparagraph (A)
and inserting the following:
``(A) Inherently low emission vehicle.--If a State
agency establishes procedures for enforcing the
restrictions on the use of a HOV facility by vehicles
described in clauses (i) and (ii), the State agency may
allow the use of the HOV facility by--
``(i) alternative fuel vehicles; and
``(ii) any motor vehicle described in
section 30D(d)(1) of the Internal Revenue Code
of 1986.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Tolls'' and inserting
``Notwithstanding section 301, tolls''; and
(ii) by striking ``notwithstanding section
301 and, except as provided in paragraphs (2)
and (3)'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2);
(3) in subsection (d)(1), by striking subparagraphs (D) and
(E) and inserting the following:
``(D) Maintenance of operating performance.--
``(i) Submission of plan.--Not later than
180 days after the date on which a facility is
degraded under paragraph (2), the State agency
with jurisdiction over the facility shall
submit to the Secretary for approval a plan
that details the actions the State agency will
take to bring the facility into compliance with
the minimum average operating speed performance
standard through changes to operation of the
facility, including--
``(I) increasing the occupancy
requirement for HOV lanes;
``(II) varying the toll charged to
vehicles allowed under subsection (b)
to reduce demand;
``(III) discontinuing allowing non-
HOV vehicles to use HOV lanes under
subsection (b); or
``(IV) increasing the available
capacity of the HOV facility.
``(ii) Notice of approval or disapproval.--
Not later than 60 days after the date of
receipt of a plan under clause (i), the
Secretary shall provide to the State agency a
written notice indicating whether the Secretary
has approved or disapproved the plan based on a
determination of whether the implementation of
the plan will bring the HOV facility into
compliance.
``(iii) Biannual progress updates.--Until
the date on which the Secretary determines that
the State agency has brought the HOV facility
into compliance with this subsection, the State
agency shall submit biannual updates that
describe--
``(I) the actions taken to bring
the HOV facility into compliance; and
``(II) the progress made by those
actions.
``(E) Compliance.--The Secretary shall subject the
State to appropriate program sanctions under section
1.36 of title 23, Code of Federal Regulations (or
successor regulations), until the performance is no
longer degraded, if--
``(i) the State agency fails to submit an
approved action plan under subparagraph (D) to
bring a degraded facility into compliance; or
``(ii) after the State submits and the
Secretary approves an action plan under
subparagraph (D), the Secretary determines
that, on a date that is not earlier than 1 year
after the approval of the action plan, the
State agency is not making significant progress
toward bringing the HOV facility into
compliance with the minimum average operating
speed performance standard.''; and
(4) in subsection (f)(1), in the matter preceding
subparagraph (A), by inserting ``solely'' before ``operating''.
SEC. 11019. INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION PILOT
PROGRAM.
Section 1216(b) of the Transportation Equity Act for the 21st
Century (Public Law 105-178; 112 Stat. 212) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A), by striking ``the age,
condition, and intensity of use of the facility'' and
inserting ``an analysis demonstrating that the facility
has a significant age, condition, or intensity of use
to require expedited reconstruction or
rehabilitation'';
(B) in subparagraph (D)(iii), by inserting ``, and
that demonstrates the capability of that agency to
perform or oversee the building, operation, and
maintenance of a toll expressway system meeting
criteria for the Interstate System'' before the
semicolon at the end; and
(C) by adding at the end the following:
``(E) An analysis showing how the State plan for
implementing tolls on the facility takes into account
the interests and use of local, regional, and
interstate travelers.
``(F) An explanation of how the State will collect
tolls using electronic toll collection, including at
highway speeds, if practicable.
``(G) A plan describing the proposed location for
the collection of tolls on the facility, including any
locations in proximity to a State border.
``(H) Approved documentation that the project--
``(i) has received a categorical exclusion,
a finding of no significant impact, or a record
of decision under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
``(ii) complies with the Uniform Relocation
Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et
seq.).'';
(2) by striking paragraphs (4) and (6);
(3) by redesignating paragraph (5) as paragraph (4);
(4) in paragraph (4)(as so redesignated)--
(A) in the matter preceding subparagraph (A), by
striking ``Before the Secretary may permit'' and
inserting ``As a condition of permitting'';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``for--'' and inserting ``for
permissible uses described in section 129(a)(3)
of title 23, United States Code; and''; and
(ii) by striking clauses (i) through (iii);
(5) by inserting after paragraph (4) (as so redesignated)
the following:
``(5) Application processing procedure.--
``(A) In general.--Not later than 60 days after
receipt of an application under this subsection, the
Secretary shall provide to the applicant a written
notice informing the applicant whether--
``(i) the application is complete and meets
all requirements under this subsection; or
``(ii) additional information or materials
are needed--
``(I) to complete the application;
or
``(II) to meet the eligibility
requirements under paragraph (3).
``(B) Additional information or materials.--
``(i) In general.--Not later than 60 days
after receipt of an application, the Secretary
shall--
``(I) identify any additional
information or materials that are
needed under subparagraph (A)(ii); and
``(II) provide to the applicant
written notice specifying the details
of the additional required information
or materials.
``(ii) Amended application.--Not later than
60 days after receipt of the additional
information under clause (i), the Secretary
shall determine if the amended application is
complete and meets all requirements under this
subsection.
``(C) Technical assistance.--On the request of a
State, the Secretary shall provide technical assistance
to facilitate the development of a complete application
under this paragraph that is likely to satisfy the
eligibility criteria under paragraph (3).
``(D) Approval of application.--On written notice
by the Secretary that the application is complete and
meets all requirements of this subsection, the project
is considered approved and shall be permitted to
participate in the program under this subsection.
``(E) Limitation on approved application.--
``(i) In general.--For an application
received under this subsection on or after the
date of enactment of the DRIVE Act for the
reconstruction or rehabilitation of a facility,
a State shall--
``(I) not later than 1 year after
the date on which the application is
approved, issue a solicitation for a
contract to provide for the
reconstruction or rehabilitation of the
facility; and
``(II) not later than 2 years after
the date on which the application is
approved, execute a contract for the
reconstruction or rehabilitation of the
facility.
``(ii) Prior applications.--For an
application that received a conditional
provisional approval under this subsection
before the date of enactment of the DRIVE Act,
for the reconstruction or rehabilitation of a
facility, a State shall--
``(I) not later than 1 year after
the date of enactment of the DRIVE Act,
issue a solicitation for a contract to
provide for the reconstruction or
rehabilitation of the facility; and
``(II) not later than 2 years after
the date of enactment of the DRIVE Act,
execute a contract for the
reconstruction or rehabilitation of the
facility.
``(iii) Cancellation or extension.--If an
applicable deadline under clause (i) or (ii) is
not met, the Secretary shall--
``(I) cancel the application
approval; or
``(II) grant an extension of not
more than 1 year for the applicable
deadline, on the condition that--
``(aa) there has been
demonstrable progress toward
meeting the applicable
requirements; and
``(bb) the requirements are
likely to be met within 1 year.
``(6) Limitation on the use of national highway performance
program funds.--During the term of the pilot program, funds
apportioned for the national highway performance program under
section 104(b)(1) of title 23, United States Code, may not be
used for a facility for which tolls are being collected under
the pilot program unless the funds are used for a maintenance
purpose, as defined in section 101(a) of title 23, United
States Code.'';
(6) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively;
(7) by inserting after paragraph (6) the following:
``(7) Withdrawal.--A State may elect to withdraw
participation of the State in the pilot program at any time.'';
and
(8) in paragraph (8) (as redesignated by paragraph (6)), by
inserting ``after the date of enactment of the DRIVE Act''
after ``10 years''.
SEC. 11020. EMERGENCY RELIEF FOR FEDERALLY OWNED ROADS.
(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 tribal transportation facilities,
Federal lands transportation facilities, or other
federally owned roads that are open to public travel
(as defined in subsection (e)(1)).''.
(b) Definition.--Section 125(e) of title 23, United States Code, is
amended by striking paragraph (1) and inserting the following:
``(1) Definitions.--In this subsection:
``(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. 11021. BRIDGES REQUIRING CLOSURE OR LOAD RESTRICTIONS.
Section 144(h) of title 23, United States Code, is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(2) by inserting after paragraph (5) the following:
``(6) Bridges requiring closure or load restrictions.--
``(A) Bridges owned by federal agencies or tribal
governments.--If a Federal agency or tribal government
fails to ensure that any highway bridge that is open to
public travel and located in the jurisdiction of the
Federal agency or tribal government is properly closed
or restricted to loads that the bridge can carry
safely, the Secretary--
``(i) shall, on learning of the need to
close or restrict loads on the bridge, require
the Federal agency or tribal government to take
action necessary--
``(I) to close the bridge within 48
hours; or
``(II) within 30 days, to restrict
public travel on the bridge to loads
that the bridge can carry safely; and
``(ii) may, if the Federal agency or tribal
government fails to take action required under
clause (i), withhold all funding authorized
under this title for the Federal agency or
tribal government.''.
``(B) Other bridges.--If a State fails to ensure
that any highway bridge, other than a bridge described
in subparagraph (A), that is open to public travel and
is located within the boundaries of the State is
properly closed or restricted to loads the bridge can
carry safely, the Secretary--
``(i) shall, on learning of the need to
close or restrict loads on the bridge, require
the State to take action necessary--
``(I) to close the bridge within 48
hours; or
``(II) within 30 days, to restrict
public travel on the bridge to loads
that the bridge can carry safely; and
``(ii) may, if the State fails to take
action required under clause (i), withhold
approval for Federal-aid projects in that
State.''; and
(3) in paragraph (8) (as redesignated by paragraph (1)), by
striking ``(6)'' and inserting ``(7)''.
SEC. 11022. NATIONAL ELECTRIC VEHICLE CHARGING 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 and natural gas fueling
corridors
``(a) In General.--Not later than 1 year after the date of
enactment of the DRIVE Act, the Secretary shall designate national
electric vehicle charging and natural gas fueling corridors that
identify the near- and long-term need for, and location of, electric
vehicle charging 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 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 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 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 and natural gas vehicle
industries;
``(C) the freight and shipping industry;
``(D) clean technology firms;
``(E) the hospitality industry;
``(F) the restaurant industry; and
``(G) highway rest stop vendors; 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 and natural gas
fueling infrastructure and standardization needs for
electricity 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 and natural
gas fueling infrastructure in those corridors by the end of
fiscal year 2021.''.
(b) Conforming Amendment.--The analysis of chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
151 and inserting the following:
``151. National Electric Vehicle Charging and Natural Gas Fueling
Corridors.''.
SEC. 11023. ASSET MANAGEMENT.
(a) Section 119 of title 23, United States Code, is amended--
(1) in subsection (f)(2)--
(A) in subparagraph (A), by striking ``structurally
deficient'' and inserting ``being in poor condition'';
and
(B) in subparagraph (B), by striking ``structurally
deficient'' and inserting ``being in poor condition'';
and
(2) by adding at the end the following:
``(h) Critical Infrastructure.--
``(1) Definition of critical infrastructure.--In this
subsection, the term `critical infrastructure' means those
facilities the incapacity or failure of which would have a
debilitating impact on national or regional economic security,
national or regional energy security, national or regional
public health or safety, or any combination of those matters.
``(2) Designation.--The asset management plan of a State
developed pursuant to subsection (e) may include a designation
of a critical infrastructure network of facilities from among
those facilities in the State that are eligible under
subsection (c).
``(3) Risk reduction.--A State may use funds apportioned
under this section for projects intended to reduce the risk of
failure of facilities designated as being on the critical
infrastructure network of the State.''.
(b) Section 144 of title 23, United States Code, is amended--
(1) in subsection (a)(1)(B), by striking ``deficient''; and
(2) in subsection (b)(5), by striking ``each structurally
deficient bridge'' and inserting ``each bridge in poor
condition''.
(c) Section 202(d) of title 23, United States Code, is amended--
(1) in paragraph (1), by striking ``deficient'';
(2) in paragraph (2)(B), by striking ``deficient''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking the semicolon
at the end and inserting ``; and'';
(B) in subparagraph (B), by striking ``; and'' at
the end and inserting a period; and
(C) by striking subparagraph (C).
SEC. 11024. TRIBAL TRANSPORTATION PROGRAM AMENDMENT.
Section 202 of title 23, United States Code, is amended--
(1) in subsection (a)(6), by striking ``6 percent'' and
inserting ``5 percent''; and
(2) in subsection (d)(2), in the matter preceding
subparagraph (A) by striking ``2 percent'' and inserting ``3
percent''.
SEC. 11025. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS
PROGRAM.
(a) Purpose.--The Secretary shall establish a nationally
significant Federal lands and tribal projects program (referred to in
this section as the ``program'') to provide funding to construct,
reconstruct, or rehabilitate nationally significant Federal lands and
tribal transportation projects.
(b) Eligible Applicants.--
(1) In general.--Except as provided in paragraph (2),
entities eligible to receive funds under sections 201, 202,
203, and 204 of title 23, United States Code, may apply for
funding under the program.
(2) Special rule.--A State, county, or unit of local
government may only apply for funding under the program if
sponsored by an eligible Federal land management agency or
Indian tribe.
(c) Eligible Projects.--An eligible project under the program shall
be a single continuous project--
(1) on a Federal lands transportation facility, a Federal
lands access transportation facility, or a Tribal
transportation facility (as those terms are defined in section
101 of title 23, United States Code), except that such facility
is not required to be included on an inventory described in
sections 202 or 203 of title 23, United States Code;
(2) for which completion of activities required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) has been demonstrated through--
(A) a record of decision with respect to the
project;
(B) a finding that the project has no significant
impact; or
(C) a determination that the project is
categorically excluded; and
(3) having an estimated cost, based on the results of
preliminary engineering, equal to or exceeding $25,000,0000,
with priority consideration given to projects with an estimated
cost equal to or exceeding $50,000,000.
(d) Eligible Activities.--
(1) In general.--Subject to paragraph (2), an eligible
applicant receiving funds under the program may only use the
funds for construction, reconstruction, and rehabilitation
activities.
(2) Ineligible activities.--An eligible applicant may not
use funds received under the program for activities relating to
project design.
(e) Applications.--Eligible applicants shall submit to the
Secretary an application at such time, in such form, and containing
such information as the Secretary may require.
(f) Selection Criteria.--In selecting a project to receive funds
under the program, the Secretary shall consider the extent to which the
project--
(1) furthers the goals of the Department, including state
of good repair, environmental sustainability, economic
competitiveness, quality of life, and safety;
(2) improves the condition of critical multimodal
transportation facilities;
(3) needs construction, reconstruction, or rehabilitation;
(4) is included in or eligible for inclusion in the
National Register of Historic Places;
(5) enhances environmental ecosystems;
(6) uses new technologies and innovations that enhance the
efficiency of the project;
(7) is supported by funds, other than the funds received
under the program, to construct, maintain, and operate the
facility;
(8) spans 2 or more States; and
(9) serves land owned by multiple Federal agencies or
Indian tribes.
(g) Federal Share.--The Federal share of the cost of a project
shall be 95 percent.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $150,000,000 for each of fiscal
years 2016 through 2021, to remain available for a period of 3 fiscal
years following the fiscal year for which the amounts were
appropriated.
SEC. 11026. FEDERAL LANDS PROGRAMMATIC ACTIVITIES.
Section 201(c) of title 23, United States Code, is amended--
(1) in paragraph (6)(A)--
(A) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively;
(B) in the matter preceding subclause (I) (as so
redesignated), by striking ``The Secretaries'' and
inserting the following:
``(i) In general.--The Secretaries'';
(C) by inserting a period after ``tribal
transportation program''; and
(D) by striking ``in accordance with'' and all that
follows through ``including--'' and inserting the
following:
``(ii) Requirement.--Data collected to
implement the tribal transportation program
shall be in accordance with the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
``(iii) Inclusions.--Data collected under
this paragraph includes--''; and
(2) by striking paragraph (7) and inserting the following--
``(7) Cooperative research and technology deployment.--The
Secretary may conduct cooperative research and technology
deployment in coordination with Federal land management
agencies, as determined appropriate by the Secretary.
``(8) Funding.--
``(A) In general.--To carry out the activities
described in this subsection for Federal lands
transportation facilities, Federal lands access
transportation facilities, and other federally owned
roads open to public travel (as that term is defined in
section 125(e)), the Secretary shall combine and use
not greater than 5 percent for each fiscal year of the
funds authorized for programs under sections 203 and
204.
``(B) Other activities.--In addition to the
activities described in subparagraph (A), funds
described under that subparagraph may be used for--
``(i) bridge inspections on any federally
owned bridge even if that bridge is not
included on the inventory described under
section 203; and
``(ii) transportation planning activities
carried out by Federal land management agencies
eligible for funding under this chapter.''.
SEC. 11027. FEDERAL LANDS TRANSPORTATION PROGRAM.
Section 203 of title 23, United States Code, is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B), by striking ``operation''
and inserting ``capital, operations,''; and
(B) in subparagraph (D), by striking ``subparagraph
(A)(iv)'' and inserting ``subparagraph (A)(iv)(I)'';
(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), in the matter preceding
clause (i), by inserting ``performance management,
including'' after ``support''; and
(3) in subsection (c)(2)(B), by adding at the end the
following:
``(vi) The Bureau of Reclamation.''.
SEC. 11028. INNOVATIVE PROJECT DELIVERY.
Section 120(c)(3) of title 23, United States Code, is amended--
(1) in subparagraph (A)(ii)--
(A) by inserting ``engineering or design
approaches,'' after ``technologies,''; and
(B) by striking ``or contracting'' and inserting
``or contracting or project delivery''; and
(2) in subparagraph (B)(iii), by inserting ``and
alternative bidding'' before the semicolon at the end.
SEC. 11029. OBLIGATION AND RELEASE OF FUNDS.
Section 118(c)(2) of title 23, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``Any funds'' and inserting the following:
``(A) In general.--Any funds'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately; and
(3) by adding at the end the following:
``(B) Same class of funds no longer authorized.--If
the same class of funds described in subparagraph
(A)(i) is no longer authorized in the most recent
authorizing law, the funds may be credited to a similar
class of funds, as determined by the Secretary.''.
Subtitle B--Acceleration of Project Delivery
SEC. 11101. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL
ASSISTANCE.
Section 1317 of MAP-21 (23 U.S.C. 109 note; Public Law 112-141) is
amended--
(1) in the matter preceding paragraph (1), by striking
``Not later than'' and inserting the following:
``(a) In General.--Not later than''; and
(2) by adding at the end the following:
``(b) Inflationary Adjustment.--The dollar amounts described in
subsection (a) shall be adjusted for inflation--
``(1) effective October 1, 2015, to reflect changes since
July 1, 2012, in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor; and
``(2) effective October 1, 2016, and each succeeding
October 1, to reflect changes for the preceding 12-month period
in the Consumer Price Index for All Urban Consumers published
by the Bureau of Labor Statistics of the Department of
Labor.''.
SEC. 11102. PROGRAMMATIC AGREEMENT TEMPLATE.
(a) In General.--Section 1318 of MAP-21 (23 U.S.C. 109 note; Public
Law 112-141) is amended by adding at the end the following:
``(e) Programmatic Agreement Template.--
``(1) In general.--The Secretary shall develop a template
programmatic agreement described in subsection (d) that
provides for efficient and adequate procedures for evaluating
Federal actions described in section 771.117(c) of title 23,
Code of Federal Regulations (as in effect on the date of
enactment of this subsection).
``(2) Use of template.--The Secretary--
``(A) on receipt of a request from a State, shall
use the template programmatic agreement developed under
paragraph (1) in carrying out this section; and
``(B) on consent of the applicable State, may
modify the template as necessary to address the unique
needs and characteristics of the State.
``(3) Outcome measurements.--The Secretary shall establish
a method to verify that actions described in section 771.117(c)
of title 23, Code of Federal Regulations (as in effect on the
date of enactment of this subsection), are evaluated and
documented in a consistent manner by the State that uses the
template programmatic agreement under this subsection.''.
(b) Categorical Exclusion Determinations.--Not later than 30 days
after the date of enactment of this Act, the Secretary shall revise
section 771.117(g) of title 23, Code of Federal Regulations, to allow a
programmatic agreement under this section to include responsibility for
making categorical exclusion determinations--
(1) for actions described in subsections (c) and (d) of
section 771.117 of title 23, Code of Federal Regulations; and
(2) that meet the criteria for a categorical exclusion
under section 1508.4 of title 40, Code of Federal Regulations
(as in effect on the date of enactment of this Act), and are
identified in the programmatic agreement.
SEC. 11103. AGENCY COORDINATION.
(a) Roles and Responsibility of Lead Agency.--Section 139(c)(6) of
title 23, United States Code, is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) to consider and respond to comments received
from participating agencies on matters within the
special expertise or jurisdiction of the participating
agencies.''.
(b) Participating Agency Responsibilities.--Section 139(d) of title
23, United States Code, is amended by adding at the end the following:
``(8) Participating agency responsibilities.--An agency
participating in the collaborative environmental review process
under this section shall--
``(A) provide comments, responses, studies, or
methodologies on those areas within the special
expertise or jurisdiction of the Federal participating
or cooperating agency; and
``(B) use the process to address any environmental
issues of concern to the participating or cooperating
agency.''.
SEC. 11104. INITIATION OF ENVIRONMENTAL REVIEW PROCESS.
Section 139 of title 23, United States Code, is amended--
(1) in subsection (a), by striking paragraph (6) and
inserting the following:
``(6) Project.--
``(A) In general.--The term `project' means any
highway project, public transportation capital project,
or multimodal project that, if implemented as proposed
by the project sponsor, would require approval by any
operating administration or secretarial office within
the Department.
``(B) Considerations.--For purposes of this
paragraph, the Secretary shall take into account, if
known, any sources of Federal funding or financing
identified by the project sponsor, including
discretionary grant, loan, and loan guarantee programs
administered by the Department.'';
(2) in subsection (e)--
(A) in paragraph (1), by inserting ``(including any
additional information that the project sponsor
considers to be important to initiate the process for
the proposed project)'' after ``location of the
proposed project''; and
(B) by adding at the end the following:
``(3) Review of application.--Not later than 45 days after
the date on which an application is received by the Secretary
under this subsection, the Secretary shall provide to the
project sponsor a written response that, as applicable--
``(A) describes the determination of the
Secretary--
``(i) to initiate the environmental review
process, including a timeline and an expected
date for the publication in the Federal
Register of the relevant notice of intent; or
``(ii) to decline the application,
including an explanation of the reasons for
that decision; or
``(B) requests additional information, and provides
to the project sponsor an accounting, regarding what is
necessary to initiate the environmental review process.
``(4) Request to designate a lead agency.--
``(A) In general.--Any project sponsor may submit a
request to the Secretary to designate a specific
operating administration or secretarial office within
the Department of Transportation to serve as the
Federal lead agency for a project.
``(B) Proposed schedule.--A request under
subparagraph (A) may include a proposed schedule for
completing the environmental review process.
``(C) Secretarial action.--
``(i) In general.--If a request under
subparagraph (A) is received, the Secretary
shall respond to the request not later than 45
days after the date of receipt.
``(ii) Requirements.--The response shall--
``(I) approve the request;
``(II) deny the request, with an
explanation of the reasons; or
``(III) require the submission of
additional information.
``(iii) Additional information.--If
additional information is submitted in
accordance with clause (ii)(III), the Secretary
shall respond to that submission not later than
45 days after the date of receipt.''; and
(3) in subsection (f)(4), by adding at the end the
following:
``(E) Reduction of duplication.--
``(i) In general.--In carrying out this
paragraph, the lead agency shall reduce
duplication, to the maximum extent practicable,
between--
``(I) the evaluation of
alternatives under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
``(II) the evaluation of
alternatives in the metropolitan
transportation planning process under
section 134 of title 23, United States
Code, or an environmental review
process carried out under State law
(referred to in this subparagraph as a
`State environmental review process').
``(ii) Consideration of alternatives.--The
lead agency may eliminate from detailed
consideration an alternative proposed in an
environmental impact statement regarding a
project if, as determined by the lead agency--
``(I) the alternative was
considered in a metropolitan planning
process or a State environmental review
process by a metropolitan planning
organization or a State or local
transportation agency, as applicable;
``(II) the lead agency provided
guidance to the metropolitan planning
organization or State or local
transportation agency, as applicable,
regarding analysis of alternatives in
the metropolitan planning process or
State environmental review process,
including guidance on the requirements
under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.)
and any other requirements of Federal
law necessary for approval of the
project;
``(III) the applicable metropolitan
planning process or State environmental
review process included an opportunity
for public review and comment;
``(IV) the applicable metropolitan
planning organization or State or local
transportation agency rejected the
alternative after considering public
comments;
``(V) the Federal lead agency
independently reviewed the alternative
evaluation approved by the applicable
metropolitan planning organization or
State or local transportation agency;
and
``(VI) the Federal lead agency has
determined--
``(aa) in consultation with
Federal participating or
cooperating agencies, that the
alternative to be eliminated
from consideration is not
necessary for compliance with
the National Environmental
Policy Act of 1969 (42 U.S.C.
4321 et seq.); or
``(bb) with the concurrence
of Federal agencies with
jurisdiction over a permit or
approval required for a
project, that the alternative
to be eliminated from
consideration is not necessary
for any permit or approval
under any other Federal law.''.
SEC. 11105. IMPROVING COLLABORATION FOR ACCELERATED DECISION MAKING.
(a) Coordination and Scheduling.--Section 139(g)(1)(B)(i) of title
23, United States Code, is amended--
(1) by striking ``The lead agency'' and inserting ``For a
project requiring an environmental impact statement or
environmental assessment, the lead agency''; and
(2) by striking ``may'' and inserting ``shall''.
(b) Issue Identification and Resolution.--Section 139(h) of title
23, United States Code, is amended--
(1) in paragraph (4)(C), by striking ``paragraph (5) and''
and inserting ``paragraph (5)'';
(2) in paragraph (5)(A)(ii)(I), by inserting ``, including
modifications to the project schedule'' after ``review
process''; and
(3) in paragraph (6)(B), by striking clause (ii) and
inserting the following:
``(ii) Description of date.--The date
referred to in clause (i) is 1 of the
following:
``(I) The date that is 30 days
after the date for rendering a decision
as described in the project schedule
established pursuant to subsection
(g)(1)(B).
``(II) If no schedule exists, the
later of--
``(aa) the date that is 180
days after the date on which an
application for the permit,
license or approval is
complete; or
``(bb) the date that is 180
days after the date on which
the Federal lead agency issues
a decision on the project under
the National Environmental
Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(III) A modified date consistent
with subsection (g)(1)(D).''.
SEC. 11106. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL REVIEWS.
(a) In General.--Section 139 of title 23, United States Code, is
amended by adding at the end the following:
``(n) Accelerated Decisionmaking in Environmental Reviews.--
``(1) 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 regarding 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 shall--
``(A) cite the sources, authorities, or reasons
that support the position of the lead agency; and
``(B) if appropriate, indicate the circumstances
that would trigger agency reappraisal or further
response.
``(2) Incorporation.--To the maximum extent practicable,
the lead agency shall expeditiously develop a single document
that consists of a final environmental impact statement and a
record of decision, unless--
``(A) the final environmental impact statement
makes substantial changes to the proposed action that
are relevant to environmental or safety concerns; or
``(B) there are significant new circumstances or
information that--
``(i) are relevant to environmental
concerns; and
``(ii) bear on the proposed action or the
impacts of the proposed action.''.
(b) Repeal.--Section 1319 of MAP-21 (42 U.S.C. 4332a) is repealed.
SEC. 11107. IMPROVING TRANSPARENCY IN ENVIRONMENTAL REVIEWS.
Section 139 of title 23, United States Code (as amended by section
11106(a)), is amended by adding at the end the following:
``(o) Reviews, Approvals, and Permitting Platform.--
``(1) In general.--Not later than 2 years after the date of
enactment of this subsection, the Secretary shall establish an
online platform and, in coordination with agencies described in
paragraph (2), issue reporting standards to make publicly
available the status of reviews, approvals, and permits
required for compliance with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) or other applicable
Federal laws for projects and activities requiring an
environmental assessment or an environmental impact statement.
``(2) Federal agency participation.--A Federal agency of
jurisdiction over a review, approval, or permit described in
paragraph (1) shall provide status information in accordance
with the standards established by the Secretary under paragraph
(1).
``(3) State responsibilities.--A State that is assigned and
assumes responsibilities under section 326 or 327 shall provide
applicable status information in accordance with standards
established by the Secretary under paragraph (1).''.
SEC. 11108. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.
Section 168 of title 23, United States Code, is amended to read as
follows:
``Sec. 168. Integration of planning and environmental review
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Environmental review process.--The term
`environmental review process' means the process for preparing
for a project an environmental impact statement, environmental
assessment, categorical exclusion, or other document prepared
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(2) Lead agency.--The term `lead agency' has the meaning
given the term in section 139(a).
``(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 135, respectively.
``(4) Project.--The term `project' has the meaning given
the term in section 139(a).
``(b) Adoption of Planning Products for Use in NEPA Proceedings.--
``(1) In general.--Subject to subsection (d), the Federal
lead agency for a project may adopt and use a planning product
in proceedings relating to any class of action in the
environmental review process of the project.
``(2) Identification.--If the Federal lead agency makes a
determination to adopt and use a planning product, the Federal
lead agency shall identify the agencies that participated in
the development of the planning products.
``(3) Partial adoption of planning products.--The Federal
lead agency may--
``(A) adopt an entire planning product under
paragraph (1); or
``(B) select portions of a planning project under
paragraph (1) for adoption.
``(4) Timing.--A determination under paragraph (1) with
respect to the adoption of a planning product may--
``(A) be made at the time the lead agencies decide
the appropriate scope of environmental review for the
project; or
``(B) occur later in the environmental review
process, as appropriate.
``(c) Applicability.--
``(1) Planning decisions.--The lead agency in the
environmental review process may adopt decisions from a
planning product, including--
``(A) whether tolling, private financial
assistance, or other special financial measures are
necessary to implement the project;
``(B) a decision with respect to general travel
corridor or modal choice, including a decision to
implement corridor or subarea study recommendations to
advance different modal solutions as separate projects
with independent utility;
``(C) the purpose and the need for the proposed
action;
``(D) preliminary screening of alternatives and
elimination of unreasonable alternatives;
``(E) a basic description of the environmental
setting;
``(F) a decision with respect to methodologies for
analysis; and
``(G) an identification of programmatic level
mitigation for potential impacts of transportation
projects, including--
``(i) measures to avoid, minimize, and
mitigate impacts at a regional or national
scale;
``(ii) investments in regional ecosystem
and water resources; and
``(iii) a programmatic mitigation plan
developed in accordance with section 169.
``(2) Planning analyses.--The lead agency in the
environmental review process may adopt analyses from a planning
product, including--
``(A) travel demands;
``(B) regional development and growth;
``(C) local land use, growth management, and
development;
``(D) population and employment;
``(E) natural and built environmental conditions;
``(F) environmental resources and environmentally
sensitive areas;
``(G) potential environmental effects, including
the identification of resources of concern and
potential indirect and cumulative effects on those
resources; and
``(H) mitigation needs for a proposed action, or
for programmatic level mitigation, for potential
effects that the Federal lead agency determines are
most effectively addressed at a regional or national
program level.
``(d) Conditions.--The lead agency in the environmental review
process may adopt and use a planning product under this section if the
lead agency determines, with the concurrence of other participating
agencies with relevant expertise and project sponsors, as appropriate,
that the following conditions have been met:
``(1) The planning product was developed through a planning
process conducted pursuant to applicable Federal law.
``(2) The planning product was developed in consultation
with appropriate Federal and State resource agencies and Indian
tribes.
``(3) The planning process included broad multidisciplinary
consideration of systems-level or corridor-wide transportation
needs and potential effects, including effects on the human and
natural environment.
``(4) The planning process included public notice that the
planning products produced in the planning process may be
adopted during a subsequent environmental review process in
accordance with this section.
``(5) During the environmental review process, the lead
agency has--
``(A) made the planning documents available for
public review and comment;
``(B) provided notice of the intention of the lead
agency to adopt the planning product; and
``(C) considered any resulting comments.
``(6) There is no significant new information or new
circumstance that has a reasonable likelihood of affecting the
continued validity or appropriateness of the planning product.
``(7) The planning product has a rational basis and is
based on reliable and reasonably current data and reasonable
and scientifically acceptable methodologies.
``(8) The planning product is documented in sufficient
detail to support the decision or the results of the analysis
and to meet requirements for use of the information in the
environmental review process.
``(9) The planning product is appropriate for adoption and
use in the environmental review process for the project and is
incorporated in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 1502.21
of title 40, Code of Federal Regulations (as in effect on the
date of enactment of the DRIVE Act).
``(e) Effect of Adoption.--Any planning product adopted by the
Federal lead agency in accordance with this section may be--
``(1) incorporated directly into an environmental review
process document or other environmental document; and
``(2) relied on and used by other Federal agencies in
carrying out reviews of the project.
``(f) Rules of Construction.--
``(1) In general.--This section does not make the
environmental review process applicable to the transportation
planning process conducted under this title and chapter 53 of
title 49.
``(2) Transportation planning activities.--Initiation of
the environmental review process as a part of, or concurrently
with, transportation planning activities does not subject
transportation plans and programs to the environmental review
process.
``(3) Planning products.--This section does not affect the
use of planning products in the environmental review process
pursuant to other authorities under any other provision of law
or restrict the initiation of the environmental review process
during planning.''.
SEC. 11109. USE OF PROGRAMMATIC MITIGATION PLANS.
Section 169(f) of title 23, United States Code, is amended--
(1) by striking ``may use'' and inserting ``shall
consider''; and
(2) by inserting ``or other Federal environmental law''
before the period at the end.
SEC. 11110. ADOPTION OF DEPARTMENTAL ENVIRONMENTAL DOCUMENTS.
(a) In General.--Title 49, United States Code, is amended by
inserting after section 306 the following:
``Sec. 307. Adoption of Departmental environmental documents
``(a) In General.--An operating administration or secretarial
office within the Department may adopt any draft environmental impact
statement, final environmental impact statement, environmental
assessment, or any other document issued under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by another
operating administration or secretarial office within the Department--
``(1) without recirculating the document (except that a
final environmental impact statement shall be recirculated
prior to adoption); and
``(2) if the operating administration or secretarial office
adopting the document certifies that the project is
substantially the same as the project reviewed under the
document to be adopted.
``(b) Cooperating Agency.--An adopting operating administration or
secretarial office that was a cooperating agency and certifies that the
project is substantially the same as the project reviewed under the
document to be adopted and that its comments and suggestions have been
addressed may adopt a document described in subsection (a) without
recirculating the document.''.
(b) Conforming Amendment.--The analysis for chapter 3 of title 49,
United States Code, is amended by striking the item relating to section
307 and inserting the following:
``Sec. 307. Adoption of Departmental environmental documents.''.
SEC. 11111. TECHNICAL ASSISTANCE FOR STATES.
Section 326 of title 23, United States Code, is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Assistance to states.--On request of a Governor of a
State, the Secretary shall provide to the State technical
assistance, training, or other support relating to--
``(A) assuming responsibility under subsection (a);
``(B) developing a memorandum of understanding
under this subsection; or
``(C) addressing a responsibility in need of
corrective action under subsection (d)(1)(B).''; and
(2) in subsection (d), by striking paragraph (1) and
inserting the following:
``(1) Termination by secretary.--The Secretary may
terminate the participation of any State in the program, if--
``(A) the Secretary determines that the State is
not adequately carrying out the responsibilities
assigned to the State;
``(B) the Secretary provides to the State--
``(i) a notification of the determination
of noncompliance;
``(ii) a period of not less than 120 days
to take such corrective action as the Secretary
determines to be necessary to comply with the
applicable agreement; and
``(iii) on request of the Governor of the
State, a detailed description of each
responsibility in need of corrective action
regarding an inadequacy identified under
subparagraph (A); and
``(C) the State, after the notification and period
described in clauses (i) and (ii) of subparagraph (B),
fails to take satisfactory corrective action, as
determined by the Secretary.''.
SEC. 11112. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.
Section 327(j) of title 23, United States Code, is amended by
striking paragraph (1) and inserting the following:
``(1) Termination by secretary.--The Secretary may
terminate the participation of any State in the program if--
``(A) the Secretary determines that the State is
not adequately carrying out the responsibilities
assigned to the State;
``(B) the Secretary provides to the State--
``(i) a notification of the determination
of noncompliance;
``(ii) a period of not less than 120 days
to take such corrective action as the Secretary
determines to be necessary to comply with the
applicable agreement; and
``(iii) on request of the Governor of the
State, a detailed description of each
responsibility in need of corrective action
regarding an inadequacy identified under
subparagraph (A); and
``(C) the State, after the notification and period
provided under subparagraph (B), fails to take
satisfactory corrective action, as determined by the
Secretary.''.
SEC. 11113. CATEGORICAL EXCLUSIONS FOR MULTIMODAL PROJECTS.
(a) Multimodal Project Defined.--Section 139(a) of title 23, United
States Code, is amended by striking paragraph (5) and inserting the
following:
``(5) Multimodal project.--The term `multimodal project'
means a project that requires approval by more than 1
Department of Transportation operating administration or
secretarial office.''.
(b) 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), by striking ``operating
authority that is not the lead authority with respect
to a project'' and inserting ``operating administration
or secretarial office that has expertise but is not the
lead authority with respect to a proposed multimodal
project''; 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.) for a proposed multimodal project.'';
(2) in subsection (b), by striking ``under this title'' and
inserting ``by the Secretary of Transportation'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``a categorical exclusion
designated under the implementing regulations
or'' and inserting ``a categorical exclusion
designated under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)
implementing regulations or''; and
(ii) by striking ``other components of
the'' and inserting ``a proposed multimodal'';
and
(B) by striking paragraphs (1) through (5) and
inserting the following:
``(1) the lead authority makes a determination, in
consultation with the cooperating authority, on the
applicability of a categorical exclusion to a proposed
multimodal project;
``(2) the cooperating authority does not object to the
determination of the lead authority of the applicability of a
categorical exclusion;
``(3) the lead authority determines that the component of
the proposed multimodal project to be covered by the
categorical exclusion of the cooperating authority has
independent utility; and
``(4) 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 the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).''; and
(4) by striking subsection (d) and inserting the following:
``(d) Cooperative 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. 11114. MODERNIZATION OF THE ENVIRONMENTAL REVIEW PROCESS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall examine ways to modernize,
simplify, and improve the implementation of the National Environmental
Policy Act of 1969 (42 U.S.C. 4231 et seq.) by the Department.
(b) Inclusions.--In carrying out subsection (a), the Secretary
shall consider--
(1) the use of technology in the process, such as--
(A) searchable databases;
(B) geographic information system mapping tools;
(C) integration of those tools with fiscal
management systems to provide more detailed data; and
(D) other innovative technologies;
(2) ways to prioritize use of programmatic environmental
impact statements;
(3) methods to encourage cooperating agencies to present
analyses in a concise format; and
(4) any other improvements that can be made to modernize
process implementation.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report describing the
results of the review carried out under subsection (a).
SEC. 11115. 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, the area of which is less than or
equal to 32 square feet, if the State notifies the Federal Highway
Administration.
SEC. 11116. 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 an 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
website 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--
(1) in subsection (c), in the matter preceding paragraph
(1), by striking ``subsection (d)'' and inserting ``subsections
(d) and (e)''; and
(2) 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 an 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
website 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. 11117. BRIDGE EXEMPTION FROM CONSIDERATION UNDER CERTAIN
PROVISIONS.
(a) Preservation of Parklands.--Section 138 of title 23, United
States Code, as amended by section 11116, is amended by adding at the
end the following:
``(d) Bridge Exemption From Consideration.--A common post-1945
concrete or steel bridge or culvert (as described in 77 Fed. Reg.
68790) that is exempt from individual review under section 306108 of
title 54, United States Code, shall be exempt from consideration under
this section.''.
(b) Policy on Lands, Wildlife and Waterfowl Refuges, and Historic
Sites.--Section 303 of title 49, United States Code, as amended by
section 11116, is amended by adding at the end the following:
``(f) Bridge Exemption From Consideration.--A common post-1945
concrete or steel bridge or culvert (as described in 77 Fed. Reg.
68790) that is exempt from individual review under section 306108 of
title 54, United States Code, shall be exempt from consideration under
this section.''.
SEC. 11118. ELIMINATION OF BARRIERS TO IMPROVE AT-RISK BRIDGES.
(a) Temporary Authorization.--
(1) In general.--Until the Secretary of the Interior takes
the action described in subsection (b), the take of nesting
swallows to facilitate a construction project on a bridge
eligible for funding under title 23, United States Code, with
any component condition rating of 3 or less (as defined by the
National Bridge Inventory General Condition Guidance issued by
the Federal Highway Administration) is authorized under the
Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) between April
1 and August 31.
(2) Measures to minimize impacts.--
(A) Notification before taking.--Prior to the
taking of nesting swallows authorized under paragraph
(1), any person taking that action shall submit to the
Secretary of the Interior a document that contains--
(i) the name of the person acting under the
authority of paragraph (1) to take nesting
swallows;
(ii) a list of practicable measures that
will be undertaken to minimize or mitigate
significant adverse impacts on the population
of that species;
(iii) the time period during which
activities will be carried out that will result
in the taking of that species; and
(iv) an estimate of the number of birds, by
species, to be taken in the proposed action.
(B) Notification after taking.--Not later than 60
days after the taking of nesting swallows authorized
under paragraph (1), any person taking that action
shall submit to the Secretary of the Interior a
document that contains the number of birds, by species,
taken in the action.
(b) Authorization of Take.--
(1) In general.--The Secretary of the Interior, in
consultation with the Secretary, shall promulgate a regulation
under the authority of section 3 of the Migratory Bird Treaty
Act (16 U.S.C. 704) authorizing the take of nesting swallows to
facilitate bridge repair, maintenance, or construction--
(A) without individual permit requirements; and
(B) under terms and conditions determined to be
consistent with treaties relating to migratory birds
that protect swallow species occurring in the United
States.
(2) Termination.--On the effective date of a final rule
under this subsection by the Secretary of the Interior,
subsection (a) shall have no force or effect.
(c) Suspension or Withdrawal of Take Authorization.--If the
Secretary of the Interior, in consultation with the Secretary,
determines that taking of nesting swallows carried out under the
authority provided in subsection (a)(1) is having a significant adverse
impact on swallow populations, the Secretary of the Interior may
suspend that authority through publication in the Federal Register.
SEC. 11119. AT-RISK PROJECT PREAGREEMENT AUTHORITY.
(a) Definition of Preliminary Engineering.--In this section, the
term ``preliminary engineering'' means allowable preconstruction
project development and engineering costs.
(b) At-risk Project Preagreement Authority.--A recipient or
subrecipient of Federal-aid funds under title 23, United States Code,
may--
(1) incur preliminary engineering costs for an eligible
project under title 23, United States Code, before receiving
project authorization from the State, in the case of a
subrecipient, and the Secretary to proceed with the project;
and
(2) request reimbursement of applicable Federal funds after
the project authorization is received.
(c) Eligibility.--The Secretary may reimburse preliminary
engineering costs incurred by a recipient or subrecipient under
subsection (b)--
(1) if the costs meet all applicable requirements under
title 23, United States Code, at the time the costs are
incurred and the Secretary concurs that the requirements have
been met;
(2) in the case of a project located within a designated
nonattainment or maintenance area for air quality, if the
conformity requirements of the Clean Air Act (42 U.S.C. 7401 et
seq.) have been met; and
(3) if the costs would have been allowable if incurred
after the date of the project authorization by the Department.
(d) At-risk.--A recipient or subrecipient that elects to use the
authority provided under this section shall--
(1) assume all risk for preliminary engineering costs
incurred prior to project authorization; and
(2) be responsible for ensuring and demonstrating to the
Secretary that all applicable cost eligibility conditions are
met after the authorization is received.
(e) Restrictions.--Nothing in this section--
(1) allows a recipient or subrecipient to use the authority
under this section to advance a project beyond preliminary
engineering prior to the completion of the environmental review
process;
(2) waives the applicability of Federal requirements to a
project other than the reimbursement of preliminary engineering
costs incurred prior to an authorization to proceed in
accordance with this section; or
(3) guarantees Federal funding of the project or the
eligibility of the project for future Federal-aid highway
funding.
Subtitle C--Miscellaneous
SEC. 11201. CREDITS FOR UNTAXED TRANSPORTATION FUELS.
(a) Definition of Qualified Revenues.--In this section, the term
``qualified revenues'' means any amounts--
(1) collected by a State--
(A) for the registration of a vehicle that operates
solely on a fuel that is not subject to a Federal tax;
and
(B) not sooner than the second registration period
following the purchase of the vehicle; and
(2) that do not exceed, for a vehicle described in
paragraph (1), an annual amount determined by the Secretary to
be equal to the annual amount paid for Federal motor fuels
taxes on the fuel used by an average passenger car fueled
solely by gasoline.
(b) Credit.--
(1) In general.--Subject to paragraph (2), if a State
contributes qualified revenues to cover not less than 5 percent
of the total cost of a project eligible for assistance under
this title, the Federal share payable for the project under
this section may be increased by an amount that is--
(A) equal to the percent of the total cost of the
project from contributed qualified revenues; but
(B) not more than 5 percent of the total cost of
the project.
(2) Expiration.--The authorization of an increased Federal
share for a project pursuant to paragraph (1) expires on
September 30, 2023.
(c) Study.--
(1) In general.--Before the expiration date of the credit
under subsection (b)(2), the Secretary, in coordination with
other appropriate Federal agencies, shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that describes the most efficient and
equitable means of taxing motor vehicle fuels not subject to a
Federal tax as of the date of submission of the report.
(2) Requirement.--The means described in the report under
paragraph (1) shall parallel, as closely as practicable, the
structure of other Federal taxes on motor fuels.
SEC. 11202. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE INTERSTATE
SYSTEM.
Section 111(e) of title 23, United States Code, is amended by
inserting ``(including new or modified freeway-to-crossroad
interchanges inside a transportation management area)'' after ``the
Interstate System''.
SEC. 11203. EXEMPTIONS.
Section 127 of title 23, United States Code, is amended by adding
at the end the following:
``(m) Natural Gas Vehicles.--A vehicle, if operated by an engine
fueled primarily by natural gas, may exceed any vehicle weight limit
(up to a maximum gross vehicle weight of 82,000 pounds) under this
section by an amount that is equal to the difference between--
``(1) the weight of the vehicle attributable to the natural
gas tank and fueling system carried by that vehicle; and
``(2) the weight of a comparable diesel tank and fueling
system.
``(n) Emergency Vehicles.--
``(1) Definition of emergency vehicle.--In this subsection,
the term `emergency vehicle' means a vehicle designed to be
used under emergency conditions--
``(A) to transport personnel and equipment; and
``(B) to support the suppression of fires and
mitigation of other hazardous situations.
``(2) Emergency vehicle weight limit.--Notwithstanding
subsection (a), a State shall not enforce against an emergency
vehicle a vehicle weight limit (up to a maximum gross vehicle
weight of 86,000 pounds) of less than--
``(A) 24,000 pounds on a single steering axle;
``(B) 33,500 pounds on a single drive axle;
``(C) 62,000 pounds on a tandem axle; or
``(D) 52,000 pounds on a tandem rear drive steer
axle.
``(o) 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--
``(1) a vehicle that could legally operate on the segment
before the date of the designation at the posted speed limit
may continue to operate on that segment; and
``(2) a vehicle that can only travel below the posted speed
limit on the segment that could otherwise legally operate on
the segment before the date of the designation may continue to
operate on that segment during daylight hours.''.
SEC. 11204. HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY SYSTEM.
Section 1105 of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2031) is amended--
(1) in subsection (c) (105 Stat. 2032; 112 Stat. 190; 119
Stat. 1213)--
(A) 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.'';
(B) in paragraph (18)(D)--
(i) in clause (ii), by striking ``and'' at
the end;
(ii) in clause (iii), by striking the
period at the end and inserting ``; and''; and
(iii) 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.''; and
(C) by striking paragraph (68) and inserting the
following:
``(68) The Washoe County Corridor and the Intermountain
West Corridor shall generally follow:
``(A) in the case of 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) in the case of the Intermountain West
Corridor, from the vicinity of Las Vegas extending
north along United States Route 95, terminating at
Interstate Route 80.''; and
(D) 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 Central Texas Corridor commencing at the logical
terminus of Interstate 10, and generally following portions of
United States Route 190 eastward passing in the vicinity Fort
Hood, Killeen, Belton, Temple, Bryan, College Station,
Huntsville, Livingston, Woodville, and to the logical terminus
of Texas Highway 63 at the Sabine River Bridge at Burrs
Crossing.'';
(2) in subsection (e)(5)--
(A) in subparagraph (A) (109 Stat. 597; 118 Stat.
293; 119 Stat. 1213), in the first sentence--
(i) by inserting ``subsection (c)(13),''
after ``subsection (c)(9),'';
(ii) by striking ``subsections (c)(18)''
and all that follows through ``(c)(36)'' and
inserting ``subsection (c)(18), subsection
(c)(20), subparagraphs (A) and (B)(i) of
subsection (c)(26), subsection (c)(36)'' ; and
(iii) by striking ``and subsection
(c)(57)'' and inserting ``subsection (c)(57),
subsection (c)(68)(B), subsection (c)(81), and
subsection (c)(82)''; and
(B) in subparagraph (C)(i) (109 Stat. 598; 126
Stat. 427), by striking the last sentence and inserting
``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.''.
SEC. 11205. REPEAT INTOXICATED DRIVER LAW.
Section 164(a)(4) of title 23, United States Code, is amended in
the matter preceding subparagraph (A) by inserting ``or combination of
laws'' after ``means a State law''.
SEC. 11206. VEHICLE-TO-INFRASTRUCTURE EQUIPMENT.
(a) National Highway Performance Program.--Section 119(d)(2)(L) of
title 23, United States Code, is amended by inserting ``, including the
installation of interoperable vehicle-to-infrastructure communication
equipment'' after ``capital improvements''.
(b) Surface Transportation Program.--Section 133(b)(16) of title
23, United States Code, by inserting ``, including the installation of
interoperable vehicle-to-infrastructure communication equipment'' after
``capital improvements''.
SEC. 11207. RELINQUISHMENT.
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.
SEC. 11208. TRANSFER AND SALE OF TOLL CREDITS.
(a) Definitions.--In this section, the following definitions apply:
(1) Eligible state.--The term ``eligible State'' means a
State that--
(A) is eligible to use a credit under section
120(i) of title 23, United States Code; and
(B) has been selected by the Secretary under
subsection (d)(2).
(2) Recipient state.--The term ``recipient State'' means a
State that receives a credit by transfer or by sale under this
section from an eligible State.
(b) Establishment of Pilot Program.--Not later than 1 year after
the date of the establishment of a nationwide toll credit monitoring
and tracking system under subsection (g), the Secretary shall establish
and implement a toll credit marketplace pilot program in accordance
with this section.
(c) Purposes.--The purposes of the pilot program established under
subsection (b) are--
(1) to identify whether a monetary value can be assigned to
toll credits;
(2) to identify the discounted rate of toll credits for
cash;
(3) to determine if the purchase of toll credits by States
provides the purchasing State budget flexibility to deal with
funding issues, including off-system needs, transit systems
with high operating costs, or cash flow issues; and
(4) to test the feasibility of expanding the toll credit
market to allow all States to participate on a permanent basis.
(d) Selection of Eligible States.--
(1) Application to secretary.--In order to participate in
the pilot program established under subsection (b), a State
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(2) Selection.--Of the States that submit an application
under paragraph (1), the Secretary may select not more than 10
States to be designated as an eligible State.
(e) Transfer or Sale of Credits.--
(1) In general.--In carrying out the pilot program
established under subsection (b), the Secretary shall provide
that an eligible State may transfer or sell to a recipient
State a credit not used by the eligible State under section
120(i) of title 23, United States Code.
(2) Use of credits by transferee or purchaser.--A recipient
State may use a credit received under paragraph (1) toward the
non-Federal share requirement for any funds made available to
carry out title 23 or chapter 53 of title 49, United States
Code.
(3) Condition on transfer or sale of credits.--To receive a
credit under paragraph (1), a recipient State shall enter into
an agreement with the Secretary described in section 120(i) of
title 23, United States Code.
(f) Use of Proceeds From Sale of Credits.--An eligible State shall
use the proceeds from the sale of a credit under subsection (e)(1) for
any project in the eligible State that is eligible under the surface
transportation program established under section 133 of title 23,
United States Code.
(g) Toll Credit Monitoring and Tracking.--Not later than 180 days
after the enactment of this section, the Secretary shall establish a
nationwide toll credit monitoring and tracking system that functions as
a real-time database on the inventory and use of toll credits among all
States (as defined in section 101(a) of title 23, United States Code).
(h) Notification.--Not later than 30 days after the date on which a
credit is transferred or sold under subsection (e)(1), the eligible
State shall submit to the Secretary in writing a notification of the
transfer or sale.
(i) Reporting Requirements.--
(1) Initial report.--Not later than 180 days after the date
of establishment of the pilot program under subsection (b), the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on
the progress of the pilot program.
(2) State report.--
(A) Report by eligible state.--Not later than 30
days after a purchase or sale under subsection (e)(1),
an eligible State shall submit to the Secretary a
report that describes--
(i) information on the transaction;
(ii) the amount of cash received and the
value of toll credits sold;
(iii) the intended use of the cash; and
(iv) an update on the remaining toll credit
balance of the State.
(B) Report by recipient state.--Not later than 30
days after a purchase or sale under subsection (e)(1),
a recipient State shall submit to the Secretary a
report that describes--
(i) the value of toll credits purchased;
(ii) the anticipated use of the toll
credits; and
(iii) plans for maintaining maintenance of
effort for spending on Federal-aid highways
projects.
(3) Annual report.--Not later than 1 year after the date on
which the pilot program under subsection (b) is established and
each year thereafter that the pilot program is in effect, the
Secretary shall--
(A) submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that--
(i) determines whether a toll credit
marketplace is viable;
(ii) describes the buying and selling
activities of the pilot program;
(iii) describes the monetary value of toll
credits;
(iv) determines whether the pilot program
could be expanded to more States or all States;
and
(v) provides updated information on the
toll credit balance accumulated by each State;
and
(B) make the report described in subparagraph (A)
publicly available on the website of the Department.
(j) Termination.--The Secretary may terminate the program
established under this section or the participation of any State in the
program if the Secretary determines that the program is not serving a
public benefit.
SEC. 11209. REGIONAL INFRASTRUCTURE ACCELERATOR DEMONSTRATION PROGRAM.
(a) In General.--The Secretary shall establish a regional
infrastructure demonstration program (referred to in this section as
the ``program'') to assist entities in developing improved
infrastructure priorities and financing strategies for the accelerated
development of a project that is eligible for funding under the TIFIA
program under chapter 6 of title 23, United States Code.
(b) Designation of Regional Infrastructure Accelerators.--In
carrying out the program, the Secretary may designate regional
infrastructure accelerators that will--
(1) serve a defined geographic area; and
(2) act as a resource in the geographic area to qualified
entities in accordance with this section.
(c) Application.--To be eligible for a designation under subsection
(b), a proposed regional infrastructure accelerator shall submit to the
Secretary a proposal at such time, in such manner, and containing such
information as the Secretary may require.
(d) Criteria.--In evaluating a proposal submitted under subsection
(c), the Secretary shall consider--
(1) the need for geographic diversity among regional
infrastructure accelerators; and
(2) the ability of the proposal to promote investment in
covered infrastructure projects, which shall include a plan--
(A) to evaluate and promote innovative financing
methods for local projects, including the use of the
TIFIA program under chapter 6 of title 23, United
States Code;
(B) to build capacity of State, local, and tribal
governments to evaluate and structure projects
involving the investment of private capital;
(C) to provide technical assistance and information
on best practices with respect to financing the
projects;
(D) to increase transparency with respect to
infrastructure project analysis and using innovative
financing for public infrastructure projects;
(E) to deploy predevelopment capital programs
designed to facilitate the creation of a pipeline of
infrastructure projects available for investment;
(F) to bundle smaller-scale and rural projects into
larger proposals that may be more attractive for
investment; and
(G) to reduce transaction costs for public project
sponsors.
(e) Annual Report.--Not less frequently than once each year, the
Secretary shall submit to Congress a report that describes the findings
and effectiveness of the program.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the program $12,000,000, of which the
Secretary shall use--
(1) $11,750,000 for initial grants to regional
infrastructure accelerators under subsection (b); and
(2) $250,000 for administrative costs of carrying out the
program.
SEC. 11210. SONORAN CORRIDOR INTERSTATE DEVELOPMENT.
(a) Findings.--Congress finds that the designation of the Sonoran
Corridor Interstate connecting Interstate 19 to Interstate 10 south of
the Tucson International Airport as a future part of the Interstate
System would--
(1) enhance direct linkage between major trading routes
connecting growing ports, agricultural regions, infrastructure
and manufacturing centers, and existing high priority corridors
of the National Highway System; and
(2) significantly improve connectivity on the future
Interstate 11 and the CANAMEX Corridor, a route directly
linking the United States with Mexico and Canada.
(b) High Priority Corridors on National Highway System.--Section
1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991
(105 Stat. 2032; 119 Stat. 1210) (as amended by section 11204) is
amended by adding at the end the following:
``(84) State Route 410, the Sonoran Corridor connecting
Interstate 19 to Interstate 10 south of the Tucson
International Airport.''.
(c) Future Parts of Interstate System.--Section 1105(e)(5)(A) of
the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
2033; 119 Stat. 1213) (as amended by section 11204) is amended in the
first sentence by striking ``and subsection (c)(82)'' and inserting
``subsection (c)(82), and subsection (c)(84)''.
TITLE II--TRANSPORTATION INNOVATION
Subtitle A--Research
SEC. 12001. RESEARCH, TECHNOLOGY, AND EDUCATION.
(a) Highway Research and Development Program.--Section 503(b)(3) of
title 23, United States Code, is amended--
(1) in subparagraph (C)--
(A) in clause (xviii), by striking ``and'' at the
end;
(B) in clause (xix), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(xx) accelerated mobile, highway-speed,
bridge inspection methods that provide
quantitative data-driven decisionmaking
capabilities without requiring lane closures;
and
``(xxi) innovative segmental wall
technology for soil bank stabilization and
roadway sound attenuation, and articulated
technology for hydraulic sheer-resistant
erosion control.''; and
(2) in subparagraph (D)(i), by inserting ``and section
119(e)'' after ``this subparagraph''.
(b) Technology and Innovation Deployment Program.--Section 503(c)
of title 23, United States Code, is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``carry out'' and inserting ``establish and
implement'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking clause (i) and
inserting the following:
``(i) use not less than 50 percent of the
funds authorized to carry out this subsection
to make grants to, and enter into cooperative
agreements and contracts with, States, other
Federal agencies, local governments,
metropolitan planning organizations,
institutions of higher education, private
sector entities, and nonprofit organizations to
carry out demonstration programs that will
accelerate the deployment and adoption of
transportation research activities;'';
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following:
``(C) Innovation grants.--
``(i) In general.--In carrying out the
program established under subparagraph (B)(i),
the Secretary shall establish a transparent
competitive process in which entities described
in subparagraph (B)(i) may submit an
application to receive a grant under this
subsection.
``(ii) Publication of application
process.--A description of the application
process established by the Secretary shall--
``(I) be posted on a public
website;
``(II) identify the information
required to be included in the
application; and
``(III) identify the criteria by
which the Secretary shall select grant
recipients.
``(iii) Submission of application.--To
receive a grant under this paragraph, an entity
described in subparagraph (B)(i) shall submit
an application to the Secretary.
``(iv) Selection and approval.--The
Secretary shall select and approve an
application submitted under clause (iii) based
on whether the project described in the
application meets the goals of the program
described in paragraph (1).''; and
(3) in paragraph (3)(C), by striking ``each of fiscal years
2013 through 2014'' and inserting ``each fiscal year''.
(c) Conforming Amendment.--Section 505(c)(1) of title 23, United
States Code, is amended by striking ``section 503(c)(2)(C)'' and
inserting ``section 503 (c)(2)(D)''.
SEC. 12002. INTELLIGENT TRANSPORTATION SYSTEMS.
(a) Intelligent Transportation Systems Deployment.--Section 513 of
title 23, United States Code, is amended by adding at the end the
following:
``(d) System Operations and ITS Deployment Grant Program.--
``(1) Establishment.--The Secretary shall establish a
competitive grant program to accelerate the deployment,
operation, systems management, intermodal integration, and
interoperability of the ITS program and ITS-enabled operational
strategies--
``(A) to measure and improve the performance of the
surface transportation system;
``(B) to reduce traffic congestion and the economic
and environmental impacts of traffic congestion;
``(C) to minimize fatalities and injuries;
``(D) to enhance mobility of people and goods;
``(E) to improve traveler information and services;
and
``(F) to optimize existing roadway capacity.
``(2) Application.--To be eligible for a grant under this
subsection, an eligible entity shall submit an application to
the Secretary that includes--
``(A) a plan to deploy and provide for the long-
term operation and maintenance of intelligent
transportation systems to improve safety, efficiency,
system performance, and return on investment, such as--
``(i) autonomous vehicle communication
technologies;
``(ii) vehicle-to-vehicle or vehicle-to-
infrastructure communication technologies;
``(iii) real-time integrated traffic,
transit, and multimodal transportation
information;
``(iv) advanced traffic, freight, parking,
and incident management systems;
``(v) advanced technologies to improve
transit and commercial vehicle operations;
``(vi) synchronized, adaptive, and transit
preferential traffic signals;
``(vii) advanced infrastructure condition
assessment technologies; and
``(viii) other technologies to improve
system operations, including ITS applications
necessary for multimodal systems integration
and for achieving performance goals;
``(B) quantifiable system performance improvements,
including--
``(i) reductions in traffic-related
crashes, congestion, and costs;
``(ii) optimization of system efficiency;
and
``(iii) improvement of access to
transportation services;
``(C) quantifiable safety, mobility, and
environmental benefit projections, including data-
driven estimates of the manner in which the project
will improve the efficiency of the transportation
system and reduce traffic congestion in the region;
``(D) a plan for partnering with the private
sector, including telecommunications industries and
public service utilities, public agencies (including
multimodal and multijurisdictional entities), research
institutions, organizations representing transportation
and technology leaders, and other transportation
stakeholders;
``(E) a plan to leverage and optimize existing
local and regional ITS investments; and
``(F) a plan to ensure interoperability of deployed
technologies with other tolling, traffic management,
and intelligent transportation systems.
``(3) Selection.--
``(A) In general.--Effective beginning not later
than 1 year after the date of enactment of the DRIVE
Act, the Secretary may provide grants to eligible
entities under this subsection.
``(B) Geographic diversity.--In awarding a grant
under this subsection, the Secretary shall ensure, to
the maximum extent practicable, that grant recipients
represent diverse geographical areas of the United
States, including urban, suburban, and rural areas.
``(C) Non-federal share.--In awarding a grant under
the subsection, the Secretary shall give priority to
grant recipients that demonstrate an ability to
contribute a significant non-Federal share to the cost
of carrying out the project for which the grant is
received.
``(4) Eligible uses.--Projects for which grants awarded
under this subsection may be used include--
``(A) the deployment of autonomous vehicle
communication technologies;
``(B) the deployment of vehicle-to-vehicle or
vehicle-to-infrastructure communication technologies;
``(C) the establishment and implementation of ITS
and ITS-enabled operations strategies that improve
performance in the areas of--
``(i) traffic operations;
``(ii) emergency response to surface
transportation incidents;
``(iii) incident management;
``(iv) transit and commercial vehicle
operations improvements;
``(v) weather event response management by
State and local authorities;
``(vi) surface transportation network and
facility management;
``(vii) construction and work zone
management;
``(viii) traffic flow information;
``(ix) freight management; and
``(x) congestion management;
``(D) carrying out activities that support the
creation of networks that link metropolitan and rural
surface transportation systems into an integrated data
network, capable of collecting, sharing, and archiving
transportation system traffic condition and performance
information;
``(E) the implementation of intelligent
transportation systems and technologies that improve
highway safety through information and communications
systems linking vehicles, infrastructure, mobile
devices, transportation users, and emergency
responders;
``(F) the provision of services necessary to ensure
the efficient operation and management of ITS
infrastructure, including costs associated with
communications, utilities, rent, hardware, software,
labor, administrative costs, training, and technical
services;
``(G) the provision of support for the
establishment and maintenance of institutional
relationships between transportation agencies, police,
emergency medical services, private emergency
operators, freight operators, shippers, public service
utilities, and telecommunications providers;
``(H) carrying out multimodal and cross-
jurisdictional planning and deployment of regional
transportation systems operations and management
approaches; and
``(I) performing project evaluations to determine
the costs, benefits, lessons learned, and future
deployment strategies associated with the deployment of
intelligent transportation systems.
``(5) Report to secretary.--For each fiscal year that an
eligible entity receives a grant under this subsection, not
later than 1 year after receiving the grant, each recipient
shall submit to the Secretary a report that describes how the
project has met the expectations projected in the deployment
plan submitted with the application, including information on--
``(A) how the program has helped reduce traffic
crashes, congestion, costs, and other benefits of the
deployed systems;
``(B) the effect of measuring and improving
transportation system performance through the
deployment of advanced technologies;
``(C) the effectiveness of providing real-time
integrated traffic, transit, and multimodal
transportation information to the public that allows
the public to make informed travel decisions; and
``(D) lessons learned and recommendations for
future deployment strategies to optimize transportation
efficiency and multimodal system performance.
``(6) Report to congress.--Not later than 2 years after the
date on which the first grant is awarded under this subsection
and annually thereafter for each fiscal year for which grants
are awarded under this subsection, the Secretary shall submit
to Congress a report that describes the effectiveness of the
grant recipients in meeting the projected deployment plan
goals, including data on how the grant program has--
``(A) reduced traffic-related fatalities and
injuries;
``(B) reduced traffic congestion and improved
travel-time reliability;
``(C) reduced transportation-related emissions;
``(D) optimized multimodal system performance;
``(E) improved access to transportation
alternatives;
``(F) provided the public with access to real-time
integrated traffic, transit, and multimodal
transportation information to make informed travel
decisions;
``(G) provided cost savings to transportation
agencies, businesses, and the traveling public; and
``(H) provided other benefits to transportation
users and the general public.
``(7) Additional grants.--If the Secretary determines,
based on a report submitted under paragraph (5), that a grant
recipient is not complying with the established grant criteria,
the Secretary may--
``(A) cease payment to the recipient of any
remaining grant amounts; and
``(B) redistribute any remaining amounts to other
eligible entities under this section.
``(8) Non-federal share.--The Federal share of the cost of
a project for which a grant is provided under this subsection
shall not exceed 50 percent of the cost of the project.
``(9) Funding.--Of the funds made available each fiscal
year to carry out the intelligent transportation system program
under sections 512 through 518, not less than $30,000,000 shall
be used to carry out this subsection.''.
(b) Intelligent Transportation Systems Goals and Purposes.--Section
514(a) of title 23, United States Code, is amended--
(1) in paragraph (4), by striking ``and'' at the end; and
(2) by striking paragraph (5) and inserting the following:
``(5) improvement of the ability of the United States to
respond to security-related or other manmade emergencies and
natural disasters; and
``(6) enhancement of the freight system of the United
States and support to freight policy goals by conducting heavy
duty vehicle demonstration activities and accelerating adoption
of ITS applications in freight operations.''.
(c) ITS Advisory Committee Report.--Section 515(h)(4) of title 23,
United States Code, is amended in the matter preceding subparagraph (A)
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''.
SEC. 12003. FUTURE INTERSTATE STUDY.
(a) Findings.--Congress finds that--
(1) a well-developed system of transportation
infrastructure is critical to the economic well-being, health,
and welfare of the people of the United States;
(2) the 47,000-mile national Interstate System is the
backbone to that transportation infrastructure system; and
(3) as of the date of enactment of this Act--
(A) many segments of the approximately 60-year-old
Interstate System are well beyond the 50-year design
life of the System and yet these aging facilities are
central to the transportation infrastructure system,
carrying 25 percent of the vehicle traffic of the
United States on just 1 percent of the total public
roadway mileage;
(B) the need for ongoing maintenance, preservation,
and reconstruction of the Interstate System has grown
due to increasing and changing travel demands; and
(C) simple maintenance of the current condition and
configuration of the Interstate System is insufficient
for the System to fully serve the transportation needs
of the United States for the next 50 years.
(b) 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 network that meets the
growing and shifting demands of the 21st century and for the next 50
years (referred to in this section as the ``study'').
(c) 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 entitled ``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'' and dated December 2013.
(d) Recommendations.--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 to achieve the goals; and
(2) is encouraged to build on the robust institutional
knowledge in the highway industry in applying the techniques
involved in implementing the study.
(e) 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 next 50 years, including long-term deterioration and
reconstruction needs;
(3) those National Highway System routes that should be
added to the existing Interstate System to more efficiently
serve national traffic flows;
(4) 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
(5) the resources necessary to maintain and improve the
Interstate System, including the resources required to upgrade
those National Highway System routes identified in paragraph
(3) to Interstate standards.
(f) Consultation.--In carrying out the study, the Transportation
Research Board--
(1) shall convene and consult with a panel of national
experts including current and future owners, 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.
(g) Report.--Not later than 3 years after the date of enactment of
this Act, the Transportation Research Board shall submit to the
Secretary, the Committee on Environment and Public Works of the Senate,
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the results of the study conducted under
this section.
(h) Funding.--From amounts authorized to carry out the Highway
Research and Development Program, the Secretary shall use up to
$5,000,000 for fiscal year 2016 to carry out this section.
SEC. 12004. RESEARCHING SURFACE TRANSPORTATION SYSTEM FUNDING
ALTERNATIVES.
(a) In General.--The Secretary shall promote the research of user-
based alternative revenue mechanisms that preserve a user fee structure
to maintain the long-term solvency of the Highway Trust Fund.
(b) Objectives.--The objectives of the research described in
subsection (a) shall be--
(1) to study uncertainties relating to the design,
acceptance, and implementation of 2 or more future user-based
alternative revenue mechanisms;
(2) to define the functionality of those user-based
alternative revenue mechanisms;
(3) to conduct or promote research activities to
demonstrate and test those user-based alternative revenue
mechanisms, including by conducting field trials, by partnering
with individual States, groups of States, or other appropriate
entities to conduct the research activities;
(4) to conduct outreach to increase public awareness
regarding the need for alternative funding sources for surface
transportation programs and provide information on possible
approaches;
(5) to provide recommendations regarding adoption and
implementation of those user-based alternative revenue
mechanisms; and
(6) to minimize the administrative cost of any potential
user-based alternative revenue mechanisms.
(c) Grants.--The Secretary shall provide grants to individual
States, groups of States, or other appropriate entities to conduct
research that addresses--
(1) the implementation, interoperability, public
acceptance, and other potential hurdles to the adoption of a
user-based alternative revenue mechanism;
(2) the protection of personal privacy;
(3) the use of independent and private third-party vendors
to collect fees and operate the user-based alternative revenue
mechanism;
(4) 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;
(5) ease of compliance for different users of the
transportation system;
(6) the reliability and security of technology used to
implement the user-based alternative revenue mechanism;
(7) the flexibility and choices of user-based alternative
revenue mechanisms, including the ability of users to select
from various technology and payment options;
(8) the cost of administering the user-based alternative
revenue mechanism; and
(9) the ability of the administering entity to audit and
enforce user compliance.
(d) Advisory Council.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of the Treasury, shall establish and lead a Surface
Transportation Revenue Alternatives Advisory Council (referred
to in this subsection as the ``Council'') to inform the
selection and evaluation of user-based alternative revenue
mechanisms.
(2) Membership.--
(A) In general.--The members of the Council shall--
(i) be appointed by the Secretary; and
(ii) include, at a minimum--
(I) representatives with experience
in user-based alternative revenue
mechanisms, of which--
(aa) not fewer than 1 shall
be from the Department;
(bb) not fewer than 1 shall
be from the Department of the
Treasury; and
(cc) not fewer than 2 shall
be from State departments of
transportation;
(II) representatives from
applicable users of the surface
transportation system; and
(III) appropriate technology and
public privacy experts.
(B) Geographic considerations.--The Secretary shall
consider geographic diversity when selecting members
under this paragraph.
(3) Functions.--Not later than 1 year after the date on
which the Council is established, the Council shall, at a
minimum--
(A) define the functionality of 2 or more user-
based alternative revenue mechanisms;
(B) identify technological, administrative,
institutional, privacy, and other issues that--
(i) are associated with the user-based
alternative revenue mechanisms; and
(ii) may be researched through research
activities;
(C) conduct public outreach to identify and assess
questions and concerns about the user-based alternative
revenue mechanisms for future evaluation through
research activities; and
(D) provide recommendations to the Secretary on the
process and criteria used for selecting research
activities under subsection (c).
(4) Evaluations.--The Council shall conduct periodic
evaluations of the research activities that have received
assistance from the Secretary under this section.
(5) Applicability of federal advisory committee act.--The
Council shall not be subject to the Federal Advisory Committee
Act (5 U.S.C. App.).
(e) 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 research activities under this section, the Secretary
shall submit to the Secretary of the Treasury, the Committee on Finance
and the Committee on Environment and Public Works of the Senate, and
the Committee on Ways and Means and the Committee on Transportation and
Infrastructure of the House of Representatives a report describing the
progress of the research activities.
(f) Final Report.--On the completion of the research activities
under this section, the Secretary and the Secretary of the Treasury,
acting jointly, shall submit to the Committee on Finance and the
Committee on Environment and Public Works of the Senate and the
Committee on Ways and Means and the Committee on Transportation and
Infrastructure of the House of Representatives a report describing the
results of the research activities and any recommendations.
(g) 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 in
fiscal year 2016; and
(2) $20,000,000 shall be used to carry out this section in
each of fiscal years 2017 through 2021.
Subtitle B--Data
SEC. 12101. TRIBAL DATA COLLECTION.
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 end 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 Interior, based
on obligations and expenditures under the tribal
transportation program during the preceding fiscal
year, the following data:
``(i) The names of projects or activities
carried out by the entity under the tribal
transportation program during the preceding
fiscal year.
``(ii) A description of the projects or
activities identified under clause (i).
``(iii) The current status of the projects
or activities identified under clause (i).
``(iv) An estimate of the number of jobs
created and the number of jobs retained by the
projects or activities identified under clause
(i).''.
SEC. 12102. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.
(a) Performance Management Data Support.--The Administrator of the
Federal Highway Administration shall develop, use, and maintain data
sets and data analysis tools to assist metropolitan planning
organizations, States, and the Federal Highway Administration in
carrying out performance management analyses (including the performance
management requirements under section 150 of title 23, United States
Code).
(b) Inclusions.--The data analysis activities authorized under
subsection (a) may include--
(1) collecting and distributing vehicle probe data
describing traffic on Federal-aid highways;
(2) collecting household travel behavior data to assess
local and cross-jurisdictional travel, including to accommodate
external and through travel;
(3) enhancing existing data collection and analysis tools
to accommodate performance measures, targets, and related data,
so as to better understand trip origin and destination, trip
time, and mode;
(4) enhancing existing data analysis tools to improve
performance predictions and travel models in reports described
in section 150(e) of title 23, United States Code; and
(5) developing tools--
(A) to improve performance analysis; and
(B) to evaluate the effects of project investments
on performance.
(c) Funding.--From amounts authorized to carry out the Highway
Research and Development Program, the Administrator may use up to
$10,000,000 for each of fiscal years 2016 through 2021 to carry out
this section.
Subtitle C--Transparency and Best Practices
SEC. 12201. EVERY DAY COUNTS INITIATIVE.
(a) In General.--It is in the national interest for the Department,
State departments of transportation, and all other recipients of
Federal transportation funds--
(1) to identify, accelerate, and deploy innovation aimed at
shortening project delivery, enhancing the safety of the
roadways of the United States, and protecting the environment;
(2) to ensure that the planning, design, engineering,
construction, and financing of transportation projects is done
in an efficient and effective manner;
(3) to promote the rapid deployment of proven solutions
that provide greater accountability for public investments and
encourage greater private sector involvement; and
(4) to create a culture of innovation within the highway
community.
(b) Every Day Counts Initiative.--To advance the policy described
in subsection (a), the Administrator of the Federal Highway
Administration (referred to in this section as the ``Administrator'')
shall continue the Every Day Counts initiative to work with States,
local transportation agencies, and industry stakeholders to identify
and deploy proven innovative practices and products that--
(1) accelerate innovation deployment;
(2) shorten the project delivery process;
(3) improve environmental sustainability;
(4) enhance roadway safety; and
(5) reduce congestion.
(c) Innovation Deployment.--
(1) In general.--At least every 2 years, the Administrator
shall work collaboratively with stakeholders to identify a new
collection of innovations, best practices, and data to be
deployed to highway stakeholders through case studies,
webinars, and demonstration projects.
(2) Requirements.--In identifying a collection described in
paragraph (1), the Secretary shall take into account market
readiness, impacts, benefits, and ease of adoption of the
innovation or practice.
(d) Publication.--Each collection identified under subsection (c)
shall be published by the Administrator on a publicly available
website.
SEC. 12202. DEPARTMENT OF TRANSPORTATION PERFORMANCE MEASURES.
(a) Performance Measures.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in coordination with the heads of
other Federal agencies with responsibility for the review and approval
of projects funded under title 23, United States Code, shall measure
and report on--
(1) the progress made toward aligning Federal reviews of
projects funded under title 23, United States Code, and the
improvement of project delivery associated with those projects;
and
(2) as applicable, the effectiveness of the Department in
achieving the goals described in section 150(b) of title 23,
United States Code, through discretionary programs.
(b) Report.--Not later than 2 years after the date of enactment of
this Act and biennially thereafter, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report describing the results of the evaluation
conducted under subsection (a).
(c) Inspector General Report.--Not later than 3 years after the
date of enactment of this Act, the Inspector General of the Department
shall submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report describing the results of the
evaluation conducted under subsection (a).
SEC. 12203. GRANT PROGRAM FOR ACHIEVEMENT IN TRANSPORTATION FOR
PERFORMANCE AND INNOVATION.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity''
includes--
(A) a State;
(B) a unit of local government;
(C) a tribal organization (as defined in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)); and
(D) a metropolitan planning organization.
(2) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory (as defined in section
165(c)(1) of title 23, United States Code).
(b) Establishment of Program.--The Secretary shall establish a
competitive grant program to reward--
(1) achievement in transportation performance management;
and
(2) the implementation of strategies that achieve
innovation and efficiency in surface transportation.
(c) Purpose.--The purpose of the program under this section shall
be to reward entities for the implementation of policies and procedures
that--
(1) support performance-based management of the surface
transportation system and improve transportation outcomes; or
(2) use innovative technologies and practices that improve
the efficiency and performance of the surface transportation
system.
(d) Application.--
(1) In general.--An eligible entity may submit to the
Secretary an application for a grant under this section.
(2) Contents.--An application under paragraph (1) shall
indicate the means by which the eligible entity has met the
requirements and purpose of the program under this section,
including by--
(A) establishing, and making progress toward
achieving, performance targets that exceed the
requirements of title 23, United States Code;
(B) using innovative techniques and practices that
enhance the effective movement of people, goods, and
services, such as technologies that reduce construction
time, improve operational efficiencies, and extend the
service life of highways and bridges; and
(C) employing transportation planning tools and
procedures that improve transparency and the
development of transportation investment strategies
within the jurisdiction of the eligible entity.
(e) Evaluation Criteria.--In awarding a grant under this section,
the Secretary shall take into consideration the extent to which the
application of the applicable eligible entity under subsection (d)--
(1) demonstrates performance in meeting the requirements of
subsection (c); and
(2) promotes the national goals described in section 150(b)
of title 23, United States Code.
(f) Eligible Activities.--Amounts made available to carry out this
section shall be used for projects eligible for funding under--
(1) title 23, United States Code; or
(2) chapter 53 of title 49, United States Code.
(g) Limitation.--The amount of a grant under this section shall be
not more than $15,000,000.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated out
of the general fund of the Treasury to carry out this section
$150,000,000 for each of fiscal years 2016 through 2021, to
remain available until expended.
(2) Administrative costs.--The Secretary shall withhold a
reasonable amount of funds made available under paragraph (1)
for administration of the program under this section, not to
exceed 3 percent of the amount appropriated for each applicable
fiscal year.
(i) Applicability of Requirements.--Amounts made available under
this section shall be administered as if the funds were apportioned
under chapter 1 of title 23, United States Code.
SEC. 12204. 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 Report.--
``(1) Publicly available report.--Not later than 180 days
after the date of enactment of the DRIVE Act and quarterly
thereafter, the Secretary shall compile data in accordance with
this subsection on the use of Federal-aid highway program 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 website of the Department of
Transportation and can be searched and downloaded by users of
the website.
``(3) Contents of report.--
``(A) Apportioned and allocated programs.--For each
fiscal year, the report shall include comprehensive
data for each program, organized by State, that
includes--
``(i) the total amount of funds available
for obligation, identifying the unobligated
balance of funds available at the end of the
preceding fiscal year and new funding available
for the current fiscal year;
``(ii) the total amount of funding
obligated during the current fiscal year;
``(iii) the remaining amount of funds
available for obligation;
``(iv) changes in the obligated, unexpended
balance during the current fiscal year,
including the obligated, unexpended balance at
the end of the preceding fiscal year and
current fiscal year expenditures; and
``(v) the percentage of the total amount of
obligations for the current fiscal year used
for construction and the total amount obligated
during the current fiscal year for
rehabilitation.
``(B) Project data.--To the maximum extent
practicable, the report shall include project-specific
data, including data describing--
``(i) the specific location of a project;
``(ii) whether the project is located in an
area of the State with a population of--
``(I) less than 5,000 individuals;
``(II) 5,000 or more individuals
but less than 50,000 individuals; or
``(III) 50,000 or more individuals;
``(iii) the total cost of the project;
``(iv) the amount of Federal funding being
used on the project;
``(v) the 1 or more programs from which
Federal funds are obligated on the project;
``(vi) the type of improvement being made,
such as categorizing the project as--
``(I) a road reconstruction
project;
``(II) a new road construction
project;
``(III) a new bridge construction
project;
``(IV) a bridge rehabilitation
project; or
``(V) a bridge replacement project;
and
``(vii) the ownership of the highway or
bridge.
``(C) Transfers between programs.--The report shall
include a description of the amount of funds
transferred between programs by each State under
section 126.''.
(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. 12205. REPORT ON HIGHWAY TRUST FUND ADMINISTRATIVE EXPENDITURES.
(a) Initial Report.--Not later than 150 days after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report describing the administrative
expenses of the Federal Highway Administration funded from the Highway
Trust Fund during the 3 most recent fiscal years.
(b) Updates.--Not later than 5 years after the date on which the
report is submitted under subsection (a) and every 5 years thereafter,
the Comptroller General shall submit to Congress a report that updates
the information provided in the report under that subsection for the
preceding 5-year period.
(c) Inclusions.--Each report submitted under subsection (a) or (b)
shall include a description of the--
(1) types of administrative expenses of programs and
offices funded by the Highway Trust Fund;
(2) tracking and monitoring of administrative expenses;
(3) controls in place to ensure that funding for
administrative expenses is used as efficiently as practicable;
and
(4) flexibility of the Department to reallocate amounts
from the Highway Trust Fund between full-time equivalent
employees and other functions.
SEC. 12206. AVAILABILITY OF REPORTS.
(a) In General.--The Secretary shall make available to the public
on the website of the Department any report required to be submitted by
the Secretary to Congress after the date of enactment of this Act.
(b) Deadline.--Each report described in subsection (a) shall be
made available on the website not later than 30 days after the report
is submitted to Congress.
SEC. 12207. PERFORMANCE PERIOD ADJUSTMENT.
(a) National Highway Performance Program.--Section 119 of title 23,
United States Code, is amended--
(1) in subsection (e)(7), by striking ``for 2 consecutive
reports submitted under this paragraph shall include in the
next report submitted'' and inserting ``shall include as part
of the performance target report under section 150(e)''; and
(2) in subsection (f)(1)(A), by striking ``If, during 2
consecutive reporting periods, the condition of the Interstate
System, excluding bridges on the Interstate System, in a State
falls'' and inserting ``If a State reports that the condition
of the Interstate System, excluding bridges on the Interstate
System, has fallen''.
(b) Highway Safety Improvement Program.--Section 148(i) of title
23, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``performance targets of the State established under section
150(d) by the date that is 2 years after the date of the
establishment of the performance targets'' and inserting
``safety performance targets of the State established under
section 150(d)''; and
(2) in paragraphs (1) and (2), by inserting ``safety''
before ``performance targets'' each place it appears.
SEC. 12208. DESIGN STANDARDS.
(a) In General.--Section 109 of title 23, United States Code, is
amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``may take into account'' and
inserting ``shall consider''; and
(ii) in subparagraph (C), by striking
``access for'' and inserting ``access and
safety for''; 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'';
(2) in subsection (f), by inserting ``pedestrian
walkways,'' after ``bikeways,''; and
(3) by adding at the end the following:
``(s) Safety for Motorized and Nonmotorized Users.--
``(1) In general.--Not later than 2 years after the date of
the enactment of this subsection, the Secretary shall establish
standards to ensure that the design of Federal surface
transportation projects provides for the safe and adequate
accommodation (as determined by the State or other direct
recipient of funds), in all phases of project planning,
development, and operation, of all users of the transportation
network, including motorized and nonmotorized users.
``(2) Waiver for state law or policy.--The Secretary may
waive the application of standards established under paragraph
(1) to a State that has adopted a law or policy that provides
for the safe and adequate accommodation (as determined by the
State or other direct recipient of funds), in all phases of
project planning and development, of users of the
transportation network on federally funded surface
transportation projects.
``(3) Compliance.--
``(A) In general.--Each State department of
transportation shall submit a report to the Secretary,
at such time, in such manner, and containing such
information as the Secretary shall require, that
describes measures implemented by the State to comply
with this subsection.
``(B) Determination by secretary.--Upon the receipt
of a report from a State under subparagraph (A), the
Secretary shall determine whether the State is in
compliance with this section.''.
(b) Design Standard Flexibility.--Notwithstanding section 109(o) of
title 23, United States Code, a local jurisdiction may use a roadway
design guide that is different from the roadway design guide used by
the State in which the local jurisdiction is located for the design of
projects on all roadways under the ownership of the local jurisdiction
(other than a highway on the Interstate System) if--
(1) the local jurisdiction is the project sponsor;
(2) the roadway design guide--
(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.
TITLE III--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF
1998 AMENDMENTS
SEC. 13001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF
1998 AMENDMENTS.
(a) Definitions.--Section 601(a) of title 23, United States Code,
is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``In this chapter, the'' and
inserting ``The''; and
(B) by inserting ``to sections 601 through 609''
after ``apply'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(D) capitalizing a rural projects fund using the
proceeds of a secured loan made to a State
infrastructure bank in accordance with sections 602 and
603, for the purpose of making loans to sponsors of
rural infrastructure projects in accordance with
section 610.'';
(3) in paragraph (3), by striking ``this chapter'' and
inserting ``the TIFIA program'';
(4) in paragraph (10)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``related'' before
``projects''; and
(ii) by striking ``(which shall receive an
investment grade rating from a rating
agency)'';
(B) in subparagraph (A), by striking ``subject to
the availability of future funds being made available
to carry out this chapter;'' and inserting ``subject
to--
``(i) the availability of future funds
being made available to carry out the TIFIA
program; and
``(ii) the satisfaction of all of the
conditions for the provision of credit
assistance under the TIFIA program, including
section 603(b)(1);''; and
(C) in subparagraph (D)--
(i) by redesignating clauses (ii) and (iii)
as clauses (iii) and (iv), respectively;
(ii) by inserting after clause (i) the
following:
``(ii) receiving an investment grade rating
from a rating agency;'';
(iii) in clause (iii) (as so redesignated),
by striking ``section 602(c)'' and inserting
``including sections 602(c) and 603(b)(1)'';
and
(iv) in clause (iv) (as so redesignated),
by striking ``this chapter'' and inserting
``the TIFIA program'';
(5) in paragraph (12)--
(A) in subparagraph (D)(iv), by striking the period
at the end and inserting ``; and''; and
(B) by adding at the end the following:
``(E) a project to improve or construct public
infrastructure that is located within walking distance
of, and accessible to, a fixed guideway transit
facility, passenger rail station, intercity bus
station, or intermodal facility, including a
transportation, public utility, and capital project
described in section 5302(3)(G)(v) of title 49, and
related infrastructure;
``(F) a project for the acquisition of plant and
wildlife habitat pursuant to a conservation plan that--
``(i) has been approved by the Secretary of
the Interior pursuant to section 10 of the
Endangered Species Act of 1973 (16 U.S.C.
1539); and
``(ii) as determined by the Secretary of
the Interior, would mitigate the environmental
impacts of transportation infrastructure
projects otherwise eligible for assistance
under the TIFIA program; and
``(G) the capitalization of a rural projects fund
by a State infrastructure bank with the proceeds of a
secured loan made in accordance with sections 602 and
603, for the purpose of making loans to sponsors of
rural infrastructure projects in accordance with
section 610.'';
(6) in paragraph (15), by striking ``means'' and all that
follows through the period at the end and inserting ``means a
surface transportation infrastructure project located in an
area that is outside of an urbanized area with a population
greater than 150,000 individuals, as determined by the Bureau
of the Census.'';
(7) by redesignating paragraphs (16), (17), (18), (19), and
(20) as paragraphs (17), (18), (20), (21), and (22),
respectively;
(8) by inserting after paragraph (15) the following:
``(16) Rural projects fund.--The term `rural projects fund'
means a fund--
``(A) established by a State infrastructure bank in
accordance with section 610(d)(4);
``(B) capitalized with the proceeds of a secured
loan made to the bank in accordance with sections 602
and 603; and
``(C) for the purpose of making loans to sponsors
of rural infrastructure projects in accordance with
section 610.'';
(9) by inserting after paragraph (18) (as redesignated) the
following:
``(19) State infrastructure bank.--The term `State
infrastructure bank' means an infrastructure bank established
under section 610.''; and
(10) in paragraph (22) (as redesignated), by inserting
``established under sections 602 through 609'' after
``Department''.
(b) Determination of Eligibility and Project Selection.--Section
602 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``this chapter'' and
inserting ``the TIFIA program'';
(B) in paragraph (2)(A), by striking ``this
chapter'' and inserting ``the TIFIA program'';
(C) in paragraph (3), by striking ``this chapter''
and inserting ``the TIFIA program'';
(D) in paragraph (5)--
(i) by striking the heading and inserting
``Eligible project cost parameters.--'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``subparagraph (B), to
be eligible for assistance under this
chapter, a project'' and inserting
``subparagraphs (B) and (C), a project
under the TIFIA program'';
(II) by striking clause (i) and
inserting the following:
``(i) $50,000,000; and''; and
(III) in clause (ii), by striking
``assistance''; and
(iii) in subparagraph (B)--
(I) by striking the subparagraph
designation and heading and all that
follows through ``In the case'' and
inserting the following:
``(B) Exceptions.--
``(i) Intelligent transportation systems.--
In the case''; and
(II) by adding at the end the
following:
``(ii) Transit-oriented development
projects.--In the case of a project described
in section 601(a)(12)(E), eligible project
costs shall be reasonably anticipated to equal
or exceed $10,000,000.
``(iii) Rural projects.--In the case of a
rural infrastructure project or a project
capitalizing a rural projects fund, eligible
project costs shall be reasonably anticipated
to equal or exceed $10,000,000, but not to
exceed $100,000,000.
``(iv) Local infrastructure projects.--
Eligible project costs shall be reasonably
anticipated to equal or exceed $10,000,000 in
the case of projects or programs 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.'';
(E) in paragraph (9), in the matter preceding
subparagraph (A), by striking ``this chapter'' and
inserting ``the TIFIA program''; and
(F) in paragraph (10)--
(i) by striking ``To be eligible'' and
inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), to be eligible'';
(ii) by striking ``this chapter'' each
place it appears and inserting ``the TIFIA
program'';
(iii) by striking ``not later than'' and
inserting ``no later than''; and
(iv) by adding at the end the following:
``(B) Rural projects fund.--In the case of a
project capitalizing a rural projects fund, the State
infrastructure bank shall demonstrate, not later than 2
years after the date on which a secured loan is
obligated for the project under the TIFIA program, that
the bank has executed a loan agreement with a borrower
for a rural infrastructure project in accordance with
section 610. After the demonstration is made, the bank
may draw upon the secured loan. At the end of the 2-
year period, to the extent the bank has not used the
loan commitment, the Secretary may extend the term of
the loan or withdraw the loan commitment.'';
(2) in subsection (b), by striking paragraph (2) and
inserting the following:
``(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
for 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 for which additional
funds are available to receive credit assistance.'';
(3) in subsection (c)(1), in the matter preceding
subparagraph (A), by striking ``this chapter'' and inserting
``the TIFIA program''; and
(4) in subsection (e), by striking ``this chapter'' and
inserting ``the TIFIA program''.
(c) Secured Loan Terms and Limitations.--Section 603(b) of title
23, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``The amount of'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), the amount of''; and
(B) by adding at the end the following:
``(B) Rural projects fund.--In the case of a
project capitalizing a rural projects fund, the maximum
amount of a secured loan made to a State infrastructure
bank shall be determined in accordance with section
602(a)(5)(B)(iii).'';
(2) in paragraph (3)(A)(i)--
(A) in subclause (III), by striking ``or'' at the
end;
(B) in subclause (IV), by striking ``and'' at the
end and inserting ``or''; and
(C) by adding at the end the following:
``(V) in the case of a secured loan
for a project capitalizing a rural
projects fund, any other dedicated
revenue sources available to a State
infrastructure bank, including
repayments from loans made by the bank
for rural infrastructure projects;
and'';
(3) in paragraph (4)(B)--
(A) in clause (i), by striking ``under this
chapter'' and inserting ``or a rural projects fund
under the TIFIA program''; and
(B) in clause (ii), by inserting ``and rural
project funds'' after ``rural infrastructure
projects'';
(4) in paragraph (5)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and indenting
appropriately;
(B) in the matter preceding subparagraph (A), by
striking ``The final'' and inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), the final''; and
(C) by adding at the end the following:
``(B) Rural projects fund.--In the case of a
project capitalizing a rural projects fund, the final
maturity date of the secured loan shall not exceed 35
years after the date on which the secured loan is
obligated.'';
(5) in paragraph (8), by striking ``this chapter'' and
inserting ``the TIFIA program''; and
(6) in paragraph (9)--
(A) by striking ``The total Federal assistance
provided on a project receiving a loan under this
chapter'' and inserting the following:
``(A) In general.--The total Federal assistance
provided for a project receiving a loan under the TIFIA
program''; and
(B) by adding at the end the following:
``(B) Rural projects fund.--A project capitalizing
a rural projects fund shall satisfy clause (i) through
compliance with the Federal share requirement described
in section 610(e)(3)(B).''.
(d) Program Administration.--Section 605 of title 23, United States
Code, is amended--
(1) by striking ``this chapter'' each place it appears and
inserting ``the TIFIA program''; and
(2) by adding at the end the following:
``(f) Assistance to Small Projects.--
``(1) Reservation of funds.--Of the funds made available to
carry out the TIFIA program for each fiscal year, and after the
set-aside under section 608(a)(6), not less than $2,000,000
shall be made available for the Secretary to use in lieu of
fees collected under subsection (b) for projects under the
TIFIA program having eligible project costs that are reasonably
anticipated not to equal or exceed $75,000,000.
``(2) Release of funds.--Any funds not used under paragraph
(1) shall be made available on October 1 of the following
fiscal year to provide credit assistance to any project under
the TIFIA program.''.
(e) State and Local Permits.--Section 606 of title 23, United
States Code, is amended in the matter preceding paragraph (1) by
striking ``this chapter'' and inserting ``the TIFIA program''.
(f) Regulations.--Section 607 of title 23, United States Code, is
amended by striking ``this chapter'' and inserting ``the TIFIA
program''.
(g) Funding.--Section 608 of title 23, United States Code, is
amended--
(1) by striking ``this chapter'' each place it appears and
inserting ``the TIFIA program''; and
(2) in subsection (a)--
(A) in paragraph (2), by inserting ``of'' after
``504(f)'';
(B) in paragraph (3)--
(i) in subparagraph (A), by inserting ``or
rural projects funds'' after ``rural
infrastructure projects''; and
(ii) in subparagraph (B), by inserting ``or
rural projects funds'' after ``rural
infrastructure projects'';
(C) by striking paragraph (4) and redesignating
paragraphs (5) and (6) as paragraphs (4) and (5),
respectively; and
(D) in paragraph (5) (as so redesignated), by
striking ``0.50 percent'' and inserting ``1.5
percent''.
(h) Reports to Congress.--Section 609 of title 23, United States
Code, is amended by striking ``this chapter (other than section 610)''
each place it appears and inserting ``the TIFIA program''.
(i) State Infrastructure Bank Program.--Section 610 of title 23,
United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(11) Rural infrastructure project.--The term `rural
infrastructure project' has the meaning given the term in
section 601.
``(12) Rural projects fund.--The term `rural projects fund'
has the meaning given the term in section 601.'';
(2) in subsection (d)--
(A) in paragraph (1)(A), by striking ``each of
fiscal years'' and all that follows through the end of
subparagraph (A) and inserting ``each fiscal year under
each of paragraphs (1), (2), and (5) of section 104(b);
and'';
(B) in paragraph (2), by striking ``in each of
fiscal years 2005 through 2009'' and inserting ``in
each fiscal year'';
(C) in paragraph (3), by striking ``in each of
fiscal years 2005 through 2009'' and inserting ``in
each fiscal year'';
(D) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(E) by inserting after paragraph (3) the following:
``(4) Rural projects fund.--Subject to subsection (j), the
Secretary may permit a State entering into a cooperative
agreement under this section to establish a State
infrastructure bank to deposit into the rural projects fund of
the bank the proceeds of a secured loan made to the bank in
accordance with section 602 and 603.''; and
(F) in paragraph (6) (as redesignated), by striking
``section 133(d)(3)'' and inserting ``section
133(d)(1)(A)(i)'';
(3) by striking subsection (e) and inserting the following:
``(e) Forms of Assistance From State Infrastructure Banks.--
``(1) In general.--A State infrastructure bank established
under this section may--
``(A) with funds deposited into the highway
account, transit account, or rail account of the bank,
make loans or provide other forms of credit assistance
to a public or private entity to carry out a project
eligible for assistance under this section; and
``(B) with funds deposited into the rural projects
fund, make loans to a public or private entity to carry
out a rural infrastructure project.
``(2) Subordination of loan.--The amount of a loan or other
form of credit assistance provided for a project described in
paragraph (1) may be subordinated to any other debt financing
for the project.
``(3) Maximum amount of assistance.--A State infrastructure
bank established under this section may--
``(A) with funds deposited into the highway
account, transit account, or rail account, make loans
or provide other forms of credit assistance to a public
or private entity in an amount up to 100 percent of the
cost of carrying out a project eligible for assistance
under this section; and
``(B) with funds deposited into the rural projects
fund, make loans to a public or private entity in an
amount not to exceed 80 percent of the cost of carrying
out a rural infrastructure project.
``(4) Initial assistance.--Initial assistance provided with
respect to a project from Federal funds deposited into a State
infrastructure bank under this section may not be made in the
form of a grant.'';
(4) in subsection (g)--
(A) in paragraph (1), by striking ``each account''
and inserting ``the highway account, the transit
account, and the rail account''; and
(B) in paragraph (4), by inserting ``, except that
any loan funded from the rural projects fund of the
bank shall bear interest at or below the interest rate
charged for the TIFIA loan provided to the bank under
section 603'' after ``feasible''; and
(5) in subsection (k), by striking ``For each of fiscal
years 2005 through 2009'' and inserting ``For each fiscal
year''.
TITLE IV--TECHNICAL CORRECTIONS
SEC. 14001. TECHNICAL CORRECTIONS.
(a) Section 101(a)(29) of title 23, United States Code, is
amended--
(1) in subparagraph (B), by inserting a comma after
``disabilities''; and
(2) in subparagraph (F)(i), by striking ``133(b)(11)'' and
inserting ``133(b)(14)''.
(b) Section 119(d)(1)(A) of title 23, United States Code, is
amended by striking ``mobility,'' and inserting ``congestion reduction,
system reliability,''.
(c) Section 126(b) of title 23, United States Code (as amended by
section 11014(b)), is amended by striking ``133(d)'' and inserting
``133(d)(1)(A)''.
(d) Section 127(a)(3) of title 23, United States Code, is amended
by striking ``118(b)(2) of this title'' and inserting ``118(b)''.
(e) Section 150(c)(3)(B) of title 23, United States Code, is
amended by striking the semicolon at the end and inserting a period.
(f) Section 153(h)(2) of title 23, United States Code, is amended
by striking ``paragraphs (1) through (3)'' and inserting ``paragraphs
(1), (2), and (4)''.
(g) Section 163(f)(2) of title 23, United States Code, is amended
by striking ``118(b)(2)'' and inserting ``118(b)''.
(h) Section 165(c)(7) of title 23, United States Code, is amended
by striking ``paragraphs (2), (4), (7), (8), (14), and (19)'' and
inserting ``paragraphs (2), (4), (6), (7), and (14)''.
(i) Section 202(b)(3) of title 23, United States Code, is amended--
(1) in subparagraph (A)(i), in the matter preceding
subclause (I), by inserting ``(a)(6),'' after ``subsections'';
and
(2) in subparagraph (C)(ii)(IV), by striking ``(III).]''
and inserting ``(III).''.
(j) Section 217(a) of title 23, United States Code, is amended by
striking ``104(b)(3)'' and inserting ``104(b)(4)''.
(k) Section 327(a)(2)(B)(iii) of title 23, United States Code, is
amended by striking ``(42 U.S.C. 13 4321 et seq.)'' and inserting ``(42
U.S.C. 4321 et seq.)''.
(l) Section 504(a)(4) of title 23, United States Code, is amended
by striking ``104(b)(3)'' and inserting ``104(b)(2)''.
(m) Section 515 of title 23, United States Code, is amended by
striking ``this chapter'' each place it appears and inserting
``sections 512 through 518''.
(n) Section 518(a) of title 23, United States Code, is amended by
inserting ``a report'' after ``House of Representatives''.
(o) Section 6302(b)(3)(B)(vi)(III) of title 49, United States Code,
is amended by striking ``6310'' and inserting ``6309''.
(p) Section 1301(l)(3) of SAFETEA-LU (23 U.S.C. 101 note; Public
Law 109-59) is amended--
(1) in subparagraph (A)(i), by striking ``complied'' and
inserting ``compiled''; and
(2) in subparagraph (B), by striking ``paragraph (1)'' and
inserting ``subparagraph (A)''.
(q) Section 4407 of SAFETEA-LU (Public Law 109-59; 119 Stat. 1777),
is amended by striking ``hereby enacted into law'' and inserting
``granted''.
(r) Section 51001(a)(1) of the Transportation Research and
Innovative Technology Act of 2012 (126 Stat. 864) is amended by
striking ``sections 503(b), 503(d), and 509'' and inserting ``section
503(b)''.
TITLE V--MISCELLANEOUS
SEC. 15001. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
Section 1528 of MAP-21 (40 U.S.C. 14501 note; Public Law 112-141)
is amended--
(1) by striking ``2021'' each place it appears and
inserting ``2050''; and
(2) by striking ``shall be 100 percent'' each place it
appears and inserting ``shall be up to 100 percent, as
determined by the State''.
SEC. 15002. APPALACHIAN REGIONAL DEVELOPMENT PROGRAM.
(a) High-speed Broadband Development Initiative.--
(1) In general.--Subchapter I of chapter 145 of subtitle IV
of title 40, United States Code, is amended by adding at the
end the following:
``Sec. 14509. High-speed broadband deployment initiative
``(a) In General.--The Appalachian Regional Commission may provide
technical assistance, make grants, enter into contracts, or otherwise
provide amounts to individuals or entities in the Appalachian region
for projects and activities--
``(1) to increase affordable access to broadband networks
throughout the Appalachian region;
``(2) to conduct research, analysis, and training to
increase broadband adoption efforts in the Appalachian region;
``(3) to provide technology assets, including computers,
smartboards, and video projectors to educational systems
throughout the Appalachian region;
``(4) to increase distance learning opportunities
throughout the Appalachian region;
``(5) to increase the use of telehealth technologies in the
Appalachian region; and
``(6) to promote e-commerce applications in the Appalachian
region.
``(b) Limitation on Available Amounts.--Of the cost of any activity
eligible for a grant under this section--
``(1) not more than 50 percent may be provided from amounts
appropriated to carry out this section; and
``(2) notwithstanding paragraph (1)--
``(A) in the case of a project to be carried out in
a county for which a distressed county designation is
in effect under section 14526, not more than 80 percent
may be provided from amounts appropriated to carry out
this section; and
``(B) in the case of a project to be carried out in
a county for which an at-risk designation is in effect
under section 14526, not more than 70 percent may be
provided from amounts appropriated to carry out this
section.
``(c) Sources of Assistance.--Subject to subsection (b), a grant
provided under this section may be provided from amounts made available
to carry out this section in combination with amounts made available--
``(1) under any other Federal program; or
``(2) from any other source.
``(d) Federal Share.--Notwithstanding any provision of law limiting
the Federal share under any other Federal program, amounts made
available to carry out this section may be used to increase that
Federal share, as the Appalachian Regional Commission determines to be
appropriate.''.
(2) Conforming amendment.--The analysis for chapter 145 of
title 40, United States Code, is amended by inserting after the
item relating to section 14508 the following:
``14509. High-speed broadband deployment initiative.''.
(b) Authorization of Appropriations.--Section 14703 of title 40,
United States Code, is amended--
(1) in subsection (a)(5), by striking ``fiscal year 2012''
and inserting ``each of fiscal years 2012 through 2021'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (b) the following:
``(c) High-speed Broadband Deployment Initiative.--Of the amounts
made available under subsection (a), $10,000,000 shall be used to carry
out section 14509 for each of fiscal years 2016 through 2021.''.
(c) Termination.--Section 14704 of title 40, United States Code, is
amended by striking ``2012'' and inserting ``2021''.
(d) Effective Date.--This section and the amendments made by this
section take effect on October 1, 2015.
SEC. 15003. WATER INFRASTRUCTURE FINANCE AND INNOVATION.
Section 3907(a) of title 33, United States Code, is amended--
(1) by striking paragraph (5); and
(2) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively.
SEC. 15004. 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. 15005. STUDY ON PERFORMANCE OF BRIDGES.
(a) In General.--Subject to subsection (c), the Administrator of
the Federal Highway Administration (referred to in this section as the
``Administrator'') shall commission the Transportation Research Board
of the National Academy of Sciences to conduct a study on the
performance of bridges that received funding under the innovative
bridge research and construction program (referred to in this section
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; 119 Stat. 1144)) 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 the study
commissioned under subsection (a) not later than 3 years after the date
of enactment of this Act.
SEC. 15006. SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY.
Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777c), as amended by section 73103, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1) by striking ``2015'' and inserting ``2021''; and
(2) in subsection (b)(1)(A) by striking ``2015'' and
inserting ``2021''.
DIVISION B--PUBLIC TRANSPORTATION
TITLE XXI--FEDERAL PUBLIC TRANSPORTATION ACT
SEC. 21001. SHORT TITLE.
This title may be cited as the ``Federal Public Transportation Act
of 2015''.
SEC. 21002. DEFINITIONS.
Section 5302 of title 49, United States Code, is amended--
(1) in paragraph (1)(E), by striking ``bicycle storage
facilities and installing equipment'' and inserting ``bicycle
storage shelters and parking facilities and the installation of
equipment'';
(2) in paragraph (3)--
(A) by striking subparagraph (F) and inserting the
following:
``(F) leasing equipment or a facility for use in
public transportation;'';
(B) in subparagraph (G)--
(i) in clause (iv), by adding ``and'' at
the end;
(ii) in clause (v), by striking ``and'' at
the end; and
(iii) by striking clause (vi);
(C) in subparagraph (K), by striking ``or'' at the
end;
(D) in subparagraph (L), by striking the period at
the end and inserting a semicolon; and
(E) by adding at the end the following:
``(M) associated transit improvements; or
``(N) technological changes or innovations to
modify low or no emission vehicles (as defined in
section 5339(c)) or facilities.''; and
(3) by adding at the end the following:
``(24) Value capture.--The term `value capture' means
recovering the increased value to property located near public
transportation resulting from investments in public
transportation.''.
SEC. 21003. METROPOLITAN TRANSPORTATION PLANNING.
Section 5303 of title 49, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``resilient'' after
``development of'';
(2) in subsection (c)(2), by striking ``and bicycle
transportation facilities'' and inserting ``, bicycle
transportation facilities, intermodal facilities that support
intercity transportation, including intercity buses and
intercity bus facilities, and commuter vanpool providers'';
(3) 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)(B).''; and
(C) in paragraph (5), as so redesignated, by
striking ``paragraph (5)'' and inserting ``paragraph
(6)'';
(4) in subsection (e)(4)(B), by striking ``subsection
(d)(5)'' and inserting ``subsection (d)(6)'';
(5) in subsection (g)(3)(A), by inserting ``natural
disaster risk reduction,'' after ``environmental protection,'';
(6) 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.'';
(7) in subsection (i)--
(A) in paragraph (2)--
(i) in subparagraph (A)(i), by striking
``transit'' and inserting ``public
transportation facilities, intercity bus
facilities'';
(ii) in subparagraph (G)--
(I) by striking ``and provide'' and
inserting ``, provide''; and
(II) by inserting before the period
at the end the following: ``, and
reduce vulnerability due to natural
disasters of the existing
transportation infrastructure''; and
(iii) in subparagraph (H), by inserting
before the period at the end the following: ``,
including consideration of the role that
intercity buses may play in reducing
congestion, pollution, and energy consumption
in a cost-effective manner and strategies and
investments that preserve and enhance intercity
bus systems, including systems that are
privately owned and operated'';
(B) in paragraph (6)(A)--
(i) by inserting ``public ports,'' before
``freight shippers''; and
(ii) by inserting ``(including intercity
bus operators and commuter vanpool providers)''
after ``private providers of transportation'';
and
(C) in paragraph (8), by striking ``paragraph
(2)(C)'' each place that term appears and inserting
``paragraph (2)(E)'';
(8) in subsection (j)(5)(A), by striking ``subsection
(k)(4)'' and inserting ``subsection (k)(3)'';
(9) in subsection (k)--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively;
(10) in subsection (l)--
(A) in paragraph (1), by adding a period at the
end; and
(B) in paragraph (2)(D), by striking ``of less than
200,000'' and inserting ``with a population of 200,000
or less'';
(11) by striking subsection (n);
(12) by redesignating subsections (o), (p), and (q) as
subsections (n), (o), and (p), respectively;
(13) in subsection (o), as so redesignated, by striking
``set aside under section 104(f) of title 23'' and inserting
``apportioned under paragraphs (5)(D) and (6) of section 104(b)
of title 23''; and
(14) by adding at the end the following:
``(q) Treatment of Lake Tahoe Region.--
``(1) Definition of lake tahoe region.--In this subsection,
the term `Lake Tahoe Region' has the meaning given the term
`region' in subsection (a) of Article II of the Lake Tahoe
Regional Planning Compact (Public Law 96-551; 94 Stat. 3234).
``(2) Treatment.--For purposes of this title, the Lake
Tahoe Region shall be treated as--
``(A) a metropolitan planning organization;
``(B) a transportation management area under
subsection (k); and
``(C) an urbanized area, which is comprised of--
``(i) a population of 145,000 and 25 square
miles of land area in the State of California;
and
``(ii) a population of 65,000 and 12 square
miles of land area in the State of Nevada.''.
SEC. 21004. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
(a) In General.--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, intermodal facilities that support
intercity transportation, including intercity buses and
intercity bus facilities, and commuter vanpool providers'';
(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 areas with a population of fewer
than 200,000 individuals, as calculated
according to the most recent decennial census,
and'' and inserting ``areas''; and
(ii) in subparagraph (C)--
(I) by striking ``title 23'' and
inserting ``this chapter''; and
(II) by striking ``urbanized areas
with a population of fewer than 200,000
individuals, as calculated according to
the most recent decennial census, and''
and inserting ``areas'';
(3) in subsection (e)(1)--
(A) by striking ``'In'' and inserting ``In''; and
(B) by striking ``subsection (l)'' and inserting
``subsection (k)'';
(4) in subsection (f)--
(A) in paragraph (2)(B)(i), by striking
``subsection (l)'' and inserting ``subsection (k)'';
(B) in paragraph (3)(A)--
(i) in clause (i), by striking ``subsection
(l)'' and inserting ``subsection (k)''; and
(ii) in clause (ii), by inserting
``(including intercity bus operators and
commuter vanpool providers)'' after ``private
providers of transportation'';
(C) in paragraph (7), in the matter preceding
subparagraph (A), by striking ``should'' and inserting
``shall''; and
(D) in paragraph (8), by inserting ``, including
consideration of the role that intercity buses may play
in reducing congestion, pollution, and energy
consumption in a cost-effective manner and strategies
and investments that preserve and enhance intercity bus
systems, including systems that are privately owned and
operated'' before the period at the end;
(5) in subsection (g)--
(A) in paragraph (2)(B)(i), by striking
``subsection (l)'' and inserting ``subsection (k)'';
(B) in paragraph (3)--
(i) by inserting ``public ports,'' before
``freight shippers''; and
(ii) by inserting ``(including intercity
bus operators)'' after ``private providers of
transportation''; and
(C) in paragraph (6)(A), by striking ``subsection
(l)'' and inserting ``subsection (k)'';
(6) by striking subsection (i); and
(7) by redesignating subsections (j), (k), and (l) as
subsections (i), (j), and (k), respectively.
(b) Conforming Amendment.--Section 5303(b)(5) of title 49, United
States Code, is amended by striking ``section 5304(l)'' and inserting
``section 5304(k)''.
SEC. 21005. URBANIZED AREA FORMULA GRANTS.
Section 5307 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``or general
public demand response service'' before ``during'' each
place that term appears; and
(B) by adding at the end the following:
``(3) Exception to special rule.--Notwithstanding paragraph
(2), if a public transportation system described in that
paragraph executes a written agreement with 1 or more other
public transportation systems within the urbanized area to
allocate funds for the purposes described in that paragraph by
a method other than by measuring vehicle revenue hours, each
public transportation system that is a party to the written
agreement may follow the terms of the written agreement without
regard to measured vehicle revenue hours referred to in that
paragraph.
``(4) Temporary and targeted assistance.--
``(A) Eligibility.--The Secretary may make a grant
under this section to finance the operating cost of
equipment and facilities to a recipient for use in
public transportation in an area that the Secretary
determines has--
``(i) a population of not fewer than
200,000 individuals, as determined by the
Bureau of the Census; and
``(ii) a 3-month unemployment rate, as
reported by the Bureau of Labor Statistics,
that is--
``(I) greater than 7 percent; and
``(II) at least 2 percentage points
greater than the lowest 3-month
unemployment rate for the area during
the 5-year period preceding the date of
the determination.
``(B) Award of grant.--
``(i) In general.--Except as otherwise
provided in this subparagraph, the Secretary
may make a grant under this paragraph for not
more than 2 consecutive fiscal years.
``(ii) Additional year.--If, at the end of
the second fiscal year following the date on
which the Secretary makes a determination under
subparagraph (A) with respect to an area, the
Secretary determines that the 3-month
unemployment rate for the area is at least 2
percentage points greater than the unemployment
rate for the area at the time the Secretary
made the determination under subparagraph (A),
the Secretary may make a grant to a recipient
in the area for 1 additional consecutive fiscal
year.
``(iii) Exclusion period.--Beginning on the
last day of the last consecutive fiscal year
for which a recipient receives a grant under
this paragraph, the Secretary may not make a
subsequent grant under this paragraph to the
recipient for a number of fiscal years equal to
the number of consecutive fiscal years in which
the recipient received a grant under this
paragraph.
``(C) Limitation.--
``(i) First fiscal year.--For the first
fiscal year following the date on which the
Secretary makes a determination under
subparagraph (A) with respect to an area, not
more than 25 percent of the amount apportioned
to a designated recipient under section 5336
for the fiscal year shall be available for
operating assistance for the area.
``(ii) Second and third fiscal years.--For
the second and third fiscal years following the
date on which the Secretary makes a
determination under subparagraph (A) with
respect to an area, not more than 20 percent of
the amount apportioned to a designated
recipient under section 5336 for the fiscal
year shall be available for operating
assistance for the area.
``(D) Period of availability for operating
assistance.--Operating assistance awarded under this
paragraph shall be available for expenditure to a
recipient in an area until the end of the second fiscal
year following the date on which the Secretary makes a
determination under subparagraph (A) with respect to
the area, after which time any unexpended funds shall
be available to the recipient for other eligible
activities under this section.
``(E) Certification.--The Secretary may make a
grant for operating assistance under this paragraph for
a fiscal year only if the recipient certifies that--
``(i) the recipient will maintain public
transportation service levels at or above the
current service level, which shall be
demonstrated by providing an equal or greater
number of vehicle hours of service in the
fiscal year than the number of vehicle hours of
service provided in the preceding fiscal year;
``(ii) any non-Federal entity that provides
funding to the recipient, including a State or
local governmental entity, will maintain the
tax rate or rate of allocations dedicated to
public transportation at or above the rate for
the preceding fiscal year;
``(iii) the recipient has allocated the
maximum amount of funding under this section
for preventive maintenance costs eligible as a
capital expense necessary to maintain the level
and quality of service provided in the
preceding fiscal year; and
``(iv) the recipient will not use funding
under this section for new capital assets
except as necessary for the existing system to
maintain or achieve a state of good repair,
assure safety, or replace obsolete
technology.''; and
(2) in subsection (c)(1)--
(A) in subparagraph (C), by inserting ``in a state
of good repair'' after ``equipment and facilities'';
(B) in subparagraph (J), by adding ``and'' at the
end;
(C) by striking subparagraph (K); and
(D) by redesignating subparagraph (L) as
subparagraph (K).
SEC. 21006. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
(a) In General.--Section 5309 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``and weekend
days'';
(B) in paragraph (6)--
(i) in subparagraph (A), by inserting ``,
small start projects,'' after ``new fixed
guideway capital projects''; and
(ii) 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.'';
and
(C) in paragraph (7)--
(i) in subparagraph (A), by striking
``$75,000,000'' and inserting ``$100,000,000'';
and
(ii) in subparagraph (B), by striking
``$250,000,000'' and inserting
``$300,000,000'';
(2) in subsection (d)--
(A) in paragraph (1)(B), by striking ``, policies
and land use patterns that promote public
transportation,''; and
(B) in paragraph (2)(A)--
(i) in clause (iii), by adding ``and'' at
the end;
(ii) by striking clause (iv); and
(iii) by redesignating clause (v) as clause
(iv);
(3) in subsection (g)(2)(A)(i), by striking ``, the
policies and land use patterns that support public
transportation,'';
(4) 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;''; and
(iii) in subparagraph (F), by inserting
``or (h)(5), as applicable'' after ``subsection
(f)''; and
(C) in paragraph (3), by striking subparagraph (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.''; and
(5) by adding at the end the following:
``(p) Joint Public Transportation and Intercity Passenger Rail
Projects.--
``(1) In general.--The Secretary may make grants for new
fixed guideway capital projects and core capacity improvement
projects that provide both public transportation and intercity
passenger rail service.
``(2) Eligible costs.--Eligible costs for a project under
this subsection shall be limited to the net capital costs of
the public transportation costs attributable to the project
based on projected use of the new segment or expanded capacity
of the project corridor, not including project elements
designed to achieve or maintain a state of good repair, as
determined by the Secretary under paragraph (4).
``(3) Project justification and local financial
commitment.--A project under this subsection shall be evaluated
for project justification and local financial commitment under
subsections (d), (e), (f), and (h), as applicable to the
project, based on--
``(A) the net capital costs of the public
transportation costs attributable to the project as
determined under paragraph (4); and
``(B) the share of funds dedicated to the project
from sources other than this section included in the
unified finance plan for the project.
``(4) Calculation of net capital project cost.--The
Secretary shall estimate the net capital costs of a project
under this subsection based on--
``(A) engineering studies;
``(B) studies of economic feasibility;
``(C) the expected use of equipment or facilities;
and
``(D) the public transportation costs attributable
to the project.
``(5) Government share of net capital project cost.--
``(A) Government share.--The Government share shall
not exceed 80 percent of the net capital cost
attributable to the public transportation costs of a
project under this subsection as determined under
paragraph (4).
``(B) Non-government share.--The remainder of the
net capital cost attributable to the public
transportation costs of a project under this subsection
shall be provided from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, or
new capital.''.
(b) Expedited Project Delivery for Capital Investment Grants Pilot
Program.--
(1) Definitions.--In this subsection, the following
definitions shall apply:
(A) Applicant.--The term ``applicant'' means a
State or local governmental authority that applies for
a grant under this subsection.
(B) Capital project; fixed guideway; local
governmental authority; public transportation; state;
state of good repair.--The terms ``capital project'',
``fixed guideway'', ``local governmental authority'',
``public transportation'', ``State'', and ``state of
good repair'' have the meanings given those terms in
section 5302 of title 49, United States Code.
(C) Core capacity improvement project.--The term
``core capacity improvement project''--
(i) means a substantial corridor-based
capital investment in an existing fixed
guideway system that increases the capacity of
a corridor by not less than 10 percent; and
(ii) may include project elements designed
to aid the existing fixed guideway system in
making substantial progress towards achieving a
state of good repair.
(D) Corridor-based bus rapid transit project.--The
term ``corridor-based bus rapid transit project'' means
a small start project utilizing buses in which the
project represents a substantial investment in a
defined corridor as demonstrated by features that
emulate the services provided by rail fixed guideway
public transportation systems--
(i) including--
(I) defined stations;
(II) traffic signal priority for
public transportation vehicles;
(III) short headway bidirectional
services for a substantial part of
weekdays; and
(IV) any other features the
Secretary may determine support a long-
term corridor investment; and
(ii) the majority of which does not operate
in a separated right-of-way dedicated for
public transportation use during peak periods.
(E) Eligible project.--The term ``eligible
project'' means a new fixed guideway capital project, a
small start project, or a core capacity improvement
project that has not entered into a full funding grant
agreement with the Federal Transit Administration
before the date of enactment of this Act.
(F) Fixed guideway bus rapid transit project.--The
term ``fixed guideway bus rapid transit project'' means
a bus capital project--
(i) in which the majority of the project
operates in a separated right-of-way dedicated
for public transportation use during peak
periods;
(ii) that represents a substantial
investment in a single route in a defined
corridor or subarea; and
(iii) that includes features that emulate
the services provided by rail fixed guideway
public transportation systems, including--
(I) defined stations;
(II) traffic signal priority for
public transportation vehicles;
(III) short headway bidirectional
services for a substantial part of
weekdays and weekend days; and
(IV) any other features the
Secretary may determine are necessary
to produce high-quality public
transportation services that emulate
the services provided by rail fixed
guideway public transportation systems.
(G) New fixed guideway capital project.--The term
``new fixed guideway capital project'' means--
(i) a fixed guideway project that is a
minimum operable segment or extension to an
existing fixed guideway system; or
(ii) a fixed guideway bus rapid transit
project that is a minimum operable segment or
an extension to an existing bus rapid transit
system.
(H) Recipient.--The term ``recipient'' means a
recipient of funding under chapter 53 of title 49,
United States Code.
(I) Small start project.--The term ``small start
project'' means a new fixed guideway capital project, a
fixed guideway bus rapid transit project, or a
corridor-based bus rapid transit project for which--
(i) the Federal assistance provided or to
be provided under this subsection is less than
$75,000,000; and
(ii) the total estimated net capital cost
is less than $300,000,000.
(2) General authority.--The Secretary may make grants under
this subsection to States and local governmental authorities to
assist in financing--
(A) new fixed guideway capital projects or small
start projects, including the acquisition of real
property, the initial acquisition of rolling stock for
the system, the acquisition of rights-of-way, and
relocation, for projects in the advanced stages of
planning and design; and
(B) core capacity improvement projects, including
the acquisition of real property, the acquisition of
rights-of-way, double tracking, signalization
improvements, electrification, expanding system
platforms, acquisition of rolling stock associated with
corridor improvements increasing capacity, construction
of infill stations, and such other capacity improvement
projects as the Secretary determines are appropriate to
increase the capacity of an existing fixed guideway
system corridor by not less than 10 percent. Core
capacity improvement projects do not include elements
to improve general station facilities or parking, or
acquisition of rolling stock alone.
(3) Grant requirements.--
(A) In general.--The Secretary may make not more
than 10 grants under this subsection for an eligible
project if the Secretary determines that--
(i) the eligible project is part of an
approved transportation plan required under
sections 5303 and 5304 of title 49, United
States Code;
(ii) the applicant has, or will have--
(I) the legal, financial, and
technical capacity to carry out the
eligible project, including the safety
and security aspects of the eligible
project;
(II) satisfactory continuing
control over the use of the equipment
or facilities;
(III) the technical and financial
capacity to maintain new and existing
equipment and facilities; and
(IV) advisors providing guidance to
the applicant on the terms and
structure of the project that are
independent from investors in the
project;
(iii) the eligible project is supported, or
will be supported, in part, through a public-
private partnership, provided such support is
determined by local policies, criteria, and
decisionmaking under section 5306(a) of title
49, United States Code;
(iv) the eligible project is justified
based on findings presented by the project
sponsor to the Secretary, including--
(I) mobility improvements
attributable to the project;
(II) environmental benefits
associated with the project;
(III) congestion relief associated
with the project;
(IV) economic development effects
derived as a result of the project; and
(V) estimated ridership
projections; and
(v) the eligible project is supported by an
acceptable degree of local financial commitment
(including evidence of stable and dependable
financing sources).
(B) Certification.--An applicant that has submitted
the certifications required under subparagraphs (A),
(B), (C), and (H) of section 5307(c)(1) of title 49,
United States Code, shall be deemed to have provided
sufficient information upon which the Secretary may
make the determinations required under this paragraph.
(C) Technical capacity.--The Secretary shall use an
expedited technical capacity review process for
applicants that have recently and successfully
completed not less than 1 new fixed guideway capital
project, small start project, or core capacity
improvement project, if--
(i) the applicant achieved budget, cost,
and ridership outcomes for the project that are
consistent with or better than projections; and
(ii) the applicant demonstrates that the
applicant continues to have the staff expertise
and other resources necessary to implement a
new project.
(D) Financial commitment.--
(i) Requirements.--In determining whether
an eligible project is supported by an
acceptable degree of local financial commitment
and shows evidence of stable and dependable
financing sources for purposes of subparagraph
(A)(v), the Secretary shall require that--
(I) each proposed source of capital
and operating financing is stable,
reliable, and available within the
proposed eligible project timetable;
and
(II) resources are available to
recapitalize, maintain, and operate the
overall existing and proposed public
transportation system, including
essential feeder bus and other services
necessary, without degradation to the
existing level of public transportation
services.
(ii) Considerations.--In assessing the
stability, reliability, and availability of
proposed sources of financing under clause (i),
the Secretary shall consider--
(I) the reliability of the
forecasting methods used to estimate
costs and revenues made by the
applicant and the contractors to the
applicant;
(II) existing grant commitments;
(III) the degree to which financing
sources are dedicated to the proposed
eligible project;
(IV) any debt obligation that
exists or is proposed by the applicant,
for the proposed eligible project or
other public transportation purpose;
and
(V) private contributions to the
eligible project, including cost-
effective project delivery, management
or transfer of project risks, expedited
project schedule, financial partnering,
and other public-private partnership
strategies.
(E) Labor standards.--The requirements under
section 5333 of title 49, United States Code, shall
apply to each recipient of a grant under this
subsection.
(4) Project advancement.--An applicant that desires a grant
under this subsection and meets the requirements of paragraph
(3) shall submit to the Secretary, and the Secretary shall
approve for advancement, a grant request that contains--
(A) identification of an eligible project;
(B) a schedule and finance plan for the
construction and operation of the eligible project;
(C) an analysis of the efficiencies of the proposed
eligible project development and delivery methods and
innovative financing arrangement for the eligible
project, including any documents related to the--
(i) public-private partnership required
under paragraph (3)(A)(iii); and
(ii) project justification required under
paragraph (3)(A)(iv); and
(D) a certification that the existing public
transportation system of the applicant or, in the event
that the applicant does not operate a public
transportation system, the public transportation system
to which the proposed project will be attached, is in a
state of good repair.
(5) Written notice from the secretary.--
(A) In general.--Not later than 120 days after the
date on which the Secretary receives a grant request of
an applicant under paragraph (4), the Secretary shall
provide written notice to the applicant--
(i) of approval of the grant request; or
(ii) if the grant request does not meet the
requirements under paragraph (4), of
disapproval of the grant request, including a
detailed explanation of the reasons for the
disapproval.
(B) Concurrent notice.--The Secretary shall provide
concurrent notice of an approval or disapproval of a
grant request under subparagraph (A) to the Committee
on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives.
(6) Waiver.--The Secretary may grant a waiver to an
applicant that does not comply with paragraph (4)(D) if--
(A) the eligible project meets the definition of a
core capacity improvement project; and
(B) the Secretary certifies that the eligible
project will allow the applicant to make substantial
progress in achieving a state of good repair.
(7) Selection criteria.--The Secretary may enter into a
full funding grant agreement with an applicant under this
subsection for an eligible project for which an application has
been submitted and approved for advancement by the Secretary
under paragraph (4), only if the applicant has completed the
planning and activities required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(8) Letters of intent and full funding grant agreements.--
(A) Letters of intent.--
(i) Amounts intended to be obligated.--The
Secretary may issue a letter of intent to an
applicant announcing an intention to obligate,
for an eligible project under this subsection,
an amount from future available budget
authority specified in law that is not more
than the amount stipulated as the financial
participation of the Secretary in the eligible
project. When a letter is issued for an
eligible project under this subsection, the
amount shall be sufficient to complete at least
an operable segment.
(ii) Treatment.--The issuance of a letter
under clause (i) is deemed not to be an
obligation under section 1108(c), 1501, or
1502(a) of title 31, United States Code, or an
administrative commitment.
(B) Full funding grant agreements.--
(i) In general.--Except as provided in
clause (v), an eligible project shall be
carried out under this subsection through a
full funding grant agreement.
(ii) Criteria.--The Secretary shall enter
into a full funding grant agreement, based the
requirements of this subparagraph, with each
applicant receiving assistance for an eligible
project that has received a written notice of
approval under paragraph (5)(A)(i).
(iii) Terms.--A full funding grant
agreement shall--
(I) establish the terms of
participation by the Federal Government
in the eligible project;
(II) establish the maximum amount
of Federal financial assistance for the
eligible project;
(III) include the period of time
for completing construction of the
eligible project, consistent with the
terms of the public-private partnership
agreement, even if that period extends
beyond the period of an authorization;
and
(IV) make timely and efficient
management of the eligible project
easier according to the law of the
United States.
(iv) Special financial rules.--
(I) In general.--A full funding
grant agreement under this subparagraph
obligates an amount of available budget
authority specified in law and may
include a commitment, contingent on
amounts to be specified in law in
advance for commitments under this
subparagraph, to obligate an additional
amount from future available budget
authority specified in law.
(II) Statement of contingent
commitment.--A full funding grant
agreement shall state that the
contingent commitment is not an
obligation of the Federal Government.
(III) Interest and other financing
costs.--Interest and other financing
costs of efficiently carrying out a
part of the eligible project within a
reasonable time are a cost of carrying
out the eligible project under a full
funding grant agreement, except that
eligible costs may not be more than the
cost of the most favorable financing
terms reasonably available for the
eligible project at the time of
borrowing. The applicant shall certify,
in a way satisfactory to the Secretary,
that the applicant has shown reasonable
diligence in seeking the most favorable
financing terms.
(IV) Completion of operable
segment.--The amount stipulated in an
agreement under this subparagraph for a
new fixed guideway capital project,
core capacity improvement project, or
small start project shall be sufficient
to complete at least an operable
segment.
(v) Exception.--
(I) In general.--The Secretary, to
the maximum extent practicable, shall
provide Federal assistance under this
subsection for a small start project in
a single grant. If the Secretary cannot
provide such a single grant, the
Secretary may execute an expedited
grant agreement in order to include a
commitment on the part of the Secretary
to provide funding for the project in
future fiscal years.
(II) Terms of expedited grant
agreements.--In executing an expedited
grant agreement under this clause, the
Secretary may include in the agreement
terms similar to those established
under clause (iii).
(C) Limitation on amounts.--
(i) In general.--The Secretary may enter
into full funding grant agreements under this
paragraph for eligible projects that contain
contingent commitments to incur obligations in
such amounts as the Secretary determines are
appropriate.
(ii) Appropriation required.--An obligation
may be made under this paragraph only when
amounts are appropriated for obligation.
(D) Notification to congress.--
(i) In general.--Not later than 30 days
before the date on which the Secretary issues a
letter of intent or enters into a full funding
grant agreement for an eligible project under
this paragraph, the Secretary shall notify, in
writing, the Committee on Banking, Housing, and
Urban Affairs and the Committee on
Appropriations of the Senate and the Committee
on Transportation and Infrastructure and the
Committee on Appropriations of the House of
Representatives of the proposed letter of
intent or full funding grant agreement.
(ii) Contents.--The written notification
under clause (i) shall include a copy of the
proposed letter of intent or full funding grant
agreement for the eligible project.
(9) Government share of net capital project cost.--
(A) In general.--A grant for an eligible project
shall not exceed 25 percent of the net capital project
cost.
(B) Remainder of net capital project cost.--The
remainder of the net capital project cost shall be
provided from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, or
new capital.
(C) Limitation on statutory construction.--Nothing
in this subsection shall be construed as authorizing
the Secretary to require a non-Federal financial
commitment for a project that is more than 75 percent
of the net capital project cost.
(D) Special rule for rolling stock costs.--In
addition to amounts allowed pursuant to subparagraph
(A), a planned extension to a fixed guideway system may
include the cost of rolling stock previously purchased
if the applicant satisfies the Secretary that only
amounts other than amounts provided by the Federal
Government were used and that the purchase was made for
use on the extension. A refund or reduction of the
remainder may be made only if a refund of a
proportional amount of the grant of the Federal
Government is made at the same time.
(E) Failure to carry out project.--If an applicant
does not carry out an eligible project for reasons
within the control of the applicant, the applicant
shall repay all Federal funds awarded for the eligible
project from all Federal funding sources, for all
eligible project activities, facilities, and equipment,
plus reasonable interest and penalty charges allowable
by law.
(F) Crediting of funds received.--Any funds
received by the Federal Government under this
paragraph, other than interest and penalty charges,
shall be credited to the appropriation account from
which the funds were originally derived.
(10) Availability of amounts.--
(A) In general.--An amount made available for an
eligible project shall remain available to that
eligible project for 5 fiscal years, including the
fiscal year in which the amount is made available. Any
amounts that are unobligated to the eligible project at
the end of the 5-fiscal-year period may be used by the
Secretary for any purpose under this subsection.
(B) Use of deobligated amounts.--An amount
available under this subsection that is deobligated may
be used for any purpose under this subsection.
(11) Annual report on expedited project delivery for
capital investment grants.--Not later than the first Monday in
February of each year, the Secretary shall submit to the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives a report that
includes a proposed amount to be available to finance grants
for anticipated projects under this subsection.
(12) Before and after study and report.--
(A) Study required.--Each recipient shall conduct a
study that--
(i) describes and analyzes the impacts of
the eligible project on public transportation
services and public transportation ridership;
(ii) describes and analyzes the consistency
of predicted and actual benefits and costs of
the innovative project development and delivery
methods or innovative financing for the
eligible project; and
(iii) identifies reasons for any
differences between predicted and actual
outcomes for the eligible project.
(B) Submission of report.--Not later than 2 years
after an eligible project that is selected under this
subsection begins revenue operations, the recipient
shall submit to the Secretary a report on the results
of the study conducted under subparagraph (A).
(13) Rule of construction.--Nothing in this subsection
shall be construed to--
(A) require the privatization of the operation or
maintenance of any project for which an applicant seeks
funding under this subsection;
(B) revise the determinations by local policies,
criteria, and decisionmaking under section 5306(a) of
title 49, United States Code;
(C) alter the requirements for locally developed,
coordinated, and implemented transportation plans under
sections 5303 and 5304 of title 49, United States Code;
or
(D) alter the eligibilities or priorities for
assistance under this subsection or section 5309 of
title 49, United States Code.
SEC. 21007. MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES.
(a) Coordination of Public Transportation Services With Other
Federally Assisted Local Transportation Services.--
(1) Definitions.--In this subsection--
(A) 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
requirements; and
(B) the term ``Council'' means the Interagency
Transportation Coordinating Council on Access and
Mobility established under Executive Order 13330 (49
U.S.C. 101 note).
(2) Coordinating council on access and mobility strategic
plan.--Not later than 2 years after the date of enactment of
this Act, the Council shall publish a strategic plan for the
Council that--
(A) outlines the role and responsibilities of each
Federal agency with respect to local transportation
coordination, including non-emergency medical
transportation;
(B) identifies a strategy to strengthen interagency
collaboration;
(C) addresses any outstanding recommendations made
by the Council in the 2005 Report to the President
relating to the implementation of Executive Order
13330, including--
(i) a cost-sharing policy endorsed by the
Council; and
(ii) recommendations to increase
participation by recipients of Federal grants
in locally developed, coordinated planning
processes; and
(D) to the extent feasible, addresses
recommendations by the Comptroller General of the
United States concerning local coordination of
transportation services.
(3) Development of cost-sharing policy in compliance with
applicable federal requirements.--In establishing the cost-
sharing policy required under paragraph (2), the Council may
consider, to the extent practicable--
(A) the development of recommended strategies for
grantees of programs funded by members of the Council,
including strategies for grantees of programs that fund
non-emergency medical transportation, to use the cost-
sharing policy in a manner that does not violate
applicable Federal requirements; and
(B) optional 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--
(i) eligibility requirements;
(ii) service delivery requirements; and
(iii) reimbursement requirements.
(b) Pilot Program for Innovative Coordinated Access and Mobility.--
(1) Definitions.--In this subsection--
(A) the term ``eligible project'' has the meaning
given the term ``capital project'' in section 5302 of
title 49, United States Code; and
(B) the term ``eligible recipient'' means a
recipient or subrecipient, as those terms are defined
in section 5310 of title 49, United States Code.
(2) General authority.--The Secretary may make grants under
this subsection to eligible recipients to assist in financing
innovative projects for the transportation disadvantaged that
improve the coordination of transportation services and non-
emergency medical transportation services, including--
(A) the deployment of coordination technology;
(B) projects that create or increase access to
community One-Call/One-Click Centers; and
(C) such other projects as determined by the
Secretary.
(3) Application.--An eligible recipient shall submit to the
Secretary an application that, at a minimum, contains--
(A) a detailed description of the eligible project;
(B) an identification of all eligible project
partners and their specific role in the eligible
project, including--
(i) private entities engaged in the
coordination of non-emergency medical
transportation services for the transportation
disadvantaged; or
(ii) nonprofit entities engaged in the
coordination of non-emergency medical
transportation services for the transportation
disadvantaged;
(C) a description of how the eligible project
would--
(i) improve local coordination or access to
coordinated transportation services;
(ii) reduce duplication of service, if
applicable; and
(iii) provide innovative solutions in the
State or community; and
(D) specific performance measures the eligible
project will use to quantify actual outcomes against
expected outcomes.
(4) Government share of costs.--
(A) In general.--The Government share of the cost
of an eligible project carried out under this
subsection shall not exceed 80 percent.
(B) Non-government share.--The non-Government share
of the cost of an eligible project carried out under
this subsection may be derived from in-kind
contributions.
(5) Rule of construction.--For purposes of this subsection,
non-emergency medical transportation services shall be limited
to services eligible under Federal programs other than programs
authorized under chapter 53 of title 49, United States Code.
(c) Technical Correction.--Section 5310(a) of title 49, United
States Code, is amended by striking paragraph (1) and inserting the
following:
``(1) Recipient.--The term `recipient' means--
``(A) a designated recipient or a State that
receives a grant under this section directly; or
``(B) a State or local governmental entity that
operates a public transportation service.''.
SEC. 21008. FORMULA GRANTS FOR RURAL AREAS.
Section 5311 of title 49, United States Code, is amended--
(1) in subsection (c)(1), as amended by division G, by
striking subparagraphs (A) and (B) and inserting the following:
``(A) $5,000,000 for each fiscal year shall be
distributed on a competitive basis by the Secretary.
``(B) $30,000,000 for each fiscal year shall be
apportioned as formula grants, as provided in
subsection (j).''; and
(2) in subsection (j)(1)--
(A) in subparagraph (A)(iii), by striking ``(as
defined by the Bureau of the Census)'' and inserting
``(American Indian Areas, Alaska Native Areas, and
Hawaiian Home Lands, as defined by the Bureau of the
Census)''; and
(B) by adding at the end the following:
``(E) Allocation between multiple indian tribes.--
If more than 1 Indian tribe provides public
transportation service on tribal lands in a single
Tribal Statistical Area, and the Indian tribes do not
determine how to allocate the funds apportioned under
clause (iii) of subparagraph (A) between the Indian
tribes, the Secretary shall allocate the funds such
that each Indian tribe shall receive an amount equal to
the total amount apportioned under such clause (iii)
multiplied by the ratio of the number of annual
unlinked passenger trips provided by each Indian tribe,
as reported to the National Transit Database, to the
total unlinked passenger trips provided by all the
Indian tribes in the Tribal Statistical Area.''.
SEC. 21009. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND DEPLOYMENT
PROGRAM.
(a) In General.--Section 5312 of title 49, United States Code, is
amended--
(1) in the section heading, by striking ``projects'' and
inserting ``program'';
(2) in subsection (a), in the subsection heading, by
striking ``Projects'' and inserting ``Program'';
(3) in subsection (d)--
(A) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by inserting ``demonstration, deployment,
or evaluation'' before ``project that'';
(ii) in subparagraph (A), by striking
``and'' at the end;
(iii) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and
(iv) by adding at the end the following:
``(C) the deployment of low or no emission
vehicles, zero emission vehicles, or associated
advanced technology.''; and
(B) by striking paragraph (5) and inserting the
following:
``(5) Prohibition.--The Secretary may not make grants under
this subsection for the demonstration, deployment, or
evaluation of a vehicle that is in revenue service unless the
Secretary determines that the project makes significant
technological advancements in the vehicle.
``(6) Definitions.--In this subsection--
``(A) the term `direct carbon emissions' means the
quantity of direct greenhouse gas emissions from a
vehicle, as determined by the Administrator of the
Environmental Protection Agency;
``(B) the term `low or no emission vehicle' means--
``(i) a passenger vehicle used to provide
public transportation that the Secretary
determines sufficiently reduces energy
consumption or harmful emissions, including
direct carbon emissions, when compared to a
comparable standard vehicle; or
``(ii) a zero emission vehicle used to
provide public transportation; and
``(C) the term `zero emission vehicle' means a low
or no emission vehicle that produces no carbon or
particulate matter.'';
(4) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(5) by inserting after subsection (d) the following:
``(e) Low or No Emission Vehicle Component Assessment.--
``(1) Definitions.--In this subsection--
``(A) the term `covered institution of higher
education' means an institution of higher education
with which the Secretary enters into a contract or
cooperative agreement, or to which the Secretary makes
a grant, under paragraph (2)(B) to operate a facility
designated under paragraph (2)(A);
``(B) the terms `direct carbon emissions' and `low
or no emission vehicle' have the meanings given those
terms in subsection (d)(6);
``(C) the term `institution of higher education'
has the meaning given the term in section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002); and
``(D) the term `low or no emission vehicle
component' means an item that is separately installed
in and removable from a low or no emission vehicle.
``(2) Assessing low or no emission vehicle components.--
``(A) In general.--The Secretary shall designate
not more than 2 facilities to conduct testing,
evaluation, and analysis of low or no emission vehicle
components intended for use in low or no emission
vehicles.
``(B) Operation and maintenance.--
``(i) In general.--The Secretary shall
enter into a contract or cooperative agreement
with, or make a grant to, not more than 2
institutions of higher education to each
operate and maintain a facility designated
under subparagraph (A).
``(ii) Requirements.--An institution of
higher education described in clause (i) shall
have--
``(I) previous experience with
transportation-related advanced
component and vehicle evaluation;
``(II) laboratories capable of
testing and evaluation;
``(III) direct access to or a
partnership with a testing facility
capable of emulating real-world
circumstances in order to test low or
no emission vehicle components
installed on the intended vehicle;
``(IV) extensive knowledge of
public-private partnerships in the
transportation sector, with emphasis on
development and evaluation of
materials, products, and components;
``(V) the ability to reduce costs
to partners by leveraging existing
programs to provide complementary
research, development, testing, and
evaluation; and
``(VI) the means to conduct
performance assessments on low or no
emission vehicle components based on
industry standards.
``(C) Fees.--A covered institution of higher
education shall establish and collect fees, which shall
be approved by the Secretary, for the assessment of low
or no emission components at the applicable facility
designated under subparagraph (A).
``(D) Availability of amounts to pay for
assessment.--The Secretary shall enter into a contract
or cooperative agreement with, or make a grant to, each
covered institution of higher education under which--
``(i) the Secretary shall pay 50 percent of
the cost of assessing a low or no emission
vehicle component at the applicable facility
designated under subparagraph (A) from amounts
made available to carry out this section; and
``(ii) the remaining 50 percent of such
cost shall be paid from amounts recovered
through the fees established and collected
pursuant to subparagraph (C).
``(E) Voluntary testing.--A manufacturer of a low
or no emission vehicle component is not required to
assess the low or no emission vehicle component at a
facility designated under subparagraph (A).
``(F) Compliance with section 5318.--
Notwithstanding whether a low or no emission vehicle
component is assessed at a facility designated under
subparagraph (A), each new bus model shall comply with
the requirements under section 5318.
``(G) Separate facility.--Each facility designated
under subparagraph (A) shall be separate and distinct
from the facility operated and maintained under section
5318.
``(3) Low or no emission vehicle component performance
reports.--Not later than 2 years after the date of enactment of
the Federal Public Transportation Act of 2015, and annually
thereafter, the Secretary shall issue a report on low or no
emission vehicle component assessments conducted at each
facility designated under paragraph (2)(A), which shall include
information related to the maintainability, reliability,
performance, structural integrity, efficiency, and noise of
those low or no emission vehicle components.
``(4) Public availability of assessments.--Each assessment
conducted at a facility designated under paragraph (2)(A) shall
be made publically available, including to affected industries.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to require--
``(A) a low or no emission vehicle component to be
tested at a facility designated under paragraph (2)(A);
or
``(B) the development or disclosure of a privately
funded component assessment.'';
(6) in subsection (f), as so redesignated--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) by redesignating paragraph (3) as paragraph
(4);
(C) by inserting after paragraph (2) the following:
``(3) a list of any projects that returned negative results
in the preceding fiscal year and an analysis of such results;
and''; and
(D) in paragraph (4), as so redesignated, by
inserting before the period at the end the following:
``based on projects in the pipeline, ongoing projects,
and anticipated research efforts necessary to advance
certain projects to a subsequent research phase''; and
(7) by adding at the end the following:
``(h) Cooperative Research Program.--
``(1) In general.--The Secretary shall establish--
``(A) a public transportation cooperative research
program under this subsection; and
``(B) an independent governing board for the
program, which shall recommend public transportation
research, development, and technology transfer
activities the Secretary considers appropriate.
``(2) Federal assistance.--The Secretary may make grants
to, and cooperative agreements with, the National Academy of
Sciences to carry out activities under this subsection that the
Secretary determines appropriate.
``(3) Government share.--If there would be a clear and
direct financial benefit to an entity under a grant or contract
financed under this section, the Secretary shall establish a
Government share consistent with that benefit.''.
(b) Technical and Conforming Amendments.--
(1) Title 49.--Chapter 53 of title 49, United States Code,
is amended by striking section 5313.
(2) Table of sections amendment.--The table of sections for
chapter 53 of title 49, United States Code, is amended by
striking the items relating to sections 5312 and 5313 and
inserting the following:
``5312. Research, development, demonstration, and deployment program.
``[5313. Repealed.]''.
SEC. 21010. PRIVATE SECTOR PARTICIPATION.
(a) In General.--Section 5315 of title 49, United States Code, is
amended by adding at the end the following:
``(d) Rule of Construction.--Nothing in this section shall be
construed to alter--
``(1) the eligibilities, requirements, or priority for
assistance provided under this chapter; or
``(2) the requirements of section 5306(a).''.
(b) MAP-21 Technical Correction.--Section 20013(d) of the Moving
Ahead for Progress in the 21st Century Act (Public Law 112-141; 126
Stat. 694) is amended by striking ``5307(c)'' and inserting
``5307(b)''.
SEC. 21011. INNOVATIVE PROCUREMENT.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5315 the following:
``Sec. 5316. Innovative procurement
``(a) Definition.--In this section, the term `grantee' means a
recipient or subrecipient of assistance under this chapter.
``(b) Cooperative Procurement.--
``(1) Definitions; general rules.--
``(A) Definitions.--In this subsection--
``(i) the term `cooperative procurement
contract' means a contract--
``(I) entered into between a State
government or eligible nonprofit and 1
or more vendors; and
``(II) under which the vendors
agree to provide an option to purchase
rolling stock and related equipment to
multiple participants;
``(ii) the term `eligible nonprofit entity'
means--
``(I) a nonprofit entity that is
not a grantee; or
``(II) a consortium of entities
described in subclause (I);
``(iii) the terms `lead nonprofit entity'
and `lead procurement agency' mean an eligible
nonprofit entity or a State government,
respectively, that acts in an administrative
capacity on behalf of each participant in a
cooperative procurement contract;
``(iv) the term `participant' means a
grantee that participates in a cooperative
procurement contract; and
``(v) the term `participate' means to
purchase rolling stock and related equipment
under a cooperative procurement contract using
assistance provided under this chapter.
``(B) General rules.--
``(i) 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.
``(ii) Voluntary participation.--
Participation by grantees in a cooperative
procurement contract shall be voluntary.
``(iii) Contract terms.--The lead
procurement agency or lead nonprofit entity for
a cooperative procurement contract shall
develop the terms of the contract.
``(iv) Duration.--A cooperative procurement
contract--
``(I) subject to subclauses (II)
and (III), may be for an initial term
of not more than 2 years;
``(II) may include not more than 3
optional extensions for terms of not
more than 1 year each; and
``(III) may be in effect for a
total period of not more than 5 years,
including each extension authorized
under subclause (II).
``(v) Administrative expenses.--A lead
procurement agency or lead nonprofit entity, as
applicable, that enters into a cooperative
procurement contract--
``(I) may charge the participants
in the contract for the cost of
administering, planning, and providing
technical assistance for the contract
in an amount that is not more than 1
percent of the total value of the
contract; and
``(II) with respect to the cost
described in subclause (I), may
incorporate the cost into the price of
the contract or directly charge the
participants for the cost, but not
both.
``(2) State cooperative procurement schedules.--
``(A) Authority.--A State government may enter into
a cooperative procurement contract with 1 or more
vendors if--
``(i) the vendors agree to provide an
option to purchase rolling stock and related
equipment to the State government and any other
participant; and
``(ii) the State government acts throughout
the term of the contract as the lead
procurement agency.
``(B) Applicability of policies and procedures.--In
procuring rolling stock and related equipment under a
cooperative procurement contract under this subsection,
a State government 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.
``(3) Pilot program for nonprofit cooperative
procurements.--
``(A) Establishment.--The Secretary shall establish
and carry out a pilot program to demonstrate the
effectiveness of cooperative procurement contracts
administered by nonprofit entities.
``(B) Designation.--In carrying out the program
under this paragraph, the Secretary shall designate not
less than 1 eligible nonprofit entity to enter into a
cooperative procurement contract under which the
nonprofit entity acts throughout the term of the
contract as the lead nonprofit entity.
``(C) Number of entities.--The Secretary may
designate not more than 3 geographically diverse
eligible nonprofit entities under subparagraph (B).
``(D) Notice of intent to participate.--At a time
determined appropriate by the lead nonprofit entity,
each participant in a cooperative procurement contract
under this paragraph shall submit to the lead nonprofit
entity a nonbinding notice of intent to participate.
``(c) Leasing Arrangements.--
``(1) Capital lease defined.--
``(A) In general.--In this subsection, the term
`capital lease' means any agreement under which a
grantee acquires the right to use rolling stock or
related equipment for a specified period of time, in
exchange for a periodic payment.
``(B) Maintenance.--A capital lease may require
that the lessor provide maintenance of the rolling
stock or related equipment covered by the lease.
``(2) Program to support innovative leasing arrangements.--
``(A) Authority.--A grantee may use assistance
provided under this chapter to enter into a capital
lease if--
``(i) the rolling stock or related
equipment covered under the lease is eligible
for capital assistance under this chapter; and
``(ii) there is or will be no Federal
interest in the rolling stock or related
equipment covered under the lease as of the
date on which the lease takes effect.
``(B) Grantee requirements.--A grantee that enters
into a capital lease shall--
``(i) maintain an inventory of the rolling
stock or related equipment acquired under the
lease; and
``(ii) maintain on the accounting records
of the grantee the liability of the grantee
under the lease.
``(C) Eligible lease costs.--The costs for which a
grantee may use assistance under this chapter, with
respect to a capital lease, include--
``(i) the cost of the rolling stock or
related equipment;
``(ii) associated financing costs,
including interest, legal fees, and financial
advisor fees;
``(iii) ancillary costs such as delivery
and installation charges; and
``(iv) maintenance costs.
``(D) Terms.--A grantee shall negotiate the terms
of any lease agreement that the grantee enters into.
``(E) Applicability of procurement requirements.--
``(i) Lease requirements.--Part 639 of
title 49, Code of Federal Regulations, or any
successor regulation, and implementing guidance
applicable to leasing shall not apply to a
capital lease.
``(ii) Buy america.--The requirements under
section 5323(j) shall apply to a capital lease.
``(3) Incentive program for capital leasing of rolling
stock.--
``(A) Authority.--The Secretary shall carry out an
incentive program for capital leasing of rolling stock
(referred to in this paragraph as the `program').
``(B) Selection of participants.--
``(i) In general.--The Secretary shall
select not less than 6 grantees to participate
in the program, which shall be--
``(I) geographically diverse; and
``(II) evenly distributed among
grantees in accordance with clause
(ii).
``(ii) Population size.--In selecting an
even distribution of grantees under clause
(i)(II), the Secretary shall select not less
than--
``(I) 2 grantees that serve rural
areas;
``(II) 2 grantees that serve
urbanized areas with a population of
fewer than 200,000 individuals, as
determined by the Bureau of the Census;
and
``(III) 2 grantees that serve
urbanized areas with a population of
200,000 or more individuals, as
determined by the Bureau of the Census.
``(iii) Waiver.--The Secretary may waive a
requirement under clause (ii) if an
insufficient number of eligible grantees of a
particular population size apply to participate
in the program.
``(C) Participant requirements.--
``(i) In general.--A grantee that
participates in the program shall--
``(I) enter into a capital lease
for a period of not less than 5 years;
and
``(II) replace not less than \1/4\
of the grantee's fleet through the
capital lease.
``(ii) Vehicle requirements.--The vehicles
replaced under clause (i)(II), with respect to
the fleet as constituted on the day before the
date on which the capital lease is entered
into, shall--
``(I) be the oldest vehicles in the
fleet; or
``(II) produce the highest quantity
of direct greenhouse gas emissions
relative to the other vehicles in the
fleet, as determined by the
Administrator of the Environmental
Protection Agency.
``(iii) Waiver of federal interest
requirements.--If a grantee participating in
the program seeks to replace vehicles that have
a remaining Federal interest, the Secretary
shall--
``(I) evaluate the economic and
environmental benefits of waiving the
Federal interest, as demonstrated by
the grantee;
``(II) if the grantee demonstrates
a net economic or environmental
benefit, grant an early disposition of
the vehicles; and
``(III) publish each evaluation and
final determination of the Secretary
under this clause in a conspicuous
location on the website of the Federal
Transit Administration.
``(D) Participant benefit.--During the period
during which a capital lease described in subparagraph
(C)(i)(I), entered into by a grantee participating in
the program, is in effect, the limit on the Government
share of operating expenses under subsection (d)(2) of
section 5307, subsection (d)(2) of section 5310, or
subsection (g)(2) of section 5311 shall not apply with
respect to any grant awarded to the grantee under the
applicable section.
``(E) Reporting requirement.--Not later than 3
years after the date on which a grantee enters into a
capital lease under the program, the grantee shall
submit to the Secretary a report that contains--
``(i) an evaluation of the overall costs
and benefits of leasing rolling stock;
``(ii) a cost comparison of leasing versus
buying rolling stock;
``(iii) a comparison of the expected short-
term and long-term maintenance costs of leasing
versus buying rolling stock; and
``(iv) a projected budget showing the
changes in overall operating and capital
expenses due to the capital lease that the
grantee entered into under the program.
``(4) Incentive program for capital leasing of certain zero
emission vehicle components.--
``(A) Definitions.--In this paragraph--
``(i) the term `removable power source'--
``(I) means a power source that is
separately installed in, and removable
from, a zero emission vehicle; and
``(II) may include a battery, a
fuel cell, an ultra-capacitor, or other
advanced power source used in a zero
emission vehicle; and
``(ii) the term `zero emission vehicle' has
the meaning given the term in section 5339(c).
``(B) Leased power sources.--Notwithstanding any
other provision of law, for purposes of this
subsection, the cost of a removable power source that
is necessary for the operation of a zero emission
vehicle shall not be treated as part of the cost of the
vehicle if the removable power source is acquired using
a capital lease.
``(C) Eligible capital lease.--A grantee may
acquire a removable power source by itself through a
capital lease.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter
53 of title 49, United States Code, is amended by inserting
after the item relating to section 5315 the following:
``5316. Innovative procurement.''.
(2) Conforming amendment.--Section 5325(e)(2) of title 49,
United States Code, is amended by inserting after ``this
subsection'' the following: ``, section 5316,''.
SEC. 21012. HUMAN RESOURCES AND TRAINING.
Section 5322 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1), in the paragraph heading, by
striking ``Program established'' and inserting ``In
general'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following:
``(2) Programs.--A program eligible for assistance under
subsection (a) shall--
``(A) provide skills training, on-the-job training,
and work-based learning;
``(B) offer career pathways that support the
movement from initial or short-term employment
opportunities to sustainable careers;
``(C) address current or projected workforce
shortages;
``(D) replicate successful workforce development
models; or
``(E) respond to such other workforce needs as the
Secretary determines appropriate.'';
(D) in paragraph (3), as so redesignated--
(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) give priority to minorities,
women, individuals with disabilities,
veterans, low-income populations, and
other underserved populations.''; and
(E) by adding at the end the following:
``(4) Coordination.--A recipient of assistance under this
subsection shall--
``(A) identify the workforce needs and commensurate
training needs at the local level 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),
university transportation centers, community colleges,
and community-based organizations representing
minorities, women, disabled individuals, veterans, and
low-income populations; and
``(B) to the extent practicable, conduct local
training programs in coordination with existing local
training programs supported by the Secretary, the
Department of Labor (including registered
apprenticeship programs), and the Department of
Education.
``(5) 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--
``(A) the impact on reducing public transportation
workforce shortages in the area served;
``(B) the diversity of training participants;
``(C) the number of participants obtaining
certifications or credentials required for specific
types of employment;
``(D) employment outcomes, including job placement,
job retention, and wages, using performance metrics
established in consultation with the Secretary and the
Secretary of Labor and consistent with metrics used by
programs under the Workforce Innovation and Opportunity
Act (29 U.S.C. 3101 et seq.); and
``(E) to the extent practical, evidence that the
program did not preclude workers who are participating
in skills training, on-the-job training, and work-based
learning from being referred to, or hired on, projects
funded under this chapter without regard to the length
of time of their participation in the program.''; and
(2) in subsection (d), by striking paragraph (4) and
inserting the following:
``(4) Use for technical assistance.--The Secretary may use
not more than 1 percent of the amounts made available to carry
out this section to provide technical assistance for activities
and programs developed, conducted, and overseen under this
subsection.
``(5) Availability of amounts.--
``(A) In general.--Not more than 0.5 percent of the
amounts made available to a recipient under sections
5307, 5337, and 5339 is available for expenditure by
the recipient, with the approval of the Secretary, to
pay not more than 80 percent of the cost of eligible
activities under this subsection.
``(B) Existing programs.--A recipient may use
amounts made available under paragraph (A) to carry out
existing local education and training programs for
public transportation employees supported by the
Secretary, the Department of Labor, or the Department
of Education.''.
SEC. 21013. GENERAL PROVISIONS.
Section 5323 of title 49, United States Code, is amended--
(1) in subsection (j)--
(A) in paragraph (2), by striking subparagraph (C)
and inserting the following:
``(C) when procuring rolling stock (including train
control, communication, and traction power equipment,
and rolling stock prototypes) 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'';
(B) by redesignating paragraphs (5) through (9) as
paragraphs (7) through (11), respectively;
(C) by inserting after paragraph (4) the following:
``(5) Rolling stock frames or car shells.--In carrying out
paragraph (2)(C) in the case of a rolling stock procurement
receiving assistance under this chapter in which the average
cost of a rolling stock vehicle in the procurement is more than
$300,000, if rolling stock frames or car shells are not
produced in the United States, the Secretary shall include in
the calculation of the domestic content of the rolling stock
the cost of steel or iron used in the rolling stock frames or
car shells if--
``(A) all manufacturing processes for the steel or
iron occur in the United States; and
``(B) the amount of steel or iron used in the
rolling stock frames or car shells is significant.
``(6) Certification of domestic supply and disclosure.--
``(A) Certification of domestic supply.--If the
Secretary denies an application for a waiver under
paragraph (2), the Secretary shall provide to the
applicant a written certification that--
``(i) the steel, iron, or manufactured
goods, as applicable, (referred to in this
subparagraph as the `item') is produced in the
United States in a sufficient and reasonably
available amount;
``(ii) the item produced in the United
States is of a satisfactory quality; and
``(iii) includes a list of known
manufacturers in the United States from which
the item can be obtained.
``(B) Disclosure.--The Secretary shall disclose the
waiver denial and the written certification to the
public in an easily identifiable location on the
website of the Department of Transportation.'';
(D) in paragraph (8), as so redesignated, by
striking ``Federal Public Transportation Act of 2012''
and inserting ``Federal Public Transportation Act of
2015''; and
(E) by inserting after paragraph (11), as so
redesignated, the following:
``(12) Production in united states.--For purposes of this
subsection, steel and iron may be considered produced in the
United States if all the manufacturing processes, except
metallurgical processes involving refinement of steel
additives, took place in the United States.
``(13) Definition of small purchase.--For purposes of
determining whether a purchase qualifies for a general public
interest waiver under paragraph (2)(A) of this subsection,
including under any regulation promulgated under that
paragraph, the term `small purchase' means a purchase of not
more than $150,000.'';
(2) in subsection (q)(1), by striking the second sentence;
and
(3) by adding at the end the following:
``(s) Value Capture Revenue Eligible for Local Share.--
Notwithstanding any other provision of law, 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) Value Engineering.--Nothing in this chapter shall be
construed to authorize the Secretary to mandate the use of value
engineering in projects funded under this chapter.''.
SEC. 21014. PROJECT MANAGEMENT OVERSIGHT.
Section 5327 of title 49, United States Code, is amended--
(1) in subsection (c), by striking ``section 5338(i)'' and
inserting ``section 5338(h)''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``section 5338(i)'' and
inserting ``section 5338(h)''; and
(ii) by striking ``and'' at the end; and
(B) by striking paragraph (2) and inserting the
following:
``(2) a requirement that oversight--
``(A) begin during the project development phase of
a project, unless the Secretary finds it more
appropriate to begin the oversight during another phase
of the project, to maximize the transportation benefits
and cost savings associated with project management
oversight; and
``(B) be limited to quarterly reviews of compliance
by the recipient with the project management plan
approved under subsection (b) unless the Secretary
finds that the recipient requires more frequent
oversight because the recipient has, for 2 consecutive
quarterly reviews, failed to meet the requirements of
such plan and the project is at risk of going over
budget or becoming behind schedule; and
``(3) a process for recipients that the Secretary has found
require more frequent oversight to return to quarterly reviews
for purposes of paragraph (2)(B).''.
SEC. 21015. PUBLIC TRANSPORTATION SAFETY PROGRAM.
(a) In General.--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; and
``(IV) any additional information
that the Secretary determines necessary
and appropriate; and'';
(2) in subsection (f)(2), by inserting after ``public
transportation system of a recipient'' the following: ``or the
public transportation industry generally''; and
(3) in subsection (g)(1), in the matter preceding
subparagraph (A), by striking ``an eligible State, as defined
in subsection (e),'' and inserting ``a recipient''.
(b) 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
commence a review of the safety standards and protocols
used in rail fixed guideway 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 with local
emergency responders having
jurisdiction over a rail fixed guideway
public transportation system,
including--
(aa) emergency preparedness
training, drills, and
familiarization programs for
those 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) vehicle safety standards, practices,
or protocols in use by public transportation
systems, concerning--
(I) bus design and the workstation
of bus operators, as it relates to--
(aa) the reduction of
blindspots that contribute to
accidents involving
pedestrians; and
(bb) protecting bus
operators from the risk of
assault; and
(II) scheduling fixed route bus
service with adequate time and access
for operators to use restroom
facilities.
(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 Federal minimum public transportation
safety standards, including--
(A) standards governing worker safety;
(B) standards for the operation of signals, track,
on-track equipment, mechanical systems, and control
systems; and
(C) any other areas the Secretary, in consultation
with the public transportation industry, determines
require further evaluation.
(3) Report.--Upon completing the review and evaluation
required under paragraphs (1) and (2), respectively, and not
later than 1 year after the date of enactment of this Act, the
Secretary shall submit to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on
Transportation and Infrastructure of the of House of
Representatives 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 legislative
changes where applicable; and
(D) actions that the Secretary will take to address
the recommendations provided under subparagraph (C),
including, if necessary, the establishment of Federal
minimum public transportation safety standards.
SEC. 21016. STATE OF GOOD REPAIR GRANTS.
Section 5337 of title 49, United States Code, is amended--
(1) in subsection (c)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--Of the amount authorized or made
available for a fiscal year under section 5338(a)(2)(L)--
``(A) $100,000,000 shall be made available in
accordance with this subsection; and
``(B) 97.15 percent of the remainder shall be
apportioned to recipients in accordance with this
subsection.''; and
(B) in paragraph (2)(B), by inserting ``the
provisions of'' before ``section 5336(b)(1)'';
(2) in subsection (d)--
(A) in paragraph (2), by striking ``section
5338(a)(2)(I), 2.85 percent'' and inserting ``section
5338(a)(2)(L), the remainder after the application of
subsection (c)(1)''; and
(B) by adding at the end the following:
``(5) Use of funds.--Amounts apportioned under this
subsection may be used for any project that is an eligible
project under subsection (b)(1).''; and
(3) 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
costs shall be provided from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, or new
capital.''.
SEC. 21017. AUTHORIZATIONS.
Section 5338 of title 49, United States Code, as amended by
division G, is amended to read as follows:
``Sec. 5338. Authorizations
``(a) 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, 5312, 5314, 5318, 5322(b), 5322(d),
5335, 5337, 5339, and 5340, section 20005(b) of the Federal
Public Transportation Act of 2012, and section 21007(b) of the
Federal Public Transportation Act of 2015--
``(A) $9,184,747,400 for fiscal year 2016;
``(B) $9,380,039,349 for fiscal year 2017;
``(C) $9,685,745,744 for fiscal year 2018;
``(D) $10,101,051,238 for fiscal year 2019;
``(E) $10,351,763,806 for fiscal year 2020; and
``(F) $10,609,442,553 for fiscal year 2021.
``(2) Allocation of funds.--Of the amounts made available
under paragraph (1)--
``(A) $132,020,000 for fiscal year 2016,
$134,934,342 for fiscal year 2017, $138,004,098 for
fiscal year 2018, $141,328,616 for fiscal year 2019,
$144,893,631 for fiscal year 2020, and $148,557,701 for
fiscal year 2021 shall be available to carry out
section 5305;
``(B) $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) $4,538,905,700 for fiscal year 2016,
$4,639,102,043 for fiscal year 2017, $4,794,641,615 for
fiscal year 2018, $4,975,879,158 for fiscal year 2019,
$5,101,395,710 for fiscal year 2020, and $5,230,399,804
for fiscal year 2021 shall be allocated in accordance
with section 5336 to provide financial assistance for
urbanized areas under section 5307;
``(D) $263,466,000 for fiscal year 2016,
$269,282,012 for fiscal year 2017, $275,408,178 for
fiscal year 2018, $288,264,292 for fiscal year 2019,
$295,535,759 for fiscal year 2020, and $303,009,267 for
fiscal year 2021 shall be available to provide
financial assistance for services for the enhanced
mobility of seniors and individuals with disabilities
under section 5310;
``(E) $2,000,000 for each of fiscal years 2016
through 2021 shall be available for the pilot program
for innovative coordinated access and mobility under
section 21007(b) of the Federal Public Transportation
Act of 2015;
``(F) $619,956,000 for fiscal year 2016,
$633,641,529 for fiscal year 2017, $648,056,873 for
fiscal year 2018, $678,308,311 for fiscal year 2019,
$695,418,638 for fiscal year 2020, and $713,004,385 for
fiscal year 2021 shall be available to provide
financial assistance for rural areas under section
5311, of which not less than--
``(i) $35,000,000 for each of fiscal years
2016 through 2021 shall be available to carry
out section 5311(c)(1); and
``(ii) $20,000,000 for each of fiscal years
2016 through 2021 shall be available to carry
out section 5311(c)(2);
``(G) $30,000,000 for each of fiscal years 2016
through 2021 shall be available to carry out section
5312, of which--
``(i) $5,000,000 for each of fiscal years
2016 through 2021 shall be available to carry
out section 5312(e); and
``(ii) $5,000,000 for each of fiscal years
2016 through 2021 shall be available to carry
out section 5312(h);
``(H) $4,000,000 for each of fiscal years 2016
through 2021 shall be available to carry out section
5314;
``(I) $3,000,000 for each of fiscal years 2016
through 2021 shall be available for bus testing under
section 5318;
``(J) $5,000,000 for each of fiscal years 2016
through 2021 shall be available for the national
transit institute under section 5322(d);
``(K) $4,000,000 for each of fiscal years 2016
through 2021 shall be available to carry out section
5335;
``(L) $2,428,342,500 for fiscal year 2016,
$2,479,740,661 for fiscal year 2017, $2,533,879,761 for
fiscal year 2018, $2,592,511,924 for fiscal year 2019,
$2,655,385,537 for fiscal year 2020, and $2,720,006,127
for fiscal year 2021 shall be available to carry out
section 5337;
``(M) $430,794,600 for fiscal year 2016,
$440,304,391 for fiscal year 2017, $495,321,316 for
fiscal year 2018, $585,851,498 for fiscal year 2019,
$605,422,352 for fiscal year 2020, and $625,536,993 for
fiscal year 2021 shall be available for the bus and bus
facilities program under section 5339(a);
``(N) $180,000,000 for each of fiscal years 2016
and 2017, $185,000,000 for fiscal year 2018, and
$190,000,000 for each of fiscal years 2019 through 2021
shall be available for bus and bus facilities
competitive grants under section 5339(b) and no or low
emission grants under section 5339(c), of which
$55,000,000 for each of fiscal years 2016 through 2021
shall be available to carry out section 5339(c);
``(O) $533,262,600 for fiscal year 2016,
$545,034,372 for fiscal year 2017, $557,433,904 for
fiscal year 2018, $586,907,438 for fiscal year 2019,
$601,712,178 for fiscal year 2020, and $616,928,276 for
fiscal year 2021 shall be allocated in accordance with
section 5340 to provide financial assistance for
urbanized areas under section 5307 and rural areas
under section 5311; and
``(P) $4,000,000 for each of fiscal years 2019
through 2021 shall be available to carry out section
5322(b).
``(b) Research, Development, Demonstration, and Deployment
Program.--There are authorized to be appropriated to carry out section
5312, other than subsections (e) and (h) of that section, $20,000,000
for each of fiscal years 2016 through 2021.
``(c) Technical Assistance and Standards Development.--There are
authorized to be appropriated to carry out section 5314, $7,000,000 for
each of fiscal years 2016 through 2021.
``(d) Human Resources and Training.--There are authorized to be
appropriated to carry out subsections (a), (b), (c), and (e) of section
5322, $5,000,000 for each of fiscal years 2016 through 2021.
``(e) Emergency Relief Program.--There are authorized to be
appropriated such sums as are necessary to carry out section 5324.
``(f) Capital Investment Grants.--There are authorized to be
appropriated to carry out section 5309 of this title and section
21006(b) of the Federal Public Transportation Act of 2015,
$2,301,785,760 for fiscal year 2016, $2,352,597,681 for fiscal year
2017, $2,406,119,278 for fiscal year 2018, $2,464,082,691 for fiscal
year 2019, $2,526,239,177 for fiscal year 2020, and $2,590,122,713 for
fiscal year 2021, of which $276,214,291 for fiscal year 2016,
$282,311,722 for fiscal year 2017, $288,734,313 for fiscal year 2018,
$295,689,923 for fiscal year 2019, $303,148,701 for fiscal year 2020,
and $310,814,726 for fiscal year 2021 shall be available to carry out
section 21006(b) of the Federal Public Transportation Act of 2015.
``(g) Administration.--
``(1) In general.--There are authorized to be appropriated
to carry out section 5334, $115,016,543 for fiscal year 2016,
$117,555,533 for fiscal year 2017, $120,229,921 for fiscal year
2018, $123,126,260 for fiscal year 2019, $126,232,120 for
fiscal year 2020, and $129,424,278 for fiscal year 2021.
``(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than $8,000,000 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 (2), not less than $2,000,000 for each of fiscal
years 2016 through 2021 shall be available to carry out section
5326.
``(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; 126 Stat.
4968).
``(E) 0.5 percent of amounts made available to
carry out section 5310.
``(F) 0.5 percent of amounts made available to
carry out section 5311.
``(G) 1 percent of amounts made available to carry
out section 5337, 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 made available to the Secretary
before allocating the funds appropriated to carry out any
project under a full funding grant agreement.
``(i) 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.
``(j) Availability of Amounts.--Amounts made available by or
appropriated under this section shall remain available until
expended.''.
SEC. 21018. GRANTS FOR BUS AND BUS FACILITIES.
(a) In General.--Chapter 53 of title 49, United States Code, as
amended by division G, is amended by striking section 5339 and
inserting the following:
``Sec. 5339. Grants for bus and bus facilities
``(a) Formula Grants.--
``(1) Definitions.--In this subsection--
``(A) the term `low or no emission vehicle' has the
meaning given that term in subsection (c)(1);
``(B) the term `State' means a State of the United
States; and
``(C) the term `territory' means the District of
Columbia, Puerto Rico, the Northern Mariana Islands,
Guam, American Samoa, and the United States Virgin
Islands.
``(2) General authority.--The Secretary may make grants
under this subsection to assist eligible recipients described
in paragraph (4)(A) in financing capital projects--
``(A) to replace, rehabilitate, and purchase buses
and related equipment, including technological changes
or innovations to modify low or no emissions vehicles
or facilities; and
``(B) to construct bus-related facilities.
``(3) Grant requirements.--The requirements of--
``(A) section 5307 shall apply to recipients of
grants made in urbanized areas under this subsection;
and
``(B) section 5311 shall apply to recipients of
grants made in rural areas under this subsection.
``(4) Eligible recipients and subrecipients.--
``(A) Recipients.--Eligible recipients under this
subsection are--
``(i) designated recipients that allocate
funds to fixed route bus operators; or
``(ii) State or local governmental entities
that operate fixed route bus service.
``(B) Subrecipients.--A recipient that receives a
grant under this subsection may allocate amounts of the
grant to subrecipients that are public agencies or
private nonprofit organizations engaged in public
transportation.
``(5) Distribution of grant funds.--Funds allocated under
section 5338(a)(2)(M) shall be distributed as follows:
``(A) National distribution.--$103,000,000 for each
of fiscal years 2016 through 2021 shall be allocated to
all States and territories, with each State receiving
$2,000,000 for each such fiscal year 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 subparagraph (A) shall be allocated
pursuant to the formula set forth in section 5336 other
than subsection (b).
``(6) 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
paragraph (5)(A) to supplement amounts apportioned to
the State under section 5311(c) of this title or
amounts apportioned to urbanized areas under
subsections (a) and (c) of section 5336 of this title.
``(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
(5)(B) that are not allocated to designated recipients
in urbanized areas with a population of 200,000 or
more.
``(7) Government share of costs.--
``(A) Capital projects.--A grant for a capital
project under this subsection shall be for 80 percent
of the net capital costs of the project. A recipient of
a grant under this subsection 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;
``(iv) from amounts received under a
service agreement with a State or local social
service agency or private social service
organization; or
``(v) from revenues generated from value
capture financing mechanisms.
``(8) Period of availability to recipients.--Amounts made
available under this subsection may be obligated by a recipient
for 3 fiscal years after the fiscal year in which the amount is
apportioned. Not later than 30 days after the end of the 3-
fiscal-year period described in the preceding sentence, any
amount that is not obligated on the last day of that period
shall be added to the amount that may be apportioned under this
subsection in the next fiscal year.
``(b) Bus and Bus Facilities Competitive Grants.--
``(1) In general.--The Secretary may make grants under this
subsection to designated recipients to assist in the financing
of bus and bus facilities capital projects, including--
``(A) replacing, rehabilitating, purchasing, or
leasing buses or related equipment; and
``(B) rehabilitating, purchasing, constructing, or
leasing bus-related facilities.
``(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.
``(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 the 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) Rural projects.--Not less 10 percent of the amounts
made available under this subsection in a fiscal year shall be
distributed to projects in rural areas.
``(6) Grant requirements.--
``(A) In general.--A grant under this subsection
shall be subject to the requirements of--
``(i) section 5307 for recipients of grants
made in urbanized areas; and
``(ii) section 5311 for recipients of
grants made in rural areas.
``(B) Government share of costs.--The Government
share of the cost of an eligible project carried out
under this subsection shall not exceed 80 percent.
``(7) 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) that remain unobligated at the end of the
period described in subparagraph (A) shall be added to
the amount made available to an eligible project in the
following fiscal year.
``(8) Limitation.--Of the amounts made available under this
subsection, not more than 15 percent may be awarded to a single
grantee.
``(c) Low or No Emission Grants.--
``(1) Definitions.--In this subsection--
``(A) the term `direct carbon emissions' means the
quantity of direct greenhouse gas emissions from a
vehicle, as determined by the Administrator of the
Environmental Protection Agency;
``(B) the term `eligible project' means a project
or program of projects in an eligible area for--
``(i) acquiring low or no emission
vehicles;
``(ii) leasing low or no emission vehicles;
``(iii) acquiring low or no emission
vehicles with a leased power source;
``(iv) constructing facilities and related
equipment for low or no emission vehicles;
``(v) leasing facilities and related
equipment for low or no emission vehicles;
``(vi) constructing new public
transportation facilities to accommodate low or
no emission vehicles; or
``(vii) rehabilitating or improving
existing public transportation facilities to
accommodate low or no emission vehicles;
``(C) the term `leased power source' means a
removable power source, as defined in paragraph (4)(A)
of section 5316(c), that is made available through a
capital lease under that section;
``(D) the term `low or no emission bus' means a bus
that is a low or no emission vehicle;
``(E) the term `low or no emission vehicle' means--
``(i) a passenger vehicle used to provide
public transportation that the Secretary
determines sufficiently reduces energy
consumption or harmful emissions, including
direct carbon emissions, when compared to a
comparable standard vehicle; or
``(ii) a zero emission vehicle used to
provide public transportation;
``(F) the term `recipient' means a designated
recipient, a local governmental authority, or a State
that receives a grant under this subsection for an
eligible project; and
``(G) the term `zero emission vehicle' means a low
or no emission vehicle that produces no carbon or
particulate matter.
``(2) General authority.--The Secretary may make grants to
recipients to finance eligible projects under this subsection.
``(3) Grant requirements.--
``(A) In general.--A grant under this subsection
shall be subject to the requirements of section 5307.
``(B) Government share of costs for certain
projects.--Section 5323(i) applies to eligible projects
carried out under this subsection, unless the recipient
requests a lower grant percentage.
``(C) Combination of funding sources.--
``(i) Combination permitted.--An eligible
project carried out under this subsection may
receive funding under section 5307 or any other
provision of law.
``(ii) Government share.--Nothing in this
subparagraph shall be construed to alter the
Government share required under paragraph (7),
section 5307, or any other provision of law.
``(4) Competitive process.--The Secretary shall--
``(A) not later than 30 days after the date on
which amounts are made available for obligation under
this subsection for a full fiscal year, solicit grant
applications for eligible projects on a competitive
basis; and
``(B) award a grant under this subsection based on
the solicitation under subparagraph (A) not later than
the earlier of--
``(i) 75 days after the date on which the
solicitation expires; or
``(ii) the end of the fiscal year in which
the Secretary solicited the grant applications.
``(5) Consideration.--In awarding grants under this
subsection, the Secretary shall only consider eligible projects
relating to the acquisition or leasing of low or no emission
buses that--
``(A) make greater reductions in energy consumption
and harmful emissions, including direct carbon
emissions, than comparable standard buses or other low
or no emission buses; and
``(B) are part of a long-term integrated fleet
management plan for the recipient.
``(6) Availability of funds.--Any amounts made available to
carry out this subsection--
``(A) shall remain available to an eligible project
for 2 fiscal years after the fiscal year for which the
amount is made available; and
``(B) that remain unobligated at the end of the
period described in subparagraph (A) shall be added to
the amount made available to an eligible project in the
following fiscal year.
``(7) Government share of costs.--
``(A) In general.--The Federal share of the cost of
an eligible project carried out under this subsection
shall not exceed 80 percent.
``(B) Non-federal share.--The non-Federal share of
the cost of an eligible project carried out under this
subsection may be derived from in-kind
contributions.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 53 of title 49, United States Code, is amended by striking the
item relating to section 5339 and inserting the following:
``5339. Grants for bus and bus facilities.''.
SEC. 21019. SALARY OF FEDERAL TRANSIT ADMINISTRATOR.
(a) In General.--Section 5313 of title 5, United States Code, is
amended by adding at the end the following:
``Federal Transit Administrator.''.
(b) Conforming Amendment.--Section 5314 of title 5, United States
Code, is amended by striking ``Federal Transit Administrator.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first pay period beginning on or after
the first day of the first fiscal year beginning after the date of
enactment of this Act.
SEC. 21020. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Chapter 53 of Title 49, United States Code.--
(1) In general.--Chapter 53 of title 49, United States
Code, is amended--
(A) by striking section 5319;
(B) in section 5325--
(i) in subsection (e)(2), by striking ``at
least two''; and
(ii) in subsection (h), by striking
``Federal Public Transportation Act of 2012''
and inserting ``Federal Public Transportation
Act of 2015'';
(C) in section 5336--
(i) in subsection (a), by striking
``subsection (h)(4)'' and inserting
``subsection (h)(5)''; and
(ii) in subsection (h), as amended by
division G--
(I) by striking paragraph (1) and
inserting the following:
``(1) $30,000,000 for each fiscal year shall be set aside
to carry out section 5307(h);''; and
(II) in paragraph (3), by striking
``1.5 percent'' and inserting ``2
percent''; and
(D) in section 5340(b), by striking ``section
5338(b)(2)(M)'' and inserting ``section
5338(a)(2)(O)''.
(2) Table of sections.--The table of sections for chapter
53 of title 49, United States Code, is amended by striking the
item relating to section 5319 and inserting the following:
``[5319. Repealed.]''.
(b) Chapter 105 of Title 49, United States Code.--Section 10501(c)
of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(i), by striking ``section
5302(a)'' and inserting ``section 5302''; and
(B) in subparagraph (B)--
(i) by striking ``mass transportation'' and
inserting ``public transportation''; and
(ii) by striking ``section 5302(a)'' and
inserting ``section 5302''; and
(2) in paragraph (2)(A), by striking ``mass
transportation'' and inserting ``public transportation''.
DIVISION C--COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF
2015
SEC. 31001. SHORT TITLE.
This division may be cited as the ``Comprehensive Transportation
and Consumer Protection Act of 2015.''
SEC. 31002. REFERENCES TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, wherever in this division
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
SEC. 31003. EFFECTIVE DATE.
Subtitle A of title XXXII, sections 33103, 34101(g), 34105, 34106,
34107, 34133, 34141, 34202, 34203, 34204, 34205, 34206, 34207, 34208,
34211, 34212, 34213, 34214, 34215, subtitles C and D of title XXXIV,
and title XXXV take effect on the date of enactment of this Act.
TITLE XXXI--OFFICE OF THE SECRETARY
Subtitle A--Accelerating Project Delivery
SEC. 31101. DELEGATION OF AUTHORITY.
(a) In General.--Chapter 1 is amended by adding at the end the
following:
``Sec. 116. Administrations; acting officers
``No person designated to serve as the acting head of an
administration in the department of transportation under section 3345
of title 5 may continue to perform the functions and duties of the
office if the time limitations in section 3346 of that title would
prevent the person from continuing to serve in a formal acting
capacity.''.
(b) Conforming Amendment.--The table of contents for chapter 1 is
amended by inserting after the item relating to section 115 the
following:
``116. Administrations; acting officers.''.
(c) Application.--The amendment under subsection (a) shall apply to
any applicable office with a position designated for a Senate confirmed
official.
SEC. 31102. INFRASTRUCTURE PERMITTING IMPROVEMENT CENTER.
(a) In General.--Subchapter I of chapter 3, as amended by sections
31104 and 31106 of this Act, is further amended by adding after section
311 the following:
``Sec. 312. Interagency Infrastructure Permitting Improvement Center
``(a) In General.--There is established in the Office of the
Secretary an Interagency Infrastructure Permitting Improvement Center
(referred to in this section as the `Center').
``(b) Roles and Responsibilities.--
``(1) Governance.--The Center shall report to the chair of
the Steering Committee described in paragraph (2) to ensure
that the perspectives of all member agencies are represented.
``(2) Infrastructure permitting steering committee.--An
Infrastructure Permitting Steering Committee (referred to in
this section as the `Steering Committee') is established to
oversee the work of the Center. The Steering Committee shall be
chaired by the Federal Chief Performance Officer in
consultation with the Chair of the Council on Environmental
Quality and shall be comprised of Deputy-level representatives
from the following departments and agencies:
``(A) The Department of Defense.
``(B) The Department of the Interior.
``(C) The Department of Agriculture.
``(D) The Department of Commerce.
``(E) The Department of Transportation.
``(F) The Department of Energy.
``(G) The Department of Homeland Security.
``(H) The Environmental Protection Agency.
``(I) The Advisory Council on Historic
Preservation.
``(J) The Department of the Army.
``(K) The Department of Housing and Urban
Development.
``(L) Other agencies the Chair of the Steering
Committee invites to participate.
``(3) Activities.--The Center shall support the Chair of
the Steering Committee and undertake the following:
``(A) Coordinate and support implementation of
priority reform actions for Federal agency permitting
and reviews for areas as defined and identified by the
Steering Committee.
``(B) Support modernization efforts at Federal
agencies and interagency pilots for innovative
approaches to the permitting and review of
infrastructure projects.
``(C) Provide technical assistance and training to
field and headquarters staff of Federal agencies on
policy changes, innovative approaches to project
delivery, and other topics as appropriate.
``(D) Identify, develop, and track metrics for
timeliness of permit reviews, permit decisions, and
project outcomes.
``(E) Administer and expand the use of online
transparency tools providing for--
``(i) tracking and reporting of metrics;
``(ii) development and posting of schedules
for permit reviews and permit decisions; and
``(iii) sharing of best practices related
to efficient project permitting and reviews.
``(F) Provide reporting to the President on
progress toward achieving greater efficiency in
permitting decisions and review of infrastructure
projects and progress toward achieving better outcomes
for communities and the environment.
``(G) Meet not less frequently than annually with
groups or individuals representing State, Tribal, and
local governments that are engaged in the
infrastructure permitting process.
``(4) Infrastructure sectors covered.--The Center shall
support process improvements in the permitting and review of
infrastructure projects in the following sectors:
``(A) Surface transportation.
``(B) Aviation.
``(C) Ports and waterways.
``(D) Water resource projects.
``(E) Renewable energy generation.
``(F) Electricity transmission.
``(G) Broadband.
``(H) Pipelines.
``(I) Other sectors, as determined by the Steering
Committee.
``(c) Performance Measures.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Comprehensive Transportation and Consumer
Protection Act of 2015, the Secretary, in coordination with the
heads of other Federal agencies on the Steering Committee with
responsibility for the review and approval of infrastructure
projects sectors described in subsection (b)(4), shall evaluate
and report on--
``(A) the progress made toward aligning Federal
reviews of such projects and the improvement of project
delivery associated with those projects; and
``(B) the effectiveness of the Center in achieving
reduction of permitting time and project delivery time.
``(2) Performance targets.--Not later than 180 days after
the date on which the Secretary of Transportation establishes
performance measures in accordance with paragraph (1), the
Secretary shall establish performance targets relating to each
of the measures and standards described in subparagraphs (A)
and (B) of paragraph (1).
``(3) Report to congress.--Not later than 2 years after the
date of enactment of the Comprehensive Transportation and
Consumer Protection Act of 2015 and biennially thereafter, the
Secretary shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that describes--
``(A) the results of the evaluation conducted under
paragraph (1); and
``(B) the progress towards achieving the targets
established under paragraph (2).
``(4) Inspector general report.--Not later than 3 years
after the date of enactment of the Comprehensive Transportation
and Consumer Protection Act of 2015, the Inspector General of
the Department of Transportation shall submit a report to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that describes--
``(A) the results of the evaluation conducted under
paragraph (1); and
``(B) the progress towards achieving the targets
established under paragraph (2).''.
(b) Conforming Amendment.--The table of contents of chapter 3, as
amended by sections 31104 and 31106 of this Act, is further amended by
inserting after the item relating to section 311 the following:
``312. Interagency Infrastructure Permitting Improvement Center.''.
SEC. 31103. ACCELERATED DECISION-MAKING IN ENVIRONMENTAL REVIEWS.
(a) In General.--Subchapter I of chapter 3 is amended by inserting
after section 304 the following:
``Sec. 304a. Accelerated decision-making 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 Department of Transportation, when acting
as 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 Departmental response, the
Department may write on errata sheets attached to the statement instead
of rewriting the draft statement, subject to the condition that the
errata sheets--
``(1) cite the sources, authorities, or reasons that
support the position of the Department; and
``(2) if appropriate, indicate the circumstances that would
trigger Departmental reappraisal or further response.
``(b) Incorporation.--To the maximum extent practicable, the
Department shall expeditiously develop a single document that consists
of a final environmental impact statement and a record of decision,
unless--
``(1) the final environmental impact statement makes
substantial changes to the proposed action that are relevant to
environmental or safety concerns; or
``(2) there are significant new circumstances or
information relevant to environmental concerns and that bear on
the proposed action or the impacts of the proposed action.''.
(b) Conforming Amendment.--The table of contents of chapter 3 is
amended by inserting after the item relating to section 304 the
following:
``304a. Accelerated decision-making in environmental reviews.''.
SEC. 31104. ENVIRONMENTAL REVIEW ALIGNMENT AND REFORM.
(a) In General.--Subchapter I of chapter 3 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 the Comprehensive
Transportation and Consumer Protection Act of 2015, the Department of
Transportation, in coordination with the Steering Committee described
in section 312 of this title, 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.) (referred to in this section as `NEPA'). The
coordinated and concurrent environmental review and permitting process
shall--
``(1) ensure that the Department of Transportation and
Federal 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 upon 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 upon 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 legal obligations;
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 legal obligations.
``(b) Environmental Checklist.--The Secretary of Transportation and
Federal agencies of jurisdiction likely to have substantive review or
approval responsibilities on transportation projects, not later than 90
days after the date of enactment of the Comprehensive Transportation
and Consumer Protection Act of 2015, shall jointly develop a checklist
to help project sponsors identify potential natural, cultural, and
historic resources in the area of a proposed project. The purpose of
the checklist is--
``(1) to identify agencies of jurisdiction and cooperating
agencies,
``(2) to develop the information needed for the purpose and
need and alternatives for analysis; and
``(3) to improve interagency collaboration to help expedite
the permitting process for the lead agency and Federal agencies
of jurisdiction.
``(c) Interagency Collaboration.--Consistent with Federal
environmental statutes and the priority reform actions for Federal
agency permitting and reviews defined and identified by the Steering
Committee established under section 312, 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. This
engagement shall ensure agency staff is fully engaged and utilizing the
flexibility of existing regulations, policies, and guidance and
identifying additional actions to facilitate high quality, efficient,
and targeted environmental reviews and permitting decisions. The
sessions and the interagency collaborations they generate shall focus
on how to work with State and local transportation entities to improve
project planning, siting, and application quality and how to consult
and coordinate with relevant stakeholders and Federal, tribal, State,
and local representatives early in permitting processes.
``(d) Performance Measurement.--Not later than 1 year after the
date of enactment of the Comprehensive Transportation and Consumer
Protection Act of 2015, the Secretary of Transportation, in
coordination with the Steering Committee established under section 312
of this title, shall establish a program to measure and report on
progress towards aligning Federal reviews as outlined in this
section.''.
(b) Conforming Amendment.--The table of contents of subchapter I of
chapter 3 is amended by inserting after the item relating to section
309 the following:
``310. Aligning Federal environmental reviews.''.
SEC. 31105. MULTIMODAL CATEGORICAL EXCLUSIONS.
Section 304 is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``operating authority'' and
inserting ``operating administration or
secretarial office'';
(ii) by inserting ``has expertise but''
before ``is not the lead''; and
(iii) by inserting ``proposed multimodal''
before ``project'';
(B) by amending paragraph (2) to read as follows:
``(2) Lead authority.--The term `lead authority' means a
Department of Transportation operating administration or
secretarial office that has the lead responsibility for a
proposed multimodal project.''; and
(C) in paragraph (3), by striking ``has the meaning
given the term in section 139(a) of title 23'' and
inserting ``means an action by the Department of
Transportation that involves expertise of 1 or more
Department of Transportation operating administrations
or secretarial offices'';
(2) in subsection (b), by striking ``under this title'' and
inserting ``by the Secretary of Transportation'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``a categorical exclusion
designated under the implementing regulations
or'' and inserting ``categorical exclusions
designated under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)
implementing''; and
(ii) by striking ``other components of
the'' and inserting ``a proposed multimodal'';
(B) by amending paragraphs (1) and (2) to read as
follows:
``(1) the lead authority makes a preliminary determination
on the applicability of a categorical exclusion to a proposed
multimodal project and notifies the cooperating authority of
its intent to apply the cooperating authority categorical
exclusion;
``(2) the cooperating authority does not object to the lead
authority's preliminary determination of its applicability;'';
(C) in paragraph (3)--
(i) by inserting ``the lead authority
determines that'' before ``the component of'';
and
(ii) by inserting ``proposed multimodal''
before ``project to be covered''; and
(D) by amending paragraph (4) to read as follows:
``(4) the lead authority, with the concurrence of the
cooperating authority--
``(A) follows implementing regulations or
procedures under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
``(B) determines that the proposed multimodal
project does not individually or cumulatively have a
significant impact on the environment; and
``(C) determines that extraordinary circumstances
do not exist that merit additional analysis and
documentation in an environmental impact statement or
environmental assessment required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).''; and
(4) by amending subsection (d) to read as follows:
``(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. 31106. IMPROVING TRANSPARENCY IN ENVIRONMENTAL REVIEWS.
(a) In General.--Subchapter I of chapter 3, as amended by section
31104 of this Act, is further amended by inserting after section 310
the following:
``Sec. 311. Improving transparency in environmental reviews
``(a) In General.--Not later than 2 years after the date of
enactment of the Comprehensive Transportation and Consumer Protection
Act of 2015, the Secretary of Transportation shall establish an online
platform and, in coordination with Federal agencies described in
subsection (b), issue reporting standards to make publicly available
the status and progress with respect to compliance with applicable
requirements under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and any other Federal approval required under
applicable laws for projects and activities requiring an environmental
assessment or an environmental impact statement.
``(b) Federal Agency Participation.--A Federal agency of
jurisdiction over an approval required for a project under applicable
laws shall provide information regarding the status and progress of the
approval to the online platform, consistent with the standards
established under subsection (a).
``(c) Assignment of Responsibilities.--An entity with assigned
authority for responsibilities under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), under section 326 or section 327
of title 23 shall be responsible for supplying project development and
compliance status for all applicable projects.''.
(b) Conforming Amendment.--The table of contents of subchapter I of
chapter 3, as amended by section 31104 of this Act, is further amended
by inserting after the item relating to section 310, the following:
``311. Improving transparency in environmental reviews.''.
SEC. 31107. LOCAL TRANSPORTATION INFRASTRUCTURE 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), 104(b)(2), and 144; and'';
(B) in paragraph (2), by striking ``2005 through
2009'' and inserting ``2016 through 2021'';
(C) in paragraph (3), by striking ``2005 through
2009'' and inserting ``2016 through 2021''; and
(D) in paragraph (5), by striking ``section
133(d)(3)'' and inserting ``section 133(d)(4)''; and
(2) in subsection (k), by striking ``2005 through 2009''
and inserting ``2016 through 2021''.
SEC. 31108. AUTHORIZATION OF GRANTS FOR POSITIVE TRAIN CONTROL.
(a) In General.--There shall be available from the Mass Transit
Account of the Highway Trust Fund to carry out this section
$199,000,000 for fiscal year 2016 to assist in financing the
installation of positive train control systems.
(b) Programs.--The amounts made available under subsection (a) of
this section may be used to assist in financing the installation of
positive train control systems through--
(1) grants made under the rail safety technology grants
program under section 20158 of title 49, United States Code;
(2) grants made under the consolidated rail infrastructure
and safety improvements program under section 24408 of title
49, United States Code; and
(3) funding the cost, including the subsidy cost or cost of
credit risk premiums, of direct loans and loan guarantees under
sections 502 through 504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.).
(c) Eligible Recipients.--The amounts made available under
subsection (a) of this section may be used only to assist a recipient
of funds under chapter 53 of title 49, United States Code, through the
programs described in subsection (b).
(d) Project Management Oversight.--The Secretary may withhold up to
1 percent from the amounts made available under subsection (a) of this
section for the costs of project management oversight of grants
authorized under that subsection.
(e) Savings Clause.--Nothing in this section may be construed as
authorizing the amounts appropriated under subsection (a) to be used
for any purpose other than financing the installation of positive train
control systems.
(f) Grants Financed From Highway Trust Fund.--A grant, contract,
direct loan, or loan guarantee that is approved by the Secretary and
financed with amounts made available from the Mass Transit Account of
the Highway Trust Fund under this section is a contractual obligation
of the Government to pay the Government share of the cost of the
project.
(g) Availability of Amounts.--Notwithstanding subsection (h),
amounts made available under this section shall remain available until
expended.
(h) Sunset.--The Secretary of Transportation shall provide the
grants, direct loans, and loan guarantees under subsection (b) by
September 30, 2017.
Subtitle B--Research
SEC. 31201. FINDINGS.
Congress makes the followings findings:
(1) Federal transportation research planning and
coordination--
(A) should occur within the Office of the
Secretary; and
(B) should be, to the extent practicable, multi-
modal and not occur solely within the subagencies of
the Department of Transportation.
(2) Managing a multi-modal research portfolio within the
Office of the Secretary will--
(A) help identify opportunities where research
could be applied across modes; and
(B) prevent duplication of efforts and waste of
limited Federal resources.
(3) An ombudsman for research at the Department of
Transportation will--
(A) give stakeholders a formal opportunity to
address concerns;
(B) ensure unbiased research; and
(C) improve the overall research products of the
Department.
(4) Increasing transparency of transportation research
efforts will--
(A) build stakeholder confidence in the final
product; and
(B) lead to the improved implementation of research
findings.
SEC. 31202. MODAL RESEARCH PLANS.
(a) In General.--Not later than June 15 of the year preceding the
research fiscal year, the head of each modal administration and joint
program office of the Department of Transportation shall submit a
comprehensive annual modal research plan to the Assistant Secretary for
Research and Technology of the Department of Transportation (referred
to in this subtitle as the ``Assistant Secretary'').
(b) Review.--
(1) In general.--Not later than October 1 of each year, the
Assistant Secretary, for each plan submitted pursuant to
subsection (a), shall--
(A) review the scope of the research; and
(B)(i) approve the plan; or
(ii) request that the plan be revised.
(2) Publications.--Not later than January 30 of each year,
the Secretary shall publish each plan that has been approved
under paragraph (1)(B)(i) on a public website.
(3) Rejection of duplicative research efforts.--The
Assistant Secretary may not approve any plan submitted by the
head of a modal administration or joint program office pursuant
to subsection (a) if such plan duplicates the research efforts
of any other modal administration.
(c) Funding Limitations.--No funds may be expended by the
Department of Transportation on research that has not previously been
approved as part of a modal research plan approved by the Assistant
Secretary unless--
(1) such research is required by an Act of Congress;
(2) such research was part of a contract that was funded
before the date of enactment of this Act; or
(3) the Secretary of Transportation certifies to Congress
that such research is necessary before the approval of a modal
research plan.
(d) Duplicative Research.--
(1) In general.--Except as provided in paragraph (2), no
funds may be expended by the Department of Transportation on
research projects that the Secretary identifies as duplicative
under subsection (b)(3).
(2) Exceptions.--Paragraph (1) shall not apply to--
(A) updates to previously commissioned research;
(B) research commissioned to carry out an Act of
Congress; or
(C) research commissioned before the date of
enactment of this Act.
(e) Certification.--
(1) In general.--The Secretary shall annually certify to
Congress that--
(A) each modal research plan has been reviewed; and
(B) there is no duplication of study for research
directed, commissioned, or conducted by the Department
of Transportation.
(2) Corrective action plan.--If the Secretary, after
submitting a certification under paragraph (1), identifies
duplication of research within the Department of
Transportation, the Secretary shall--
(A) notify Congress of the duplicative research;
and
(B) submit a corrective action plan to Congress
that will eliminate such duplicative research.
SEC. 31203. CONSOLIDATED RESEARCH PROSPECTUS AND STRATEGIC PLAN.
(a) Prospectus.--
(1) In general.--The Secretary shall annually publish, on a
public website, a comprehensive prospectus on all research
projects conducted by the Department of Transportation,
including, to the extent practicable, research funded through
University Transportation Centers.
(2) Contents.--The prospectus published under paragraph (1)
shall--
(A) include the consolidated modal research plans
approved under section 1302;
(B) describe the research objectives, progress, and
allocated funds for each research project;
(C) identify research projects with multi-modal
applications;
(D) specify how relevant modal administrations have
assisted, will contribute to, or plan to use the
findings from the research projects identified under
paragraph (1);
(E) identify areas in which multiple modal
administrations are conducting research projects on
similar subjects or subjects which have bearing on
multiple modes;
(F) describe the interagency and cross modal
communication and coordination that has occurred to
prevent duplication of research efforts within the
Department of Transportation;
(G) indicate how research is being disseminated to
improve the efficiency and safety of transportation
systems;
(H) describe how agencies developed their research
plans; and
(I) describe the opportunities for public and
stakeholder input.
(b) Funding Report.--In conjunction with each of the President's
annual budget requests under section 1105 of title 31, United States
Code, the Secretary shall submit a report to appropriate committees of
Congress that describes--
(1) the amount spent in the last completed fiscal year on
transportation research and development; and
(2) the amount proposed in the current budget for
transportation research and development.
(c) Performance Plans and Reports.--In the plans and reports
submitted under sections 1115 and 1116 of title 31, United States Code,
the Secretary shall include--
(1) a summary of the Federal transportation research and
development activities for the previous fiscal year in each
topic area;
(2) the amount spent in each topic area;
(3) a description of the extent to which the research and
development is meeting the expectations set forth in subsection
(d)(3)(A); and
(4) any amendments to the strategic plan developed under
subsection (d).
(d) Transportation Research and Development Strategic Plan.--
(1) In general.--The Secretary shall develop a 5-year
transportation research and development strategic plan to guide
future Federal transportation research and development
activities.
(2) Consistency.--The strategic plan developed under
paragraph (1) shall be consistent with--
(A) section 306 of title 5, United States Code;
(B) sections 1115 and 1116 of title 31, United
States Code; and
(C) any other research and development plan within
the Department of Transportation.
(3) Contents.--The strategic plan developed under paragraph
(1) shall--
(A) describe the primary purposes of the
transportation research and development program, which
shall include--
(i) promoting safety;
(ii) reducing congestion;
(iii) improving mobility;
(iv) preserving the existing transportation
system;
(v) improving the durability and extending
the life of transportation infrastructure; and
(vi) improving goods movement;
(B) for each of the purposes referred to in
subparagraph (A), list the primary research and
development topics that the Department of
Transportation intends to pursue to accomplish that
purpose, which may include--
(i) fundamental research in the physical
and natural sciences;
(ii) applied research;
(iii) technology research; and
(iv) social science research intended for
each topic; and
(C) for each research and development topic--
(i) identify the anticipated annual funding
levels for the period covered by the strategic
plan; and
(ii) include any additional information the
Department of Transportation expects to
discover at the end of the period covered by
the strategic plan as a result of the research
and development in that topic area.
(4) Considerations.--The Secretary shall ensure that the
strategic plan developed under this section--
(A) reflects input from a wide range of
stakeholders;
(B) includes and integrates the research and
development programs of all the Department of
Transportation's modal administrations, including
aviation, transit, rail, and maritime; and
(C) takes into account how research and development
by other Federal, State, private sector, and nonprofit
institutions--
(i) contributes to the achievement of the
purposes identified under paragraph (3)(A); and
(ii) avoids unnecessary duplication of such
efforts.
(e) Technical and Conforming Amendments.--
(1) Chapter 5 of title 23.--Chapter 5 of title 23, United
States Code, is amended--
(A) by striking section 508;
(B) in the table of contents, by striking the item
relating to section 508;
(C) in section 502--
(i) in subsection (a)(9), by striking
``transportation research and technology
development strategic plan developed under
section 508'' and inserting ``transportation
research and development strategic plan under
section 31203 of the Comprehensive
Transportation and Consumer Protection Act of
2015''; and
(ii) in subsection (b)(4), by striking
``transportation research and development
strategic plan of the Secretary developed under
section 508'' and inserting ``transportation
research and development strategic plan under
section 31203 of the Comprehensive
Transportation and Consumer Protection Act of
2015''; and
(D) in section 512(b), by striking ``as part of the
transportation research and development strategic plan
developed under section 508''.
(2) Intelligent transportation systems.--Section 5205 of
the Intelligent Transportation Systems Act of 1998 (23 U.S.C.
502 note) is amended--
(A) in subsection (b), by striking ``as part of the
Surface Transportation Research and Development
Strategic Plan developed under section 508 of title 23,
United States Code'' and inserting ``as part of the
transportation research and development strategic plan
under section 31203 of the Comprehensive Transportation
and Consumer Protection Act of 2015''; and
(B) in subsection (e)(2)(A), by striking ``or the
Surface Transportation Research and Development
Strategic Plan developed under section 508 of title 23,
United States Code'' and inserting ``or the
transportation research and development strategic plan
under section 31203 of the Comprehensive Transportation
and Consumer Protection Act of 2015''.
(3) Intelligent transportation system research.--Subtitle C
of title V of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (23 U.S.C. 512
note) is amended--
(A) in section 5305(h)(3)(A), by striking ``the
strategic plan under section 508 of title 23, United
States Code'' and inserting ``the 5-year transportation
research and development strategic plan under section
31203 of the Comprehensive Transportation and Consumer
Protection Act of 2015''; and
(B) in section 5307(c)(2)(A), by striking ``or the
surface transportation research and development
strategic plan developed under section 508 of title 23,
United States Code'' and inserting ``or the 5-year
transportation research and development strategic plan
under section 31203 of the Comprehensive Transportation
and Consumer Protection Act of 2015''.
SEC. 31204. RESEARCH OMBUDSMAN.
(a) In General.--Subtitle III is amended by inserting after chapter
63 the following:
``CHAPTER 65--RESEARCH OMBUDSMAN
``Sec.
``6501. Research ombudsman.
``Sec. 6501. Research ombudsman
``(a) Establishment.--The Assistant Secretary for Research and
Technology shall appoint a career Federal employee to serve as Research
Ombudsman. This appointment shall not diminish the authority of peer
review of research.
``(b) Qualifications.--The Research Ombudsman appointed under
subsection (a), to the extent practicable--
``(1) shall have a background in academic research and a
strong understanding of sound study design;
``(2) shall develop a working knowledge of the stakeholder
communities and research needs of the transportation field; and
``(3) shall not have served as a political appointee of the
Department.
``(c) Responsibilities.--
``(1) Addressing complaints and questions.--The Research
Ombudsman shall--
``(A) receive complaints and questions about--
``(i) significant alleged omissions,
improprieties, and systemic problems; and
``(ii) excessive delays of, or within, a
specific research project; and
``(B) evaluate and address the complaints and
questions described in subparagraph (A).
``(2) Petitions.--
``(A) Review.--The Research Ombudsman shall review
petitions relating to--
``(i) conflicts of interest;
``(ii) the study design and methodology;
``(iii) assumptions and potential bias;
``(iv) the length of the study; and
``(v) the composition of any data sampled.
``(B) Response to petitions.--The Research
Ombudsman shall--
``(i) respond to relevant petitions within
a reasonable period;
``(ii) identify deficiencies in the
petition's study design; and
``(iii) propose a remedy for such
deficiencies to the administrator of the modal
administration responsible for completing the
research project.
``(C) Response to proposed remedy.--The
administrator of the modal administration charged with
completing the research project shall respond to the
proposed research remedy.
``(3) Required reviews.--The Research Ombudsman shall
evaluate the study plan for all statutorily required studies
and reports before the commencement of such studies to ensure
that the research plan has an appropriate sample size and
composition to address the stated purpose of the study.
``(d) Reports.--
``(1) In general.--Upon the completion of each review under
subsection (c), the Research Ombudsman shall--
``(A) submit a report containing the results of
such review to--
``(i) the Secretary;
``(ii) the head of the relevant modal
administration; and
``(iii) the study or research leader; and
``(B) publish such results on a public website,
with the modal administration response required under
subsection (c)(2)(C).
``(2) Independence.--Each report required under this
section shall be provided directly to the individuals described
in paragraph (1) without any comment or amendment from the
Secretary, the Deputy Secretary of Transportation, the head of
any modal administration of the Department, or any other
officer or employee of the Department or the Office of
Management and Budget.
``(e) Report to Inspector General.--The Research Ombudsman shall
submit any evidence of misfeasance, malfeasance, waste, fraud, or abuse
uncovered during a review under this section to the Inspector General
for further review.
``(f) Removal.--The Research Ombudsman shall be subject to adverse
employment action for misconduct or good cause in accordance with the
procedures and grounds set forth in chapter 75 of title 5.''.
(b) Technical and Conforming Amendment.--The table of chapters for
subtitle III is amended by inserting after the item relating to chapter
63 the following:
``65. Research ombudsman.................................... 6501''.
SEC. 31205. SMART CITIES TRANSPORTATION PLANNING STUDY.
(a) In General.--The Secretary shall conduct a study of digital
technologies and information technologies, including shared mobility,
data, transportation network companies, and on-demand transportation
services--
(1) to understand the degree to which cities are adopting
these technologies;
(2) to assess future planning, infrastructure and
investment needs; and
(3) to provide best practices to plan for smart cities in
which information and technology are used--
(A) to improve city operations;
(B) to grow the local economy;
(C) to improve response in times of emergencies and
natural disasters; and
(D) to improve the lives of city residents.
(b) Components.--The study conducted under subsection (a) shall--
(1) identify broad issues that influence the ability of the
United States to plan for and invest in smart cities, including
barriers to collaboration and access to scientific information;
and
(2) review how the expanded use of digital technologies,
mobile devices, and information may--
(A) enhance the efficiency and effectiveness of
existing transportation networks;
(B) optimize demand management services;
(C) impact low-income and other disadvantaged
communities;
(D) assess opportunities to share, collect, and use
data;
(E) change current planning and investment
strategies; and
(F) provide opportunities for enhanced coordination
and planning.
(c) Reporting.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall publish the report
containing the results of the study required under subsection (a) to a
public website.
SEC. 31206. BUREAU OF TRANSPORTATION STATISTICS INDEPENDENCE.
Section 6302 is amended by adding at the end the following:
``(d) Independence of Bureau.--
``(1) In general.--The Director shall not be required--
``(A) to obtain the approval of any other officer
or employee of the Department with respect to the
collection or analysis of any information; or
``(B) prior to publication, to obtain the approval
of any other officer or employee of the United States
Government with respect to the substance of any
statistical technical reports or press releases
lawfully prepared by the Director.
``(2) Budget authority.--The Director shall have a
significant role in the disposition and allocation of the
Bureau's authorized budget, including--
``(A) all hiring, grants, cooperative agreements,
and contracts awarded by the Bureau to carry out this
section; and
``(B) the disposition and allocation of amounts
paid to the Bureau for cost-reimbursable projects.
``(3) Exceptions.--The Secretary shall direct external
support functions, such as the coordination of activities
involving multiple modal administrations.
``(4) Information technology.--The Department Chief
Information Officer shall consult with the Director to ensure
decisions related to information technology guarantee the
protection of the confidentiality of information provided
solely for statistical purposes, in accordance with the
Confidential Information Protection and Statistical Efficiency
Act of 2002 (44 U.S.C. 3501 note).''.
SEC. 31207. CONFORMING AMENDMENTS.
(a) Title 49 Amendments.--
(1) Assistant secretaries; general counsel.--Section 102(e)
is amended--
(A) in paragraph (1), by striking ``5'' and
inserting ``6''; and
(B) in paragraph (1)(A), by inserting ``an
Assistant Secretary for Research and Technology,''
before ``and an Assistant Secretary''.
(2) Office of the assistant secretary for research and
technology of the department of transportation.--Section 112 is
repealed.
(3) Table of contents.--The table of contents of chapter 1
is amended by striking the item relating to section 112.
(4) Research contracts.--Section 330 is amended--
(A) in the section heading, by striking
``contracts'' and inserting ``activities'';
(B) in subsection (a), by inserting ``In General.--
'' before ``The Secretary'';
(C) in subsection (b), by inserting
``Responsibilities.--'' before ``In carrying out'';
(D) in subsection (c), by inserting
``Publications.--'' before ``The Secretary''; and
(E) by adding at the end the following:
``(d) Duties.--The Secretary shall provide for the following:
``(1) Coordination, facilitation, and review of the
Department's 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.
``(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--
``(A) to conduct research into transportation
service and infrastructure assurance; and
``(B) to carry out other research activities of the
Department;
``(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
Research Council of the National Academy of Sciences, State
departments of transportation, cities, counties, institutions
of higher education, associations, and the agents of those
entities to carry out joint transportation research and
technology efforts.
``(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 paragraph (1).
``(g) Program Evaluation and Oversight.--For 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
necessary expenses for administration and operations of the Office of
the Assistant Secretary for Research and Technology for the
coordination, evaluation, and oversight of the programs administered
under this section.
``(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.''.
(5) Table of contents.--The item relating to section 330 in
the table of contents of chapter 3 is amended by striking
``Contracts'' and inserting ``Activities''.
(6) Bureau of transportation statistics.--Section 6302(a)
is amended to read as follows:
``(a) In General.--There shall be within the Department the Bureau
of Transportation Statistics.''.
(b) Title 5 Amendments.--
(1) Positions at level ii.--Section 5313 of title 5, United
States Code, is amended by striking ``Under Secretary of
Transportation for Security.''.
(2) Positions at level iii.--Section 5314 of title 5,
United States Code, is amended by striking ``Administrator,
Research and Innovative Technology Administration.''.
(3) Positions at level iv.--Section 5315 of title 5, United
States Code, is amended by striking ``(4)'' in the undesignated
item relating to Assistant Secretaries of Transportation and
inserting ``(5)''.
(4) Positions at level v.--Section 5316 is amended by
striking ``Associate Deputy Secretary, Department of
Transportation.''.
SEC. 31208. REPEAL OF OBSOLETE OFFICE.
(a) In General.--Section 5503 is repealed.
(b) Table of Contents.--The table of contents of chapter 55 is
amended by striking the item relating to section 5503.
Subtitle C--Port Performance Act
SEC. 31301. SHORT TITLE.
This subtitle may be cited as the ``Port Performance Act''.
SEC. 31302. FINDINGS.
Congress finds the following:
(1) America's ports play a critical role in the Nation's
transportation supply chain network.
(2) Reliable and efficient movement of goods through the
Nation's ports ensures that American goods are available to
customers throughout the world.
(3) Breakdowns in the transportation supply chain network,
particularly at the Nation's ports, can result in tremendous
economic losses for agriculture, businesses, and retailers that
rely on timely shipments.
(4) A clear understanding of terminal and port productivity
and throughput should help--
(A) to identify freight bottlenecks;
(B) to indicate performance and trends over time;
and
(C) to inform investment decisions.
SEC. 31303. PORT PERFORMANCE FREIGHT STATISTICS PROGRAM.
(a) In General.--Chapter 63 is amended by adding at the end the
following:
``Sec. 6314. Port performance freight statistics program
``(a) In General.--The Director shall establish, on behalf of the
Secretary, a port performance statistics program to provide nationally
consistent measures of performance of, at a minimum--
``(1) the Nation's top 25 ports by tonnage;
``(2) the Nation's top 25 ports by 20-foot equivalent unit;
and
``(3) the Nation's top 25 ports by dry bulk.
``(b) Annual Reports.--
``(1) Port capacity and throughput.--Not later than January
15 of each year, the Director shall submit an annual report to
Congress that includes statistics on capacity and throughput at
the ports described in subsection (a).
``(2) Port performance measures.--The Director shall
collect monthly port performance measures for each of the
United States ports referred to in subsection (a) that receives
Federal assistance or is subject to Federal regulation to
submit an annual report to the Bureau of Transportation
Statistics that includes monthly statistics on capacity and
throughput as applicable to the specific configuration of the
port.
``(A) Monthly measures.--The Director shall collect
monthly measures, including--
``(i) the average number of lifts per hour
of containers by crane;
``(ii) the average vessel turn time by
vessel type;
``(iii) the average cargo or container
dwell time;
``(iv) the average truck time at ports;
``(v) the average rail time at ports; and
``(vi) any additional metrics, as
determined by the Director after receiving
recommendations from the working group
established under subsection (c).
``(B) Modifications.--The Director may consider a
modification to a metric under subparagraph (A) if the
modification meets the intent of the section.
``(c) Recommendations.--
``(1) In general.--The Director shall obtain
recommendations for--
``(A) specifications and data measurements for the
port performance measures listed in subsection (b)(2);
``(B) additionally needed data elements for
measuring port performance; and
``(C) a process for the Department of
Transportation to collect timely and consistent data,
including identifying safeguards to protect proprietary
information described in subsection (b)(2).
``(2) Working group.--Not later than 60 days after the date
of the enactment of the Port Performance Act, the Director
shall commission a working group composed of--
``(A) operating administrations of the Department
of Transportation;
``(B) the Coast Guard;
``(C) the Federal Maritime Commission;
``(D) U.S. Customs and Border Protection;
``(E) the Marine Transportation System National
Advisory Council;
``(F) the Army Corps of Engineers;
``(G) the Saint Lawrence Seaway Development
Corporation;
``(H) the Advisory Committee on Supply Chain
Competitiveness;
``(I) 1 representative from the rail industry;
``(J) 1 representative from the trucking industry;
``(K) 1 representative from the maritime shipping
industry;
``(L) 1 representative from a labor organization
for each industry described in subparagraphs (I)
through (K);
``(M) 1 representative from a port authority;
``(N) 1 representative from a terminal operator;
``(O) representatives of the National Freight
Advisory Committee of the Department; and
``(P) representatives of the Transportation
Research Board of the National Academies.
``(3) Recommendations.--Not later than 1 year after the
date of the enactment of the Port Performance Act, the working
group commissioned under this subsection shall submit its
recommendations to the Director.
``(d) Access to Data.--The Director shall ensure that the
statistics compiled under this section are readily accessible to the
public, consistent with applicable security constraints and
confidentiality interests.''.
(b) Prohibition on Certain Disclosures.--Section 6307(b)(1) is
amended by inserting ``or section 6314(b)'' after ``section
6302(b)(3)(B)'' each place it appears.
(c) Copies of Reports.--Section 6307(b)(2)(A) is amended by
inserting ``or section 6314(b)'' after ``section 6302(b)(3)(B)''.
(d) Technical and Conforming Amendment.--The table of contents for
chapter 63 is amended by adding at the end the following:
``6314. Port performance freight statistics program.''.
TITLE XXXII--COMMERCIAL MOTOR VEHICLE AND DRIVER PROGRAMS
Subtitle A--Compliance, Safety, and Accountability Reform
SEC. 32001. CORRELATION STUDY.
(a) In General.--The Administrator of the Federal Motor Carrier
Safety Administration (referred to in this subtitle as the
``Administrator'') shall commission the National Research Council of
the National Academies to conduct a study of--
(1) the Safety Measurement System (referred to in this
subtitle as ``SMS''); and
(2) the Compliance, Safety, Accountability program
(referred to in this subtitle as the ``CSA program'').
(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
subtitle as ``BASIC'') safety measures used by SMS--
(i) identify high risk drivers and
carriers; and
(ii) predict or be correlated with future
crash risk, crash severity, or other safety
indicators for individual drivers, motor
carriers, and the highest risk 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, in order to accurately identify
and predict 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 data
gaps and insufficiencies on the efficacy of the CSA
program; and
(E) the accuracy of data processing; and
(2) should consider--
(A) whether the current SMS provides comparable
precision and confidence for SMS alerts and percentiles
for the relative crash risk of individual large and
small motor carriers;
(B) whether alternative systems would identify high
risk carriers or identify high risk drivers and motor
carriers more accurately; and
(C) the recommendations and findings of the
Comptroller General of the United States and the
Inspector General, and independent review team reports
issued before the date of the 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 completed study to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Committee on Transportation and Infrastructure of
the House of Representatives;
(3) the Inspector General of the Department of
Transportation; and
(4) the Comptroller General of the United States.
(d) Corrective Action Plan.--
(1) In general.--Not later than 120 days after the
Administrator submits a report under subsection (c) that
identifies a deficiency or opportunity for improvement in the
CSA program or in any element of SMS, the Administrator shall
submit a corrective action plan to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that--
(A) responds to the concerns highlighted by the
report;
(B) identifies how the Federal Motor Carrier Safety
Administration will address such concerns; and
(C) provides an estimate of the cost, including
changes in staffing, enforcement, and data collection
necessary to implement the recommendations.
(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 of Transportation that relates to the CSA
program, including the SMS data sets or analysis.
(e) Inspector General Review.--Not later than 120 days after the
Administrator issues a corrective action plan under subsection (d), the
Inspector General of the Department of Transportation shall--
(1) review the extent to which such plan implements--
(A) recommendations contained in the report
submitted under subsection (c); and
(B) recommendations issued by the Comptroller
General or the Inspector General before the date of
enactment of this Act; and
(2) submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on the responsiveness of the corrective action
plan to the recommendations described in paragraph (1).
(f) Fiscal Limitation.--The Administrator shall carry out the study
required under this section using amounts appropriated to the Federal
Motor Carrier Safety Administration and available for obligation and
expenditure as of the date of the enactment of this Act.
SEC. 32002. SAFETY IMPROVEMENT METRICS.
(a) In General.--The Administrator shall incorporate a methodology
into the CSA program or establish a third-party process to allow
recognition, including credit, improved score, or by establishing a
safety BASIC in SMS for safety technology, tools, programs, and systems
approved by the Administrator through the qualification process
developed under subsection (b) that exceed regulatory requirements or
are used to enhance safety performance, including--
(1) the installation of qualifying advanced safety
equipment, such as--
(A) collision mitigation systems;
(B) lane departure warnings;
(C) speed limiters;
(D) electronic logging devices;
(E) electronic stability control;
(F) critical event recorders; and
(G) strengthening rear guards and sideguards for
underride protection;
(2) the use of enhanced driver fitness measures that exceed
current regulatory requirements, such as--
(A) additional new driver training;
(B) enhanced and ongoing driver training; and
(C) remedial driver training to address specific
deficiencies as identified in roadside inspection or
enforcement reports;
(3) the adoption of qualifying administrative fleet safety
management tools technologies, driver performance and behavior
management technologies, and programs; and
(4) technologies and measures identified through the
process described in subsection (c).
(b) Qualification.--The Administrator, through a notice and comment
process, shall develop technical or other performance standards for
technology, advanced safety equipment, enhanced driver fitness
measures, tools, programs, or systems used by motor carriers that will
qualify for credit under this section.
(c) Additional Requirements.--In modifying the CSA program under
subsection (a), the Administrator, through notice and comment, shall
develop a process for identifying and reviewing other technology,
advanced safety equipment, enhanced driver fitness measures, tools,
programs, or systems used by motor carriers to improve safety
performance that--
(1) provides for a petition for reviewing technology,
advanced safety equipment, enhanced driver fitness measures,
tools, programs, or systems;
(2) seeks input and participation from industry
stakeholders, including drivers, technology manufacturers,
vehicle manufacturers, motor carriers, enforcement communities,
and safety advocates, and the Motor Carrier Safety Advisory
Committee; and
(3) includes technology, advanced safety equipment,
enhanced driver fitness measures, tools, programs, or systems
with a date certain for future statutory or regulatory
implementation.
(d) Safety Improvement Metrics Use and Verification.--The
Administrator, through notice and comment process, shall develop a
process for--
(1) providing recognition or credit within a motor
carrier's SMS score for the installation and use of measures in
paragraphs (1) through (4) of subsection (a);
(2) ensuring that the safety improvement metrics developed
under this section are presented with other SMS data;
(3) verifying the installation or use of such technology,
advanced safety equipment, enhanced driver fitness measures,
tools, programs, or systems;
(4) modifying or removing recognition or credit upon
verification of noncompliance with this section;
(5) ensuring that the credits or recognition referred to in
paragraph (1) reflect the safety improvement anticipated as a
result of the installation or use of the specific technology,
advanced safety equipment, enhanced driver fitness measure,
tool, program, or system;
(6) verifying the deployment and use of qualifying
equipment or management systems by a motor carrier through a
certification from the vehicle manufacturer, the system or
service provider, the insurance carrier, or through documents
submitted by the motor carrier to the Department of
Transportation;
(7) annually reviewing the list of qualifying safety
technology, advanced safety equipment, enhanced driver fitness
measures, tools, programs, or systems; and
(8) removing systems mandated by law or regulation, or if
such systems demonstrate a lack of efficacy, from the list of
qualifying technologies, advanced safety equipment, enhanced
driver fitness measures, tools, programs, or systems eligible
for credit under the CSA program.
(e) Dissemination of Information.--The Administrator shall maintain
a public website that contains information regarding--
(1) the technology, advanced safety equipment, enhanced
driver fitness measures, tools, programs, or systems eligible
for credit and improved scores;
(2) any petitions for study of the technology, advanced
safety equipment, enhanced driver fitness measures, tools,
programs, or systems; and
(3) statistics and information relating to the use of such
technology, advanced safety equipment, enhanced driver fitness
measures, tools, programs, or systems.
(f) Public Report.--Not later than 1 year after the establishment
of the Safety Improvement Metrics System (referred to in this section
as ``SIMS'') under this section, and annually thereafter, the
Administrator shall publish, on a public website, a report that
identifies--
(1) the types of technology, advanced safety equipment,
enhanced driver fitness measures, tools, programs, or systems
that are eligible for credit;
(2) the number of instances in which each technology,
advanced safety equipment, enhanced driver fitness measure,
tool, program, or system is used;
(3) the number of motor carriers, and a description of the
carrier's fleet size, that received recognition or credit under
the modified CSA program; and
(4) the pre- and post-adoption safety performance of the
motor carriers described in paragraph (3).
(g) Implementation and Oversight Responsibility.--The Administrator
shall ensure that the activities described in subsections (a) through
(f) of this section are not required under section 31102 of title 49,
United States Code, as amended by this Act.
(h) Evaluation.--
(1) In general.--Not later than 2 years after the
implementation of SIMS under this section, the Administrator
shall conduct an evaluation of the effectiveness of SIMS by
reviewing the impacts of SIMS on--
(A) law enforcement, commercial drivers and motor
carriers, and motor carrier safety; and
(B) safety and adoption of new technologies.
(2) Report.--Not later than 30 months after the
implementation of the program, the Administrator shall submit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that describes--
(A) the results of the evaluation conducted under
paragraph (1); and
(B) the actions the Federal Motor Carrier Safety
Administration plans to take to modify the
demonstration program based on such results.
(i) Use of Estimates of Safety Effects.--In conducting regulatory
impact analyses for rulemakings relating to the technology, advanced
safety equipment, enhanced driver fitness measures, tools, programs, or
systems selected for credit under the CSA program, the Administrator,
to the extent practicable, shall use the data gathered under this
section and appropriate statistical methodology, including sufficient
sample sizes, composition, and appropriate comparison groups, including
representative motor carriers of all sizes, to estimate the effects on
safety performance and reduction in the number and severity of
accidents with qualifying technology, advanced safety equipment, tools,
programs, and systems.
(j) Savings Provision.--Nothing in this section may be construed to
provide the Administrator with additional authority to change the
requirements for the operation of a commercial motor vehicle.
SEC. 32003. DATA CERTIFICATION.
(a) Limitation.--Beginning not later than 1 day after the date of
enactment of this Act, none of the analysis of violation information,
enforcement prioritization, not-at-fault crashes, alerts, or the
relative percentile for each Behavioral Analysis and Safety Improvement
Category developed through the CSA program may be made available to the
general public, but violation and inspection information submitted by
the States may be presented, until the Inspector General of the
Department of Transportation certifies that--
(1) any deficiencies identified in the correlation study
required under section 32001 have been addressed;
(2) the corrective action plan has been implemented and the
concerns raised by the correlation study under section 32001
have been addressed;
(3) the Administrator has fully implemented or
satisfactorily addressed the issues raised in the February 2014
GAO report entitled ``Modifying the Compliance, Safety,
Accountability Program Would Improve the Ability to Identify
High Risk Carriers'' (GAO-14-114), which called into question
the accuracy and completeness of safety performance
calculations;
(4) the study required under section 32001 has been
published on a public website; and
(5) the CSA program has been modified in accordance with
section 32002.
(b) Limitation on Use of CSA Analysis.--The enforcement
prioritization, alerts, or the relative percentile for each Behavioral
Analysis and Safety Improvement Category developed through the CSA
program within the SMS system may not be used for safety fitness
determinations until the requirements under subsection (a) have been
satisfied.
(c) Continued Public Availability of Data.--Inspection and
violation information submitted to the Federal Motor Carrier Safety
Administration by commercial motor vehicle inspectors and qualified law
enforcement officials shall remain available for public viewing.
(d) Exceptions.--
(1) In general.--Notwithstanding the limitations set forth
in subsections (a) and (b)--
(A) the Federal Motor Carrier Safety Administration
and State and local commercial motor vehicle
enforcement agencies may only use the information
referred to in subsection (a) for purposes of
investigation and enforcement prioritization;
(B) motor carriers and commercial motor vehicle
drivers may access information referred to in
subsection (a) that relates directly to the motor
carrier or driver, respectively; and
(C) the data analysis of motorcoach operators may
be provided online, with a notation indicating that the
ratings or alerts listed are not intended to imply any
Federal safety rating of the carrier.
(2) Notation.--The notation described under paragraph
(1)(C) shall include: ``Readers should not draw conclusions
about a carrier's overall safety condition simply based on the
data displayed in this system. Unless a motor carrier has
received an UNSATISFACTORY safety rating under part 385 of
title 49, Code of Federal Regulations, or has otherwise been
ordered to discontinue operations by the Federal Motor Carrier
Safety Administration, it is authorized to operate on the
Nation's roadways.''.
(3) Limitation.--Nothing in subparagraphs (A) and (B) of
paragraph (1) may be construed to restrict the official use by
State enforcement agencies of the data collected by State
enforcement personnel.
(e) Certification.--The certification process described in
subsection (a) shall occur concurrently with the implementation of SIMS
under section 32002.
(f) Completion.--The Secretary shall modify the CSA program in
accordance with section 32002 not later than 1 year after the date of
completion of the report described in section 32001(c).
SEC. 32004. DATA IMPROVEMENT.
(a) Functional Specifications.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall develop
functional specifications to ensure the consistent and accurate input
of data into systems and databases relating to the CSA program.
(b) Functionality.--The specifications developed pursuant to
subsection (a)--
(1) shall provide for the hardcoding and smart logic
functionality for roadside inspection data collection systems
and databases; and
(2) shall be made available to public and private sector
developers.
(c) Effective Data Management.--The Administrator shall ensure that
internal systems and databases accept and effectively manage data using
uniform standards.
(d) Consultation With the States.--Before implementing the
functional specifications described in subsection (a) or the standards
described in subsection (c), the Administrator shall seek input from
the State agencies responsible for enforcing section 31102 of title 49,
United States Code.
SEC. 32005. ACCIDENT REPORT INFORMATION.
(a) Review.--The Administrator shall initiate a demonstration
program that allows motor carriers and drivers to request a review of
crashes, and the removal of crash data for use in the Federal Motor
Carrier Safety Administration's safety measurement system of crashes,
and removal from any weighting, or carrier safety analysis, if the
commercial motor vehicle was operated legally and another motorist in
connection with the crash is found--
(1) to have been driving under the influence;
(2) to have been driving the wrong direction on a roadway;
(3) to have struck the commercial motor vehicle in the
rear;
(4) to have struck the commercial motor vehicle which was
legally stopped;
(5) by the investigating officer or agency to have been
responsible for the crash; or
(6) to have committed other violations determined by the
Administrator.
(b) Documents.--As part of a request for review under subsection
(a), the motor carrier or driver shall submit a copy of available
police reports, crash investigations, judicial actions, insurance claim
information, and any related court actions submitted by each party
involved in the accident.
(c) Solicitation of Other Information.--Following a notice and
comment period, the Administrator may solicit other types of
information to be collected under subsection (b) to facilitate
appropriate reviews under this section.
(d) Evaluation.--The Federal Motor Carrier Safety Administration
shall review the information submitted under subsections (b) and (c).
(e) Results.--Subject to subsection (h)(2), the results of the
review under subsection (a)--
(1) shall be used to recalculate the motor carrier's crash
BASIC percentile;
(2) if the carrier is determined not to be responsible for
the crash incident, such information, shall be reflected on the
website of the Federal Motor Carrier Safety Administration; and
(3) shall not be admitted as evidence or otherwise used in
a civil action.
(f) Fee System.--
(1) Establishment.--The Administrator may establish a fee
system, in accordance with section 9701 of title 31, United
States Code, in which a motor carrier is charged a fee for each
review of a crash requested by such motor carrier under this
section.
(2) Disposition of fees.--Fees collected under this
section--
(A) may be credited to the Department of
Transportation appropriations account for purpose of
carrying out this section; and
(B) shall be used to fully fund the operation of
the review program authorized under this section.
(g) Review and Report.--Not earlier than 2 years after the
establishment of the demonstration program under this section, the
Administrator shall--
(1) conduct a review of the internal crash review program
to determine if other crash types should be included; and
(2) submit a report to Congress that describes--
(A) the number of crashes reviewed;
(B) the number of crashes for which the commercial
motor vehicle operator was determined not to be at
fault; and
(C) relevant information relating to the program,
including the cost to operate the program and the fee
structure established.
(h) Implementation and Oversight Responsibility.--
(1) In general.--The Administrator shall ensure that the
activities described in subsections (a) through (d) of this
section are not required under section 31102 of title 49,
United States Code, as amended by this Act.
(2) Reviews involving fatalities.--If a review under
subsection (a) involves a fatality, the Inspector General of
the Department of Transportation shall audit and certify the
review prior to making any changes under subsection (e).
SEC. 32006. POST-ACCIDENT REPORT REVIEW.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall convene a working group--
(1) to review the data elements of post-accident reports,
for tow-away accidents involving commercial motor vehicles,
that are reported to the Federal Government; and
(2) to report to the Secretary its findings and any
recommendations, including best practices for State post-
accident reports to achieve the data elements described in
subsection (c).
(b) Composition.--Not less than 51 percent of the working group
should be composed of individuals representing the States or State law
enforcement officials. The remaining members of the working group shall
represent industry, labor, safety advocates, and other interested
parties.
(c) Considerations.--The working group shall consider requiring
additional data elements, including--
(1) the primary cause of the accident, if the primary cause
can be determined;
(2) the physical characteristics of the commercial motor
vehicle and any other vehicle involved in the accident,
including--
(A) the vehicle configuration;
(B) the gross vehicle weight if the weight can be
readily determined;
(C) the number of axles; and
(D) the distance between axles, if the distance can
be readily determined; and
(3) any data elements that could contribute to the
appropriate consideration of requests under section 32005.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall--
(1) review the findings of the working group;
(2) identify the best practices for State post-accident
reports that are reported to the Federal Government, including
identifying the data elements that should be collected
following a tow-away commercial motor vehicle accident; and
(3) recommend to the States the adoption of new data
elements to be collected following reportable commercial motor
vehicle accidents.
SEC. 32007. RECOGNIZING EXCELLENCE IN SAFETY.
(a) In General.--The Administrator shall establish a program to
publicly recognize motor carriers and drivers whose safety records and
programs exceed compliance with the Federal Motor Carrier Safety
Administration's safety regulations and demonstrate clear and
outstanding safety practices.
(b) Restriction.--The program established under subsection (a) may
not be deemed to be an endorsement of, or a preference for, motor
carriers or drivers recognized under the program.
SEC. 32008. HIGH RISK CARRIER REVIEWS.
(a) In General.--After the completion of the certification under
section 32003 of this Act, and the establishment of the Safety Fitness
Determination program, the Secretary shall ensure that a review is
completed on each motor carrier that demonstrates through performance
data that it poses the highest safety risk. At a minimum, a review
shall be conducted whenever a motor carrier is among the highest risk
carriers for 4 consecutive months.
(b) Report.--Not later than 180 days after the completion of the
certification under section 32003 of this Act and the establishment of
the Safety Fitness Determination program, the Secretary shall post on a
public website a report on the actions the Secretary has taken to
comply with this section, including the number of high risk carriers
identified and the high risk carriers reviewed.
(c) Conforming Amendment.--Section 4138 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users (49
U.S.C. 31144 note) is repealed.
Subtitle B--Transparency and Accountability
SEC. 32201. PETITIONS FOR REGULATORY RELIEF.
(a) Applications for Regulatory Relief.--Notwithstanding subpart C
of part 381 of title 49, Code of Federal Regulations, the Secretary
shall allow an applicant representing a class or group of motor
carriers to apply for a specific exemption from any provision of the
regulations under part 395 of title 49, Code of Federal Regulations,
for commercial motor vehicle drivers.
(b) Review Process.--
(1) In general.--The Secretary shall establish the
procedures for the application for and the review of an
exemption under subsection (a).
(2) Publication.--Not later than 30 days after the date of
receipt of an application for an exemption, the Secretary shall
publish the application in the Federal Register and provide the
public with an opportunity to comment.
(3) Public comment.--
(A) In general.--Each application shall be
available for public comment for a 30-day period, but
the Secretary may extend the opportunity for public
comment for up to 60 days if it is a significant or
complex request.
(B) Review.--Beginning on the date that the public
comment period under subparagraph (A) ends, the
Secretary shall have 60 days to review all of the
comments received.
(4) Determination.--At the end of the 60-day period under
paragraph (3)(B), the Secretary shall publish a determination
in the Federal Register, including--
(A) the reason for granting or denying the
application; and
(B) if the application is granted--
(i) the specific class of persons eligible
for the exemption;
(ii) each provision of the regulations to
which the exemption applies; and
(iii) any conditions or limitations applied
to the exemption.
(5) Considerations.--In making a determination whether to
grant or deny an application for an exemption, the Secretary
shall consider the safety impacts of the request and may
provide appropriate conditions or limitations on the use of the
exemption.
(c) Opportunity for Resubmission.--If an application is denied and
the applicant can reasonably address the reason for the denial, the
Secretary may allow the applicant to resubmit the application.
(d) Period of Applicability.--
(1) In general.--Except as provided in paragraph (2) of
this subsection and subsection (f), each exemption granted
under this section shall be valid for a period of 5 years
unless the Secretary identifies a compelling reason for a
shorter exemption period.
(2) Renewal.--At the end of the 5-year period under
paragraph (1)--
(A) the Secretary, at the Secretary's discretion,
may renew the exemption for an additional 5-year
period; or
(B) an applicant may apply under subsection (a) for
a permanent exemption from each applicable provision of
the regulations.
(e) Limitation.--No exemption under this section may be granted to
or used by any motor carrier that has an unsatisfactory or conditional
safety fitness determination.
(f) Permanent Exemptions.--
(1) In general.--The Secretary shall make permanent the
following limited exceptions:
(A) Department of Defense Military Surface
Deployment and Distribution Command transport of
weapons, munitions, and sensitive classified cargo as
published in the Federal Register Volume 80 on April
16, 2015 (80 Fed. Reg. 20556).
(B) Department of Energy transport of security-
sensitive radioactive materials as published in the
Federal Register Volume 80 on June 22, 2015 (80 Fed.
Reg. 35703).
(C) Motor carriers that transport hazardous
materials shipments requiring security plans under
regulations of the Pipeline and Hazardous Materials
Safety Administration as published in the Federal
Register Volume 80 on May 1, 2015 (80 Fed. Reg. 25004).
(D) Perishable construction products as published
in the Federal Register Volume 80 on April 2, 2015 (80
Fed. Reg. 17819).
(E) Passenger vehicle record of duty status change
as published in the Federal Register Volume 80 on June
4, 2015 (80 Fed. Reg. 31961).
(F) Transport of commercial bee hives as published
in the Federal Register Volume 80 on June 19, 2018. (80
Fed. Reg. 35425).
(G) Specialized carriers and drivers responsible
for transporting loads requiring special permits as
published in the Federal Register Volume 80 on June 18,
2015 (80 Fed. Reg. 34957).
(H) Safe transport of livestock as published in the
Federal Register Volume 80 on June 12, 2015 (80 Fed.
Reg. 33584).
(2) Additional exemptions.--The Secretary may make any
temporary exemption from any provision of the regulations under
part 395 of title 49, Code of Federal Regulations, for
commercial motor vehicle drivers that is in effect on the date
of enactment of this Act permanent if the Secretary determines
that the permanent exemption will not degrade safety. The
Secretary shall provide public notice and comment on a list of
the additional temporary exemptions to be made permanent under
this paragraph.
(3) Revocation of exemptions.--The Secretary may revoke an
exemption issued under this section if the Secretary can
demonstrate that the exemption has had a negative impact on
safety.
SEC. 32202. INSPECTOR STANDARDS.
Not later than 90 days after the date of enactment of this Act, the
Administrator of the Federal Motor Carrier Safety Administration shall
revise the regulations under part 385 of title 49, Code of Federal
Regulations, as necessary, to incorporate by reference the
certification standards for roadside inspectors issued by the
Commercial Vehicle Safety Alliance.
SEC. 32203. TECHNOLOGY IMPROVEMENTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Government Accountability Office shall conduct a
comprehensive analysis on the Federal Motor Carrier Safety
Administration's information technology and data collection and
management systems.
(b) Requirements.--The study conducted under subsection (a) shall--
(1) evaluate the efficacy of the existing information
technology, data collection, processing systems, 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 and
programs described in paragraph (1);
(3) explore the feasibility of consolidating data
collection and processing systems;
(4) evaluate the ability of the systems and programs
described in paragraph (1) to meet the needs of--
(A) the Federal Motor Carrier Safety
Administration, at both the headquarters and State
level;
(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 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 any and all user interfaces;
and
(7) evaluate 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 and
programs described in paragraph (1).
Subtitle C--Trucking Rules Updated by Comprehensive and Key Safety
Reform
SEC. 32301. UPDATE ON STATUTORY REQUIREMENTS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, and every 90 days thereafter until a final rule has been
issued for each of the requirements described under paragraphs (1)
through (5), 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 on the status
of a final rule for--
(1) the minimum entry-level training requirements for an
individual operating a commercial motor vehicle under section
31305(c) of title 49, United States Code;
(2) motor carrier safety fitness determinations;
(3) visibility of agricultural equipment under section
31601 of division C of the Moving Ahead for Progress in the
21st Century Act (49 U.S.C. 30111 note);
(4) regulations to require commercial motor vehicles in
interstate commerce and operated by a driver subject to the
hours of service and record of duty status requirements under
part 395 of title 49, Code of Federal Regulations, be equipped
with an electronic control module capable of limiting the
maximum speed of the vehicle; and
(5) any outstanding commercial motor vehicle safety
regulation required by law and incomplete for more than 2
years.
(b) Contents.--Each report under subsection (a) shall include a
description of the work plan, an updated rulemaking timeline, current
staff allocations, any resource constraints, and any other details
associated with the development of the rulemaking.
SEC. 32302. STATUTORY RULEMAKING.
The Administrator of the Federal Motor Carrier Safety
Administration shall prioritize the use of Federal Motor Carrier Safety
Administration resources for the completion of each outstanding
statutory requirement for a rulemaking before beginning any new
rulemaking unless the Secretary certifies to Congress that there is a
significant need to move forward with a new rulemaking.
SEC. 32303. GUIDANCE REFORM.
(a) Guidance.--
(1) Point of contact.--Each guidance document, other than a
regulatory action, issued by the Federal Motor Carrier Safety
Administration shall have a date of publication or a date of
revision, as applicable, and the name and contact information
of a point of contact at the Federal Motor Carrier Safety
Administration who can respond to questions regarding the
general applicability of the guidance.
(2) Public accessibility.--
(A) In general.--Each guidance document and
interpretation issued by the Federal Motor Carrier
Safety Administration shall be published on the
Department of Transportation's public website on the
date of issuance.
(B) Redaction.--The Administrator of the Federal
Motor Carrier Safety Administration may redact from a
guidance document or interpretation under subparagraph
(A) any information that would reveal investigative
techniques that would compromise Federal Motor Carrier
Safety Administration enforcement efforts.
(3) Rulemaking.--Not later than 5 years after the date that
a guidance document is published under paragraph (2) or during
the comprehensive review under subsection (c), whichever is
earlier, the Secretary, in consultation with the Administrator,
shall revise the applicable regulations to incorporate the
guidance document to the extent practicable.
(4) Reissuance.--If a guidance document is not incorporated
into the applicable regulations under paragraph (3), the
Secretary shall--
(A) reissue an updated guidance document; and
(B) review and reissue an updated guidance document
every 5 years during the comprehensive review process
under subsection (c) until the date that the guidance
document is removed or incorporated into the applicable
regulations under paragraph (3) of this subsection.
(b) Update.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall review regulations, guidance, and
enforcement policies published on the Department of Transportation's
public website to ensure the regulations, guidance, and enforcement
policies are current, readily accessible to the public, and meet the
standards under subsection (c)(1).
(c) Review.--
(1) In general.--Subject to paragraph (2), not less than
once every 5 years, the Administrator of the Federal Motor
Carrier Safety Administration shall conduct a comprehensive
review of its guidance and enforcement policies to determine
whether--
(A) the guidance and enforcement policies are
consistent and clear;
(B) the guidance is uniformly and consistently
enforceable; and
(C) the guidance is still necessary.
(2) Notice and comment.--Prior to beginning the review, the
Administrator shall publish in the Federal Register a notice
and request for comment soliciting input from stakeholders on
which regulations should be updated or eliminated.
(3) Prioritization of outstanding petitions.--As part of
the review under paragraph (1), the Administrator shall
prioritize consideration of each outstanding petition (as
defined in section 32304(b) of this Act) submitted by a
stakeholder for rulemaking.
(4) Report.--
(A) In general.--Not later than 60 days after the
date that a review under paragraph (1) is complete, the
Administrator shall publish on the Department of
Transportation's public website a report detailing the
review and a full inventory of guidance and enforcement
policies.
(B) Inclusions.--The report under subparagraph (A)
of this paragraph shall include a summary of the
response of the Federal Motor Carrier Safety
Administration to each comment received under paragraph
(2) indicating each request the Federal Motor Carrier
Safety Administration is granting.
SEC. 32304. PETITIONS.
(a) In General.--The Administrator of the Federal Motor Carrier
Safety Administration shall--
(1) publish on the Department of Transportation's public
website all petitions for regulatory action submitted;
(2) prioritize stakeholder petitions based on the
likelihood of providing safety improvements;
(3) formally respond to each petition by indicating whether
the Administrator will accept, deny, or further review, the
petition not later than 180 days after the date the petition is
published under paragraph (1);
(4) prioritize resulting actions consistent with an
action's potential to reduce crashes, improve enforcement, and
reduce unnecessary burdens; and
(5) not later than 60 days after the date of receipt,
publish, and update as necessary, on the Department of
Transportation's public website an inventory of the petitions
described in paragraph (1), including any applicable
disposition information for that petition.
(b) Definition of Petition.--In this section, the term ``petition''
means a request for new regulations, regulatory interpretations or
clarifications, or retrospective review of regulations to eliminate or
modify obsolete, ineffective, or overly-burdensome rules.
SEC. 32305. REGULATORY REFORM.
(a) Regulatory Impact Analysis.--
(1) In general.--Within each regulatory impact analysis of
a proposed or final rule issued by the Federal Motor Carrier
Safety Administration, the Secretary shall whenever
practicable--
(A) consider effects of the proposed or final rule
on a carrier with differing characteristics; and
(B) formulate estimates and findings on the best
available science.
(2) Scope.--To the extent feasible and appropriate, and
consistent with law, the analysis described in paragraph (1)
shall--
(A) use data generated from a representative sample
of commercial vehicle operators, motor carriers, or
both, that will be covered under the proposed or final
rule; and
(B) consider effects on commercial truck and bus
carriers of various sizes and types.
(b) Public Participation.--
(1) In general.--Before promulgating a proposed rule under
part B of subtitle VI of title 49, United States Code, if the
proposed rule is likely to lead to the promulgation of a major
rule the Secretary shall--
(A) issue an advance notice of proposed rulemaking;
or
(B) determine to proceed with a negotiated
rulemaking.
(2) Requirements.--Each advance notice of proposed
rulemaking issued under paragraph (1) shall--
(A) identify the compelling public concern for a
potential regulatory action, such as failures of
private markets to protect or improve the safety of the
public, the environment, or the well-being of the
American people;
(B) identify and request public comment on the best
available science or technical information on the need
for regulatory action and on the potential regulatory
alternatives;
(C) request public comment on the benefits and
costs of potential regulatory alternatives reasonably
likely to be included or analyzed as part of the notice
of proposed rulemaking; and
(D) request public comment on the available
alternatives to direct regulation, including providing
economic incentives to encourage the desired behavior.
(3) Waiver.--This subsection shall not apply when 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) an advance notice of proposed
rulemaking impracticable, unnecessary, or contrary to the
public interest.
(c) Savings Clause.--Nothing in this section may be construed to
limit the contents of any Advance Notice of Proposed Rulemaking.
Subtitle D--State Authorities
SEC. 32401. 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
of Transportation;
(C) emergency response or recovery experts;
(D) relevant safety groups; and
(E) persons 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) hurdles currently exist that prevent the expeditious
State approval for 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 an
emergency;
(3) a State could pre-designate an emergency route
identified under paragraph (1) 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 period of emergency recovery;
and
(4) an online map could be created to identify each pre-
designated emergency route under paragraph (2), including
information on specific limitations, obligations, and
notification requirements along that route.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the working group shall submit to the Secretary a report of
its findings under this section and any recommendations for the
implementation of the best practices for expeditious State approval of
special permits for vehicles involved in emergency recovery. Upon
receipt, the Secretary shall publish the report on a public website.
(d) Federal Advisory Committee Act Exemption.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the working group
established under this section.
SEC. 32402. ADDITIONAL STATE AUTHORITY.
Notwithstanding any other provision of law, not later than 180 days
after the date of enactment of this Act, any State impacted by section
4006 of the Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102-240; 105 Stat. 2148) shall be provided the option to
update the routes listed in the final list as long as the update shifts
routes to divided highways or does not increase centerline miles by
more than 5 percent and the change is expected to increase safety
performance.
SEC. 32403. COMMERCIAL DRIVER ACCESS.
(a) Interstate Compact Pilot Program.--
(1) In general.--The Administrator of the Federal Motor
Carrier Safety Administration may establish a 6-year pilot
program to study the feasibility, benefits, and safety impacts
of allowing a licensed driver between the ages of 18 and 21 to
operate a commercial motor vehicle in interstate commerce.
(2) Interstate compacts.--The Secretary shall allow States,
including the District of Columbia, to enter into an interstate
compact with contiguous States to allow a licensed driver
between the ages of 18 and 21 to operate a motor vehicle across
the applicable State lines. The Secretary shall approve as many
as 3 interstate compacts, with no more than 4 States per
compact participating in each interstate compact.
(3) Mutual recognition of licenses.--A valid intrastate
commercial driver's licenses issued by a State participating in
an interstate compact under paragraph (2) shall be recognized
as valid not more than 100 air miles from the border of the
driver's State of licensure in each State that is participating
in that interstate compact.
(4) Standards.--In developing an interstate compact under
this subsection, participating States shall provide for minimum
licensure standards acceptable for interstate travel under this
section, which may include, for a licensed driver between the
ages of 18 and 21 participating in the pilot program--
(A) age restrictions;
(B) distance from origin (measured in air miles);
(C) reporting requirements; or
(D) additional hours of service restrictions.
(5) Limitations.--An interstate compact under paragraph (2)
may not permit special configuration or hazardous cargo
operations to be transported by a licensed driver under the age
of 21.
(6) Additional requirements.--The Secretary may--
(A) prescribe such additional requirements,
including training, for a licensed driver between the
ages of 18 and 21 participating in the pilot program as
the Secretary considers necessary; and
(B) provide risk mitigation restrictions and
limitations.
(b) Approval.--An interstate compact under subsection (a)(2) may
not go into effect until it has been approved by the governor of each
State (or the Mayor of the District of Columbia, if applicable) that is
a party to the interstate compact, after consultation with the
Secretary of Transportation and the Administrator of the Federal Motor
Carrier Safety Administration.
(c) Data Collection.--The Secretary shall collect and analyze data
relating to accidents (as defined in section 390.5 of title 49, Code of
Federal Regulations) in which a driver under the age of 21
participating in the pilot program is involved.
(d) Report.--Beginning 3 years after the date the first compact is
established and approved, the Secretary shall submit to Congress a
report containing the data collection and findings of the pilot
program, a determination of whether a licensed driver between the ages
of 18 and 21 can operate a commercial motor vehicle in interstate
commerce with an equivalent level of safety, and the reasons for that
determination. The Secretary may extend the air mileage requirements
under subsection (a)(3) to expand operation areas and gather additional
data for analysis.
(e) Termination.--The Secretary may terminate the pilot program if
the data collected under subsection (c) indicates that drivers under
the age of 21 do not operate in interstate commerce with an equivalent
level of safety of those drivers age 21 and over.
Subtitle E--Motor Carrier Safety Grant Consolidation
SEC. 32501. DEFINITIONS.
(a) In General.--Section 31101 is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) `Secretary' means the Secretary of Transportation.''.
(b) Technical and Conforming Amendments.--Section 31101, as amended
by subsection (a), is amended--
(1) in paragraph (1)(B), by inserting a comma after
``passengers''; and
(2) in paragraph (1)(C), by striking ``of Transportation''.
SEC. 32502. GRANTS TO STATES.
(a) Motor Carrier Safety Assistance Program.--Section 31102 is
amended to read as follows:
``Sec. 31102. Motor Carrier Safety Assistance Program
``(a) In General.--The Secretary 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--
``(1) by making targeted investments to promote safe
commercial motor vehicle transportation, including the
transportation of passengers and hazardous materials;
``(2) by investing in activities likely to generate maximum
reductions in the number and severity of commercial motor
vehicle crashes and fatalities resulting from such crashes;
``(3) by adopting and enforcing effective motor carrier,
commercial motor vehicle, and driver safety regulations and
practices consistent with Federal requirements; and
``(4) by assessing and improving statewide performance by
setting program goals and meeting performance standards,
measures, and benchmarks.
``(c) State Plans.--
``(1) In general.--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, adopting and enforcing
compatible 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 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 in the plan
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 under 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 of this title,
and regulations issued under these 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
both 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
of this title 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 station, terminal, border
crossing, maintenance facility, destination, or other
location where adequate food, shelter, and sanitation
facilities are available for passengers, and reasonable
accommodations are available for passengers with
disabilities;
``(X) ensures that the State will transmit to its
roadside inspectors the notice of each Federal
exemption granted under section 31315(b) of this title
and sections 390.23 and 390.25 of title 49 of the Code
of Federal Regulations and provided to the State by the
Secretary, including the name of the person granted the
exemption and any terms and conditions that apply to
the exemption;
``(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) of this title; 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 system management under section 31106(b)
not later than October 1, 2020, by complying with the
conditions for participation under paragraph (3) of
that section;
``(AA) provides that a State that shares a land
border with another country--
``(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) provides that a State that meets the other
requirements of this section and agrees to comply with
the requirements established in subsection (l)(3) 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 the
Department of Transportation's public website not later
than 30 days after the date the Secretary approves the
plan or update.
``(B) Limitation.--Before posting 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 32508 of the
Comprehensive Transportation and Consumer Protection 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 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 32508 of the Comprehensive Transportation
and Consumer Protection 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 32508 of the Comprehensive
Transportation and Consumer Protection 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 1
fiscal year if the Secretary determines that a 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 State expenditure 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 of this title 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 of this title or
maintenance of effort required by subsection (f) of this section.
``(h) Use of Grants To Enforce Other Laws.--When approved in the
States' plan under subsection (c), a 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;
``(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; and
``(3) for the enforcement of household goods regulations on
intrastate and interstate carriers if the State has adopted
laws or regulations compatible with the Federal household goods
regulations.
``(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 in 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
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 32508 of the Comprehensive Transportation and Consumer
Protection 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 an approved
State plan 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 the
State plan previously approved is not being followed or
has become inadequate to ensure enforcement of the
regulations, standards, or orders, or the State is
otherwise not in compliance with the requirements of
this section, the Secretary may withdraw approval of
the plan and notify the State. The plan is no longer in
effect once the State receives notice, and the
Secretary shall withhold all funding under this
section.
``(B) Noncompliance withholding.--In lieu of
withdrawing approval of the plan, the Secretary may,
after providing notice 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 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 Financial Assistance Program.--
``(1) In general.--The Secretary shall administer a high
priority financial assistance program funded under section
31104 for the purposes described in paragraphs (2) and (3).
``(2) Activities related to motor carrier safety.--The
purpose of this paragraph is to make discretionary grants to
and 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 non-commercial motor vehicles in areas
identified as high risk crash corridors;
``(C) support the enforcement of State household
goods regulations on intrastate and interstate carriers
if the State has adopted laws or regulations compatible
with the Federal household good laws;
``(D) improve the safe and secure movement of
hazardous materials;
``(E) improve safe transportation of goods and
persons in foreign commerce;
``(F) demonstrate new technologies to improve
commercial motor vehicle safety;
``(G) 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;
``(H) 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
``(I) 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 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 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
both sections 31104(a)(1) and 31104(a)(2) of this
title.''.
(b) Commercial Motor Vehicle Operators Grant Program.--Section
31103 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) Authorization of Appropriations.--Section 31104 is amended 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 for the
following Federal Motor Carrier Safety Administration Financial
Assistance Programs:
``(1) Motor carrier safety assistance program.--Subject to
paragraph (2) of this subsection and subsection (c) of this
section, to carry out section 31102--
``(A) $295,636,000 for fiscal year 2017;
``(B) $301,845,000 for fiscal year 2018;
``(C) $308,183,000 for fiscal year 2019;
``(D) $314,655,000 for fiscal year 2020; and
``(E) $321,263,000 for fiscal year 2021.
``(2) High priority activities financial assistance
program.--Subject to subsection (c), to make grants and
cooperative agreements under section 31102(l) of this title,
the Secretary may set aside from amounts made available under
paragraph (1) of this subsection up to--
``(A) $42,323,000 for fiscal year 2017;
``(B) $43,212,000 for fiscal year 2018;
``(C) $44,119,000 for fiscal year 2019;
``(D) $45,046,000 for fiscal year 2020; and
``(E) $45,992,000 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
financial assistance program.--Subject to subsection (c), to
carry out section 31313--
``(A) $31,273,000 for fiscal year 2017;
``(B) $31,930,000 for fiscal year 2018;
``(C) $32,600,000 for fiscal year 2019;
``(D) $33,285,000 for fiscal year 2020; and
``(E) $33,984,000 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 these 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 section 31102, 31103, or 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
these 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.--
``(1) In general.--The period of availability for a
recipient to expend a grant or cooperative agreement authorized
under subsection (a) is as follows:
``(A) For grants made for carrying out section
31102, other than section 31102(l), for the fiscal year
in which it is obligated and for the next fiscal year.
``(B) For grants or cooperative agreements made for
carrying out section 31102(l)(2), for the fiscal year
in which it is obligated and for the next 2 fiscal
years.
``(C) For grants made for carrying out section
31102(l)(3), for the fiscal year in which it is
obligated and for the next 4 fiscal years.
``(D) For grants made for carrying out section
31103, for the fiscal year in which it is obligated and
for the next fiscal year.
``(E) For grants or cooperative agreements made for
carrying out 31313, for the fiscal year in which it is
obligated and for the next 4 fiscal years.
``(2) Reobligation.--Amounts not expended by a recipient
during the period of availability shall be released back to the
Secretary for reobligation for any purpose under sections
31102, 31103, 31104, and 31313 in accordance with subsection
(i) of this section.
``(g) Contract Authority; Initial Date of Availability.--Amounts
authorized from the Highway Trust Fund 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.
``(i) Transfer of Obligation Authority.--
``(1) In general.--Of the contract authority authorized for
motor carrier safety grants, the Secretary shall have authority
to transfer available unobligated contract authority and
associated liquidating cash within or between Federal financial
assistance programs authorized under this section and make new
Federal financial assistance awards under this section.
``(2) Cost estimates.--Of the funds transferred, the
contract authority and associated liquidating cash or
obligations and expenditures stemming from Federal financial
assistance awards made with this contract authority shall not
be scored as new obligations by the Office of Management and
Budget or by the Secretary.
``(3) No limitation on total of obligations.--
Notwithstanding any other provision of law, no limitation on
the total of obligations for Federal financial assistance
programs carried out by the Federal Motor Carrier Safety
Administration under this section shall apply to unobligated
funds transferred under this subsection.''.
(d) Technical and Conforming Amendments.--
(1) Safety fitness of owners and operator; safety reviews
of new operators.--Section 31144(g) is amended by striking
paragraph (5).
(2) Information systems; performance and registration
information program.--Section 31106(b) is amended by striking
paragraph (4).
(3) Border enforcement grants.--Section 31107 is repealed.
(4) Performance and registration information system
management.--Section 31109 is repealed.
(5) Table of contents.--The table of contents of chapter
311 is amended--
(A) by striking the items relating to 31107 and
31109; and
(B) 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.''.
(6) Grants for commercial driver's license program
implementation.--Section 31313(a), as amended by section 32506
of this Act, is further amended by striking ``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)'' and inserting
``The Secretary of Transportation shall administer a financial
assistance program for commercial driver's license program
implementation funded under section 31104 of this title for the
purposes described in paragraphs (1) and (2)''.
(7) Commercial vehicle information systems and networks
deployment.--Section 4126 of SAFETEA-LU (49 U.S.C. 31106 note)
is repealed.
(8) Safety data improvement program.--Section 4128 of
SAFETEA-LU (49 U.S.C. 31100 note) is repealed.
(9) Grant program for commercial motor vehicle operators.--
Section 4134 of SAFETEA-LU (49 U.S.C. 31301 note) is repealed.
(10) Winter home heating oil delivery state flexibility
program.--Section 346 of National Highway System Designation
Act of 1995 (49 U.S.C. 31166 note) is repealed.
(11) 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.
(12) 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.
(13) 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 ``under 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).
(e) Effective Date.--The amendments made by this section shall take
effect on October 1, 2016.
(f) 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 (d) of this section, 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. 32503. NEW ENTRANT SAFETY REVIEW PROGRAM STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Office of Inspector General of the Department of
Transportation shall report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure in the House of Representatives on its assessment of the
new operator safety review program, required under section 31144(g) of
title 49, United States Code, including the program's effectiveness in
reducing commercial motor vehicles involved in crashes, fatalities, and
injuries, and in improving commercial motor vehicle safety.
(b) Report.--Not later than 90 days after completion of the report
under subsection (a), the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure in the House of Representatives a
report on the actions the Secretary will take to address any
recommendations included in the study under subsection (a).
(c) Paperwork Reduction Act of 1995; Exception.--The study and the
Office of the Inspector General assessment shall not be subject to
section 3506 or section 3507 of title 44, United States Code.
SEC. 32504. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS
MANAGEMENT.
Section 31106(b) is amended in the heading by striking ``Program''
and inserting ``Systems Management''.
SEC. 32505. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subchapter I of chapter 311 is amended by adding
at the end the following:
``Sec. 31110. Authorization of appropriations
``(a) Administrative Expenses.--There are 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) $264,439,000 for fiscal year 2016;
``(2) $269,992,000 for fiscal year 2017;
``(3) $275,662,000 for fiscal year 2018;
``(4) $281,451,000 for fiscal year 2019;
``(5) $287,361,000 for fiscal year 2020; and
``(6) $293,396,000 for fiscal year 2021.
``(b) Use of Funds.--The funds authorized by this section shall be
used--
``(1) for personnel costs;
``(2) for administrative infrastructure;
``(3) for rent;
``(4) for information technology;
``(5) for programs for research and technology, information
management, regulatory development, the administration of the
performance and registration information systems management;
``(6) for programs for outreach and education under
subsection (d);
``(7) to fund the motor carrier safety facility working
capital fund established under subsection (c);
``(8) for other operating expenses;
``(9) to conduct safety reviews of new operators; and
``(10) for 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) Motor Carrier Safety Facility Working Capital Fund.--
``(1) In general.--The Secretary may establish a motor
carrier safety facility working capital fund.
``(2) Purpose.--Amounts in the fund shall be available for
modernization, construction, leases, and expenses related to
vacating, occupying, maintaining, and expanding motor carrier
safety facilities, and associated activities.
``(3) Availability.--Amounts in the fund shall be available
without regard to fiscal year limitation.
``(4) Funding.--Amounts may be appropriated to the fund
from the amounts made available in subsection (a).
``(5) Fund transfers.--The Secretary may transfer funds to
the working capital fund from the amounts made available in
subsection (a) or from other funds as identified by the
Secretary.
``(d) Outreach and Education Program.--
``(1) In general.--The Secretary may conduct, through any
combination of grants, contracts, cooperative agreements, or
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 program for which a grant, contract, or cooperative
agreement is made under this subsection may be up to 100
percent of the cost of the grant, contract, or cooperative
agreement.
``(3) Funding.--From amounts made available in subsection
(a), the Secretary shall make available such sums as are
necessary to carry out this subsection each fiscal year.
``(e) Contract Authority; Initial Date of Availability.--Amounts
authorized from the Highway Trust Fund 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.
``(f) Funding Availability.--Amounts made available under this
section shall remain available until expended.
``(g) 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) Technical and Conforming Amendments.--
(1) Administrative expenses; authorization of
appropriations.--Section 31104 is amended--
(A) by striking subsection (i); and
(B) by redesignating subsections (j) and (k) and
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 is amended by
striking ``31104(i)'' and inserting ``31110''.
(4) SAFETEA-LU; outreach and education.--Section 4127 of
SAFETEA-LU (119 Stat. 1741; Public Law 109-59) is repealed.
(5) Table of contents.--The table of contents of subchapter
I of chapter 311 is amended by adding at the end the following:
``31110. Authorization of appropriations.''.
SEC. 32506. COMMERCIAL DRIVER'S LICENSE PROGRAM IMPLEMENTATION.
(a) In General.--Section 31313 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.--The Secretary of Transportation may
make a grant to a State agency in a fiscal year--
``(A) to comply with the requirements of section
31311;
``(B) in the case of a State that is making a good
faith effort toward substantial compliance with the
requirements of section 31311, to improve its
implementation of its commercial driver's license
program, including expenses--
``(i) for computer hardware and software;
``(ii) for publications, testing,
personnel, training, and quality control;
``(iii) for commercial driver's license
program coordinators; 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
or cooperative agreement in a fiscal year to a State agency,
local government, or any person for research, development or
testing, demonstration projects, public education, or other
special activities and projects relating to commercial driver's
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 State or recipient
described in subsection (a)(2) according to criteria prescribed by the
Secretary.''.
(b) Technical and Conforming Amendments.--The table of contents of
chapter 313 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. 32507. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY PROGRAMS FOR
FISCAL YEAR 2016.
(a) Motor Carrier Safety Assistance Program Grant Extension.--
Section 31104(a) is amended--
(1) in the matter preceding paragraph (1), by inserting
``and, for fiscal year 2016, sections 31102, 31107, and 31109
of this title and section 4128 of SAFETEA-LU (49 U.S.C. 31100
note)'' after ``31102'';
(2) in paragraph (9), by striking ``and'' at the end; and
(3) by striking paragraph (10) and inserting the following:
``(10) $218,000,000 for fiscal year 2015; and
``(11) `$259,000,000 for fiscal year 2016.''.
(b) Extension of Grant Programs.--Section 4101(c) SAFETEA-LU (119
Stat. 1715; Public Law 109-59), is amended to read as follows:
``(c) Grant Programs Funding.--There are authorized to be
appropriated from the Highway Trust Fund the following sums for the
following Federal Motor Carrier Safety Administration programs:
``(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, $30,000,000 for fiscal year 2016.
``(2) Border enforcement grants.--From amounts made
available under section 31104(a) of title 49, United States
Code, for border enforcement grants under section 31107 of that
title, $32,000,000 for fiscal year 2016.
``(3) Performance and registration information systems
management grant programs.--From amounts made available under
section 31104(a) of title 49, United States Code, for the
performance and registration information systems management
grant program under section 31109 of that title, $5,000,000 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 (the innovative technology deployment
program), $25,000,000, for fiscal year 2016.
``(5) Safety data improvement grants.--From amounts made
available under section 31104(a) of title 49, United States
Code, for safety data improvement grants under section 4128 of
this Act, $3,000,000 for fiscal year 2016.''.
(c) High-priority Activities.--Section 31104(j)(2), as redesignated
by section 32505 of this Act is amended by striking ``2015'' and
inserting ``2016''.
(d) New Entrant Audits.--Section 31144(g)(5)(B) is amended to read
as follows:
``(B) Set aside.--The Secretary shall set aside
from amounts made available by section 31104(a) up to
$32,000,000 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 the commercial motor
vehicle operators grant program.''.
(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 towards 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. 32508. 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
(referred to in this section 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 a new motor carrier safety
assistance program allocation formula.
(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 Motor Carrier Safety Assistance Program
allocation formula.
(5) FACA 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 public website
summaries of its meetings, and the final recommendation
provided to the Secretary.
(b) Notice of Proposed Rulemaking.--After receiving the
recommendation under subsection (a)(4), the Secretary shall publish in
the Federal Register a notice seeking public comment on a new
allocation formula for the motor carrier safety assistance program
under section 31102 of title 49, United States Code.
(c) Basis for Formula.--The Secretary shall ensure that the new
allocation formula 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 section 31102 of
title 49, United States Code;
(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 a New Allocation
Formula.--
(1) Interim formula.--Prior to the development of the new
allocation formula, the Secretary may calculate the interim
funding amounts for the motor carrier safety assistance 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 section 32502 of this Act, by the following
methodology:
(A) The Secretary shall calculate the funding
amount using the allocation formula the Secretary used
to award motor carrier safety assistance program
funding in fiscal year 2016 under section 2507 of this
Act.
(B) The Secretary shall average the funding awarded
or other equitable amounts to a State in fiscal years
2013, 2014, and 2015 for border enforcement grants
awarded under section 32603(c) of MAP-21 (126 Stat.
807; Public Law 112-141) and new entrant audit grants
awarded under that section, or other equitable amounts.
(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 under section 32603(a) of MAP-21 (126 Stat.
807; Public Law 112-141);
(B) border enforcement grants awarded under section
32603(a) of MAP-21 (126 Stat. 807; Public Law 112-141);
and
(C) new entrant audit grants awarded under section
32603(a) of MAP-21 (126 Stat. 807; Public Law 112-141).
(3) Immediate relief.--In developing the new allocation
formula, the Secretary shall provide immediate relief for at
least 3 fiscal years to all States currently subject to the
withholding provisions of Motor Carrier Safety Assistance
Program funds for matters of noncompliance.
(4) Future withholdings.--Beginning on the date that the
new allocation formula is implemented, the Secretary shall
impose all future withholdings in accordance with section
31102(k) of title 49, United States Code, as amended by section
32502 of this Act.
(e) Termination of Effectiveness.--This section expires upon the
implementation of a new Motor Carrier Safety Assistance Program
Allocation Formula.
SEC. 32509. MAINTENANCE OF EFFORT CALCULATION.
(a) Before New Allocation Formula.--
(1) Fiscal year 2017.--If a new allocation formula has not
been established for fiscal year 2017, then, for fiscal year
2017, the Secretary of Transportation shall calculate the
maintenance of effort required under section 31102(f) of title
49, United States Code, as amended by section 32502 of this
Act, by averaging the expenditures for fiscal years 2004 and
2005 required by section 32601(a)(5) of MAP-21 (Public Law 112-
141), 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 for
fiscal year 2017 and each fiscal year thereafter if a new
allocation formula has not been established.
(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 is
established under section 2508, upon the request of a State,
the Secretary may modify the baseline maintenance of effort
required by section 31102(e) of title 49, United States Code,
as amended by section 32502 of this Act, 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 section 32502 of this
Act, does not exceed a sum greater than the average of
the total amount of State maintenance of effort and
matching expenditures 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
according to the following methodology:
(A) The Secretary shall establish the maintenance
of effort using the average of fiscal years 2004 and
2005, as required by section 32601(a)(5) of MAP-21
(Public Law 112-141).
(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 section 32502 of this
Act.
(D) The Secretary will subtract the amount in
subparagraph (B) from the amount in subparagraph (C)
and--
(i) if the number is greater than 0, then
the Secretary shall subtract the number from
the amount in subparagraph (A); or
(ii) if the number is not greater than 0,
then 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 in paragraph (2) as the baseline maintenance
of effort required in section 31102(f) of title 49,
United States Code, as amended by section 32502 of this
Act.
(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 the new allocation formula under section
32508, the Secretary shall calculate the maintenance of
effort using the methodology in paragraph (2)(A) of
this subsection.
(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 section 32502 of this Act.
(c) Termination of Effectiveness.--The authority under this section
terminates effective on the date that the new maintenance of effort is
calculated based on the new allocation formula implemented under
section 32508.
Subtitle F--Miscellaneous Provisions
SEC. 32601. WINDSHIELD TECHNOLOGY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall revise the regulations in
section 393.60(e) of title 49, Code of Federal Regulations (relating to
the prohibition on obstructions to the driver's field of view) to
exempt from that section the voluntary mounting on a windshield of
vehicle safety technology likely to achieve a level of safety that is
equivalent to or greater than the level of safety that would be
achieved absent the exemption.
(b) Definition of Vehicle Safety Technology.--In this section,
``vehicle safety technology'' includes fleet-related incident
management system, performance or behavior management system, speed
management system, lane departure warning system, forward collision
warning or mitigation system, active cruise control system, and any
other technology that the Secretary considers applicable.
(c) Rule of Construction.--For purposes of this section, any
windshield mounted technology with a short term exemption under part
381 of title 49, Code of Federal Regulations, on the day before the
date of enactment of this Act, shall be considered likely to achieve a
level of safety that is equivalent to or greater than the level of
safety that would be achieved absent an exemption under subsection (a).
SEC. 32602. ELECTRONIC LOGGING DEVICES REQUIREMENTS.
Section 31137(b) 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 `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. 32603. LAPSE OF REQUIRED FINANCIAL SECURITY; SUSPENSION OF
REGISTRATION.
Section 13906(e) is amended by inserting ``or suspend'' after
``revoke''.
SEC. 32604. ACCESS TO NATIONAL DRIVER REGISTER.
Section 30305(b) is amended by adding at the end the following:
``(13) The Administrator of the Federal Motor Carrier
Safety Administration may request the chief driver licensing
official of a State to provide information under subsection (a)
of this section about an individual in connection with a safety
investigation under the Administrator's jurisdiction.''.
SEC. 32605. STUDY ON COMMERCIAL MOTOR VEHICLE DRIVER COMMUTING.
(a) Effects of Commuting.--The Administrator of the Federal Motor
Carrier Safety Administration shall conduct a study of the effects of
motor carrier operator commutes exceeding 150 minutes commuting time on
safety and commercial motor vehicle driver fatigue.
(b) Study.--In conducting the study, the Administrator shall
consider--
(1) the prevalence of driver commuting in the commercial
motor vehicle industry, including the number and percentage of
drivers who commute;
(2) the distances traveled, time zones crossed, time spent
commuting, and methods of transportation used;
(3) research on the impact of excessive commuting on safety
and commercial motor vehicle driver fatigue;
(4) the commuting practices of commercial motor vehicle
drivers and policies of motor carriers;
(5) the Federal Motor Carrier Safety Administration
regulations, policies, and guidance regarding driver commuting;
and
(6) any other matters the Administrator considers
appropriate.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Administrator shall submit to Congress a report
containing the findings under the study and any recommendations for
legislative action concerning driver commuting.
SEC. 32606. 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, at a minimum, 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 one year after the date of
enactment of this Act, the working group shall make the
recommendations described in paragraph (1) which the Secretary
shall publish on a public website.
(d) Report.--Not later than 1 year after the date on which the
working group makes its recommendations, the Secretary shall issue a
report to Congress on the implementation of such recommendations.
(e) Federal Advisory Committee Act Exemption.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the working group
established under this section.
(f) Termination.--The working group shall terminate 2 years after
the date of enactment of this Act.
SEC. 32607. INTERSTATE VAN OPERATIONS.
Section 4136 of SAFETEA-LU (Public Law 109-59; 119 Stat. 1745; 49
U.S.C. 3116 note) is amended by inserting ``with the exception of
commuter vanpool operations, which shall remain exempt'' before the
period at the end.
SEC. 32608. REPORT ON DESIGN AND IMPLEMENTATION OF WIRELESS ROADSIDE
INSPECTION SYSTEMS.
(a) In General.--Not later than 180 days 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 Transportation and Infrastructure of the House of Representatives a
report regarding the design, development, testing, and implementation
of wireless roadside inspection systems.
(b) Elements.--The report required under subsection (a) shall
include a determination as to whether wireless roadside inspection
systems--
(1) conflict with existing non-Federal electronic screening
systems, or create capabilities already available;
(2) require additional statutory authority to incorporate
generated inspection data into the safety measurement system or
the safety fitness determinations program; and
(3) provide appropriate restrictions to specifically
address privacy concerns of affected motor carriers and
operators.
SEC. 32609. MOTORCOACH HOURS OF SERVICE STUDY.
(a) Requirement Before Implementing New Rules.--
(1) In general.--The Secretary may not amend, adjust, or
revise the driver hours of service regulations for motor
carriers of passengers, by rulemaking or any other means, until
the Secretary conducts a formal study that properly accounts
for operational differences and variances in crash data for
drivers in intercity motorcoach service and interstate property
carrier operations and between segments of the intercity
motorcoach industry.
(2) Contents.--The study required under paragraph (1) shall
include--
(A) the impact of the current hours of service
regulations for motor carriers of passengers on
fostering safe operation of intercity motorcoaches;
(B) the separation of the failures of the current
passenger carrier hours-of-service regulations and the
lack of enforcement of the current regulations by
Federal and State agencies;
(C) the correlation of noncompliance with current
passenger carrier hours of service rule to passenger
carrier accidents using data from 2000 through 2013;
and
(D) how passenger carrier crashes could have been
mitigated by any changes to passenger carrier hours of
service rules.
(b) Emergency Regulations.--Nothing in this section may be
construed to affect the Secretary's existing authority to provide
relief from the hours of service regulations in the event of an
emergency under section 390.232 of title 49, Code of Federal
Regulations.
SEC. 32610. 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.
SEC. 32611. USE OF HAIR TESTING FOR PREEMPLOYMENT AND RANDOM CONTROLLED
SUBSTANCES TESTS.
(a) Short Title.--This section may be cited as the ``Drug Free
Commercial Driver Act of 2015''.
(b) Authorization of Hair Testing as an Acceptable Procedure for
Preemployment and Random Controlled Substance Tests.--Section 31306 is
amended--
(1) in subsection (b)(1)--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(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 inserting 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
urinalysis--
``(I) in conducting preemployment screening for the
use of a controlled substance; and
``(II) in conducting random screening for the use
of a controlled substance by individuals who were
subject to preemployment screening.''; and
(2) in subsection (c)(2)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by inserting ``and'' after
the semicolon; and
(C) 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;''.
(c) Exemption From Mandatory Urinalysis.--
(1) In general.--Any motor carrier that demonstrates, to
the satisfaction of the Administrator of the Federal Motor
Carrier Safety Administration, in consultation with the
Department of Health and Human Services, that it can carry out
an applicable hair testing program, consistent with generally
accepted industry standards, to detect the use of a controlled
substance by commercial motor vehicle operators, may apply to
the Administrator for an exemption from the mandatory
urinalysis testing requirements set forth in subpart C of part
382 of title 49, Code of Federal Regulations until a final rule
is issued implementing the amendments made by subsection (b).
(2) Evaluation of applications.--
(A) In general.--In evaluating applications for an
exemption under paragraph (1), the Administrator, in
consultation with the Department of Health and Human
Services, shall determine if the applicant's testing
program employs procedures and protections similar to
fleets that have carried out hair testing programs for
at least 1 year.
(B) Requirements.--A testing program may not
receive an exemption under paragraph (1) unless the
applicable testing laboratories--
(i) have obtained laboratory accreditation
specific to hair testing from an accrediting
body, compliant with international or other
Federal standards, as appropriate, such as the
College of American Pathologists; and
(ii) utilize hair testing assays that have
been cleared by the Food and Drug
Administration under section 510(k) of the
Federal Food, Drug and Cosmetic Act (21 U.S.C.
360(k)).
(3) Deadline for decisions.--Not later than 90 days after
receiving an application from a motor carrier under this
subsection, the Administrator, in consultation with the
Secretary of Health and Human Services, shall determine whether
the motor carrier is exempt from the testing requirements
described in paragraph (1).
(4) Reporting requirement.--Any motor carrier that is
granted an exemption under paragraph (1) shall submit records
to the national clearinghouse established under section 31306a
of title 49, United States Code, relating to all positive test
results and test refusals from the hair testing program
described in that paragraph.
(d) Guidelines for Hair Testing.--Not later than 1 year after the
date of the 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, as amended
by subsection (b). When issuing the scientific and technical
guidelines, the Secretary of Health and Human Services may consider
differentiating between exposure to, and usage of, various controlled
substances.
(e) Annual Report to Congress.--The Secretary shall submit an
annual report to Congress that--
(1) summarizes the results of preemployment and random drug
testing using both hair testing and urinalysis;
(2) evaluates the efficacy of each method; and
(3) determines which method provides the most accurate
means of detecting the use of controlled substances over time.
TITLE XXXIII--HAZARDOUS MATERIALS
SEC. 33101. ENDORSEMENTS.
(a) Exclusions.--Section 5117(d)(1) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) a service vehicle (as defined in section
33101 of the Comprehensive Transportation and Consumer
Protection Act of 2015) carrying diesel fuel in
quantities of 3,785 liters (1,000 gallons) or less that
is--
``(i) driven by a class A commercial
driver's license holder who is a custom
harvester, an agricultural retailer, an
agricultural business employee, an agricultural
cooperative employee, or an agricultural
producer; and
``(ii) clearly marked with a placard
reading `Diesel Fuel'.''.
(b) Hazardous Materials Endorsement Exemption.--The Secretary shall
exempt all class A commercial driver's license holders who are custom
harvesters, agricultural retailers, agricultural business employees,
agricultural cooperative employees, or agricultural producers from the
requirement to obtain a hazardous materials endorsement under part 383
of title 49, Code of Federal Regulations, while operating a service
vehicle carrying diesel fuel in quantities of 3,785 liters (1,000
gallons) or less if the tank containing such fuel is clearly marked
with a placard reading ``Diesel Fuel''.
(c) Definition of Service Vehicle.--In this section, the term
``service vehicle'' means a vehicle carrying diesel fuel that will be
deductible as a profit-seeking activity--
(1) under section 162 of the Internal Revenue Code of 1986
as a business expense; or
(2) under section 212 of the Internal Revenue Code of 1986
as a production of income expense.
SEC. 33102. ENHANCED REPORTING.
Section 5121(h) 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 ``post on the Department of Transportation
public website''.
SEC. 33103. HAZARDOUS MATERIAL INFORMATION.
(a) Derailment Data.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall revise the form for
reporting a rail equipment accident or incident under section
225.21 of title 49, Code of Federal Regulations (Form FRA F
6180.54, Rail Equipment Accident/Incident Report), including to
its instructions, to require additional data concerning rail
cars carrying crude oil or ethanol that are involved in a
reportable rail equipment accident or incident under part 225
of that title.
(2) Contents.--The data under subsection (a) shall
include--
(A) the number of rail cars carrying crude oil or
ethanol;
(B) the number of rail cars carrying crude oil or
ethanol damaged or derailed; and
(C) the number of rail cars releasing crude oil or
ethanol.
(3) Differentiation.--The data described in paragraph (2)
shall be reported separately for crude oil and for ethanol.
(b) Database Connectivity.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall implement
information management practices to ensure that the Pipeline
and Hazardous Materials Safety Administration Hazardous
Materials Incident Reports Database (referred to in this
section as ``Incident Reports Database'') and the Federal
Railroad Administration Railroad Safety Information System
contain accurate and consistent data on a reportable rail
equipment accident or incident under part 225 of title 49, Code
of Federal Regulations, involving the release of hazardous
materials.
(2) Identifiers.--The Secretary shall ensure that the
Incident Reports Database uses a searchable Federal Railroad
Administration report number, or other applicable unique
identifier that is linked to the Federal Railroad Safety
Information System, for each reportable rail equipment accident
or incident under part 225 of title 49, Code of Federal
Regulations, involving the release of hazardous materials.
(c) Evaluation.--
(1) In general.--The Department of Transportation Inspector
General shall--
(A) evaluate the accuracy of information in the
Incident Reports Database, including determining
whether any inaccuracies exist in--
(i) the type of hazardous materials
released;
(ii) the quantity of hazardous materials
released;
(iii) the location of hazardous materials
released;
(iv) the damages or effects of hazardous
materials released; and
(v) any other data contained in the
database; and
(B) considering the requirements in subsection (b),
evaluate the consistency and accuracy of data involving
accidents or incidents reportable to both the Pipeline
and Hazardous Materials Safety Administration and the
Federal Railroad Administration, including whether the
Incident Reports Database uses a searchable identifier
described in subsection (b)(2).
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Department of Transportation
Inspector General 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 of the findings under subparagraphs
(A) and (B) of paragraph (1) and recommendations for resolving
any inconsistencies or inaccuracies.
(d) Savings Clause.--Nothing in this section may be construed to
prohibit the Secretary from requiring other commodity-specific
information for any reportable rail equipment accident or incident
under part 225 of title 49, Code of Federal Regulations.
SEC. 33104. NATIONAL EMERGENCY AND DISASTER RESPONSE.
(a) Purpose.--Section 5101 is amended by inserting and ``and to
facilitate the safe movement of hazardous materials during national
emergencies'' after ``commerce''.
(b) General Regulatory Authority.--Section 5103 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 Disaster and Emergency Areas.--The
Secretary, in consultation with the Secretary of Homeland Security, may
prescribe standards to facilitate the safe movement of hazardous
materials into, from, and within a federally declared disaster area or
a national emergency area.''.
SEC. 33105. AUTHORIZATION OF APPROPRIATIONS.
Section 5128 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) $43,660,000 for fiscal year 2016;
``(2) $44,577,000 for fiscal year 2017;
``(3) $45,513,000 for fiscal year 2018;
``(4) $46,469,000 for fiscal year 2019;
``(5) $47,445,000 for fiscal year 2020; and
``(6) $48,441,000 for fiscal year 2021.
``(b) Hazardous Materials Emergency Preparedness Fund.--From the
Hazardous Materials Emergency Preparedness Fund established under
section 5116(i), the Secretary may expend, during each of fiscal years
2016 through 2021--
``(1) $188,000 to carry out section 5115;
``(2) $21,800,000 to carry out subsections (a) and (b) of
section 5116, of which not less than $13,650,000 shall be
available to carry out section 5116(b);
``(3) $150,000 to carry out section 5116(f);
``(4) $625,000 to publish and distribute the Emergency
Response Guidebook under section 5116(i)(3); and
``(5) $1,000,000 to carry out section 5116(j).
``(c) Hazardous Materials Training Grants.--From the Hazardous
Materials Emergency Preparedness Fund established pursuant to section
5116(i), the Secretary may expend $4,000,000 for each of the fiscal
years 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, authority, or entity.
``(2) Availability of amounts.--Amounts made available
under this section shall remain available until expended.''.
TITLE XXXIV--HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A--Highway Traffic Safety
PART I--HIGHWAY SAFETY
SEC. 34101. 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) $243,526,500 for fiscal year 2016;
(B) $252,267,972 for fiscal year 2017;
(C) $261,229,288 for fiscal year 2018;
(D) $270,415,429 for fiscal year 2019;
(E) $279,831,482 for fiscal year 2020; and
(F) $289,482,646 for fiscal year 2021.
(2) Highway safety research and development.--For carrying
out section 403 of title 23, United States Code--
(A) $137,835,000 for fiscal year 2016;
(B) $140,729,535 for fiscal year 2017;
(C) $143,684,855 for fiscal year 2018;
(D) $146,702,237 for fiscal year 2019;
(E) $149,782,984 for fiscal year 2020; and
(F) $152,928,427 for fiscal year 2021.
(3) National priority safety programs.--For carrying out
section 405 of title 23, United States Code--
(A) $274,720,000 for fiscal year 2016;
(B) $277,467,200 for fiscal year 2017;
(C) $280,241,872 for fiscal year 2018;
(D) $283,044,291 for fiscal year 2019;
(E) $285,874,734 for fiscal year 2020; and
(F) $288,733,481 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) $5,105,000 for fiscal year 2016;
(B) $5,212,205 for fiscal year 2017;
(C) $5,321,661 for fiscal year 2018;
(D) $5,433,416 for fiscal year 2019;
(E) $5,547,518 for fiscal year 2020; and
(F) $5,664,016 for fiscal year 2021.
(5) High visibility enforcement program.--For carrying out
section 2009 of SAFETEA-LU (23 U.S.C. 402 note)--
(A) $29,290,000 for fiscal year 2016;
(B) $29,582,900 for fiscal year 2017;
(C) $29,878,729 for fiscal year 2018;
(D) $30,177,516 for fiscal year 2019;
(E) $30,479,291 for fiscal year 2020; and
(F) $30,784,084 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 subtitle--
(A) $25,755,000 for fiscal year 2016;
(B) $26,012,550 for fiscal year 2017;
(C) $26,272,676 for fiscal year 2018;
(D) $26,535,402 for fiscal year 2019;
(E) $26,800,756 for fiscal year 2020; and
(F) $27,068,764 for fiscal year 2021.
(b) Prohibition on Other Uses.--Except as otherwise provided in
chapter 4 of title 23, United States Code, in this subtitle, and in the
amendments made by this subtitle, the amounts made available from the
Highway Trust Fund (other than the Mass Transit Account) for a program
under such chapter--
(1) shall only be used to carry out such program; and
(2) may not be used by States or local governments for
construction purposes.
(c) Applicability of Title 23.--Except as otherwise provided in
chapter 4 of title 23, United States Code, and in this subtitle,
amounts made available under subsection (a) for fiscal years 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) Regulatory Authority.--Grants awarded under this subtitle shall
be in accordance with regulations issued by the Secretary.
(e) State Matching Requirements.--If a grant awarded under this
subtitle requires a State to share in the cost, the aggregate of all
expenditures for highway safety activities made during any fiscal year
by the State and its political subdivisions (exclusive of Federal
funds) for carrying out the grant (other than planning and
administration) shall be available for the purpose of crediting the
State during such fiscal year for the non-Federal share of the cost of
any project under this subtitle (other than planning or administration)
without regard to whether such expenditures were actually made in
connection with such project.
(f) Grant Application and Deadline.--To receive a grant under this
subtitle, a State shall submit an application, and the Secretary shall
establish a single deadline for such applications to enable the award
of grants early in the next fiscal year.
(g) Transfers.--Section 405(a)(1)(G) of title 23, United States
Code, is amended to read as follows:
``(G) Transfers.--Notwithstanding subparagraphs (A)
through (F), the Secretary shall reallocate, before the
last day of any fiscal year, any amounts remaining
available of the amounts allocated to carry out any of
the activities described in subsections (b) through (g)
to increase the amount made available to carry out
section 402, in order to ensure, to the maximum extent
possible, that all such amounts are obligated during
such fiscal year.''.
SEC. 34102. HIGHWAY SAFETY PROGRAMS.
(a) Restriction.--Section 402(g) of title 23, United States Code,
is amended to read as follows:
``(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).''.
(b) Use of Funds.--
(1) Highway safety programs.--Section 402(c)(2) of title
23, United States Code, is amended by inserting ``A State may
provide the funds apportioned under this section to a political
subdivision of a State, including Indian tribal governments.''
after ``neighboring States.''.
(2) National priority safety programs.--Section 405(a)(1)
is amended by adding at the end the following:
``(I) Political subdivisions.--A State may provide
the funds awarded under this section to a political
subdivision of a State, including Indian tribal
governments.''.
(c) Tracking Process.--Section 412 of title 23, United States Code,
is amended by adding at the end the following:
``(f) Tracking Process.--The Secretary shall develop a process to
identify and mitigate possible systemic issues across States and
regional offices by reviewing oversight findings and recommended
actions identified in triennial State management reviews.''.
(d) Highway Safety Plans.--Section 402(k)(5)(A) of title 23, United
States Code, is amended by striking ``60'' and inserting ``45''.
(e) Maintenance of Effort.--Section 405(a)(1)(H) of title 23,
United States Code, is amended to read as follows:
``(H) Maintenance of effort certification.--As part
of the grant application required in section
402(k)(3)(F), a State receiving a grant in any fiscal
year under subsection (b), subsection (c), or
subsection (d) of this section shall provide
certification that the lead State agency responsible
for programs described in any of those sections is
maintaining aggregate expenditures at or above the
average level of such expenditures in the 2 fiscal
years prior to the date of enactment of the
Comprehensive Transportation and Consumer Protection
Act of 2015.''.
SEC. 34103. GRANTS FOR ALCOHOL-IGNITION INTERLOCK LAWS AND 24-7
SOBRIETY PROGRAMS.
Section 405(d) of title 23, United States Code, is amended--
(1) in paragraph (6)--
(A) by amending the heading to read as follows:
``Additional grants.--'';
(B) in subparagraph (A), by amending the heading to
read as follows: ``Grants to states with alcohol-
ignition interlock laws.--'';
(C) by redesignating subparagraphs (B) through (D)
as subparagraphs (C) through (E), respectively;
(D) by inserting after subparagraph (A), the
following:
``(B) Grants to states with 24-7 sobriety
programs.--The Secretary shall make a separate grant
under this subsection to each State that--
``(i) adopts and is enforcing a law that
requires all individuals convicted of driving
under the influence of alcohol or of driving
while intoxicated to receive a restriction on
driving privileges; and
``(ii) provides a 24-7 sobriety program.'';
(E) in subparagraph (C), as redesignated, by
inserting ``and subparagraph (B)'' after ``subparagraph
(A)'';
(F) in subparagraph (D), as redesignated, by
inserting ``and subparagraph (B)'' after ``subparagraph
(A)'';
(G) by amending subparagraph (E), as redesignated,
to read as follows:
``(E) Funding.--
``(i) Funding for grants to states with
alcohol-ignition interlock laws.--Not more than
12 percent of the amounts made available to
carry out this subsection in a fiscal year
shall be made available by the Secretary for
making grants under subparagraph (A).
``(ii) Funding for grants to states with
24-7 sobriety programs.--Not more than 3
percent of the amounts made available to carry
out this subsection in a fiscal year shall be
made available by the Secretary for making
grants under subparagraph (B).''; and
(H) by adding at the end the following:
``(F) Exceptions.--A State alcohol-ignition
interlock law under subparagraph (A) may include
exceptions for the following circumstances:
``(i) 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.
``(ii) 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.''; and
(2) in paragraph (7)(A)--
(A) in the matter preceding clause (i)--
(i) by striking ``or a State agency'' and
inserting ``or an agency with jurisdiction'';
and
(ii) by inserting ``bond,'' before
``sentence'';
(B) in clause (i), by striking ``who plead guilty
or'' and inserting ``who was arrested, plead guilty,
or''; and
(C) in clause (ii), by inserting ``at a testing
location'' after ``per day''.
SEC. 34104. REPEAT OFFENDER CRITERIA.
Section 164(a) of title 23, United States Code, is amended--
(1) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) 24-7 sobriety program.--The term `24-7 sobriety
program' has the meaning given the term in section
405(d)(7)(A).'';
(3) in paragraph (5), as redesignated--
(A) in the matter preceding subparagraph (A), by
inserting ``or combination of laws or programs'' after
``State law''; and
(B) by amending subparagraph (A) to read as
follows:
``(A) receive, for a period of 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
device installed, unless a special exception
applies;
``(iii) a restriction on driving privileges
that limits the individual to operating motor
vehicles only if participating in, and
complying with, a 24-7 sobriety program; or
``(iv) any combination of clauses (i)
through (iii);'';
(C) by striking subparagraph (B);
(D) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively; and
(E) in subparagraph (C), as redesignated--
(i) in clause (i)--
(I) in subclause (I), by striking
``; or'' and inserting a semicolon;
(II) in subclause (II), by striking
``; and''; and inserting ``; or''; and
(III) by adding at the end the
following:
``(III) the State certifies that
the general practice is that such an
individual will be incarcerated; and'';
and
(ii) in clause (ii)--
(I) in subclause (I), by striking
``; or'' and inserting a semicolon;
(II) in subclause (II), by striking
``; and''; and inserting ``; or''; and
(III) by adding at the end the
following:
``(III) the State certifies that
the general practice is that such an
individual will receive approximately
10 days of incarceration.''; and
(4) by adding at the end--
``(6) Special exception.--The term `special exception'
means an exception under a State alcohol-ignition interlock law
for the following circumstances:
``(A) 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.
``(B) 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.''.
SEC. 34105. STUDY ON THE NATIONAL ROADSIDE SURVEY OF ALCOHOL AND DRUG
USE BY DRIVERS.
Not later than 180 days after the date that the Comptroller General
reviews and reports on the overall value of the National Roadside
Survey to researchers and other public safety stakeholders, the
differences between a National Roadside Survey site and typical law
enforcement checkpoints, and the effectiveness of the National Roadside
Survey methodology at protecting the privacy of the driving public, as
requested by the Committee on Appropriations of the Senate on June 5,
2014 (Senate Report 113-182), the Secretary shall report to Congress on
the National Highway Traffic Safety Administration's progress toward
reviewing that report and implementing any recommendations made in that
report.
SEC. 34106. INCREASING PUBLIC AWARENESS OF THE DANGERS OF DRUG-IMPAIRED
DRIVING.
(a) Additional Actions.--The Administrator of the National Highway
Traffic Safety Administration, in consultation with the White House
Office of National Drug Control Policy, the Secretary of Health and
Human Services, State highway safety offices, and other interested
parties, as determined by the Administrator, shall identify and carry
out additional actions that should be undertaken by the Administration
to assist States in their efforts to increase public awareness of the
dangers of drug-impaired driving, including the dangers of driving
while under the influence of heroin or prescription opioids.
(b) Report.--Not later than 60 days after the date of enactment of
this Act, the Administrator shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
that describes the additional actions undertaken by the Administration
pursuant to subsection (a).
SEC. 34107. 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).
PART II--STOP MOTORCYCLE CHECKPOINT FUNDING ACT
SEC. 34121. SHORT TITLE.
This part may be cited as the ``Stop Motorcycle Checkpoint Funding
Act''.
SEC. 34122. GRANT RESTRICTION.
Notwithstanding section 153 of title 23, United States Code, the
Secretary may not provide a grant or any funds to a State, county,
town, township, Indian tribe, municipality, or other local government
that may be used for any program--
(1) to check helmet usage; or
(2) to create checkpoints that specifically target
motorcycle operators or motorcycle passengers.
PART III--IMPROVING DRIVER SAFETY ACT OF 2015
SEC. 34131. SHORT TITLE.
This part may be cited as the ``Improving Driver Safety Act of
2015''.
SEC. 34132. DISTRACTED DRIVING INCENTIVE GRANTS.
Section 405(e) of title 23, United States Code, is amended--
(1) in paragraph (1), by inserting ``includes distracted
driving issues as part of the State's driver's license
examination and'' after ``any State that'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) by amending subparagraph (C) to read as
follows:
``(C) establishes a minimum fine for a violation of
the statute; and''; and
(C) by adding at the end the following:
``(D) does not provide for an exception that
specifically allows a driver to use a personal wireless
communications device for texting while stopped in
traffic.'';
(3) in paragraph (3)--
(A) by amending subparagraph (A) to read as
follows:
``(A) prohibits the use of a personal wireless
communications device while driving for drivers--
``(i) younger than 18 years of age; or
``(ii) in the learner's permit and
intermediate license stages;''; and
(B) by striking subparagraphs (C) and (D) and
inserting the following:
``(C) establishes a minimum fine for a violation of
the statute; and
``(D) does not provide for an exception that
specifically allows a driver to text through a personal
wireless communications device while stopped in
traffic.''; and
(4) in paragraph (4)--
(A) in subparagraph (B)(ii), by striking ``and'' at
the end;
(B) in subparagraph (C)--
(i) by striking ``section 31152'' and
inserting ``section 31136''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) any additional exceptions determined by the
Secretary through the rulemaking process.'';
(5) by amending paragraph (6) to read as follows:
``(6) Additional distracted driving grants.--
``(A) In general.--Notwithstanding paragraph (1),
the Secretary shall use up to 50 percent of the amounts
available for grants under this subsection to award
grants to any State that--
``(i) in fiscal year 2017--
``(I) certifies that it has enacted
a basic text messaging statute that--
``(aa) is applicable to
drivers of all ages; and
``(bb) makes violation of
the basic text messaging
statute a primary offense or
secondary enforcement action as
allowed by State statute; and
``(II) is otherwise ineligible for
a grant under this subsection; and
``(ii) in fiscal year 2018--
``(I) meets the requirements under
clause (i);
``(II) imposes fines for
violations; and
``(III) has a statute that
prohibits drivers who are younger than
18 years of age from using a personal
wireless communications device while
driving.
``(B) Use of grant funds.--
``(i) In general.--Notwithstanding
paragraph (5) and subject to clauses (ii) and
(iii) of this subparagraph, amounts received by
a State under subparagraph (A) may be used for
activities related to the enforcement of
distracted driving laws, including for public
information and awareness purposes.
``(ii) Fiscal year 2017.--In fiscal year
2017, up to 15 percent of the amounts received
by a State under subparagraph (A) may be used
for any eligible project or activity under
section 402.
``(iii) Fiscal year 2018.--In fiscal year
2018, up to 25 percent of the amounts received
by a State under subparagraph (A) may be used
for any eligible project or activity under
section 402.''; and
(6) in paragraph (9)(A)(i), by striking ``, including
operation while temporarily stationary because of traffic, a
traffic light or stop sign, or otherwise''.
SEC. 34133. BARRIERS TO DATA COLLECTION REPORT.
Not later than 180 days after the date of the enactment of this
Act, the Administrator of the National Highway Traffic Safety
Administration shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of Representatives
that--
(1) identifies any legal and technical barriers to
capturing adequate data on the prevalence of the use of
wireless communications devices while driving; and
(2) provides recommendations on how to address such
barriers.
SEC. 34134. MINIMUM REQUIREMENTS FOR STATE GRADUATED DRIVER LICENSING
INCENTIVE GRANT PROGRAM.
Section 405(g)(2) of title 23, United States Code, is amended--
(1) in subparagraph (A), by striking ``21'' and inserting
``18''; and
(2) by amending subparagraph (B) to read as follows:
``(B) Licensing process.--A State is in compliance
with the 2-stage licensing process described in this
subparagraph if the State's driver's license laws
include--
``(i) a learner's permit stage that--
``(I) is at least 6 months in
duration;
``(II) 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
paragraph (4) of that subsection, and
makes a violation of the prohibition a
primary offense;
``(III) requires applicants to
successfully pass a vision and
knowledge assessment prior to receiving
a learner's permit;
``(IV) requires that the driver be
accompanied and supervised at all times
while the driver is operating a motor
vehicle by a licensed driver who is at
least 21 years of age or is a State-
certified driving instructor;
``(V) has a requirement that the
driver--
``(aa) complete a State-
certified driver education or
training course; or
``(bb) obtain at least 50
hours of behind-the-wheel
training, with at least 10
hours at night, with a licensed
driver;
``(VI) remains in effect until the
driver--
``(aa) reaches 16 years of
age and enters the intermediate
stage; or
``(bb) reaches 18 years of
age;
``(ii) an intermediate stage that--
``(I) commences immediately after
the expiration of the learner's permit
stage and successful completion of a
driving skills assessment;
``(II) is at least 6 months in
duration;
``(III) prohibits the driver from
using a personal wireless
communications device (as defined in
subsection (e)) while driving except
under an exception permitted under
paragraph (4) of that subsection, and
makes a violation of the prohibition a
primary offense;
``(IV) for the first 6 month of the
intermediate stage, restricts driving
at night between the hours of 10:00
p.m. and 5:00 a.m. when not supervised
by a licensed driver 21 years of age or
older, excluding transportation to
work, school, religious activities, or
emergencies;
``(V) prohibits the driver from
operating a motor vehicle with more
than 1 nonfamilial passenger younger
than 21 years of age unless a licensed
driver who is at least 21 years of age
is in the motor vehicle; and
``(VI) remains in effect until the
driver reaches 17 years of age; and
``(iii) a learner's permit and intermediate
stage that require, in addition to any other
penalties imposed by State law, the granting of
an unrestricted driver's license be
automatically delayed for any individual who,
during the learner's permit or intermediate
stage, is convicted of a driving-related
offense during the first 6 months, including--
``(I) driving while intoxicated;
``(II) misrepresentation of the
individual's age;
``(III) reckless driving;
``(IV) driving without wearing a
seat belt;
``(V) speeding; or
``(VI) any other driving-related
offense, as determined by the
Secretary.''.
PART IV--TECHNICAL AND CONFORMING AMENDMENTS
SEC. 34141. TECHNICAL CORRECTIONS TO THE MOTOR VEHICLE AND HIGHWAY
SAFETY IMPROVEMENT ACT OF 2012.
(a) Highway Safety Programs.--Section 402 of title 23, United
States Code is amended--
(1) in subsection (b)(1)(C), by striking ``except as
provided in paragraph (3),'';
(2) in subsection (b)(1)(E)--
(A) by striking ``in which a State'' and inserting
``for which a State''; and
(B) by striking ``subsection (f)'' and inserting
``subsection (k)''; and
(3) in subsection (k)(4), by striking ``paragraph (2)(A)''
and inserting ``paragraph (3)(A)''.
(b) Highway Safety Research and Development.--Section 403(e) of
title 23, United States Code is amended by inserting ``of title 49''
after ``chapter 301''.
(c) National Priority Safety Programs.--Section 405 of title 23,
United States Code is amended--
(1) in subsection (d)(5), by striking ``section 402(c)''
and inserting ``section 402''; and
(2) in subsection (f)(4)(A)(iv), by striking ``developed
under subsection (g)''.
Subtitle B--Vehicle Safety
SEC. 34201. 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) $46,270,000 for fiscal year 2016.
(B) $51,537,670 for fiscal year 2017.
(C) $57,296,336 for fiscal year 2018.
(D) $62,999,728 for fiscal year 2019.
(E) $69,837,974 for fiscal year 2020.
(F) $76,656,407 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. 34202. 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. 34203. 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. 34204. 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. 34205. 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. 34206. 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. 34207. 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. 34208. 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. 34209. 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 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. 34210. 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. 34211. 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. 34212. 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. 34213. 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. 34214. 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. 34215. 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).
Subtitle C--Research and Development and Vehicle Electronics
SEC. 34301. 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. 34302. 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 D--Miscellaneous Provisions
PART I--DRIVER PRIVACY ACT OF 2015
SEC. 34401. SHORT TITLE.
This part may be cited as the ``Driver Privacy Act of 2015''.
SEC. 34402. 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. 34403. 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. 34421. SHORT TITLE.
This part may be cited as the ``Safety Through Informed Consumers
Act of 2015''.
SEC. 34422. 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. 34431. SHORT TITLE.
This part may be cited as the ``Tire Efficiency, Safety, and
Registration Act of 2015'' or the ``TESR Act''.
SEC. 34432. 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. 34433. 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. 34434. 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.
TITLE XXXV--RAILROAD REFORM, ENHANCEMENT, AND EFFICIENCY
SEC. 35001. SHORT TITLE.
This title may be cited as the ``Railroad Reform, Enhancement, and
Efficiency Act''.
SEC. 35002. PASSENGER TRANSPORTATION; DEFINITIONS.
Section 24102 is amended--
(1) by redesignating paragraphs (5) through (9) as
paragraphs (6) through (10), respectively;
(2) by inserting after paragraph (4), the following:
``(5) `long-distance route' means a route described in
paragraph (6)(C).'';
(3) by amending paragraph (6)(A), as redesignated, to read
as follows:
``(A) the Northeast Corridor main line between
Boston, Massachusetts and the Virginia Avenue
interlocking in the District of Columbia, and the
facilities and services used to operate and maintain
that line;'';
(4) in paragraph (7), as redesignated, by striking the
period at the end and inserting ``, except that the term
`Northeast Corridor' for the purposes of chapter 243 means the
main line between Boston, Massachusetts and the Virginia Avenue
interlocking in the District of Columbia, and the facilities
and services used to operate and maintain that line.''; and
(5) by adding at the end the following:
``(11) `state-of-good-repair' means a condition in which
physical assets, both individually and as a system, are--
``(A) performing at a level at least equal to that
called for in their as-built or as-modified design
specification during any period when the life cycle
cost of maintaining the assets is lower than the cost
of replacing them; and
``(B) sustained through regular maintenance and
replacement programs.
``(12) `State-supported route' means a route described in
paragraph (6)(B) or paragraph (6)(D), or in section
24702(a).''.
Subtitle A--Authorization of Appropriations
SEC. 35101. AUTHORIZATION OF GRANTS TO AMTRAK.
(a) In General.--There are authorized to be appropriated to the
Secretary for the use of Amtrak for deposit into the accounts
established under section 24319(a) of title 49, United States Code, the
following amounts:
(1) For fiscal year 2016, $1,450,000,000.
(2) For fiscal year 2017, $1,550,000,000.
(3) For fiscal year 2018, $1,700,000,000.
(4) For fiscal year 2019, $1,900,000,000.
(b) Project Management Oversight.--The Secretary may withhold up to
one half of 1 percent of the amount appropriated under subsection (a)
for the costs of management oversight of Amtrak.
(c) Competition.--In administering grants to Amtrak under section
24318 of title 49, United States Code, the Secretary may withhold, from
amounts that would otherwise be made available to Amtrak, such sums as
are necessary from the amount appropriated under subsection (a) of this
section to cover the operating subsidy described in section
24711(b)(1)(E)(ii) of title 49, United States Code.
(d) State-Supported Route Committee.--The Secretary may withhold up
to $2,000,000 from the amount appropriated in each fiscal year under
subsection (a) of this section for the use of the State-Supported Route
Committee established under section 24712 of title 49, United States
Code.
(e) Northeast Corridor Commission.--The Secretary may withhold up
to $5,000,000 from the amount appropriated in each fiscal year under
subsection (a) of this section for the use of the Northeast Corridor
Commission established under section 24905 of title 49, United States
Code.
SEC. 35102. NATIONAL INFRASTRUCTURE AND SAFETY INVESTMENTS.
(a) In General.--There are authorized to be appropriated to the
Secretary for grants under chapter 244 of title 49, United States Code,
the following amounts:
(1) For fiscal year 2016, $350,000,000.
(2) For fiscal year 2017, $430,000,000.
(3) For fiscal year 2018, $600,000,000.
(4) For fiscal year 2019, $900,000,000.
(b) Project Management Oversight.--The Secretary may withhold up to
1 percent from the amount appropriated under subsection (a) of this
section for the costs of project management oversight of grants carried
out under chapter 244 of title 49, United States Code.
SEC. 35103. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL TRANSPORTATION
SAFETY BOARD RAIL INVESTIGATIONS.
(a) In General.--Notwithstanding any other provision of law, there
are authorized to be appropriated to the National Transportation Safety
Board to carry out railroad accident investigations under section
1131(a)(1)(C) of title 49, United States Code, the following amounts:
(1) For fiscal year 2016, $6,300,000.
(2) For fiscal year 2017, $6,400,000.
(3) For fiscal year 2018, $6,500,000.
(4) For fiscal year 2019, $6,600,000.
(b) Investigation Personnel.--Amounts appropriated under subsection
(a) of this section shall be available to the National Transportation
Safety Board for personnel, in regional offices and in Washington, DC,
whose duties involve railroad accident investigations.
SEC. 35104. AUTHORIZATION OF APPROPRIATIONS FOR AMTRAK OFFICE OF
INSPECTOR GENERAL.
There are authorized to be appropriated to the Office of Inspector
General of Amtrak the following amounts:
(1) For fiscal year 2016, $20,000,000.
(2) For fiscal year 2017, $20,500,000.
(3) For fiscal year 2018, $21,000,000.
(4) For fiscal year 2019, $21,500,000.
SEC. 35105. NATIONAL COOPERATIVE RAIL RESEARCH PROGRAM.
(a) In General.--Section 24910 is amended--
(1) in subsection (b)--
(A) in paragraph (12), by striking ``and'';
(B) in paragraph (13), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(14) to improve the overall safety of intercity passenger
and freight rail operations.''; and
(2) by amending subsection (e) to read as follows:
``(e) Allocation.--At least $5,000,000 of the amounts appropriated
to the Secretary for a fiscal year to carry out railroad research and
development programs shall be available to carry out this section.''.
Subtitle B--Amtrak Reform
SEC. 35201. AMTRAK GRANT PROCESS.
(a) Requirements and Procedures.--Chapter 243 is amended by adding
at the end the following:
``Sec. 24317. Costs and revenues
``(a) Allocation.--Not later than 180 days after the date of
enactment of the Railroad Reform, Enhancement, and Efficiency Act,
Amtrak shall establish and maintain internal controls to ensure
Amtrak's costs, revenues, and other compensation are appropriately and
proportionally allocated to its Northeast Corridor train services or
infrastructure, its State-supported routes, its long-distance routes,
and its other national network activities.
``(b) Rule of Construction.--Nothing in this section shall be
construed to limit the ability of Amtrak to enter into an agreement
with 1 or more States to allocate operating and capital costs under
section 209 of the Passenger Rail Investment and Improvement Act of
2008 (49 U.S.C. 24101 note).
``Sec. 24318. Grant process
``(a) Procedures for Grant Requests.--Not later than 90 days after
the date of enactment of the Railroad Reform, Enhancement, and
Efficiency Act, the Secretary of Transportation shall establish and
transmit to the Committee on Commerce, Science, and Transportation and
the Committee on Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Appropriations
of the House of Representatives substantive and procedural
requirements, including schedules, for grant requests under this
section.
``(b) Grant Requests.--Amtrak shall transmit grant requests for
Federal funds appropriated to the Secretary of Transportation for the
use of Amtrak to--
``(1) the Secretary; and
``(2) the Committee on Commerce, Science, and
Transportation, the Committee on Appropriations, and the
Committee on the Budget of the Senate and the Committee on
Transportation and Infrastructure, the Committee on
Appropriations, and the Committee on the Budget of the House of
Representatives.
``(c) Contents.--A grant request under subsection (b) shall--
``(1) describe projected operating and capital costs for
the upcoming fiscal year for Northeast Corridor train services
and infrastructure, Amtrak's State-supported routes, and
Amtrak's long-distance routes, and Amtrak's other national
network activities, as applicable, in comparison to prior
fiscal year actual financial performance;
``(2) describe the capital projects to be funded, with cost
estimates and an estimated timetable for completion of the
projects covered by the request;
``(3) assess Amtrak's financial condition;
``(4) be displayed on Amtrak's Web site within a reasonable
timeframe following its transmission under subsection (b); and
``(5) describe how the funding requested in a grant will be
allocated to the accounts established under section 24319(a),
considering the projected operating losses or capital costs for
services and activities associated with such accounts over the
time period intended to be covered by the grants.
``(d) Review and Approval.--
``(1) Thirty-day approval process.--
``(A) In general.--Not later than 30 days after the
date that Amtrak submits a grant request under this
section, the Secretary of Transportation shall complete
a review of the request and provide notice to Amtrak
that--
``(i) the request is approved; or
``(ii) the request is disapproved,
including the reason for the disapproval and an
explanation of any incomplete or deficient
items.
``(B) Grant agreement.--If a grant request is
approved, the Secretary shall enter into a grant
agreement with Amtrak that allocates the grant funding
to 1 of the 4 accounts established under section
24319(a).
``(2) Fifteen-day modification period.--Not later than 15
days after the date of the notice under paragraph (1)(A)(ii),
Amtrak shall submit a modified request for the Secretary's
review.
``(3) Modified requests.--Not later than 15 days after the
date that Amtrak submits a modified request under paragraph
(2), the Secretary shall either approve the modified request,
or, if the Secretary finds that the request is still incomplete
or deficient, the Secretary shall identify in writing to the
Committee on Commerce, Science, and Transportation, the
Committee on Appropriations, and the Committee on the Budget of
the Senate and the Committee on Transportation and
Infrastructure, the Committee on Appropriations, and the
Committee on the Budget of the House of Representatives the
remaining deficiencies and recommend a process for resolving
the outstanding portions of the request.
``(e) Payments to Amtrak.--
``(1) In general.--A grant agreement entered into under
subsection (d) shall specify the operations, services, and
other activities to be funded by the grant. The grant agreement
shall include provisions, consistent with the requirements of
this chapter, to measure Amtrak's performance and ensure
accountability in delivering the operations, services, or
activities to be funded by the grant.
``(2) Schedule.--Except as provided in paragraph (3), in
each fiscal year for which amounts are appropriated to the
Secretary for the use of Amtrak, and for which the Secretary
and Amtrak have entered into a grant agreement under subsection
(d), the Secretary shall disburse grant funds to Amtrak on the
following schedule:
``(A) 50 percent on October 1.
``(B) 25 percent on January 1.
``(C) 25 percent on April 1.
``(3) Exceptions.--The Secretary may make a payment to
Amtrak of appropriated funds--
``(A) more frequently than the schedule under
paragraph (2) if Amtrak, for good cause, requests more
frequent payment before the end of a payment period; or
``(B) with a different frequency or in different
percentage allocations in the event of a continuing
resolution or in the absence of an appropriations Act
for the duration of a fiscal year.
``(f) Availability of Amounts and Early Appropriations.--Amounts
appropriated to the Secretary for the use of Amtrak shall remain
available until expended. Amounts for capital acquisitions and
improvements may be appropriated for a fiscal year before the fiscal
year in which the amounts will be obligated.
``(g) Limitations on Use.--Amounts appropriated to the Secretary
for the use of Amtrak may not be used to cross-subsidize operating
losses or capital costs of commuter rail passenger or freight rail
transportation.
``Sec. 24319. Accounts
``(a) Establishment of Accounts.--Beginning not later than October
1, 2016, Amtrak, in consultation with the Secretary of Transportation,
shall define and establish--
``(1) a Northeast Corridor investment account, including
subaccounts for Amtrak train services and infrastructure;
``(2) a State-supported account;
``(3) a long-distance account; and
``(4) an other national network activities account.
``(b) Northeast Corridor Investment Account.--
``(1) Deposits.--Amtrak shall deposit in the Northeast
Corridor investment account established under subsection
(a)(1)--
``(A) a portion of the grant funds appropriated
under the authorization in section 35101(a) of the
Railroad Reform, Enhancement, and Efficiency Act, or
any subsequent Act appropriating funds for the use of
Amtrak, as specified in a grant agreement entered into
under section 24318;
``(B) any compensation received from commuter rail
passenger transportation providers for such providers'
share of capital costs on the Northeast Corridor
provided to Amtrak under section 24905(c);
``(C) any operating surplus of the Northeast
Corridor train services or infrastructure, as allocated
under section 24317; and
``(D) any other net revenue received in association
with the Northeast Corridor, including freight access
fees, electric propulsion, and commercial development.
``(2) Use of northeast corridor investment account.--Except
as provided in subsection (f), amounts deposited in the
Northeast Corridor investment account shall be made available
for the use of Amtrak for its share of--
``(A) capital projects described in section
24904(a)(2)(E)(i), and developed under the planning
process established under that section, to bring
Northeast Corridor infrastructure to a state-of-good-
repair;
``(B) capital projects described in clauses (ii)
and (iv) of section 24904(a)(2)(E) that are developed
under the planning process established under that
section intended to increase corridor capacity, improve
service reliability, and reduce travel time on the
Northeast Corridor;
``(C) capital projects to improve safety and
security;
``(D) capital projects to improve customer service
and amenities;
``(E) acquiring, rehabilitating, manufacturing,
remanufacturing, overhauling, or improving equipment
and associated facilities used for intercity rail
passenger transportation by Northeast Corridor train
services;
``(F) retirement of principal and payment of
interest on loans for capital projects described in
this paragraph or for capital leases for equipment and
related to the Northeast Corridor;
``(G) participation in public-private partnerships,
joint ventures, and other mechanisms or arrangements
that result in the completion of capital projects
described in this paragraph; and
``(H) indirect, common, corporate, or other costs
directly incurred by or allocated to the Northeast
Corridor.
``(c) State-Supported Account.--
``(1) Deposits.--Amtrak shall deposit in the State-
supported account established under subsection (a)(2)--
``(A) a portion of the grant funds appropriated
under the authorization in section 35101(a) of the
Railroad Reform, Enhancement, and Efficiency Act, or
any subsequent Act appropriating funds for the use of
Amtrak, as specified in a grant agreement entered into
under section 24318;
``(B) any compensation received from States
provided to Amtrak under section 209 of the Passenger
Rail Investment and Improvement Act of 2008 (42 U.S.C.
24101 note); and
``(C) any operating surplus from its State-
supported routes, as allocated under section 24317.
``(2) Use of state-supported account.--Except as provided
in subsection (f), amounts deposited in the State-supported
account shall be made available for the use of Amtrak for
capital expenses and operating costs, including indirect,
common, corporate, or other costs directly incurred by or
allocated to State-supported routes, of its State-supported
routes and retirement of principal and payment of interest on
loans or capital leases attributable to its State-supported
routes.
``(d) Long-Distance Account.--
``(1) Deposits.--Amtrak shall deposit in the long-distance
account established under subsection (a)(3)--
``(A) a portion of the grant funds appropriated
under the authorization in section 35101(a) of the
Railroad Reform, Enhancement, and Efficiency Act, or
any subsequent Act appropriating funds for the use of
Amtrak, as specified in a grant agreement entered into
under section 24318;
``(B) any compensation received from States
provided to Amtrak for costs associated with its long-
distance routes; and
``(C) any operating surplus from its long-distance
routes, as allocated under section 24317.
``(2) Use of long-distance account.--Except as provided in
subsection (f), amounts deposited in the long-distance account
shall be made available for the use of Amtrak for capital
expenses and operating costs, including indirect, common,
corporate, or other costs directly incurred by or allocated to
long-distance routes, of its long-distance routes and
retirement of principal and payment of interest on loans or
capital leases attributable to the long-distance routes.
``(e) Other National Network Activities Account.--
``(1) Deposits.--Amtrak shall deposit in the other national
network activities account established under subsection
(a)(4)--
``(A) a portion of the grant funds appropriated
under the authorization in section 35101(a) of the
Railroad Reform, Enhancement, and Efficiency Act, or
any subsequent Act appropriating funds for the use of
Amtrak, as specified in a grant agreement entered into
under section 24318;
``(B) any compensation received from States
provided to Amtrak for costs associated with its other
national network activities; and
``(C) any operating surplus from its other national
network activities.
``(2) Use of other national network activities account.--
Except as provided in subsection (f), amounts deposited into
the other national network activities account shall be made
available for the use of Amtrak for capital and operating costs
not allocated to the Northeast Corridor investment account,
State-supported account, or long-distance account, and
retirement of principal and payment of interest on loans or
capital leases attributable to other national network
activities.
``(f) Transfer Authority.--
``(1) Authority.--Amtrak may transfer any funds
appropriated under the authorization in section 35101(a) of the
Railroad Reform, Enhancement, and Efficiency Act, or any
subsequent Act appropriating funds for the use of Amtrak for
deposit into the accounts described in that section, or any
surplus generated by operations, between the Northeast
Corridor, State-supported, long-distance, and other national
network activities accounts--
``(A) upon the expiration of 10 days after the date
that Amtrak notifies the Amtrak Board of Directors,
including the Secretary, of the planned transfer; and
``(B) with the approval of the Secretary.
``(2) Report.--Not later than 5 days after the date that
Amtrak notifies the Amtrak Board of Directors of a planned
transfer under paragraph (1), Amtrak shall transmit to the
Committee on Commerce, Science, and Transportation and the
Committee on Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives a report that
includes--
``(A) the amount of the transfer; and
``(B) a detailed explanation of the reason for the
transfer, including--
``(i) the effects on Amtrak services funded
by the account from which the transfer is
drawn, in comparison to a scenario in which no
transfer was made; and
``(ii) the effects on Amtrak services
funded by the account receiving the transfer,
in comparison to a scenario in which no
transfer was made.
``(3) Notifications.--
``(A) State-supported account.--Not later than 5
days after the date that Amtrak notifies the Amtrak
Board of Directors of a planned transfer under
paragraph (1) of funds to or from the State-supported
account, Amtrak shall transmit to each State that
sponsors a State-supported route a letter that includes
the information described under subparagraphs (A) and
(B) of paragraph (2).
``(B) Northeast corridor account.--Not later than 5
days after the date that Amtrak notifies the Amtrak
Board of Directors of a planned transfer under
paragraph (1) of funds to or from the Northeast
Corridor account, Amtrak shall transmit to the
Northeast Corridor Commission a letter that includes
the information described under subparagraphs (A) and
(B) of paragraph (2).
``(g) Enforcement.--The Secretary shall enforce the provisions of
each grant agreement under section 24318(d), including any deposit into
an account under this section.
``(h) Letters of Intent.--
``(1) Requirement.--The Secretary may issue a letter of
intent to Amtrak announcing an intention to obligate, for a
major capital project described in clauses (ii) and (iv) of
section 24904(a)(2)(E), an amount from future available budget
authority specified in law that is not more than the amount
stipulated as the financial participation of the Secretary in
the project.
``(2) Notice to congress.--At least 30 days before issuing
a letter under paragraph (1), the Secretary shall notify in
writing the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives of
the proposed letter. The Secretary shall include with the
notice a copy of the proposed letter, the criteria used for
selecting the project for a grant award, and a description of
how the project meets the criteria under this section.
``(3) Contingent nature of obligation or commitment.--An
obligation or administrative commitment may be made only when
amounts are appropriated. The letter of intent shall state that
the contingent commitment is not an obligation of the Federal
Government, and is subject to the availability of
appropriations under Federal law and to Federal laws in force
or enacted after the date of the contingent commitment.''.
(b) Conforming Amendments.--The table of contents for chapter 243
is amended by adding at the end the following:
``24317. Costs and revenues.
``24318. Grant process.
``24319. Accounts.''.
(c) Repeals.--
(1) Establishment of grant process.--Section 206 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note) and the item relating to that section in the
table of contents of that Act are repealed.
(2) Authorization of appropriations.--Section 24104 and the
item relating to that section in the table of contents of
chapter 241 are repealed.
SEC. 35202. 5-YEAR BUSINESS LINE AND ASSETS PLANS.
(a) Amtrak 5-Year Business Line and Asset Plans.--Chapter 243, as
amended by section 35201 of this Act, is further amended by inserting
after section 24319 the following:
``Sec. 24320. Amtrak 5-year business line and asset plans
``(a) In General.--
``(1) Final plans.--Not later than February 15 of each
year, Amtrak shall submit to Congress and the Secretary final
5-year business line plans and 5-year asset plans prepared in
accordance with this section. These final plans shall form the
basis for Amtrak's general and legislative annual report to the
President and Congress required by section 24315(b).
``(2) Fiscal constraint.--Each plan prepared under this
section shall be based on funding levels authorized or
otherwise available to Amtrak in a fiscal year. In the absence
of an authorization or appropriation of funds for a fiscal
year, the plans shall be based on the amount of funding
available in the previous fiscal year, plus inflation. Amtrak
may include an appendix to the asset plan required in
subsection (c) that describes any capital funding requirements
in excess of amounts authorized or otherwise available to
Amtrak in a fiscal year for capital investment.
``(b) Amtrak 5-Year Business Line Plans.--
``(1) Amtrak business lines.--Amtrak shall prepare a 5-year
business line plan for each of the following business lines and
services:
``(A) Northeast Corridor train services.
``(B) State-supported routes operated by Amtrak.
``(C) Long-distance routes operated by Amtrak.
``(D) Ancillary services operated by Amtrak,
including commuter operations and other revenue
generating activities as determined by the Secretary in
consultation with Amtrak.
``(2) Contents of 5-year business line plans.--The 5-year
business line plan for each business line shall include, at a
minimum--
``(A) a statement of Amtrak's vision, goals, and
service plan for the business line, coordinated with
any entities that are contributing capital or operating
funding to support passenger rail services within those
business lines, and aligned with Amtrak's Strategic
Plan and 5-year asset plans under subsection (c);
``(B) all projected revenues and expenditures for
the business line, including identification of revenues
and expenditures incurred by--
``(i) passenger operations;
``(ii) non-passenger operations that are
directly related to the business line; and
``(iii) governmental funding sources,
including revenues and other funding received
from States;
``(C) projected ridership levels for all passenger
operations;
``(D) estimates of long-term and short-term debt
and associated principal and interest payments (both
current and forecasts);
``(E) annual profit and loss statements and
forecasts and balance sheets;
``(F) annual cash flow forecasts;
``(G) a statement describing the methodologies and
significant assumptions underlying estimates and
forecasts;
``(H) specific performance measures that
demonstrate year over year changes in the results of
Amtrak's operations;
``(I) financial performance for each route within
each business line, including descriptions of the cash
operating loss or contribution and labor productivity
for each route;
``(J) specific costs and savings estimates
resulting from reform initiatives;
``(K) prior fiscal year and projected equipment
reliability statistics; and
``(L) an identification and explanation of any
major adjustments made from previously-approved plans.
``(3) 5-year business line plans process.--In meeting the
requirements of this section, Amtrak shall--
``(A) coordinate the development of the business
line plans with the Secretary;
``(B) for the Northeast Corridor business line
plan, coordinate with the Northeast Corridor Commission
and transmit to the Commission the final plan under
subsection (a)(1), and consult with other entities, as
appropriate;
``(C) for the State-supported route business line
plan, coordinate with the State-Supported Route
Committee established under section 24712;
``(D) for the long-distance route business line
plan, coordinate with any States or Interstate Compacts
that provide funding for such routes, as appropriate;
``(E) ensure that Amtrak's annual budget request to
Congress is consistent with the information in the 5-
year business line plans; and
``(F) identify the appropriate Amtrak officials
that are responsible for each business line.
``(4) Standards to promote financial stability.--In meeting
the requirements under this subsection, Amtrak shall use the
categories specified in the financial accounting and reporting
system developed under section 203 of the Passenger Rail
Investment and Improvement Act of 2008 (49 U.S.C. 24101 note)
when preparing its 5-year business line plans.
``(c) Amtrak 5-Year Asset Plans.--
``(1) Asset categories.--Amtrak shall prepare a 5-year
asset plan for each of the following asset categories:
``(A) Infrastructure, including all Amtrak-
controlled Northeast Corridor assets and other Amtrak-
owned infrastructure, and the associated facilities
that support the operation, maintenance, and
improvement of those assets.
``(B) Passenger rail equipment, including all
Amtrak-controlled rolling stock, locomotives, and
mechanical shop facilities that are used to overhaul
equipment.
``(C) Stations, including all Amtrak-controlled
passenger rail stations and elements of other stations
for which Amtrak has legal responsibility or intends to
make capital investments.
``(D) National assets, including national
reservations, security, training and training centers,
and other assets associated with Amtrak's national
passenger rail transportation system.
``(2) Contents of 5-year asset plans.--Each asset plan
shall include, at a minimum--
``(A) a summary of Amtrak's 5-year strategic plan
for each asset category, including goals, objectives,
any relevant performance metrics, and statutory or
regulatory actions affecting the assets;
``(B) an inventory of existing Amtrak capital
assets, to the extent practicable, including
information regarding shared use or ownership, if
applicable;
``(C) a prioritized list of proposed capital
investments that--
``(i) categorizes each capital project as
being primarily associated with--
``(I) normalized capital
replacement;
``(II) backlog capital replacement;
``(III) improvements to support
service enhancements or growth;
``(IV) strategic initiatives that
will improve overall operational
performance, lower costs, or otherwise
improve Amtrak's corporate efficiency;
or
``(V) statutory, regulatory, or
other legal mandates;
``(ii) identifies each project or program
that is associated with more than 1 category
described in clause (i); and
``(iii) describes the anticipated business
outcome of each project or program identified
under this subparagraph, including an
assessment of--
``(I) the potential effect on
passenger operations, safety,
reliability, and resilience;
``(II) the potential effect on
Amtrak's ability to meet regulatory
requirements if the project or program
is not funded; and
``(III) the benefits and costs; and
``(D) annual profit and loss statements and
forecasts and balance sheets for each asset category.
``(3) 5-year asset plan process.--In meeting the
requirements of this subsection, Amtrak shall--
``(A) coordinate with each business line described
in subsection (b)(1) in the preparation of each 5-year
asset plan and ensure integration of each 5-year asset
plan with the 5-year business line plans;
``(B) as applicable, coordinate with the Northeast
Corridor Commission, the State-Supported Route
Committee, and owners of assets affected by 5-year
asset plans; and
``(C) identify the appropriate Amtrak officials
that are responsible for each asset category.
``(4) Evaluation of national assets costs.--The Secretary
shall--
``(A) evaluate the costs and scope of all national
assets; and
``(B) determine the activities and costs that are--
``(i) required in order to ensure the
efficient operations of a national passenger
rail system;
``(ii) appropriate for allocation to 1 of
the other Amtrak business lines; and
``(iii) extraneous to providing an
efficient national passenger rail system or are
too costly relative to the benefits or
performance outcomes they provide.
``(5) Definition of national assets.--In this section, the
term `national assets' means the Nation's core rail assets
shared among Amtrak services, including national reservations,
security, training and training centers, and other assets
associated with Amtrak's national passenger rail transportation
system.
``(6) Restructuring of national assets.--Not later than 1
year after the date of completion of the evaluation under
paragraph (4), the Administrator of the Federal Railroad
Administration, in consultation with the Amtrak Board of
Directors, the governors of each relevant State, and the Mayor
of the District of Columbia, or their designees, shall
restructure or reallocate, or both, the national assets costs
in accordance with the determination under that section,
including making appropriate updates to Amtrak's cost
accounting methodology and system.''.
(b) Effective Date.--The requirements for Amtrak to submit final 5-
year business line plans and 5-year asset plans under section 24320 of
title 49, United States Code, shall take effect 1 year after the date
of enactment of this Act.
(c) Conforming Amendments.--The table of contents for chapter 243,
as amended by section 35201 of this Act, is further amended by adding
at the end the following:
``24320. Amtrak 5-year business line and asset plans.''.
(d) Repeal of 5-Year Financial Plan.--Section 204 of the Passenger
Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note), and
the item relating to that section in the table of contents of that Act,
are repealed.
(e) Identification of Duplicative Reporting Requirements.--Not
later than 1 year after the date of enactment of this Act, the
Secretary shall--
(1) review existing Amtrak reporting requirements and
identify where the existing requirements are duplicative with
the business line and capital plans required by section 24320
of title 49, United States Code;
(2) if the duplicative reporting requirements are
administrative, the Secretary shall eliminate the duplicative
requirements; and
(3) submit to Congress a report with any recommendations
for repealing any other duplicative Amtrak reporting
requirements.
SEC. 35203. STATE-SUPPORTED ROUTE COMMITTEE.
(a) Amendment.--Chapter 247 is amended by adding at the end the
following:
``Sec. 24712. State-supported routes operated by Amtrak
``(a) State-Supported Route Committee.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the Railroad Reform, Enhancement, and
Efficiency Act, the Secretary of Transportation shall establish
the State-Supported Route Committee (referred to in this
section as the `Committee') to promote mutual cooperation and
planning pertaining to the rail operations of Amtrak and
related activities of trains operated by Amtrak on State-
supported routes and to further implement section 209 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note).
``(2) Membership.--
``(A) In general.--The Committee shall consist of--
``(i) members representing Amtrak;
``(ii) members representing the Department
of Transportation, including the Federal
Railroad Administration; and
``(iii) members representing States.
``(B) Non-voting members.--The Committee may invite
and accept other non-voting members to participate in
Committee activities, as appropriate.
``(3) Decisionmaking.--The Committee shall establish a bloc
voting system under which, at a minimum--
``(A) there are 3 separate voting blocs to
represent the Committee's voting members, including--
``(i) 1 voting bloc to represent the
members described in paragraph (2)(A)(i);
``(ii) 1 voting bloc to represent the
members described in paragraph (2)(A)(ii); and
``(iii) 1 voting bloc to represent the
members described in paragraph (2)(A)(iii);
``(B) each voting bloc has 1 vote;
``(C) the vote of the voting bloc representing the
members described in paragraph (2)(A)(iii) requires the
support of at least two-thirds of that voting bloc's
members; and
``(D) the Committee makes decisions by unanimous
consent of the 3 voting blocs.
``(4) Meetings; rules and procedures.--The Committee shall
convene a meeting and shall define and implement the rules and
procedures governing the Committee's proceedings not later than
180 days after the date of establishment of the Committee by
the Secretary. The rules and procedures shall--
``(A) incorporate and further describe the
decisionmaking procedures to be used in accordance with
paragraph (3); and
``(B) be adopted in accordance with such
decisionmaking procedures.
``(5) Committee decisions.--Decisions made by the Committee
in accordance with the Committee's rules and procedures, once
established, are binding on all Committee members.
``(6) Cost allocation methodology.--
``(A) In general.--Subject to subparagraph (B), the
Committee may amend the cost allocation methodology
required and previously approved under section 209 of
the Passenger Rail Investment and Improvement Act of
2008 (49 U.S.C. 24101 note).
``(B) Procedures for changing methodology.--The
rules and procedures implemented under paragraph (4)
shall include procedures for changing the cost
allocation methodology.
``(C) Requirements.--The cost allocation
methodology shall--
``(i) ensure equal treatment in the
provision of like services of all States and
groups of States; and
``(ii) allocate to each route the costs
incurred only for the benefit of that route and
a proportionate share, based upon factors that
reasonably reflect relative use, of costs
incurred for the common benefit of more than 1
route.
``(b) Invoices and Reports.--Not later than February 15, 2016, and
monthly thereafter, Amtrak shall provide to each State that sponsors a
State-supported route a monthly invoice of the cost of operating such
route, including fixed costs and third-party costs. The Committee shall
determine the frequency and contents of the financial and performance
reports that Amtrak shall provide to the States, as well as the
planning and demand reports that the States shall provide to Amtrak.
``(c) Dispute Resolution.--
``(1) Request for dispute resolution.--If a dispute arises
with respect to the rules and procedures implemented under
subsection (a)(4), an invoice or a report provided under
subsection (b), implementation or compliance with the cost
allocation methodology developed under section 209 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note) or amended under subsection (a)(6) of this
section, either Amtrak or the State may request that the
Surface Transportation Board conduct dispute resolution under
this subsection.
``(2) Procedures.--The Surface Transportation Board shall
establish procedures for resolution of disputes brought before
it under this subsection, which may include provision of
professional mediation services.
``(3) Binding effect.--A decision of the Surface
Transportation Board under this subsection shall be binding on
the parties to the dispute.
``(4) Obligation.--Nothing in this subsection shall affect
the obligation of a State to pay an amount not in dispute.
``(d) Assistance.--
``(1) In general.--The Secretary may provide assistance to
the parties in the course of negotiations for a contract for
operation of a State-supported route.
``(2) Financial assistance.--From among available funds,
the Secretary shall--
``(A) provide financial assistance to Amtrak or 1
or more States to perform requested independent
technical analysis of issues before the Committee; and
``(B) reimburse Members for travel expenses,
including per diem in lieu of subsistence, in
accordance with section 5703 of title 5.
``(e) Performance Metrics.--In negotiating a contract for operation
of a State-supported route, Amtrak and the State or States that sponsor
the route shall consider including provisions that provide penalties
and incentives for performance.
``(f) Statement of Goals and Objectives.--
``(1) In general.--The Committee shall develop a statement
of goals, objectives, and associated recommendations concerning
the future of State-supported routes operated by Amtrak. The
statement shall identify the roles and responsibilities of
Committee members and any other relevant entities, such as host
railroads, in meeting the identified goals and objectives, or
carrying out the recommendations. The Committee may consult
with such relevant entities, as the Committee considers
appropriate, when developing the statement.
``(2) Transmission of statement of goals and objectives.--
Not later than 2 years after the date of enactment of the
Railroad Reform, Enhancement, and Efficiency Act the Committee
shall transmit the statement developed under paragraph (1) to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.
``(g) Rule of Construction.--The decisions of the Committee--
``(1) shall pertain to the rail operations of Amtrak and
related activities of trains operated by Amtrak on State-
sponsored routes; and
``(2) shall not pertain to the rail operations or related
activities of services operated by other rail passenger
carriers on State-supported routes.
``(h) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Committee.
``(i) Definition of State.--In this section, the term `State' means
any of the 50 States, the District of Columbia, or a public entity that
sponsor the operation of trains by Amtrak on a State-supported
route.''.
(b) Technical and Conforming Amendments.--The table of contents for
chapter 247 is amended by adding at the end the following:
``24712. State-supported routes operated by Amtrak.''.
SEC. 35204. ROUTE AND SERVICE PLANNING DECISIONS.
Section 208 of the Passenger Rail Investment and Improvement Act of
2008 (49 U.S.C. 24101 note) is amended to read as follows:
``SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLANNING
DECISIONS.
``(a) Methodology Development.--Not later than 180 days after the
date of enactment of the Railroad Reform, Enhancement, and Efficiency
Act, as a condition of receiving a grant under section 101 of that Act,
Amtrak shall obtain the services of an independent entity to develop
and recommend objective methodologies for Amtrak to use in determining
what intercity rail passenger transportation routes and services it
should provide, including the establishment of new routes, the
elimination of existing routes, and the contraction or expansion of
services or frequencies over such routes.
``(b) Considerations.--Amtrak shall require the independent entity,
in developing the methodologies described in subsection (a), to
consider--
``(1) the current and expected performance and service
quality of intercity rail passenger transportation operations,
including cost recovery, on-time performance, ridership, on-
board services, stations, facilities, equipment, and other
services;
``(2) the connectivity of a route with other routes;
``(3) the transportation needs of communities and
populations that are not well served by intercity rail
passenger transportation service or by other forms of intercity
transportation;
``(4) the methodologies of Amtrak and major intercity rail
passenger transportation service providers in other countries
for determining intercity passenger rail routes and services;
``(5) the financial and operational effects on the overall
network, including the effects on indirect costs;
``(6) the views of States and the recommendations described
in State rail plans, rail carriers that own infrastructure over
which Amtrak operates, Interstate Compacts established by
Congress and States, Amtrak employee representatives,
stakeholder organizations, and other interested parties; and
``(7) the funding levels that will be available under
authorization levels that have been enacted into law.
``(c) Recommendations.--Not later than 1 year after the date of
enactment of the Railroad Reform, Enhancement, and Efficiency Act,
Amtrak shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives recommendations
developed by the independent entity under subsection (a).
``(d) Consideration of Recommendations.--Not later than 90 days
after the date the recommendations are transmitted under subsection
(c), Amtrak shall consider the adoption of each recommendation and
transmit to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report explaining the reasons for
adopting or not adopting each recommendation.''.
SEC. 35205. COMPETITION.
(a) Alternate Passenger Rail Service Pilot Program.--Section 24711
is amended to read as follows:
``Sec. 24711. Alternate passenger rail service pilot program
``(a) In General.--Not later than 18 months after the date of
enactment of the Railroad Reform, Enhancement, and Efficiency Act, the
Secretary of Transportation shall promulgate a rule to implement a
pilot program for competitive selection of rail carriers for long-
distance routes (as defined in section 24102).
``(b) Pilot Program Requirements.--
``(1) In general.--The pilot program shall--
``(A) allow a party described in paragraph (2) to
petition the Secretary to provide intercity rail
passenger transportation over a long-distance route in
lieu of Amtrak for an operations period of 4 years from
the date of commencement of service by the winning
bidder and, at the option of the Secretary, consistent
with the rule promulgated under subsection (a), allow
the contract to be renewed for an additional operations
period of 4 years, but not to exceed a total of 3
operations periods;
``(B) require the Secretary to--
``(i) notify the petitioner and Amtrak of
receipt of the petition under subparagraph (A)
and to publish in the Federal Register a notice
of receipt not later than 30 days after the
date of receipt; and
``(ii) establish a deadline, of not more
than 120 days after the notice of receipt is
published in the Federal Register under clause
(i), by which both the petitioner and Amtrak,
if Amtrak chooses to do so, would be required
to submit a complete bid to provide intercity
rail passenger transportation over the
applicable route;
``(C) require that each bid--
``(i) describe the capital needs, financial
projections, and operational plans, including
staffing plans, for the service, and such other
factors as the Secretary considers appropriate;
and
``(ii) be made available by the winning
bidder to the public after the bid award;
``(D) for a route that receives funding from a
State or States, require that for each bid received
from a party described in paragraph (2), other than a
State, the Secretary have the concurrence of the State
or States that provide funding for that route;
``(E) for a winning bidder that is not or does not
include Amtrak, require the Secretary to execute a
contract not later than 270 days after the deadline
established under subparagraph (B)(ii) and award to the
winning bidder--
``(i) subject to paragraphs (3) and (4),
the right and obligation to provide intercity
rail passenger transportation over that route
subject to such performance standards as the
Secretary may require; and
``(ii) an operating subsidy, as determined
by the Secretary, for--
``(I) the first year at a level
that does not exceed 90 percent of the
level in effect for that specific route
during the fiscal year preceding the
fiscal year in which the petition was
received, adjusted for inflation; and
``(II) any subsequent years at the
level calculated under subclause (I),
adjusted for inflation; and
``(F) for a winning bidder that is or includes
Amtrak, award to that bidder an operating subsidy, as
determined by the Secretary, over the applicable route
that will not change during the fiscal year in which
the bid was submitted solely as a result of the winning
bid.
``(2) Eligible petitioners.--The following parties are
eligible to submit petitions under paragraph (1):
``(A) A rail carrier or rail carriers that own the
infrastructure over which Amtrak operates a long-
distance route.
``(B) A rail passenger carrier with a written
agreement with the rail carrier or rail carriers that
own the infrastructure over which Amtrak operates a
long-distance route and that host or would host the
intercity rail passenger transportation.
``(C) A State, group of States, or State-supported
joint powers authority or other sub-State governance
entity responsible for provision of intercity rail
passenger transportation with a written agreement with
the rail carrier or rail carriers that own the
infrastructure over which Amtrak operates a long-
distance route and that host or would host the
intercity rail passenger transportation.
``(D) A State, group of States, or State-supported
joint powers authority or other sub-State governance
entity responsible for provision of intercity rail
passenger transportation and a rail passenger carrier
with a written agreement with the rail carrier or rail
carriers that own the infrastructure over which Amtrak
operates a long-distance route and that host or would
host the intercity rail passenger transportation.
``(3) Performance standards.--If the winning bidder under
paragraph (1)(E)(i) is not or does not include Amtrak, the
performance standards shall be consistent with the performance
required of or achieved by Amtrak on the applicable route
during the last fiscal year.
``(4) Agreement governing access issues.--Unless the
winning bidder already has applicable access agreements in
place or includes a rail carrier that owns the infrastructure
used in the operation of the route, the winning bidder under
paragraph (1)(E)(i) shall enter into a written agreement
governing access issues between the winning bidder and the rail
carrier or rail carriers that own the infrastructure over which
the winning bidder would operate and that host or would host
the intercity rail passenger transportation.
``(c) Access to Facilities; Employees.--If the Secretary awards the
right and obligation to provide rail passenger transportation over a
route under this section to an entity in lieu of Amtrak--
``(1) the Secretary shall require Amtrak to provide access
to the Amtrak-owned reservation system, stations, and
facilities directly related to operations of the awarded routes
to the rail passenger carrier awarded a contract under this
section, in accordance with subsection (g), as necessary to
carry out the purposes of this section;
``(2) an employee of any person, except for a freight
railroad or a person employed or contracted by a freight
railroad, used by such rail passenger carrier in the operation
of a route under this section shall be considered an employee
of that rail passenger carrier and subject to the applicable
Federal laws and regulations governing similar crafts or
classes of employees of Amtrak; and
``(3) the winning bidder shall provide hiring preference to
qualified Amtrak employees displaced by the award of the bid,
consistent with the staffing plan submitted by the bidder, and
shall be subject to the grant conditions under section 24405.
``(d) Cessation of Service.--If a rail passenger carrier awarded a
route under this section ceases to operate the service or fails to
fulfill an obligation under the contract required under subsection
(b)(1)(E), the Secretary shall take any necessary action consistent
with this title to enforce the contract and ensure the continued
provision of service, including--
``(1) the installment of an interim rail passenger carrier;
``(2) providing to the interim rail passenger carrier under
paragraph (1) an operating subsidy necessary to provide
service; and
``(3) rebidding the contract to operate the rail passenger
transportation.
``(e) Budget Authority.--
``(1) In general.--The Secretary shall provide to a winning
bidder that is not or does not include Amtrak and that is
selected under this section any appropriations withheld under
section 35101(c) of the Railroad Reform, Enhancement, and
Efficiency Act, or any subsequent appropriation for the same
purpose, necessary to cover the operating subsidy described in
subsection (b)(1)(E)(ii).
``(2) Amtrak.--If the Secretary selects a winning bidder
that is not or does not include Amtrak, the Secretary may
provide to Amtrak an appropriate portion of the appropriations
under section 35101(a) of the Railroad Reform, Enhancement, and
Efficiency Act, or any subsequent appropriation for the same
purpose, to cover any cost directly attributable to the
termination of Amtrak service on the route and any indirect
costs to Amtrak imposed on other Amtrak routes as a result of
losing service on the route operated by the winning bidder. Any
amount provided by the Secretary to Amtrak under this paragraph
shall not be deducted from or have any effect on the operating
subsidy described in subsection (b)(1)(E)(ii).
``(f) Deadline.--If the Secretary does not promulgate the final
rule and implement the program before the deadline under subsection
(a), the Secretary 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 letter, signed by
the Secretary and Administrator of the Federal Railroad Administration,
each month until the rule is complete, including--
``(1) the reasons why the rule has not been issued;
``(2) an updated staffing plan for completing the rule as
soon as feasible;
``(3) the contact information of the official that will be
overseeing the execution of the staffing plan; and
``(4) the estimated date of completion of the rule.
``(g) Disputes.--If Amtrak and the rail passenger carrier awarded a
route under this section cannot agree upon terms to carry out
subsection (c)(1), and the Surface Transportation Board finds that
access to Amtrak's facilities or equipment, or the provision of
services by Amtrak, is necessary under subsection (c)(1) and that the
operation of Amtrak's other services will not be impaired thereby, the
Surface Transportation Board shall issue an order that the facilities
and equipment be made available, and that services be provided, by
Amtrak, and shall determine reasonable compensation, liability, and
other terms for use of the facilities and equipment and provision of
the services.
``(h) Limitation.--Not more than 3 long-distance routes may be
selected under this section for operation by a winning bidder that is
not or does not include Amtrak.
``(i) Preservation of Right to Competition on State-Supported
Routes.--Nothing in this section shall be construed as prohibiting a
State from introducing competition for intercity rail passenger
transportation or services on its State-supported route or routes.''.
(b) Report.--Not later than 4 years after the date of
implementation of the pilot program under section 24711 of title 49,
United States Code, and quadrennially thereafter until the pilot
program is discontinued, the Secretary 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 results on the pilot program to date and any
recommendations for further action.
SEC. 35206. ROLLING STOCK PURCHASES.
(a) In General.--Prior to entering into any contract in excess of
$100,000,000 for rolling stock and locomotive procurements Amtrak shall
submit a business case analysis to the Secretary, the Committee on
Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House of
Representatives, on the utility of such procurements.
(b) Contents.--The business case analysis shall--
(1) include a cost and benefit comparison that describes
the total lifecycle costs and the anticipated benefits related
to revenue, operational efficiency, reliability, and other
factors;
(2) set forth the total payments by fiscal year;
(3) identify the specific source and amounts of funding for
each payment, including Federal funds, State funds, Amtrak
profits, Federal, State, or private loans or loan guarantees,
and other funding;
(4) include an explanation of whether any payment under the
contract will increase Amtrak's grant request, as required
under section 24318 of title 49, United States Code, in that
particular fiscal year; and
(5) describe how Amtrak will adjust the procurement if
future funding is not available.
(c) Rule of Construction.--Nothing in this section shall be
construed as requiring Amtrak to disclose confidential information
regarding a potential vendor's proposed pricing or other sensitive
business information prior to contract execution.
SEC. 35207. FOOD AND BEVERAGE POLICY.
(a) In General.--Chapter 243, as amended in section 35202 of this
Act, is further amended by adding after section 24320 the following:
``Sec. 24321. Food and beverage reform
``(a) Plan.--Not later than 90 days after the date of enactment of
the Railroad Reform, Enhancement, and Efficiency Act, Amtrak shall
develop and begin implementing a plan to eliminate, not later than 4
years after the date of enactment of that Act, the operating loss
associated with providing food and beverage service on board Amtrak
trains.
``(b) Considerations.--In developing and implementing the plan
under subsection (a), Amtrak shall consider a combination of cost
management and revenue generation initiatives, including--
``(1) scheduling optimization;
``(2) onboard logistics;
``(3) product development and supply chain efficiency;
``(4) training, awards, and accountability;
``(5) technology enhancements and process improvements; and
``(6) ticket revenue allocation.
``(c) Savings Clause.--Amtrak shall ensure that no Amtrak employee
holding a position as of the date of enactment of the Railroad Reform,
Enhancement, and Efficiency Act is involuntarily separated because of--
``(1) the development and implementation of the plan
required under subsection (a); or
``(2) any other action taken by Amtrak to implement this
section.
``(d) No Federal Funding for Operating Losses.--Beginning on the
date that is 4 years after the date of enactment of the Railroad
Reform, Enhancement, and Efficiency Act, no Federal funds may be used
to cover any operating loss associated with providing food and beverage
service on a route operated by Amtrak or an alternative passenger rail
service provider that operates a route in lieu of Amtrak under section
24711.
``(e) Report.--Not later than 120 days after the date of enactment
of the Railroad Reform, Enhancement, and Efficiency Act, and annually
thereafter for a period of 4 years, Amtrak shall transmit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the plan developed under subsection (a) and
a description of progress in the implementation of the plan.''.
(b) Conforming Amendment.--The table of contents for chapter 243,
as amended in section 35202 of this Act, is amended by adding at the
end the following:
``24321. Food and beverage reform.''.
SEC. 35208. LOCAL PRODUCTS AND PROMOTIONAL EVENTS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, Amtrak shall establish a pilot program for a
State or States that sponsor a State-supported route operated by Amtrak
to facilitate--
(1) onboard purchase and sale of local food and beverage
products; and
(2) partnerships with local entities to hold promotional
events on trains or in stations.
(b) Program Design.--The pilot program under paragraph (1) shall
allow a State or States--
(1) to nominate and select a local food and beverage
products supplier or suppliers or local promotional event
partner;
(2) to charge a reasonable price or fee for local food and
beverage products or promotional events and related activities
to help defray the costs of program administration and State-
supported routes; and
(3) a mechanism to ensure that State products can
effectively be handled and integrated into existing food and
beverage services, including compliance with all applicable
regulations and standards governing such services.
(c) Program Administration.--The pilot program shall--
(1) for local food and beverage products, ensure the
products are integrated into existing food and beverage
services, including compliance with all applicable regulations
and standards;
(2) for promotional events, ensure the events are held in
compliance with all applicable regulations and standards,
including terms to address insurance requirements; and
(3) require an annual report that documents revenues and
costs and indicates whether the products or events resulted in
a reduction in the financial contribution of a State or States
to the applicable State-supported route.
(d) Report.--Not later than 4 years after the date of establishment
of the pilot programs under this section, Amtrak shall report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives on which States have participated in the pilot programs
under this section. The report shall summarize the financial and
operational outcomes of the pilot programs.
(e) Rule of Construction.--Nothing in this subsection shall be
construed as limiting Amtrak's ability to operate special trains in
accordance with section 216 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24308 note).
SEC. 35209. RIGHT-OF-WAY LEVERAGING.
(a) Request for Proposals.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, Amtrak shall issue a Request for
Proposals seeking qualified persons or entities to utilize
right-of-way and real estate owned, controlled, or managed by
Amtrak for telecommunications systems, energy distribution
systems, and other activities considered appropriate by Amtrak.
(2) Contents.--The Request for Proposals shall provide
sufficient information on the right-of-way and real estate
assets to enable respondents to propose an arrangement that
will monetize or generate additional revenue from such assets
through revenue sharing or leasing agreements with Amtrak, to
the extent possible.
(b) Consideration of Proposals.--Not later than 180 days following
the deadline for the receipt of proposals under subsection (a), Amtrak
shall review and consider each qualified proposal. Amtrak may enter
into such agreements as are necessary to implement any qualified
proposal.
(c) Report.--Not later than 270 days following the deadline for the
receipt of proposals under subsection (a), Amtrak shall transmit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the Request for Proposals required by this
section, including summary information of any proposals submitted to
Amtrak and any proposals accepted by Amtrak.
(d) Savings Clause.--Nothing in this section shall be construed to
limit Amtrak's ability to utilize right-of-way or real estate assets
that it currently owns, controls, or manages or constrain Amtrak's
ability to enter into agreements with other parties to utilize such
assets.
SEC. 35210. STATION DEVELOPMENT.
(a) Report on Development Options.--Not later than 1 year after the
date of the enactment of this Act, Amtrak shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives that describes--
(1) options to enhance economic development and
accessibility of and around Amtrak stations and terminals, for
the purposes of--
(A) improving station condition, functionality,
capacity, and customer amenities;
(B) generating additional investment capital and
development-related revenue streams;
(C) increasing ridership and revenue;
(D) complying with the applicable sections of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) and the Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.); and
(E) strengthening multimodal connections, including
transit, intercity buses, roll-on and roll-off
bicycles, and airports, as appropriate; and
(2) options for additional Amtrak stops that would have a
positive incremental financial impact to Amtrak, based on
Amtrak feasibility studies that demonstrate a financial benefit
to Amtrak by generating additional revenue that exceeds any
incremental costs.
(b) Request for Information.--Not later than 90 days after the date
the report is transmitted under subsection (a), Amtrak shall issue a
Request of Information for 1 or more owners of stations served by
Amtrak to formally express an interest in completing the requirements
of this section.
(c) Proposals.--
(1) Request for proposals.--Not later than 180 days after
the date the Request for Information is issued under subsection
(a), Amtrak shall issue a Request for Proposals from qualified
persons, including small business concerns owned and controlled
by socially and economically disadvantaged individuals and
veteran-owned small businesses, to lead, participate, or
partner with Amtrak, a station owner that responded under
subsection (b), and other entities in enhancing development in
and around such stations and terminals using applicable options
identified under subsection (a) at facilities selected by
Amtrak.
(2) Consideration of proposals.--Not later than 1 year
after the date the Request for Proposals are issued under
paragraph (1), Amtrak shall review and consider qualified
proposals submitted under paragraph (1). Amtrak or a station
owner that responded under subsection (b) may enter into such
agreements as are necessary to implement any qualified
proposal.
(d) Report.--Not later than 3 years after the date of enactment of
this Act, Amtrak shall transmit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on the
Request for Proposals process required under this section, including
summary information of any qualified proposals submitted to Amtrak and
any proposals acted upon by Amtrak or a station owner that responded
under subsection (b).
(e) Definitions.--In this section, the terms ``small business
concern'', ``socially and economically disadvantaged individual'', and
``veteran-owned small business'' have the meanings given the terms in
section 304(c) of this Act.
(f) Savings Clause.--Nothing in this section shall be construed to
limit Amtrak's ability to develop its stations, terminals, or other
assets, to constrain Amtrak's ability to enter into and carry out
agreements with other parties to enhance development at or around
Amtrak stations or terminals, or to affect any station development
initiatives ongoing as of the date of enactment of this Act.
SEC. 35211. AMTRAK DEBT.
Section 205 of the Passenger Rail Investment and Improvement Act of
2008 (49 U.S.C. 24101 note) is amended--
(1) by striking ``as of the date of enactment of this Act''
each place it appears;
(2) in subsection (a)--
(A) by inserting ``, to the extent provided in
advance in appropriations Acts'' after ``Amtrak's
indebtedness''; and
(B) by striking the second sentence;
(3) in subsection (b), by striking ``The Secretary of the
Treasury, in consultation'' and inserting ``To the extent
amounts are provided in advance in appropriations Acts, the
Secretary of the Treasury, in consultation'';
(4) in subsection (d), by inserting ``, to the extent
provided in advance in appropriations Acts'' after ``as
appropriate'';
(5) in subsection (e)--
(A) in paragraph (1), by striking ``by section 102
of this division''; and
(B) in paragraph (2), by striking ``by section
102'' and inserting ``for Amtrak'';
(6) in subsection (g), by inserting ``, unless that debt
receives credit assistance, including direct loans and loan
guarantees, under chapter 6 of title 23, United States Code or
title V of the Railroad Revitalization and Regulatory Act of
1976 (45 U.S.C. 821 et seq.)'' after ``Secretary''; and
(7) by striking subsection (h).
SEC. 35212. AMTRAK PILOT PROGRAM FOR PASSENGERS TRANSPORTING
DOMESTICATED CATS AND DOGS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, Amtrak shall develop a pilot program that allows
passengers to transport domesticated cats or dogs on certain trains
operated by Amtrak.
(b) Pet Policy.--In developing the pilot program required under
subsection (a), Amtrak shall--
(1) in the case of a passenger train that is comprised of
more than 1 car, designate, where feasible, at least 1 car in
which a ticketed passenger may transport a domesticated cat or
dog in the same manner as carry-on baggage if--
(A) the cat or dog is contained in a pet kennel;
(B) the pet kennel complies with Amtrak size
requirements for carriage of carry-on baggage;
(C) the passenger is traveling on a train operating
on a route described in subparagraph (A), (B), or (D)
of section 24102(6) of title 49, United States Code;
and
(D) the passenger pays a fee described in paragraph
(3);
(2) allow a ticketed passenger to transport a domesticated
cat or dog on a train in the same manner as cargo if--
(A) the cat or dog is contained in a pet kennel;
(B) the pet kennel is stowed in accordance with
Amtrak requirements for cargo stowage;
(C) the passenger is traveling on a train operating
on a route described in subparagraph (A), (B), or (D)
of section 24102(6) of title 49, United States Code;
(D) the cargo area is temperature controlled in a
manner protective of cat and dog safety and health; and
(E) the passenger pays a fee described in paragraph
(3); and
(3) collect fees for each cat or dog transported by a
ticketed passenger in an amount that, in the aggregate and at a
minimum, covers the full costs of the pilot program.
(c) Report.--Not later than 1 year after the pilot program required
under subsection (a) is first implemented, Amtrak shall transmit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report containing an evaluation of the pilot program.
(d) Limitation on Statutory Construction.--
(1) Service animals.--The pilot program under subsection
(a) shall be separate from and in addition to the policy
governing Amtrak passengers traveling with service animals.
Nothing in this section may be interpreted to limit or waive
the rights of passengers to transport service animals.
(2) Additional train cars.--Nothing in this section may be
interpreted to require Amtrak to add additional train cars or
modify existing train cars.
(3) Federal funds.--No Federal funds may be used to
implement the pilot program required under this section.
SEC. 35213. AMTRAK BOARD OF DIRECTORS.
(a) In General.--Section 24302(a) is amended to read as follows:
``(a) Composition and Terms.--
``(1) In general.--The Amtrak Board of Directors (referred
to in this section as the `Board') is composed of the following
9 directors, each of whom must be a citizen of the United
States:
``(A) The Secretary of Transportation.
``(B) The President of Amtrak.
``(C) 7 individuals appointed by the President of
the United States, by and with the advice and consent
of the Senate, with general business and financial
experience, experience or qualifications in
transportation, freight and passenger rail
transportation, travel, hospitality, or passenger air
transportation businesses, or representatives of
employees or users of passenger rail transportation or
a State government.
``(2) Selection.--In selecting individuals described in
paragraph (1)(C) for nominations for appointments to the Board,
the President shall consult with the Speaker of the House of
Representatives, the minority leader of the House of
Representatives, the majority leader of the Senate, and the
minority leader of the Senate. The individuals appointed to the
Board under paragraph (1)(C) shall be composed of the
following;
``(A) 2 individuals from the Northeast Corridor.
``(B) 4 individuals from regions of the country
outside of the Northeast Corridor and geographically
distributed with--
``(i) 2 individuals from States with long-
distance routes operated by Amtrak; and
``(ii) 2 individuals from States with
State-supported routes operated by Amtrak.
``(C) 1 individual from the Northeast Corridor or a
State with long-distance or State-supported routes.
``(3) Term.--An individual appointed under paragraph (1)(C)
shall be appointed for a term of 5 years. The term may be
extended until the individual's successor is appointed and
qualified. Not more than 4 individuals appointed under
paragraph (1)(C) may be members of the same political party.
``(4) Chairperson and vice chairperson.--The Board shall
elect a chairperson and vice chairperson, other than the
President of Amtrak, from among its membership. The vice
chairperson shall serve as chairperson in the absence of the
chairperson.
``(5) Secretary's designee.--The Secretary may be
represented at Board meetings by the Secretary's designee.''.
(b) Rule of Construction.--Nothing in this section shall be
construed as affecting the term of any director serving on the Amtrak
Board of Directors under section 24302(a)(1)(C) of title 49, United
States Code, on the day preceding the date of enactment of this Act.
SEC. 35214. AMTRAK BOARDING PROCEDURES.
(a) Report.--Not later than 6 months after the date of enactment of
this Act, the Amtrak Office of Inspector General shall submit a report
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives that--
(1) evaluates Amtrak's boarding procedures for passengers,
including passengers using or transporting nonmotorized
transportation, such as wheelchairs and bicycles, at its 15
stations through which the most people pass;
(2) compares Amtrak's boarding procedures to--
(A) commuter railroad boarding procedures at
stations shared with Amtrak;
(B) international intercity passenger rail boarding
procedures; and
(C) fixed guideway transit boarding procedures; and
(3) makes recommendations, as appropriate, in consultation
with the Transportation Security Administration, to improve
Amtrak's boarding procedures, including recommendations
regarding the queuing of passengers and free-flow of all
station users and facility improvements needed to achieve the
recommendations.
(b) Consideration of Recommendations.--Not later than 6 months
after the report is submitted under subsection (a), Amtrak shall
consider each recommendation provided under subsection (a)(3) for
implementation at appropriate locations across the Amtrak system.
Subtitle C--Intercity Passenger Rail Policy
SEC. 35301. COMPETITIVE OPERATING GRANTS.
(a) In General.--Chapter 244 is amended--
(1) by striking section 24406; and
(2) by inserting after section 24405 the following:
``Sec. 24406. Competitive operating grants
``(a) Applicant Defined.--In this section, the term `applicant'
means--
``(1) a State;
``(2) a group of States;
``(3) an Interstate Compact;
``(4) a public agency or publicly chartered authority
established by 1 or more States and having responsibility for
providing intercity rail passenger transportation or commuter
rail passenger transportation;
``(5) a political subdivision of a State;
``(6) Amtrak or another rail passenger carrier that
provides intercity rail passenger transportation;
``(7) Any rail carrier in partnership with at least 1 of
the entities described in paragraphs (1) through (5); and
``(8) any combination of the entities described in
paragraphs (1) through (7).
``(b) Grants Authorized.--The Secretary of Transportation shall
develop and implement a program for issuing 3-year operating assistance
grants to applicants, on a competitive basis, for the purpose of
initiating, restoring, or enhancing intercity rail passenger service.
``(c) Application.--An applicant for a grant under this section
shall submit to the Secretary--
``(1) a capital and mobilization plan that--
``(A) describes any capital investments, service
planning actions (such as environmental reviews), and
mobilization actions (such as qualification of train
crews) required for initiation of service; and
``(B) includes the timeline for undertaking and
completing each of the investments and actions referred
to in subparagraph (A);
``(2) an operating plan that describes the planned
operation of the service, including--
``(A) the identity and qualifications of the train
operator;
``(B) the identity and qualifications of any other
service providers;
``(C) service frequency;
``(D) the planned routes and schedules;
``(E) the station facilities that will be utilized;
``(F) projected ridership, revenues, and costs;
``(G) descriptions of how the projections under
subparagraph (F) were developed;
``(H) the equipment that will be utilized, how such
equipment will be acquired or refurbished, and where
such equipment will be maintained; and
``(I) a plan for ensuring safe operations and
compliance with applicable safety regulations;
``(3) a funding plan that--
``(A) describes the funding of initial capital
costs and operating costs for the first 3 years of
operation;
``(B) includes a commitment by the applicant to
provide the funds described in subparagraph (A) to the
extent not covered by Federal grants and revenues; and
``(C) describes the funding of operating costs and
capital costs, to the extent necessary, after the first
3 years of operation; and
``(4) a description of the status of negotiations and
agreements with--
``(A) each of the railroads or regional
transportation authorities whose tracks or facilities
would be utilized by the service;
``(B) the anticipated rail passenger carrier, if
such entity is not part of the applicant group; and
``(C) any other service providers or entities
expected to provide services or facilities that will be
used by the service, including any required access to
Amtrak systems, stations, and facilities if Amtrak is
not part of the applicant group.
``(d) Priorities.--In awarding grants under this section, the
Secretary shall give priority to applications--
``(1) for which planning, design, any environmental
reviews, negotiation of agreements, acquisition of equipment,
construction, and other actions necessary for initiation of
service have been completed or nearly completed;
``(2) that would restore service over routes formerly
operated by Amtrak, including routes with international
connections;
``(3) that would provide daily or daytime service over
routes where such service did not previously exist;
``(4) that include private funding (including funding from
railroads), and funding or other significant participation by
State, local, and regional governmental and private entities;
``(5) that include a funding plan that demonstrates the
intercity rail passenger service will be financially
sustainable beyond the 3-year grant period;
``(6) that would provide service to regions and communities
that are underserved or not served by other intercity public
transportation;
``(7) that would foster economic development, particularly
in rural communities and for disadvantaged populations;
``(8) that would provide other non-transportation benefits;
and
``(9) that would enhance connectivity and geographic
coverage of the existing national network of intercity
passenger rail service.
``(e) Limitations.--
``(1) Duration.--Federal operating assistance grants
authorized under this section for any individual intercity rail
passenger transportation route may not provide funding for more
than 3 years and may not be renewed.
``(2) Limitation.--Not more than 6 of the operating
assistance grants awarded pursuant to subsection (b) may be
simultaneously active.
``(3) Maximum funding.--Grants described in paragraph (1)
may not exceed--
``(A) 80 percent of the projected net operating
costs for the first year of service;
``(B) 60 percent of the projected net operating
costs for the second year of service; and
``(C) 40 percent of the projected net operating
costs for the third year of service.
``(f) Use With Capital Grants and Other Federal Funding.--A
recipient of an operating assistance grant under subsection (b) may use
that grant in combination with other grants awarded under this chapter
or any other Federal funding that would benefit the applicable service.
``(g) Availability.--Amounts appropriated for carrying out this
section shall remain available until expended.
``(h) Coordination With Amtrak.--If the Secretary awards a grant
under this section to a rail passenger carrier other than Amtrak,
Amtrak may be required under section 24711(c)(1) of this title to
provide access to its reservation system, stations, and facilities that
are directly related to operations to such carrier, to the extent
necessary to carry out the purposes of this section. The Secretary may
award an appropriate portion of the grant to Amtrak as compensation for
this access.
``(i) Conditions.--
``(1) Grant agreement.--The Secretary shall require grant
recipients under this section to enter into a grant agreement
that requires them to provide similar information regarding the
route performance, financial, and ridership projections, and
capital and business plans that Amtrak is required to provide,
and such other data and information as the Secretary deems
necessary.
``(2) Installments; termination.--The Secretary may--
``(A) award grants under this section in
installments, as the Secretary considers appropriate;
and
``(B) terminate any grant agreement upon--
``(i) the cessation of service; or
``(ii) the violation of any other term of
the grant agreement.
``(3) Grant conditions.--Except as specifically provided in
this section, the use of any amounts appropriated for grants
under this section shall be subject to the requirements under
this chapter.
``(j) Report.--Not later than 4 years after the date of enactment
of the Railroad Reform, Enhancement, and Efficiency Act, the Secretary,
after consultation with grant recipients under this section, shall
submit a report to Congress that describes--
``(1) the implementation of this section;
``(2) the status of the investments and operations funded
by such grants;
``(3) the performance of the routes funded by such grants;
``(4) the plans of grant recipients for continued operation
and funding of such routes; and
``(5) any legislative recommendations.''.
(b) Conforming Amendments.--Chapter 244 is amended--
(1) in the table of contents, by inserting after the item
relating to section 24405 the following:
``24406. Competitive operating grants.'';
(2) in the chapter title, by striking ``INTERCITY PASSENGER
RAIL SERVICE CORRIDOR CAPITAL'' and inserting ``RAIL CAPITAL
AND OPERATING'';
(3) in section 24401, by striking paragraph (1);
(4) in section 24402, by striking subsection (j) and
inserting the following:
``(j) Applicant Defined.--In this section, the term `applicant'
means a State (including the District of Columbia), a group of States,
an Interstate Compact, a public agency or publicly chartered authority
established by 1 or more States and having responsibility for providing
intercity rail passenger transportation, or a political subdivision of
a State.''; and
(5) in section 24405--
(A) in subsection (b)--
(i) by inserting ``, or for which an
operating grant is issued under section
24406,'' after ``chapter''; and
(ii) in paragraph (2), by striking ``(43''
and inserting ``(45'';
(B) in subsection (d)(1), in the matter preceding
subparagraph (A), by inserting ``or unless Amtrak
ceased providing intercity passenger railroad
transportation over the affected route more than 3
years before the commencement of new service'' after
``unless such service was provided solely by Amtrak to
another entity'';
(C) in subsection (f), by striking ``under this
chapter for commuter rail passenger transportation, as
defined in section 24012(4) of this title.'' and
inserting ``under this chapter for commuter rail
passenger transportation (as defined in section
24102(3)).''; and
(D) by adding at the end the following:
``(g) Special Transportation Circumstances.--In carrying out this
chapter, the Secretary shall allocate an appropriate portion of the
amounts available under this chapter to provide grants to States--
``(1) in which there is no intercity passenger rail
service, for the purpose of funding freight rail capital
projects that are on a State rail plan developed under chapter
227 that provide public benefits (as defined in chapter 227),
as determined by the Secretary; or
``(2) in which the rail transportation system is not
physically connected to rail systems in the continental United
States or may not otherwise qualify for a grant under this
section due to the unique characteristics of the geography of
that State or other relevant considerations, for the purpose of
funding transportation-related capital projects.''.
SEC. 35302. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR.
(a) Amendment.--Chapter 244 is amended by inserting after section
24406, as added by section 5301 of this Act, the following:
``Sec. 24407. Federal-State partnership for state of good repair
``(a) Definitions.--In this section:
``(1) Applicant.--The term `applicant' means--
``(A) a State (including the District of Columbia);
``(B) a group of States;
``(C) an Interstate Compact;
``(D) a public agency or publicly chartered
authority established by 1 or more States that has
responsibility for providing intercity rail passenger
transportation or commuter rail passenger
transportation;
``(E) a political subdivision of a State;
``(F) Amtrak, acting on its own behalf or under a
cooperative agreement with 1 or more States; or
``(G) any combination of the entities described in
subparagraphs (A) through (F).
``(2) Capital project.--The term `capital project' means--
``(A) a project primarily intended to replace,
rehabilitate, or repair major infrastructure assets
utilized for providing intercity passenger rail
service, including tunnels, bridges, stations, and
other assets, as determined by the Secretary; or
``(B) a project primarily intended to improve
intercity passenger rail performance, including reduced
trip times, increased train frequencies, higher
operating speeds, and other improvements, as determined
by the Secretary.
``(3) Northeast corridor.--The term `Northeast Corridor'
means--
``(A) the main rail line between Boston,
Massachusetts and the Virginia Avenue interlocking in
the District of Columbia; and
``(B) the branch rail lines connecting to
Harrisburg, Pennsylvania, Springfield, Massachusetts,
and Spuyten Duyvil, New York.
``(4) Qualified railroad asset.--The term `qualified
railroad asset' means infrastructure, equipment, or a facility
that--
``(A) is owned or controlled by an eligible
applicant; and
``(B) was not in a state of good repair on the date
of enactment of the Railroad Reform, Enhancement, and
Efficiency Act.
``(b) Grant Program Authorized.--The Secretary of Transportation
shall develop and implement a program for issuing grants to applicants,
on a competitive basis, to fund capital projects that reduce the state
of good repair backlog on qualified railroad assets.
``(c) Eligible Projects.--Projects eligible for grants under this
section include capital projects to replace or rehabilitate qualified
railroad assets, including--
``(1) capital projects to replace existing assets in-kind;
``(2) capital projects to replace existing assets with
assets that increase capacity or provide a higher level of
service; and
``(3) capital projects to ensure that service can be
maintained while existing assets are brought to a state of good
repair.
``(d) Project Selection Criteria.--In selecting an applicant for a
grant under this section, the Secretary shall--
``(1) give preference to eligible projects--
``(A) that are consistent with the goals,
objectives, and policies defined in any regional rail
planning document that is applicable to a project
proposal; and
``(B) for which the proposed Federal share of total
project costs does not exceed 50 percent; and
``(2) take into account--
``(A) the cost-benefit analysis of the proposed
project, including anticipated private and public
benefits relative to the costs of the proposed project,
including--
``(i) effects on system and service
performance;
``(ii) effects on safety, competitiveness,
reliability, trip or transit time, and
resilience;
``(iii) efficiencies from improved
integration with other modes; and
``(iv) ability to meet existing or
anticipated demand;
``(B) the degree to which the proposed project's
business plan considers potential private sector
participation in the financing, construction, or
operation of the proposed project;
``(C) the applicant's past performance in
developing and delivering similar projects, and
previous financial contributions;
``(D) whether the applicant has, or will have--
``(i) the legal, financial, and technical
capacity to carry out the project;
``(ii) satisfactory continuing control over
the use of the equipment or facilities; and
``(iii) the capability and willingness to
maintain the equipment or facilities;
``(E) if applicable, the consistency of the project
with planning guidance and documents set forth by the
Secretary or required by law; and
``(F) any other relevant factors, as determined by
the Secretary.
``(e) Planning Requirements.--A project is not eligible for a grant
under this section unless the project is specifically identified--
``(1) on a State rail plan prepared in accordance with
chapter 227; or
``(2) if the project is located on the Northeast Corridor,
on the Northeast Corridor Capital Investment Plan developed
pursuant to section 24904(a).
``(f) Northeast Corridor Projects.--
``(1) Compliance with usage agreements.--Grant funds may
not be provided under this section to an eligible recipient for
an eligible project located on the Northeast Corridor unless
Amtrak and the public authorities providing commuter rail
passenger transportation on the Northeast Corridor are in
compliance with section 24905(c)(2).
``(2) Capital investment plan.--When selecting projects
located on the Northeast Corridor, the Secretary shall consider
the appropriate sequence and phasing of projects as contained
in the Northeast Corridor Capital Investment Plan developed
pursuant to section 24904(a).
``(g) Federal Share of Total Project Costs.--
``(1) Total project cost.--The Secretary shall estimate the
total cost of a project under this section based on the best
available information, including engineering studies, studies
of economic feasibility, environmental analyses, and
information on the expected use of equipment or facilities.
``(2) Federal share.--The Federal share of total costs for
a project under this subsection shall not exceed 80 percent.
``(3) Treatment of amtrak revenue.--If Amtrak or another
rail passenger carrier is an applicant under this section,
Amtrak or the other rail passenger carrier, as applicable, may
use ticket and other revenues generated from its operations and
other sources to satisfy the non-Federal share requirements.
``(h) Letters of Intent.--
``(1) In general.--The Secretary may issue a letter of
intent to a grantee under this section that--
``(A) announces an intention to obligate, for a
major capital project under this section, an amount
from future available budget authority specified in law
that is not more than the amount stipulated as the
financial participation of the Secretary in the
project; and
``(B) states that the contingent commitment--
``(i) is not an obligation of the Federal
Government; and
``(ii) is subject to the availability of
appropriations under Federal law and to Federal
laws in force or enacted after the date of the
contingent commitment.
``(2) Congressional notification.--
``(A) In general.--Not later than 30 days before
issuing a letter under paragraph (1), the Secretary
shall submit written notification to--
``(i) the Committee on Commerce, Science,
and Transportation of the Senate;
``(ii) the Committee on Appropriations of
the Senate;
``(iii) the Committee on Transportation and
Infrastructure of the House of Representatives;
and
``(iv) the Committee on Appropriations of
the House of Representatives.
``(B) Contents.--The notification submitted
pursuant to subparagraph (A) shall include--
``(i) a copy of the proposed letter or
agreement;
``(ii) the criteria used under subsection
(d) for selecting the project for a grant
award; and
``(iii) a description of how the project
meets such criteria.
``(3) Appropriations required.--An obligation or
administrative commitment may be made under this section only
when amounts are appropriated for such purpose.
``(i) Availability.--Amounts appropriated for carrying out this
section shall remain available until expended.
``(j) Grant Conditions.--Except as specifically provided in this
section, the use of any amounts appropriated for grants under this
section shall be subject to the requirements under this chapter.''.
(b) Conforming Amendment.--The table of contents for chapter 244 is
amended by inserting after the item relating to section 24406 the
following:
``24407. Federal-State partnership for state of good repair.''.
SEC. 35303. LARGE CAPITAL PROJECT REQUIREMENTS.
Section 24402 is amended by adding at the end the following:
``(m) Large Capital Project Requirements.--
``(1) In general.--For a grant awarded under this chapter
for an amount in excess of $1,000,000,000, the following
conditions shall apply:
``(A) The Secretary of Transportation may not
obligate any funding unless the applicant demonstrates,
to the satisfaction of the Secretary, that the
applicant has committed, and will be able to fulfill,
the non-Federal share required for the grant within the
applicant's proposed project completion timetable.
``(B) The Secretary may not obligate any funding
for work activities that occur after the completion of
final design unless--
``(i) the applicant submits a financial
plan to the Secretary that generally identifies
the sources of the non-Federal funding required
for any subsequent segments or phases of the
corridor service development program covering
the project for which the grant is awarded;
``(ii) the grant will result in a useable
segment, a transportation facility, or
equipment, that has operational independence or
is financially sustainable; and
``(iii) the intercity passenger rail
benefits anticipated to result from the grant,
such as increased speed, improved on-time
performance, reduced trip time, increased
frequencies, new service, safety improvements,
improved accessibility, or other significant
enhancements, are detailed by the grantee and
approved by the Secretary.
``(C)(i) The Secretary shall ensure that the
project is maintained to the level of utility that is
necessary to support the benefits approved under
subparagraph (B)(iii) for a period of 20 years from the
date on which the useable segment, transportation
facility, or equipment described in subparagraph
(B)(ii) is placed in service.
``(ii) If the project property is not maintained as
required under clause (i) for a 12-month period, the
grant recipient shall refund a pro-rata share of the
Federal contribution, based upon the percentage
remaining of the 20-year period that commenced when the
project property was placed in service.
``(2) Early work.--The Secretary may allow a grantee
subject to this subsection to engage in at-risk work activities
subsequent to the conclusion of final design if the Secretary
determines that such work activities are reasonable and
necessary.''.
SEC. 35304. SMALL BUSINESS PARTICIPATION STUDY.
(a) Study.--The Secretary shall conduct a nationwide disparity and
availability study on the availability and use of small business
concerns owned and controlled by socially and economically
disadvantaged individuals and veteran-owned small businesses in
publicly funded intercity passenger rail service projects.
(b) Report.--Not later than 4 years after the date of enactment of
this Act, the Secretary shall submit a report containing the results of
the study conducted under subsection (a) to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
(c) Definitions.--In this section:
(1) Small business concern.--The term ``small business
concern'' has the meaning given such term in section 3 of the
Small Business Act (15 U.S.C. 632), except that the term does
not include any concern or group of concerns controlled by the
same socially and economically disadvantaged individual or
individuals that have average annual gross receipts during the
preceding 3 fiscal years in excess of $22,410,000, as adjusted
annually by the Secretary for inflation.
(2) Socially and economically disadvantaged individual.--
The term ``socially and economically disadvantaged individual''
has the meaning given such term in section 8(d) of the Small
Business Act (15 U.S.C. 637(d)) and relevant subcontracting
regulations issued pursuant to such Act, except that women
shall be presumed to be socially and economically disadvantaged
individuals for purposes of this section.
(3) Veteran-owned small business.--The term ``veteran-owned
small business'' has the meaning given the term ``small
business concern owned and controlled by veterans'' in section
3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)), except
that the term does not include any concern or group of concerns
controlled by the same veterans that have average annual gross
receipts during the preceding 3 fiscal years in excess of
$22,410,000, as adjusted annually by the Secretary for
inflation.
SEC. 35305. GULF COAST RAIL SERVICE WORKING GROUP.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall convene a working group to evaluate
the restoration of intercity rail passenger service in the Gulf Coast
region between New Orleans, Louisiana, and Orlando, Florida.
(b) Membership.--The working group convened pursuant to subsection
(a) shall consist of representatives of--
(1) the Federal Railroad Administration, which shall serve
as chair of the working group;
(2) Amtrak;
(3) the States along the proposed route or routes;
(4) regional transportation planning organizations and
metropolitan planning organizations, municipalities, and
communities along the proposed route or routes, which shall be
selected by the Administrator;
(5) the Southern Rail Commission;
(6) freight railroad carriers whose tracks may be used for
such service; and
(7) other entities determined appropriate by the Secretary,
which may include independent passenger rail operators that
express an interest in Gulf Coast service.
(c) Responsibilities.--The working group shall--
(1) evaluate all options for restoring intercity rail
passenger service in the Gulf Coast region, including options
outlined in the report transmitted to Congress pursuant to
section 226 of the Passenger Rail Investment and Improvement
Act of 2008 (division B of Public Law 110-432);
(2) select a preferred option for restoring such service;
(3) develop a prioritized inventory of capital projects and
other actions required to restore such service and cost
estimates for such projects or actions; and
(4) identify Federal and non-Federal funding sources
required to restore such service, including options for
entering into public-private partnerships to restore such
service.
(d) Report.--Not later than 9 months after the date of enactment of
this Act, the working group shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
that includes--
(1) the preferred option selected under subsection (c)(2)
and the reasons for selecting such option;
(2) the information described in subsection (c)(3);
(3) the funding sources identified under subsection (c)(4);
(4) the costs and benefits of restoring intercity rail
passenger transportation in the region; and
(5) any other information the working group determines
appropriate.
SEC. 35306. INTEGRATED PASSENGER RAIL WORKING GROUP.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall convene a working group to
review issues relating to--
(1) the potential operation of State-supported routes by
rail passenger carriers other than Amtrak; and
(2) their role in establishing an integrated intercity
passenger rail network in the United States.
(b) Membership.--The working group shall consist of a balanced
representation of--
(1) the Federal Railroad Administration, who shall chair
the Working Group;
(2) States that fund State-sponsored routes;
(3) independent passenger rail operators, including those
that carry at least 5,000,000 passengers annually in United
States or international rail service;
(4) Amtrak;
(5) railroads that host intercity State-supported routes;
(6) employee representatives from railroad unions and
building trade unions with substantial engagement in railroad
rights of way construction and maintenance; and
(7) other entities determined appropriate by the Secretary.
(c) Responsibilities.--The working group shall evaluate options for
improving State-supported routes and may make recommendations, as
appropriate, regarding--
(1) best practices for State or State authority governance
of State-supported routes;
(2) future sources of Federal and non-Federal funding
sources for State-supported routes;
(3) best practices in obtaining passenger rail operations
and services on a competitive basis with the objective of
creating the highest quality service at the lowest cost to the
taxpayer;
(4) ensuring potential interoperability of State-supported
routes as a part of a national network with multiple providers
providing integrated services including ticketing, scheduling,
and route planning; and
(5) the interface between State-supported routes and
connecting commuter rail operations, including maximized intra-
modal and intermodal connections and common sources of funding
for capital projects.
(d) Meetings.--Not later than 60 days after the establishment of
the working group by the Secretary under subsection (a), the working
group shall convene an organizational meeting outside of the District
of Columbia and shall define the rules and procedures governing the
proceedings of the working group. The working group shall hold at least
3 meetings per year in States that fund State-supported routes.
(e) Reports.--
(1) Preliminary report.--Not later than 1 year after the
date the working group is established, the working group shall
submit a preliminary report to the Secretary, the Governors of
States funding State-supported routes, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House of
Representatives that includes--
(A) administrative recommendations that can be
implemented by a State and State authority or by the
Secretary; and
(B) preliminary legislative recommendations.
(2) Final legislative recommendations.--Not later than 2
years after the date the working group is established, the
working group shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives that includes final legislative
recommendations.
SEC. 35307. SHARED-USE STUDY.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary, in consultation with Amtrak, commuter rail
authorities, and other passenger rail operators, railroad carriers that
own rail infrastructure over which both passenger and freight trains
operate, States, the Surface Transportation Board, the Northeast
Corridor Commission established under section 24905, the State-
Supported Route Committee established under section 24712, and groups
representing rail passengers and customers, as appropriate, shall
complete a study that evaluates--
(1) the shared use of right-of-way by passenger and freight
rail systems; and
(2) the operational, institutional, and legal structures
that would best support improvements to the systems referred to
in paragraph (1).
(b) Areas of Study.--In conducting the study under subsection (a),
the Secretary shall evaluate--
(1) the access and use of railroad right-of-way by a rail
carrier that does not own the right-of-way, such as passenger
rail services that operate over privately-owned right-of-way,
including an analysis of--
(A) access agreements;
(B) costs of access; and
(C) the resolution of disputes relating to such
access or costs;
(2) the effectiveness of existing contractual, statutory,
and regulatory mechanisms for establishing, measuring, and
enforcing train performance standards, including--
(A) the manner in which passenger train delays are
recorded;
(B) the assignment of responsibility for such
delays; and
(C) the use of incentives and penalties for
performance;
(3) strengths and weaknesses in the existing mechanisms
described in paragraph (2) and possible approaches to address
the weaknesses;
(4) mechanisms for measuring and maintaining public
benefits resulting from publicly funded freight or passenger
rail improvements, including improvements directed towards
shared-use right-of-way by passenger and freight rail;
(5) approaches to operations, capacity, and cost estimation
modeling that--
(A) allows for transparent decisionmaking; and
(B) protects the proprietary interests of all
parties;
(6) liability requirements and arrangements, including--
(A) whether to expand statutory liability limits to
additional parties;
(B) whether to revise the current statutory
liability limits;
(C) whether current insurance levels of passenger
rail operators are adequate and whether to establish
minimum insurance requirements for such passenger rail
operators; and
(D) whether to establish a liability regime modeled
after section 170 of the Atomic Energy Act of 1954 (42
U.S.C. 2210);
(7) the effect on rail passenger services, operations,
liability limits and insurance levels of the assertion of
sovereign immunity by a State; and
(8) other issues identified by the Secretary.
(c) Report.--Not later than 60 days after the study under
subsection (a) is complete, the Secretary 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 includes--
(1) the results of the study; and
(2) any recommendations for further action, including any
legislative proposals consistent with such recommendations.
(d) Implementation.--The Secretary shall integrate the
recommendations submitted under subsection (c) into its financial
assistance programs under subtitle V of title 49, United States Code,
and section 502 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 822), as appropriate.
SEC. 35308. NORTHEAST CORRIDOR COMMISSION.
(a) Composition.--Section 24905(a) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
inserting ``, infrastructure investments,'' after
``rail operations'';
(B) by amending subparagraph (B) to read as
follows:
``(B) members representing the Department of
Transportation, including the Office of the Secretary, the
Federal Railroad Administration, and the Federal Transit
Administration;''; and
(C) in subparagraph (D) by inserting ``and
commuter'' after ``freight''; and
(2) by amending paragraph (6) to read as follows:
``(6) The members of the Commission shall elect co-chairs
consisting of 1 member described in paragraph (1)(B) and 1
member described in paragraph (1)(C).''.
(b) Statement of Goals and Recommendations.--Section 24905(b) is
amended--
(1) in paragraph (1), by inserting ``and periodically
update'' after ``develop'';
(2) in paragraph (2)(A), by striking ``beyond those
specified in the state of good repair plan under section 211 of
the Passenger Rail Investment and Improvement Act of 2008'';
and
(3) by adding at the end the following:
``(3) Submission of statement of goals, recommendations,
and performance reports.--The Commission 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) any updates made to the statement of goals
developed under paragraph (1) not later than 60 days
after such updates are made; and
``(B) annual performance reports and
recommendations for improvements, as appropriate,
issued not later than March 31 of each year, for the
prior fiscal year, which summarize--
``(i) the operations and performance of
commuter, intercity, and freight rail
transportation along the Northeast Corridor;
and
``(ii) the delivery of the capital plan
described in section 24904.''.
(c) Cost Allocation Policy.--Section 24905(c) is amended--
(1) in the subsection heading, by striking ``Access Costs''
and inserting ``Allocation of Costs'';
(2) in paragraph (1)--
(A) in the paragraph heading, by striking
``formula'' and inserting ``policy'';
(B) in the matter preceding subparagraph (A), by
striking ``Within 2 years after the date of enactment
of the Passenger Rail Investment and Improvement Act of
2008, the Commission'' and inserting ``The
Commission'';
(C) in subparagraph (A), by striking ``formula''
and inserting ``policy''; and
(D) by striking subparagraph (B) through (D) and
inserting the following:
``(B) develop a proposed timetable for implementing
the policy;
``(C) submit the policy and timetable developed
under subparagraph (B) to the Surface Transportation
Board, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives;
``(D) not later than October 1, 2015, adopt and
implement the policy in accordance with the timetable;
and
``(E) with the consent of a majority of its
members, the Commission may petition the Surface
Transportation Board to appoint a mediator to assist
the Commission members through nonbinding mediation to
reach an agreement under this section.'';
(3) in paragraph (2)--
(A) by striking ``formula proposed in'' and
inserting ``policy developed under''; and
(B) in the second sentence--
(i) by striking ``the timetable, the
Commission shall petition the Surface
Transportation Board to'' and inserting
``paragraph (1)(D) or fail to comply with the
policy thereafter, the Surface Transportation
Board shall''; and
(ii) by striking ``amounts for such
services in accordance with section 24904(c) of
this title'' and inserting ``for such usage in
accordance with the procedures and procedural
schedule applicable to a proceeding under
section 24903(c), after taking into
consideration the policy developed under
paragraph (1)(A), as applicable'';
(4) in paragraph (3), by striking ``formula'' and inserting
``policy''; and
(5) by adding at the end the following:
``(4) Request for dispute resolution.--If a dispute arises
with the implementation of, or compliance with, the policy
developed under paragraph (1), the Commission, Amtrak, or
public authorities providing commuter rail passenger
transportation on the Northeast Corridor may request that the
Surface Transportation Board conduct dispute resolution. The
Surface Transportation Board shall establish procedures for
resolution of disputes brought before it under this paragraph,
which may include the provision of professional mediation
services.''.
(d) Conforming Amendments.--Section 24905 is amended--
(1) by striking subsection (d);
(2) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively;
(3) in subsection (d), as redesignated, by striking ``to
the Commission such sums as may be necessary for the period
encompassing fiscal years 2009 through 2013 to carry out this
section'' and inserting ``to the Secretary for the use of the
Commission and the Northeast Corridor Safety Committee such
sums as may be necessary to carry out this section during
fiscal year 2016 through 2019, in addition to amounts withheld
under section 35101(e) of the Railroad Reform, Enhancement, and
Efficiency Act''; and
(4) in subsection (e)(2), as redesignated, by striking ``on
the main line.'' and inserting ``on the main line and meet
annually with the Commission on the topic of Northeast Corridor
safety and security.''.
(e) Northeast Corridor Planning.--
(1) Amendment.--Chapter 249 is amended--
(A) by redesignating section 24904 as section
24903; and
(B) by inserting after section 24903, as
redesignated, the following:
``Sec. 24904. Northeast Corridor planning
``(a) Northeast Corridor Capital Investment Plan.--
``(1) Requirement.--Not later than May 1 of each year, the
Northeast Corridor Commission established under section 24905
(referred to in this section as the `Commission') shall--
``(A) develop a capital investment plan for the
Northeast Corridor main line between Boston,
Massachusetts, and the Virginia Avenue interlocking in
the District of Columbia, and the Northeast Corridor
branch lines connecting to Harrisburg, Pennsylvania,
Springfield, Massachusetts, and Spuyten Duyvil, New
York, including the facilities and services used to
operate and maintain those lines; and
``(B) submit the capital investment plan to the
Secretary of Transportation and the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives.
``(2) Contents.--The capital investment plan shall--
``(A) reflect coordination and network optimization
across the entire Northeast Corridor;
``(B) integrate the individual capital and service
plans developed by each operator using the methods
described in the cost allocation policy developed under
section 24905(c);
``(C) cover a period of 5 fiscal years, beginning
with the first fiscal year after the date on which the
plan is completed;
``(D) notwithstanding section 24902(b), identify,
prioritize, and phase the implementation of projects
and programs to achieve the service outcomes identified
in the Northeast Corridor service development plan and
the asset condition needs identified in the Northeast
Corridor asset management plans, once available, and
consider--
``(i) the benefits and costs of capital
investments in the plan;
``(ii) project and program readiness;
``(iii) the operational impacts; and
``(iv) funding availability;
``(E) categorize capital projects and programs as
primarily associated with;
``(i) normalized capital replacement and
basic infrastructure renewals;
``(ii) replacement or rehabilitation of
major Northeast Corridor infrastructure assets,
including tunnels, bridges, stations, and other
assets;
``(iii) statutory, regulatory, or other
legal mandates;
``(iv) improvements to support service
enhancements or growth; or
``(v) strategic initiatives that will
improve overall operational performance or
lower costs;
``(F) identify capital projects and programs that
are associated with more than 1 category described in
subparagraph (E);
``(G) describe the anticipated outcomes of each
project or program, including an assessment of--
``(i) the potential effect on passenger
accessibility, operations, safety, reliability,
and resiliency;
``(ii) the ability of infrastructure owners
and operators to meet regulatory requirements
if the project or program is not funded; and
``(iii) the benefits and costs; and
``(H) include a financial plan.
``(3) Financial plan.--The financial plan under paragraph
(2)(H) shall--
``(A) identify funding sources and financing
methods;
``(B) identify the expected allocated shares of
costs pursuant to the cost allocation policy developed
under section 24905(c);
``(C) identify the projects and programs that the
Commission expects will receive Federal financial
assistance; and
``(D) identify the eligible entity or entities that
the Commission expects will receive the Federal
financial assistance described under subparagraph (C).
``(b) Failure To Develop a Capital Investment Plan.--If a capital
investment plan has not been developed by the Commission for a given
fiscal year, then the funds assigned to the account established under
section 24319(b) for that fiscal year may be spent only on--
``(1) capital projects described in clause (i) or (iii) of
subsection (a)(2)(E) of this section; or
``(2) capital projects described in subsection
(a)(2)(E)(iv) of this section that are for the sole benefit of
Amtrak.
``(c) Northeast Corridor Asset Management.--
``(1) Contents.--With regard to its infrastructure, Amtrak
and each State and public transportation entity that owns
infrastructure that supports or provides for intercity rail
passenger transportation on the Northeast Corridor shall
develop an asset management system and develop and update, as
necessary, a Northeast Corridor asset management plan for each
service territory described in subsection (a) that--
``(A) are consistent with the Federal Transit
Administration process, as authorized under section
5326, when implemented; and
``(B) include, at a minimum--
``(i) an inventory of all capital assets
owned by the developer of the asset management
plan;
``(ii) an assessment of asset condition;
``(iii) a description of the resources and
processes necessary to bring or maintain those
assets in a state of good repair, including
decision-support tools and investment
prioritization methods; and
``(iv) a description of changes in asset
condition since the previous version of the
plan.
``(2) Transmittal.--Each entity described in paragraph (1)
shall transmit to the Commission--
``(A) not later than 2 years after the date of
enactment of the Railroad Reform, Enhancement, and
Efficiency Act, its Northeast Corridor asset management
plan developed under paragraph (1); and
``(B) at least biennial thereafter, an update to
its Northeast Corridor asset management plan.
``(d) Northeast Corridor Service Development Plan Updates.--Not
less frequently than once every 10 years, the Commission shall update
the Northeast Corridor service development plan.''.
(2) Conforming amendments.--
(A) Note and mortgage.--Section 24907(a) is amended
by striking ``section 24904 of this title'' and
inserting ``section 24903''.
(B) Table of contents amendment.--The table of
contents for chapter 249 is amended--
(i) by redesignating the item relating to
section 24904 as relating to section 24903; and
(ii) by inserting after the item relating
to section 24903, as redesignated, the
following:
``24904. Northeast Corridor planning.''.
(3) Repeal.--Section 211 of the Passenger Rail Investment
and Improvement Act of 2008 (division B of Public Law 110-432;
49 U.S.C. 24902 note) is repealed.
SEC. 35309. NORTHEAST CORRIDOR THROUGH-TICKETING AND PROCUREMENT
EFFICIENCIES.
(a) Through-Ticketing Study.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Northeast Corridor Commission
established under section 24905(a) of title 49, United States
Code (referred to in this section as the ``Commission''), in
consultation with Amtrak and the commuter rail passenger
transportation providers along the Northeast Corridor shall
complete a study on the feasibility of and options for
permitting through-ticketing between Amtrak service and
commuter rail services on the Northeast Corridor.
(2) Contents.--In completing the study under paragraph (1),
the Northeast Corridor Commission shall--
(A) examine the current state of intercity and
commuter rail ticketing technologies, policies, and
other relevant aspects on the Northeast Corridor;
(B) consider and recommend technology, process,
policy, or other options that would permit through-
ticketing to allow intercity and commuter rail
passengers to purchase, in a single transaction, travel
that utilizes Amtrak and connecting commuter rail
services;
(C) consider options to expand through-ticketing to
include local transit services;
(D) summarize costs, benefits, opportunities, and
impediments to developing such through-ticketing
options; and
(E) develop a proposed methodology, including cost
and schedule estimates, for carrying out a pilot
program on through-ticketing on the Northeast Corridor.
(3) Report.--Not later than 60 days after the date the
study under paragraph (1) is complete, the Commission 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 includes--
(A) the results of the study; and
(B) any recommendations for further action.
(b) Joint Procurement Study.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in cooperation with the
Commission, Amtrak, and commuter rail transportation
authorities on the Northeast Corridor shall complete a study of
the potential benefits resulting from Amtrak and such
authorities undertaking select joint procurements for common
materials, assets, and equipment when expending Federal funds
for such purchases.
(2) Contents.--In completing the study under paragraph (1),
the Secretary shall consider--
(A) the types of materials, assets, and equipment
that are regularly purchased by Amtrak and such
authorities that are similar and could be jointly
procured;
(B) the potential benefits of such joint
procurements, including lower procurement costs, better
pricing, greater market relevancy, and other
efficiencies;
(C) the potential costs of such joint procurements;
(D) any significant impediments to undertaking
joint procurements, including any necessary
harmonization and reconciliation of Federal and State
procurement or safety regulations or standards and
other requirements; and
(E) whether to create Federal incentives or
requirements relating to considering or carrying out
joint procurements when expending Federal funds.
(3) Transmission.--Not later than 60 days after completing
the study required under this subsection, the Secretary 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 includes--
(A) the results of the study; and
(B) any recommendations for further action.
(c) Northeast Corridor.--In this section, the term ``Northeast
Corridor'' means the Northeast Corridor main line between Boston,
Massachusetts, and the Virginia Avenue interlocking in the District of
Columbia, and the Northeast Corridor branch lines connecting to
Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten
Duyvil, New York, including the facilities and services used to operate
and maintain those lines.
SEC. 35310. DATA AND ANALYSIS.
(a) Data.--Not later than 3 years after the date of enactment of
this Act, the Secretary, in consultation with the Surface
Transportation Board, Amtrak, freight railroads, State and local
governments, and regional business, tourism and economic development
agencies shall conduct a data needs assessment--
(1) to support the development of an efficient and
effective intercity passenger rail network;
(2) to identify the data needed to conduct cost-effective
modeling and analysis for intercity passenger rail development
programs;
(3) to determine limitations to the data used for inputs;
(4) to develop a strategy to address such limitations;
(5) to identify barriers to accessing existing data;
(6) to develop recommendations regarding whether the
authorization of additional data collection for intercity
passenger rail travel is warranted; and
(7) to determine which entities will be responsible for
generating or collecting needed data.
(b) Benefit-Cost Analysis.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall enhance the usefulness of
assessments of benefits and costs, for intercity passenger rail and
freight rail projects--
(1) by providing ongoing guidance and training on
developing benefit and cost information for rail projects;
(2) by providing more direct and consistent requirements
for assessing benefits and costs across transportation funding
programs, including the appropriate use of discount rates;
(3) by requiring applicants to clearly communicate the
methodology used to calculate the project benefits and costs,
including non-proprietary information on--
(A) assumptions underlying calculations;
(B) strengths and limitations of data used; and
(C) the level of uncertainty in estimates of
project benefits and costs; and
(4) by ensuring that applicants receive clear and
consistent guidance on values to apply for key assumptions used
to estimate potential project benefits and costs.
(c) Confidential Data.--The Secretary shall protect sensitive or
confidential to the greatest extent permitted by law. Nothing in this
section shall require any entity to provide information to the
Secretary in the absence of a voluntary agreement.
SEC. 35311. PERFORMANCE-BASED PROPOSALS.
(a) Solicitation of Proposals.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall issue a request for
proposals for projects for the financing, design, construction,
operation, and maintenance of an intercity passenger rail
system, including--
(A) the Northeast Corridor;
(B) the California Corridor;
(C) the Empire Corridor;
(D) the Pacific Northwest Corridor;
(E) the South Central Corridor;
(F) the Gulf Coast Corridor;
(G) the Chicago Hub Network;
(H) the Florida Corridor;
(I) the Keystone Corridor;
(J) the Northern New England Corridor; and
(K) the Southeast Corridor.
(2) Submission.--Proposals shall be submitted to the
Secretary not later than 180 days after the publication of such
request for proposals under paragraph (1).
(3) Performance standard.--Proposals submitted under
paragraph (2) shall meet any standards established by the
Secretary. For corridors with existing intercity passenger rail
service, proposals shall also be designed to achieve a
reduction of existing minimum intercity rail service trip times
between the main corridor city pairs by a minimum of 25
percent. In the case of a proposal submitted with respect to
paragraph (1)(A), the proposal shall be designed to achieve a
2-hour or less express service between Washington, District of
Columbia, and New York City, New York.
(4) Contents.--A proposal submitted under this subsection
shall include--
(A) the names and qualifications of the persons
submitting the proposal and the entities proposed to
finance, design, construct, operate, and maintain the
railroad, railroad equipment, and related facilities,
stations, and infrastructure;
(B) a detailed description of the proposed rail
service, including possible routes, required
infrastructure investments and improvements, equipment
needs and type, train frequencies, peak and average
operating speeds, and trip times;
(C) a description of how the project would comply
with all applicable Federal rail safety and security
laws, orders, and regulations;
(D) the locations of proposed stations, which
maximize the usage of existing infrastructure to the
extent possible, and the populations such stations are
intended to serve;
(E) the type of equipment to be used, including any
technologies, to achieve trip time goals;
(F) a description of any proposed legislation
needed to facilitate all aspects of the project;
(G) a financing plan identifying--
(i) projected revenue, and sources thereof;
(ii) the amount of any requested public
contribution toward the project, and proposed
sources;
(iii) projected annual ridership
projections for the first 10 years of
operations;
(iv) annual operations and capital costs;
(v) the projected levels of capital
investments required both initially and in
subsequent years to maintain a state-of-good-
repair necessary to provide the initially
proposed level of service or higher levels of
service;
(vi) projected levels of private investment
and sources thereof, including the identity of
any person or entity that has made or is
expected to make a commitment to provide or
secure funding and the amount of such
commitment; and
(vii) projected funding for the full fair
market compensation for any asset, property
right or interest, or service acquired from,
owned, or held by a private person or Federal
entity that would be acquired, impaired, or
diminished in value as a result of a project,
except as otherwise agreed to by the private
person or entity;
(H) a description of how the project would
contribute to the development of the intercity
passenger rail system and an intermodal plan describing
how the system will facilitate convenient travel
connections with other transportation services;
(I) a description of how the project will ensure
compliance with Federal laws governing the rights and
status of employees associated with the route and
service, including those specified in section 24405 of
title 49, United States Code;
(J) a description of how the design, construction,
implementation, and operation of the project will
accommodate and allow for future growth of existing and
projected intercity, commuter, and freight rail
service;
(K) a description of how the project would comply
with Federal and State environmental laws and
regulations, of what environmental impacts would result
from the project, and of how any adverse impacts would
be mitigated; and
(L) a description of the project's impacts on
highway and aviation congestion, energy consumption,
land use, and economic development in the service area.
(b) Determination and Establishment of Commissions.--Not later than
90 days after receipt of the proposals under subsection (a), the
Secretary shall--
(1) make a determination as to whether any such proposals--
(A) contain the information required under
paragraphs (3) and (4) of subsection (a);
(B) are sufficiently credible to warrant further
consideration;
(C) are likely to result in a positive impact on
the Nation's transportation system; and
(D) are cost-effective and in the public interest;
(2) establish a commission under subsection (c) for each
corridor with 1 or more proposals that the Secretary determines
satisfy the requirements of paragraph (1); and
(3) forward to each commission established under paragraph
(2) the applicable proposals for review and consideration.
(c) Commissions.--
(1) Members.--Each commission established under subsection
(b)(2) shall include--
(A) the governors of the affected States, or their
respective designees;
(B) mayors of appropriate municipalities with stops
along the proposed corridor, or their respective
designees;
(C) a representative from each freight railroad
carrier using the relevant corridor, if applicable;
(D) a representative from each transit authority
using the relevant corridor, if applicable;
(E) representatives of nonprofit employee labor
organizations representing affected railroad employees;
and
(F) the President of Amtrak or his or her designee.
(2) Appointment and selection.--The Secretary shall appoint
the members under paragraph (1). In selecting each commission's
members to fulfill the requirements under subparagraphs (B) and
(E) of paragraph (1), the Secretary shall consult with the
Chairperson and Ranking Member of the Committee on Commerce,
Science, and Transportation of the Senate and of the Committee
on Transportation and Infrastructure of the House of
Representatives.
(3) Chairperson and vice-chairperson selection.--The
Chairperson and Vice-Chairperson shall be elected from among
members of each commission.
(4) Quorum and vacancy.--
(A) Quorum.--A majority of the members of each
commission shall constitute a quorum.
(B) Vacancy.--Any vacancy in each commission shall
not affect its powers and shall be filled in the same
manner in which the original appointment was made.
(5) Application of law.--Except where otherwise provided by
this section, the Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to each commission created under this
section.
(d) Commission Consideration.--
(1) In general.--Each commission established under
subsection (b)(2) shall be responsible for reviewing the
proposal or proposals forwarded to it under that subsection and
not later than 90 days after the establishment of the
commission, shall transmit to the Secretary a report,
including--
(A) a summary of each proposal received;
(B) services to be provided under each proposal,
including projected ridership, revenues, and costs;
(C) proposed public and private contributions for
each proposal;
(D) the advantages offered by the proposal over
existing intercity passenger rail services;
(E) public operating subsidies or assets needed for
the proposed project;
(F) possible risks to the public associated with
the proposal, including risks associated with project
financing, implementation, completion, safety, and
security;
(G) a ranked list of the proposals recommended for
further consideration under subsection (e) in
accordance with each proposal's projected positive
impact on the Nation's transportation system;
(H) an identification of any proposed Federal
legislation that would facilitate implementation of the
projects and Federal legislation that would be required
to implement the projects; and
(I) any other recommendations by the commission
concerning the proposed projects.
(2) Verbal presentation.--Proposers shall be given an
opportunity to make a verbal presentation to the commission to
explain their proposals.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary for the use of each
commission established under subsection (b)(2) such sums as are
necessary to carry out this section.
(e) Selection by Secretary.--
(1) In general.--Not later than 60 days after receiving the
recommended proposals of the commissions established under
subsection (b)(2), the Secretary shall--
(A) review such proposals and select any proposal
that provides substantial benefits to the public and
the national transportation system, is cost-effective,
offers significant advantages over existing services,
and meets other relevant factors determined appropriate
by the Secretary; and
(B) 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 containing any proposal with
respect to subsection (a)(1)(A) that is selected by the
Secretary under subparagraph (A) of this paragraph, all
the information regarding the proposal provided to the
Secretary under subsection (d), and any other
information the Secretary considers relevant.
(2) Subsequent report.--Following the submission of the
report under paragraph (1)(B), the Secretary 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 containing any
proposal with respect to subparagraphs (B) through (K) of
subsection (a)(1) that are selected by the Secretary under
paragraph (1) of this subsection, all the information regarding
the proposal provided to the Secretary under subsection (d),
and any other information the Secretary considers relevant.
(3) Limitation on report submission.--The report required
under paragraph (2) shall not be submitted by the Secretary
until the report submitted under paragraph (1)(B) has been
considered through a hearing by the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on the report submitted under paragraph (1)(B).
(f) No Actions Without Additional Authority.--No Federal agency may
take any action to implement, establish, facilitate, or otherwise act
upon any proposal submitted under this section, other than those
actions specifically authorized by this section, without explicit
statutory authority enacted after the date of enactment of this Act.
(g) Definitions.--In this section:
(1) Intercity passenger rail.--The term ``intercity
passenger rail'' means intercity rail passenger transportation
as defined in section 24102 of title 49, United States Code.
(2) State.--The term ``State'' means any of the 50 States
or the District of Columbia.
SEC. 35312. AMTRAK INSPECTOR GENERAL.
(a) Authority.--
(1) In general.--The Inspector General of Amtrak shall have
the authority available to other Inspectors General, as
necessary in carrying out the duties specified in the Inspector
General Act of 1978 (5 U.S.C. App.), to investigate any alleged
violation of sections 286, 287, 371, 641, 1001, 1002 and 1516
of title 18, United States Code.
(2) Agency.--For purposes of sections 286, 287, 371, 641,
1001, 1002, and 1516 of title 18, United States Code, Amtrak
and the Amtrak Office of Inspector General, shall be considered
a corporation in which the United States has a proprietary
interest as set forth in section 6 of that title.
(b) Assessment.--The Inspector General of Amtrak shall--
(1) not later than 60 days after the date of enactment of
this Act, initiate an assessment to determine whether current
expenditures or procurements involving Amtrak's fulfillment of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) utilize competitive, market-driven provisions that are
applicable throughout the entire term of such related
expenditures or procurements; and
(2) not later than 6 months after the date of enactment of
this Act, transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives the assessment under paragraph (1).
(c) Limitation.--The authority provided by subsections (a) and (b)
shall be effective only with respect to a fiscal year for which Amtrak
receives a Federal subsidy.
SEC. 35313. MISCELLANEOUS PROVISIONS.
(a) Title 49 Amendments.--
(1) Contingent interest recoveries.--Section 22106(b) is
amended by striking ``interest thereof'' and inserting
``interest thereon''.
(2) Authority.--Section 22702(b)(4) is amended by striking
``5 years for reapproval by the Secretary'' and inserting ``4
years for acceptance by the Secretary''.
(3) Contents of state rail plans.--Section 22705(a) is
amended by striking paragraph (12).
(4) Mission.--Section 24101(b) is amended by striking ``of
subsection (d)'' and inserting ``set forth in subsection (c)''.
(5) Table of contents amendment.--The table of contents for
chapter 243 is amended by striking the item relating to section
24316 and inserting the following:
``24316. Plans to address the needs of families of passengers involved
in rail passenger accidents.''.
(6) Update.--Section 24305(f)(3) is amended by striking
``$1,000,000'' and inserting ``$5,000,000''.
(7) Amtrak.--Chapter 247 is amended--
(A) in section 24702(a), by striking ``not included
in the national rail passenger transportation system'';
(B) in section 24706--
(i) in subsection (a)--
(I) in paragraph (1), by striking
``a discontinuance under section 24704
or or''; and
(II) in paragraph (2), by striking
``section 24704 or''; and
(ii) in subsection (b), by striking
``section 24704 or''; and
(C) in section 24709, by striking ``The Secretary
of the Treasury and the Attorney General,'' and
inserting ``The Secretary of Homeland Security,''.
(b) Passenger Rail Investment and Improvement Act Amendments.--
Section 305(a) of the Passenger Rail Investment and Improvement Act of
2008 (49 U.S.C. 24101 note) is amended by inserting ``nonprofit
organizations representing employees who perform overhaul and
maintenance of passenger railroad equipment,'' after ``equipment
manufacturers,''.
Subtitle D--Rail Safety
PART I--SAFETY IMPROVEMENT
SEC. 35401. HIGHWAY-RAIL GRADE CROSSING SAFETY.
(a) Model State Highway-Rail Grade Crossing Action Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a model of a
State-specific highway-rail grade crossing action plan and
distribute the model plan to each State.
(2) Contents.--The plan developed under paragraph (1) shall
include--
(A) methodologies, tools, and data sources for
identifying and evaluating highway-rail grade crossing
safety risks, including the public safety risks posed
by blocked highway-rail grade crossings due to idling
trains;
(B) best practices to reduce the risk of highway-
rail grade crossing accidents or incidents and to
alleviate the blockage of highway-rail grade crossings
due to idling trains, including strategies for--
(i) education, including model stakeholder
engagement plans or tools;
(ii) engineering, including the benefits
and costs of different designs and technologies
used to mitigate highway-rail grade crossing
safety risks; and
(iii) enforcement, including the strengths
and weaknesses associated with different
enforcement methods;
(C) for each State, a customized list and data set
of the highway-rail grade crossing accidents or
incidents in that State over the past 3 years,
including the location, number of deaths, and number of
injuries for each accident or incident; and
(D) contact information of a Department of
Transportation safety official available to assist the
State in adapting the model plan to satisfy the
requirements under subsection (b).
(b) State Highway-Rail Grade Crossing Action Plans.--
(1) Requirements.--Not later than 18 months after the
Secretary develops and distributes the model plan under
subsection (a), the Secretary shall promulgate a rule that
requires--
(A) each State, except the 10 States identified
under section 202 of the Rail Safety Improvement Act of
2008 (49 U.S.C. 22501 note), to develop and implement a
State highway-rail grade crossing action plan; and
(B) each State that was identified under section
202 of the Rail Safety Improvement Act of 2008 (49
U.S.C. 22501 note), to update its State action plan
under that section and submit to the Secretary the
updated State action plan and a report describing what
the State did to implement its previous State action
plan under that section and how it will continue to
reduce highway-rail grade crossing safety risks.
(2) Contents.--Each State plan required under this
subsection shall--
(A) identify highway-rail grade crossings that have
experienced recent highway-rail grade crossing
accidents or incidents, or are at high-risk for
accidents or incidents;
(B) identify specific strategies for improving
safety at highway-rail grade crossings, including
highway-rail grade crossing closures or grade
separations; and
(C) designate a State official responsible for
managing implementation of the State plan under
subparagraph (A) or (B) of paragraph (1), as
applicable.
(3) Assistance.--The Secretary shall provide assistance to
each State in developing and carrying out, as appropriate, the
State plan under this subsection.
(4) Public availability.--Each State shall submit its final
State plan under this subsection to the Secretary for
publication. The Secretary shall make each approved State plan
publicly available on an official Internet Web site.
(5) Conditions.--The Secretary may condition the awarding
of a grant to a State under chapter 244 of title 49, United
States Code, on that State submitting an acceptable State plan
under this subsection.
(6) Review of action plans.--Not later than 60 days after
the date of receipt of a State plan under this subsection, the
Secretary shall--
(A) if the State plan is approved, notify the State
and publish the State plan under paragraph (4); and
(B) if the State plan is incomplete or deficient,
notify the State of the specific areas in which the
plan is deficient and allow the State to complete the
plan or correct the deficiencies and resubmit the plan
under paragraph (1).
(7) Deadline.--Not later than 60 days after the date of a
notice under paragraph (6)(B), a State shall complete the plan
or correct the deficiencies and resubmit the plan.
(8) Failure to complete or correct plan.--If a State fails
to meet the deadline under paragraph (7), the Secretary shall
post on the Web site under paragraph (4) a notice that the
State has an incomplete or deficient highway-rail grade
crossing action plan.
(c) Railway-Highway Crossings Funds.--The Secretary may use funds
made available to carry out section 130 of title 23, United States
Code, to provide States with funds to develop a State highway-rail
grade crossing action plan under subsection (b)(1)(A) of this section
or to update a State action plan under subsection (b)(1)(B) of this
section.
(d) Definitions.--In this section:
(1) Highway-rail grade crossing.--The term ``highway-rail
grade crossing'' means a location within a State, other than a
location where 1 or more railroad tracks cross 1 or more
railroad tracks at grade, where--
(A) a public highway, road, or street, or a private
roadway, including associated sidewalks and pathways,
crosses 1 or more railroad tracks either at grade or
grade-separated; or
(B) a pathway explicitly authorized by a public
authority or a railroad carrier that is dedicated for
the use of non-vehicular traffic, including
pedestrians, bicyclists, and others, that is not
associated with a public highway, road, or street, or a
private roadway, crosses 1 or more railroad tracks
either at grade or grade-separated.
(2) State.--The term ``State'' means a State of the United
States or the District of Columbia.
SEC. 35402. SPEED LIMIT ACTION PLANS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, each railroad carrier providing intercity rail passenger
transportation or commuter rail passenger transportation, in
consultation with any applicable host railroad carrier, shall survey
its entire system and identify each main track location where there is
a reduction of more than 20 miles per hour from the approach speed to a
curve or bridge and the maximum authorized operating speed for
passenger trains at that curve or bridge.
(b) Action Plans.--Not later than 120 days after the date that the
survey under subsection (a) is complete, a rail passenger carrier shall
submit to the Secretary an action plan that--
(1) identifies each main track location where there is a
reduction of more than 20 miles per hour from the approach
speed to a curve or bridge and the maximum authorized operating
speed for passenger trains at that curve or bridge;
(2) describes appropriate actions, including modification
to automatic train control systems, if applicable, other signal
systems, increased crew size, improved signage, or other
practices, including increased crew communication, to enable
warning and enforcement of the maximum authorized speed for
passenger trains at each location identified under paragraph
(1);
(3) contains milestones and target dates for implementing
each appropriate action described under paragraph (2); and
(4) ensures compliance with the maximum authorized speed at
each location identified under paragraph (1).
(c) Approval.--Not later than 90 days after the date an action plan
is submitted under subsection (a), the Secretary shall approve, approve
with conditions, or disapprove the action plan.
(d) Alternative Safety Measures.--The Secretary may exempt from the
requirements of this section each segment of track for which operations
are governed by a positive train control system certified under section
20157 of title 49, United States Code, or any other safety technology
or practice that would achieve an equivalent or greater level of safety
in reducing derailment risk.
(e) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives that describes--
(1) the actions the railroad carriers have taken in
response to Safety Advisory 2013-08, entitled ``Operational
Tests and Inspections for Compliance With Maximum Authorized
Train Speeds and Other Speed Restrictions'';
(2) the actions the railroad carriers have taken in
response to Safety Advisory 2015-03, entitled ``Operational and
Signal Modifications for Compliance with Maximum Authorized
Passenger Train Speeds and Other Speed Restrictions''; and
(3) the actions the Federal Railroad Administration has
taken to evaluate or incorporate the information and findings
arising from the safety advisories referred to in paragraphs
(1) and (2) into the development of regulatory action and
oversight activities.
(f) Savings Clause.--Nothing in this section shall prohibit the
Secretary from applying the requirements of this section to other
segments of track at high risk of overspeed derailment.
SEC. 35403. SIGNAGE.
(a) In General.--The Secretary shall promulgate such regulations as
the Secretary considers necessary to require each railroad carrier
providing intercity rail passenger transportation or commuter rail
passenger transportation, in consultation with any applicable host
railroad carrier, to install signs to warn train crews before the train
approaches a location that the Secretary identifies as having high risk
of overspeed derailment.
(b) Alternative Safety Measures.--The Secretary may exempt from the
requirements of this section each segment of track for which operations
are governed by a positive train control system certified under section
20157 of title 49, United States Code, or any other safety technology
or practice that would achieve an equivalent or greater level of safety
in reducing derailment risk.
SEC. 35404. ALERTERS.
(a) In General.--The Secretary shall promulgate a rule to require a
working alerter in the controlling locomotive of each passenger train
in intercity rail passenger transportation (as defined in section 24102
of title 49, United States Code) or commuter rail passenger
transportation (as defined in section 24102 of title 49, United States
Code).
(b) Rulemaking.--
(1) In general.--The Secretary may promulgate a rule to
specify the essential functionalities of a working alerter,
including the manner in which the alerter can be reset.
(2) Alternate practice or technology.--The Secretary may
require or allow a technology or practice in lieu of a working
alerter if the Secretary determines that the technology or
practice would achieve an equivalent or greater level of safety
in enhancing or ensuring appropriate locomotive control.
SEC. 35405. SIGNAL PROTECTION.
(a) In General.--The Secretary shall promulgate regulations to
require, not later than 18 months after the date of the enactment of
this Act, that on-track safety regulations, whenever practicable and
consistent with other safety requirements and operational
considerations, include requiring implementation of redundant signal
protection, such as shunting or other practices and technologies that
achieve an equivalent or greater level of safety, for maintenance-of-
way work crews who depend on a train dispatcher to provide signal
protection.
(b) Alternative Safety Measures.--The Secretary may exempt from the
requirements of this section each segment of track for which operations
are governed by a positive train control system certified under section
20157 of title 49, United States Code, or any other safety technology
or practice that would achieve an equivalent or greater level of safety
in providing additional signal protection.
SEC. 35406. TECHNOLOGY IMPLEMENTATION PLANS.
Section 20156(e) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by striking ``and'' at the
end; and
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(2) by adding at the end the following:
``(C) each railroad carrier required to submit such
a plan, until the implementation of a positive train
control system by the railroad carrier, shall analyze
and, as appropriate, prioritize technologies and
practices to mitigate the risk of overspeed
derailments.''.
SEC. 35407. COMMUTER RAIL TRACK INSPECTIONS.
(a) In General.--The Secretary shall evaluate track inspection
regulations to determine if a railroad carrier providing commuter rail
passenger transportation on high density commuter railroad lines should
be required to inspect the lines in the same manner as currently
required for other commuter railroad lines.
(b) Rulemaking.--Considering safety, including railroad carrier
employee and contractor safety, and system capacity, the Secretary may
promulgate a rule for high density commuter railroad lines. If, after
the evaluation under subsection (a), the Secretary determines that it
is necessary to promulgate a rule, the Secretary shall specifically
consider the following regulatory requirements for high density
commuter railroad lines:
(1) At least once every 2 weeks--
(A) traverse each main line by vehicle; or
(B) inspect each main line on foot.
(2) At least once each month, traverse and inspect each
siding by vehicle or by foot.
(c) Report.--If, after the evaluation under subsection (a), the
Secretary determines it is not necessary to revise the regulations
under this section, the Secretary, not later than 18 months after the
date of enactment of this Act, shall transmit a report to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives explaining the reasons for not revising the
regulations.
(d) Construction.--Nothing in this section may be construed to
limit the authority of the Secretary to promulgate regulations or issue
orders under any other law.
SEC. 35408. EMERGENCY RESPONSE.
(a) In General.--The Secretary, in consultation with railroad
carriers, shall conduct a study to determine whether limitations or
weaknesses exist in the emergency response information carried by train
crews transporting hazardous materials.
(b) Contents.--In conducting the study under subsection (a), the
Secretary shall evaluate the differences between the emergency response
information carried by train crews transporting hazardous materials and
the emergency response guidance provided in the Emergency Response
Guidebook issued by the Department of Transportation.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report of the findings of the study under subsection (a) and any
recommendations for legislative action.
SEC. 35409. PRIVATE HIGHWAY-RAIL GRADE CROSSINGS.
(a) In General.--The Secretary, in consultation with railroad
carriers, shall conduct a study--
(1) to determine whether limitations or weaknesses exist
regarding the availability and usefulness for safety purposes
of data on private highway-rail grade crossings; and
(2) to evaluate existing engineering practices on private
highway-rail grade crossings.
(b) Contents.--In conducting the study under subsection (a), the
Secretary shall make recommendations as necessary to improve--
(1) the utility of the data on private highway-rail grade
crossings; and
(2) the implementation of private highway-rail crossing
safety measures, including signage and warning systems.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report of the findings of the study and any recommendations for further
action.
SEC. 35410. REPAIR AND REPLACEMENT OF DAMAGED TRACK INSPECTION
EQUIPMENT.
(a) In General.--Subchapter I of chapter 201 is amended by
inserting after section 20120 the following:
``Sec. 20121. Repair and replacement of damaged track inspection
equipment
``The Secretary of Transportation may receive and expend cash, or
receive and utilize spare parts and similar items, from non-United
States Government sources to repair damages to or replace United States
Government owned automated track inspection cars and equipment as a
result of third-party liability for such damages, and any amounts
collected under this section shall be credited directly to the Railroad
Safety and Operations account of the Federal Railroad Administration,
and shall remain available until expended for the repair, operation,
and maintenance of automated track inspection cars and equipment in
connection with the automated track inspection program.''.
(b) Conforming Amendment.--The table of contents for subchapter I
of chapter 201 is amended by adding after section 21020 the following:
``20121. Repair and replacement of damaged track inspection
equipment.''.
SEC. 35411. RAIL POLICE OFFICERS.
(a) In General.--Section 28101 is amended--
(1) by striking ``employed by'' each place it appears and
inserting ``directly employed by or contracted by'';
(2) in subsection (b), by inserting ``or agent, as
applicable,'' after ``an employee''; and
(3) by adding at the end the following:
``(c) Transfers.--
``(1) In general.--If a railroad police officer directly
employed by or contracted by a rail carrier and certified or
commissioned as a police officer under the laws of a State
transfers primary employment or residence from the certifying
or commissioning State to another State or jurisdiction, the
railroad police officer, not later than 1 year after the date
of transfer, shall apply to be certified or commissioned as a
police office under the laws of the State of new primary
employment or residence.
``(2) Interim period.--During the period beginning on the
date of transfer and ending 1 year after the date of transfer,
a railroad police officer directly employed by or contracted by
a rail carrier and certified or commissioned as a police
officer under the laws of a State may enforce the laws of the
new jurisdiction in which the railroad police officer resides,
to the same extent as provided in subsection (a).
``(d) Training.--
``(1) In general.--A State shall recognize as meeting that
State's basic police officer certification or commissioning
requirements for qualification as a rail police officer under
this section any individual who successfully completes a
program at a State-recognized police training academy in
another State or at a Federal law enforcement training center
and who is certified or commissioned as a police officer by
that other State.
``(2) Rule of construction.--Nothing in this subsection
shall be construed as superseding or affecting any unique State
training requirements related to criminal law, criminal
procedure, motor vehicle code, or State-mandated comparative or
annual in-service training academy or Federal law enforcement
training center.''.
(b) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall revise the regulations in part 207 of
title 49, Code of Federal Regulations (relating to railroad police
officers), to permit a railroad to designate an individual, who is
commissioned in the individual's State of legal residence or State of
primary employment and directly employed by or contracted by a railroad
to enforce State laws for the protection of railroad property,
personnel, passengers, and cargo, to serve in the States in which the
railroad owns property.
(c) Conforming Amendments.--
(1) Amtrak rail police.--Section 24305(e) is amended--
(A) by striking ``may employ'' and inserting ``may
directly employ or contract with'';
(B) by striking ``employed by'' and inserting
``directly employed by or contracted by''; and
(C) by striking ``employed without'' and inserting
``directly employed or contracted without''.
(2) Secure gun storage or safety device; exceptions.--
Section 922(z)(2)(B) of title 18 is amended by striking
``employed by'' and inserting ``directly employed by or
contracted by''.
SEC. 35412. OPERATION DEEP DIVE; REPORT.
(a) Progress Reports.--Not later than 60 days after the date of the
enactment of this Act, and quarterly thereafter until the completion
date, the Administrator of the Federal Railroad Administration shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that describes the
progress of Metro-North Commuter Railroad in implementing the
directives and recommendations issued by the Federal Railroad
Administration in its March 2014 report to Congress titled ``Operation
Deep Dive Metro-North Commuter Railroad Safety Assessment''.
(b) Final Report.--Not later than 30 days after the completion
date, the Administrator of the Federal Railroad Administration shall
submit a final report on the directives and recommendations to
Congress.
(c) Defined Term.--In this section, the term ``completion date''
means the date on which Metro-North Commuter Railroad has completed all
of the directives and recommendations referred to in subsection (a).
SEC. 35413. POST-ACCIDENT ASSESSMENT.
(a) In General.--The Secretary of Transportation, in cooperation
with the National Transportation Safety Board and the National Railroad
Passenger Corporation (referred to in this section as ``Amtrak''),
shall conduct a post-accident assessment of the Amtrak Northeast
Regional Train #188 crash on May 12, 2015.
(b) Elements.--The assessment conducted pursuant to subsection (a)
shall include--
(1) a review of Amtrak's compliance with the plan for
addressing the needs of the families of passengers involved in
any rail passenger accident, which was submitted pursuant to
section 24316 of title 49, United States Code;
(2) a review of Amtrak's compliance with the emergency
preparedness plan required under section 239.101(a) of title
49, Code of Federal Regulations;
(3) a determination of any additional action items that
should be included in the plans referred to in paragraphs (1)
and (2) to meet the needs of the passengers involved in the
crash and their families, including--
(A) notification of emergency contacts;
(B) dedicated and trained staff to manage family
assistance;
(C) the establishment of a family assistance center
at the accident locale or other appropriate location;
(D) a system for identifying and recovering items
belonging to passengers that were lost in the crash;
and
(E) the establishment of a single customer service
entity within Amtrak to coordinate the response to the
needs of the passengers involved in the crash and their
families;
(4) recommendations for any additional training needed by
Amtrak staff to better implement the plans referred to in
paragraphs (1) and (2), including the establishment of a
regular schedule for training drills and exercises.
(c) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, Amtrak shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives that describes--
(1) its plan to achieve the recommendations referred to in
subsection (b)(4); and
(2) steps that have been taken to address any deficiencies
identified through the assessment.
SEC. 35414. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Assistance to Families of Passengers Involved in Rail Passenger
Accidents.--Section 1139 is amended--
(1) in subsection (a)(1), by striking ``phone number'' and
inserting ``telephone number'';
(2) in subsection (a)(2), by striking ``post trauma
communication with families'' and inserting ``post-trauma
communication with families''; and
(3) in subsection (j), by striking ``railroad passenger
accident'' each place it appears and inserting ``rail passenger
accident''.
(b) Solid Waste Rail Transfer Facility Land-Use Exemption.--Section
10909 is amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``Clean Railroad Act of 2008'' and inserting
``Clean Railroads Act of 2008''; and
(2) in subsection (e), by striking ``Upon the granting of
petition from the State'' and inserting ``Upon the granting of
a petition from the State''.
(c) Rulemaking Process.--Section 20116 is amended--
(1) by inserting ``(2)'' before ``the code, rule, standard,
requirement, or practice has been subject to notice and comment
under a rule or order issued under this part.'' and indenting
accordingly;
(2) by inserting ``(1)'' before ``unless'' and indenting
accordingly;
(3) in paragraph (1), as redesignated, by striking ``order,
or'' and inserting ``order; or''; and
(4) in the matter preceding paragraph (1), as redesignated,
by striking ``unless'' and inserting ``unless--''.
(d) Enforcement Report.--Section 20120(a) is amended--
(1) in the matter preceding paragraph (1), by striking
``website'' and inserting ``Web site'';
(2) in paragraph (1), by striking ``accident and incidence
reporting'' and inserting ``accident and incident reporting'';
(3) in paragraph (2)(G), by inserting ``and'' at the end;
and
(4) in paragraph (5)(B), by striking ``Administrative
Hearing Officer or Administrative Law Judge'' and inserting
``administrative hearing officer or administrative law judge''.
(e) Railroad Safety Risk Reduction Program.--Section 20156 is
amended--
(1) in subsection (c), by inserting a comma after ``In
developing its railroad safety risk reduction program''; and
(2) in subsection (g)(1)--
(A) by inserting a comma after ``good faith''; and
(B) by striking ``non-profit'' and inserting
``nonprofit''.
(f) Roadway User Sight Distance at Highway-Rail Grade Crossings.--
Section 20159 is amended by striking ``the Secretary'' and inserting
``the Secretary of Transportation''.
(g) National Crossing Inventory.--Section 20160 is amended--
(1) in subsection (a)(1), by striking ``concerning each
previously unreported crossing through which it operates or
with respect to the trackage over which it operates'' and
inserting ``concerning each previously unreported crossing
through which it operates with respect to the trackage over
which it operates''; and
(2) in subsection (b)(1)(A), by striking ``concerning each
crossing through which it operates or with respect to the
trackage over which it operates'' and inserting ``concerning
each crossing through which it operates with respect to the
trackage over which it operates''.
(h) Minimum Training Standards and Plans.--Section 20162(a)(3) is
amended by striking ``railroad compliance with Federal standards'' and
inserting ``railroad carrier compliance with Federal standards''.
(i) Development and Use of Rail Safety Technology.--Section
20164(a) is amended by striking ``after enactment of the Railroad
Safety Enhancement Act of 2008'' and inserting ``after the date of
enactment of the Rail Safety Improvement Act of 2008''.
(j) Rail Safety Improvement Act of 2008.--
(1) Table of contents.--Section 1(b) of division A of the
Rail Safety Improvement Act of 2008 (Public Law 110-432; 122
Stat. 4848) is amended--
(A) in the item relating to section 307, by
striking ``website'' and inserting ``Web site'';
(B) in the item relating to title VI, by striking
``solid waste facilities'' and inserting ``solid waste
rail transfer facilities''; and
(C) in the item relating to section 602, by
striking ``solid waste transfer facilities'' and
inserting ``solid waste rail transfer facilities''.
(2) Definitions.--Section 2(a)(1) of division A of the Rail
Safety Improvement Act of 2008 (Public Law 110-432; 122 Stat.
4849) is amended in the matter preceding subparagraph (A), by
inserting a comma after ``at grade''.
(3) Railroad safety strategy.--Section 102(a)(6) of title I
of division A of the Rail Safety Improvement Act of 2008 (49
U.S.C. 20101 note) is amended by striking ``Improving the
safety of railroad bridges, tunnels, and related infrastructure
to prevent accidents, incidents, injuries, and fatalities
caused by catastrophic failures and other bridge and tunnel
failures.'' and inserting ``Improving the safety of railroad
bridges, tunnels, and related infrastructure to prevent
accidents, incidents, injuries, and fatalities caused by
catastrophic and other failures of such infrastructure.''.
(4) Operation lifesaver.--Section 206(a) of title II of
division A of the Rail Safety Improvement Act of 2008 (49
U.S.C. 22501 note) is amended by striking ``Public Service
Announcements'' and inserting ``public service announcements''.
(5) Update of federal railroad administration's web site.--
Section 307 of title III of division A of the Rail Safety
Improvement Act of 2008 (49 U.S.C. 103 note) is amended--
(A) in the heading by striking ``federal railroad
administration's website'' and inserting ``Federal
Railroad Administration Web site'';
(B) by striking ``website'' each place it appears
and inserting ``Web site''; and
(C) by striking ``website's'' and inserting ``Web
site's''.
(6) Alcohol and controlled substance testing for
maintenance-of-way employees.--Section 412 of title IV of
division A of the Rail Safety Improvement Act of 2008 (49
U.S.C. 20140 note) is amended by striking ``Secretary of
Transportation'' and inserting ``Secretary''.
(7) Tunnel information.--Section 414 of title IV of
division A of the Rail Safety Improvement Act of 2008 (49
U.S.C. 20103 note) is amended--
(A) by striking ``parts 171.8, 173.115'' and
inserting ``sections 171.8, 173.115''; and
(B) by striking ``part 1520.5'' and inserting
``section 1520.5''.
(8) Safety inspections in mexico.--Section 416 of title IV
of division A of the Rail Safety Improvement Act of 2008 (49
U.S.C. 20107 note) is amended--
(A) in the matter preceding paragraph (1), by
striking ``Secretary of Transportation'' and inserting
``Secretary''; and
(B) in paragraph (4), by striking ``subsection''
and inserting ``section''.
(9) Heading of title vi.--The heading of title VI of
division A of the Rail Safety Improvement Act of 2008 (122
Stat. 4900) is amended by striking ``SOLID WASTE FACILITIES''
and inserting ``SOLID WASTE RAIL TRANSFER FACILITIES''.
(10) Heading of section 602.--Section 602 of title VI of
division A of the Rail Safety Improvement Act of 2008 (122
Stat. 4900) is amended by striking ``solid waste transfer
facilities'' and inserting ``solid waste rail transfer
facilities''.
SEC. 35415. GAO STUDY ON USE OF LOCOMOTIVE HORNS AT HIGHWAY-RAIL GRADE
CROSSINGS.
The Comptroller General of the United States shall submit a report
to Congress containing the results of a study evaluating the
effectiveness of the Federal Railroad Administration's final rule on
the use of locomotive horns at highway-rail grade crossings, which was
published in the Federal Register on August 17, 2006 (71 Fed. Reg.
47614).
SEC. 35416. BRIDGE INSPECTION REPORTS.
Section 417(d) of the Rail Safety Improvement Act of 2008 (49
U.S.C. 20103 note) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Availability of bridge inspection reports.--The
Administrator of the Federal Railroad Administration shall--
``(A) maintain a copy of the most recent bridge
inspection reports prepared in accordance with section
(b)(5); and
``(B) provide copies of the reports described in
subparagraph (A) to appropriate State and local
government transportation officials, upon request.''.
PART II--CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
SEC. 35421. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS.
(a) In General.--Chapter 244, as amended by section 35302 of this
Act, is further amended by adding at the end the following:
``Sec. 24408. Consolidated rail infrastructure and safety improvements
``(a) General Authority.--The Secretary may make grants under this
section to an eligible recipient to assist in financing the cost of
improving passenger and freight rail transportation systems in terms of
safety, efficiency, or reliability.
``(b) Eligible Recipients.--The following entities are eligible to
receive a grant under this section:
``(1) A State.
``(2) A group of States.
``(3) An Interstate Compact.
``(4) A public agency or publicly chartered authority
established by 1 or more States and having responsibility for
providing intercity rail passenger, commuter rail passenger, or
freight rail transportation service.
``(5) A political subdivision of a State.
``(6) Amtrak or another rail passenger carrier that
provides intercity rail passenger transportation (as defined in
section 24102) or commuter rail passenger transportation (as
defined in section 24102).
``(7) A Class II railroad or Class III railroad (as those
terms are defined in section 20102).
``(8) Any rail carrier or rail equipment manufacturer in
partnership with at least 1 of the entities described in
paragraphs (1) through (5).
``(9) Any entity established to procure, manage, or
maintain passenger rail equipment under section 305 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note).
``(10) An organization that is actively involved in the
development of operational and safety-related standards for
rail equipment and operations or the implementation of safety-
related programs.
``(11) The Transportation Research Board and any entity
with which it contracts in the development of rail-related
research, including cooperative research programs.
``(12) A University transportation center actively engaged
in rail-related research.
``(13) A non-profit labor organization representing a class
or craft of employees of railroad carriers or railroad carrier
contractors.
``(c) Eligible Projects.--The following projects are eligible to
receive grants under this section:
``(1) Deployment of railroad safety technology, including
positive train control and rail integrity inspection systems.
``(2) A capital project as defined in section 24401, except
that a project shall not be required to be in a State rail plan
developed under chapter 227.
``(3) A capital project identified by the Secretary as
being necessary to address congestion challenges affecting rail
service.
``(4) A highway-rail grade crossing improvement, including
grade separations, private highway-rail grade crossing
improvements, and safety engineering improvements to reduce
risk in quiet zones or potential quiet zones.
``(5) A rail line relocation project.
``(6) A capital project to improve short-line or regional
railroad infrastructure.
``(7) Development of public education, awareness, and
targeted law enforcement activities to reduce violations of
traffic laws at highway-rail grade crossings and to help
prevent and reduce injuries and fatalities along railroad
rights-of-way.
``(8) The preparation of regional rail and corridor service
development plans and corresponding environmental analyses.
``(9) Any project that the Secretary considers necessary to
enhance multimodal connections or facilitate service
integration between rail service and other modes, including
between intercity rail passenger transportation and intercity
bus service.
``(10) The development of rail-related capital, operations,
and safety standards.
``(11) The implementation and operation of a safety program
or institute designed to improve rail safety culture and rail
safety performance.
``(12) Any research that the Secretary considers necessary
to advance any particular aspect of rail-related capital,
operations, or safety improvements.
``(13) Workforce development activities, coordinated to the
extent practicable with the existing local training programs
supported by the Department of Transportation, Department of
Labor, and Department of Education.
``(d) Application Process.--The Secretary shall prescribe the form
and manner of filing an application under this section.
``(e) Project Selection Criteria.--
``(1) In general.--In selecting a recipient of a grant for
an eligible project, the Secretary shall--
``(A) give preference to a proposed project for
which the proposed Federal share of total project costs
does not exceed 50 percent; and
``(B) after factoring in preference to projects
under subparagraph (A), select projects that will
maximize the net benefits of the funds appropriated for
use under this section, considering the cost-benefit
analysis of the proposed project, including anticipated
private and public benefits relative to the costs of
the proposed project and factoring in the other
considerations described in paragraph (2).
``(2) Other considerations.--The Secretary shall also
consider the following:
``(A) The degree to which the proposed project's
business plan considers potential private sector
participation in the financing, construction, or
operation of the project;
``(B) The recipient's past performance in
developing and delivering similar projects, and
previous financial contributions;
``(C) Whether the recipient has or will have the
legal, financial, and technical capacity to carry out
the proposed project, satisfactory continuing control
over the use of the equipment or facilities, and the
capability and willingness to maintain the equipment or
facilities;
``(D) If applicable, the consistency of the
proposed project with planning guidance and documents
set forth by the Secretary or required by law or State
rail plans developed under chapter 227;
``(E) If applicable, any technical evaluation
ratings that proposed project received under previous
competitive grant programs administered by the
Secretary; and
``(F) Such other factors as the Secretary considers
relevant to the successful delivery of the project.
``(3) Benefits.--The benefits described in paragraph (1)(B)
may include the effects on system and service performance,
including measures such as improved safety, competitiveness,
reliability, trip or transit time, resilience, efficiencies
from improved integration with other modes, and ability to meet
existing or anticipated demand.
``(f) Performance Measures.--The Secretary shall establish
performance measures for each grant recipient to assess progress in
achieving strategic goals and objectives. The Secretary may require a
grant recipient to periodically report information related to such
performance measures.
``(g) Rural Areas.--
``(1) In general.--Of the amounts appropriated under this
section, at least 25 percent shall be available for projects in
rural areas. The Secretary shall consider a project to be in a
rural area if all or the majority of the project (determined by
the geographic location or locations where the majority of the
project funds will be spent) is located in a rural area.
``(2) Definition of rural area.--In this subsection, the
term `rural area' means any area not in an urbanized area, as
defined by the Census Bureau.
``(h) Federal Share of Total Project Costs.--
``(1) Total project costs.--The Secretary shall estimate
the total costs of a project under this subsection based on the
best available information, including engineering studies,
studies of economic feasibility, environmental analyses, and
information on the expected use of equipment or facilities.
``(2) Federal share.--The Federal share of total project
costs under this subsection shall not exceed 80 percent.
``(3) Treatment of passenger rail revenue.--If Amtrak or
another rail passenger carrier is an applicant under this
section, Amtrak or the other rail passenger carrier, as
applicable, may use ticket and other revenues generated from
its operations and other sources to satisfy the non-Federal
share requirements.
``(i) Applicability.--Except as specifically provided in this
section, the use of any amounts appropriated for grants under this
section shall be subject to the requirements of this chapter.
``(j) Availability.--Amounts appropriated for carrying out this
section shall remain available until expended.''.
(b) Conforming Amendment.--The table of contents of chapter 244, as
amended by section 35302 of this Act, is amended by adding after the
item relating to section 24407 the following:
``24408. Consolidated rail infrastructure and safety improvements.''.
PART III--HAZARDOUS MATERIALS BY RAIL SAFETY AND OTHER SAFETY
ENHANCEMENTS
SEC. 35431. REAL-TIME EMERGENCY RESPONSE INFORMATION.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, in consultation with the Secretary of
Homeland Security, shall promulgate regulations--
(1) to require a Class I railroad transporting hazardous
materials--
(A) to generate accurate, real-time, and electronic
train consist information, including--
(i) the identity, quantity, and location of
hazardous materials on a train;
(ii) the point of origin and destination of
the train;
(iii) any emergency response information or
resources required by the Secretary; and
(iv) an emergency response point of contact
designated by the Class I railroad; and
(B) to enter into a memorandum of understanding
with each applicable fusion center to provide that
fusion center with secure and confidential access to
the electronic train consist information described in
subparagraph (A) for each train transporting hazardous
materials in that fusion center's jurisdiction;
(2) to require each applicable fusion center to provide the
electronic train consist information described in paragraph
(1)(A) to first responders, emergency response officials, and
law enforcement personnel that are involved in the response to
or investigation of an incident, accident, or public health or
safety emergency involving the rail transportation of hazardous
materials and that request such electronic train consist
information;
(3) upon the request of each State, political subdivision
of a State, or public agency responsible for emergency response
or law enforcement, to require each applicable fusion center to
provide advance notice for each high-hazard flammable train
traveling through the jurisdiction of each State, political
subdivision of a State, or public agency, which notice shall
include the electronic train consist information described in
paragraph (1)(A) for the high-hazard flammable train, and to
the extent practicable, for requesting States, political
subdivisions, or public agencies, to ensure that the fusion
center shall provide at least 12 hours of advance notice for a
high-hazard flammable train that will be traveling through the
jurisdiction of the State, political subdivision of a State, or
public agency, and include within the notice its best estimate
of the time the train will enter the jurisdiction;
(4) to prohibit any railroad, employee, or agent from
withholding, or causing to be withheld the train consist
information from first responders, emergency response
officials, and law enforcement personnel described in paragraph
(2) in the event of an incident, accident, or public health or
safety emergency involving the rail transportation of hazardous
materials;
(5) to establish security and confidentiality protections
to prevent the release of the electronic train consist
information to unauthorized persons; and
(6) to allow each Class I railroad to enter into a
memorandum of understanding with any Class II or Class III
railroad that operates trains over the Class I railroad's line
to incorporate the Class II or Class III railroad's train
consist information within the existing framework described in
paragraph (1).
(b) Definitions.--In this section:
(1) Applicable fusion center.--The term ``applicable fusion
center'' means a fusion center with responsibility for a
geographic area in which a Class I railroad operates.
(2) Class i railroad.--The term ``Class I railroad'' has
the meaning given the term in section 20102 of title 49, United
States Code.
(3) Fusion center.--The term ``fusion center'' has the
meaning given the term in section 124h(j) of title 6, United
States Code.
(4) Hazardous materials.--The term ``hazardous materials''
means material designated as hazardous by the Secretary of
Transportation under chapter 51 of the United States Code.
(5) 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 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.
(6) Train consist.--The term ``train consist'' includes,
with regard to a specific train, the number of rail cars and
the commodity transported by each rail car.
(c) Savings Clause.--
(1) Nothing in this section may be construed to prohibit a
Class I railroad from voluntarily entering into a memorandum of
understanding, as described in subsection (a)(1)(B), with a
State emergency response commission or an entity representing
or including first responders, emergency response officials,
and law enforcement personnel.
(2) Nothing in this section may be construed to amend any
requirement for a railroad to provide a State Emergency
Response Commission, for each State in which it operates trains
transporting 1,000,000 gallons or more of Bakken crude oil,
notification regarding the expected movement of such trains
through the counties in the State.
SEC. 35432. THERMAL BLANKETS.
(a) Requirements.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall promulgate such regulations
as are necessary to require each tank car built to meet the DOT-117
specification and each non-jacketed tank car modified to meet the DOT-
117R specification--
(1) to be equipped with a thermal blanket; or
(2) to have sufficient thermal resistance so that there
will be no release of any lading within the tank car, except
release through the pressure relief device, when subjected to a
pool fire for 200 minutes and a torch fire for 30 minutes.
(b) Definition of Thermal Blanket.--In this section, the term
``thermal blanket'' means an insulating blanket that is applied between
the outer surface of a tank car tank and the inner surface of a tank
car jacket and that has thermal conductivity no greater than 2.65 Btu
per inch, per hour, per square foot, and per degree Fahrenheit at a
temperature of 2000 degrees Fahrenheit, plus or minus 100 degrees
Fahrenheit.
(c) Savings Clause.--
(1) Pressure relief devices.--Nothing in this section may
be construed to affect or prohibit any requirement to equip
with appropriately sized pressure relief devices a tank car
built to meet the DOT-117 specification or a non-jacketed tank
car modified to meet the DOT-117R specification.
(2) Harmonization.--Nothing in this section may be
construed to require or allow the Secretary to prescribe an
implementation deadline or authorization end date for the
requirement under subsection (a) that is earlier than the
applicable implementation deadline or authorization end date
for other tank car modifications necessary to meet the DOT-117R
specification.
SEC. 35433. COMPREHENSIVE OIL SPILL RESPONSE PLANS.
(a) Requirements.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall issue a notice of proposed
rulemaking to require each railroad carrier transporting a Class 3
flammable liquid to maintain a comprehensive oil spill response plan.
(b) Contents.--The regulations under subsection (a) shall require
each rail carrier described in that subsection--
(1) to include in the comprehensive oil spill response plan
procedures and resources for responding, to the maximum extent
practicable, to a worst-case discharge;
(2) to ensure the comprehensive oil spill response plan is
consistent with the National Contingency Plan and each
applicable Area Contingency Plan;
(3) to include in the comprehensive oil spill response plan
appropriate notification and training procedures;
(4) to review and update its comprehensive oil spill
response plan as appropriate; and
(5) to provide the comprehensive oil spill response plan
for acceptance by the Secretary.
(c) Savings Clause.--Nothing in the section may be construed as
prohibiting the Secretary from promulgating different comprehensive oil
response plan standards for Class I, Class II, and Class III railroads.
(d) Definitions.--In this section:
(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 in section 173.120(a)
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 meanings given
the terms in section 20102 of title 49, United States Code.
(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 of title 49, United
States Code.
(6) Worst-case discharge.--The term ``worst-case
discharge'' means a railroad carrier's calculation of its
largest foreseeable discharge in the event of an accident or
incident.
SEC. 35434. 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.--In 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;
(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;
(3) the potential applicability to trains transporting
hazardous materials of--
(A) a liability regime modeled after section 170 of
the Atomic Energy Act of 1954, as amended (42 U.S.C.
2210); and
(B) a liability regime modeled after subtitle 2 of
title XXI of the Public Health Service Act (42 U.S.C.
300aa-10 et seq.).
(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.--In 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.
SEC. 35435. STUDY AND TESTING OF ELECTRONICALLY-CONTROLLED PNEUMATIC
BRAKES.
(a) Government Accountability Office Study.--
(1) In general.--The Government Accountability Office shall
complete an independent evaluation of ECP brake systems pilot
program data and the Department of Transportation's research
and analysis on the effects of ECP brake systems.
(2) Study elements.--In completing the independent
evaluation under paragraph (1), the Government Accountability
Office 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 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) Deadline.--Not later than 18 months after the date of
enactment of this Act, the Government Accountability Office
shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the results of the independent
evaluation under paragraph (1).
(b) Emergency Braking Application Testing.--
(1) In general.--The Secretary of Transportation shall
enter into an agreement with the NCRRP Board--
(A) to 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) to transmit, not later than 18 months after the
date of enactment of this Act, 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 testing.
(2) Independent experts.--In completing the testing under
paragraph (1), the NCRRP Board may contract with 1 or more
engineering or rail experts, as appropriate, with relevant
experience in conducting railroad safety technology tests or
similar crash tests.
(3) Testing framework.--In completing the testing under
paragraph (1), the NCRRP Board 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 require, as part of the
agreement under paragraph (1), that the NCRRP Board fund the
testing required under this section--
(A) using such sums made available under section
24910 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 Office
of the Secretary.
(5) Equipment.--The NCRRP Board 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 reflect the findings from both
reports into a draft updated regulatory impact analysis
of the effects of the applicable ECP brake system
requirements;
(B) as soon as practicable after completion of the
draft 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, post the final updated
regulatory impact analysis on the Department of
Transportation 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 their costs, whether the applicable
ECP brake system requirements are justified; and
(B)(i) if the applicable ECP brake system
requirements are justified, publish in the Federal
Register the determination with the reasons for it; or
(ii) if the Secretary does not publish the
determination under clause (i), repeal the applicable
ECP brake system requirements.
(d) Definitions.--In this section:
(1) Applicable ecp brake system requirements.--The term
``applicable brake system requirements'' means sections
174.310(a)(3)(ii), 174.310(a)(3)(iii), 174.310(a)(5)(v),
179.102-10, 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 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) High-hazard flammable unit train.--The term ``high-
hazard flammable unit train'' means a single train transporting
70 or more loaded tank cars containing Class 3 flammable
liquid.
(7) NCRRP board.--The term ``NCRRP Board'' means the
independent governing board of the National Cooperative Rail
Research Program.
(8) Railroad carrier.--The term ``railroad carrier'' has
the meaning given the term in section 20102 of title 49, United
States Code.
(9) Report date.--The term ``report date'' means the date
that both the report under subsection (a)(3) and the report
under subsection (b)(1)(B) have been transmitted under those
subsections.
SEC. 35436. RECORDING DEVICES.
(a) In General.--Subchapter II of chapter 201 is amended by adding
after section 20167 the following:
``Sec. 20168. Installation of audio and image recording devices
``(a) In General.--Not later than 2 years after the date of
enactment of the Railroad Reform, Enhancement, and Efficiency Act, the
Secretary of Transportation shall promulgate regulations to require
each rail carrier that provides regularly scheduled intercity rail
passenger or commuter rail passenger transportation to the public to
install inward- and outward-facing image recording devices in all
controlling locomotive cabs and cab car operating compartments in such
passenger trains.
``(b) Device Standards.--Each inward- and outward-facing image
recording device shall--
``(1) have a minimum 12-hour continuous recording
capability;
``(2) have crash and fire protections for any in-cab image
recordings that are stored only within a controlling locomotive
cab or cab car operating compartment; and
``(3) have recordings accessible for review during an
accident investigation.
``(c) Review.--The Secretary shall establish a process to review
and approve or disapprove an inward- or outward-facing recording device
for compliance with the standards described in subsection (b).
``(d) Uses.--A rail carrier that has installed an inward- or
outward-facing image recording device approved under subsection (c) may
use recordings from that inward- or outward-facing image recording
device for the following purposes:
``(1) Verifying that train crew actions are in accordance
with applicable safety laws and the rail carrier's operating
rules and procedures.
``(2) Assisting in an investigation into the causation of a
reportable accident or incident.
``(3) Carrying out efficiency testing and system-wide
performance monitoring programs.
``(4) Documenting a criminal act or monitoring unauthorized
occupancy of the controlling locomotive cab or car operating
compartment.
``(5) Other purposes that the Secretary considers
appropriate.
``(e) Voluntary Implementation.--
``(1) In general.--Each rail carrier operating freight rail
service may implement any inward- or outward-facing image
recording devices approved under subsection (c).
``(2) Authorized uses.--Notwithstanding any other provision
of law, each rail carrier may use recordings from an inward- or
outward-facing image recording device approved under subsection
(c) for any of the purposes described in subsection (d).
``(f) Discretion.--
``(1) In general.--The Secretary may--
``(A) require in-cab audio recording devices for
the purposes described in subsection (d); and
``(B) define in appropriate technical detail the
essential features of the devices required under
subparagraph (A).
``(2) Exemptions.--The Secretary may exempt any rail
passenger carrier or any part of a rail passenger carrier's
operations from the requirements under subsection (a) if the
Secretary determines that the rail passenger carrier has
implemented an alternative technology or practice that provides
an equivalent or greater safety benefit or is better suited to
the risks of the operation.
``(g) Tampering.--A rail carrier may take appropriate enforcement
or administrative action against any employee that tampers with or
disables an audio or inward- or outward-facing image recording device
installed by the rail carrier.
``(h) Preservation of Data.--Each rail passenger carrier subject to
the requirements of subsection (a) shall preserve recording device data
for 1 year after the date of a reportable accident or incident.
``(i) Information Protections.--The Secretary may not disclose
publicly any part of an in-cab audio or image recording or transcript
of oral communications by or among train employees or other operating
employees responsible for the movement and direction of the train, or
between such operating employees and company communication centers,
related to an accident investigated by the Secretary. However, the
Secretary shall make public any part of a transcript or any written
depiction of visual information that the Secretary decides is relevant
to the accident at the time a majority of the other factual reports on
the accident are released to the public.
``(j) Prohibited Use.--An in-cab audio or image recording obtained
by a rail carrier under this section may not be used to retaliate
against an employee.
``(k) Savings Clause.--Nothing in this section may be construed as
requiring a rail carrier to cease or restrict operations upon a
technical failure of an inward- or outward-facing image recording
device. Such rail carrier shall repair or replace the failed inward- or
outward-facing image recording device as soon as practicable.''.
(b) Conforming Amendment.--The table of contents for subchapter II
of chapter 201 is amended by adding at the end the following:
``20168. Installation of audio and image recording devices.''.
SEC. 35437. RAIL PASSENGER TRANSPORTATION LIABILITY.
(a) Limitations.--Section 28103(a) is amended--
(1) in paragraph (2), by striking ``$200,000,000'' and
inserting ``$295,000,000, except as provided in paragraph
(3).''; and
(2) by adding at the end the following:
``(3) The liability cap under paragraph (2) shall be
adjusted every 5 years by the Secretary of Transportation to
reflect changes in the Consumer Price Index-All Urban
Consumers.
``(4) The Federal Government shall have no financial
responsibility for any claims described in paragraph (2).''.
(b) Definition of Rail Passenger Transportation.--Section 28103(e)
is amended--
(1) in the heading, by striking ``Definition.--'' and
inserting ``Definitions.--'';
(2) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) the term `rail passenger transportation' includes
commuter rail passenger transportation (as defined in section
24102).''.
(c) Prohibition.--No Federal funds may be appropriated for the
purpose of paying for the portion of an insurance premium attributable
to the increase in allowable awards under the amendments made by
subsection (a).
(d) Effective Date.--The amendments made by subsection (a) shall be
effective for any passenger rail accident or incident occurring on or
after May 12, 2015.
SEC. 35438. MODIFICATION REPORTING.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall implement a reporting requirement to
monitor industry-wide progress toward modifying tank cars used in high-
hazard flammable train service by the applicable deadlines or
authorization end dates set in regulation.
(b) Tank Car Data.--The Secretary shall collect data from shippers
and tank car owners on--
(1) the total number of tank cars modified to meet the DOT-
117R specification, or equivalent, specifying--
(A) the type or specification of each tank car
before it was modified, including non-jacketed DOT-111,
jacketed DOT-111, non-jacketed DOT-111 meeting the CPC-
1232 standard, or jacketed DOT-111 meeting the CPC-1232
standard; and
(B) the identification number of each Class 3
flammable liquid carried by each tank car in the past
year;
(2) the total number of tank cars built to meet the DOT-117
specification, or equivalent; and
(3) the total number of tank cars used or likely to be used
in high-hazard flammable train service that have not been
modified, specifying--
(A) the type or specification of each tank car not
modified, including the non-jacketed DOT-111, jacketed
DOT-111, non-jacketed DOT-111 meeting the CPC-1232
standard, or jacketed DOT-111 meeting the CPC-1232
standard; and
(B) the identification number of each Class 3
flammable liquid carried by each tank car in the past
year.
(c) Tank Car Shop Data.--The Secretary shall conduct a survey of
tank car facilities modifying tank cars to the DOT-117R specification,
or equivalent, or building new tank cars to the DOT-117 specification,
or equivalent, to generate statistically-valid estimates of the
expected number of tank cars those facilities expect to modify to DOT-
117R specification, or equivalent, or build to the DOT-117
specification, or equivalent.
(d) Frequency.--The Secretary shall collect the data under
subsection (b) and conduct the survey under subsection (c) annually
until May 1, 2025.
(e) Information Protections.--
(1) In general.--The Secretary shall only report data in
industry-wide totals and shall treat company-specific
information as confidential business information.
(2) Level of confidentiality.--The Secretary shall ensure
the data collected under subsection (b) and the survey data
under subsection (c) have the same level of confidentiality as
contained in the Confidential Information Protection and
Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note), as
administered by the Bureau of Transportation Statistics.
(3) Designee.--The Secretary may designate the Director of
the Bureau of Transportation Statistics to collect data under
subsection (b) and the survey data under subsection (c) and
direct the Director to ensure the confidentially of company-
specific information to the maximum extent permitted by law.
(f) Report.--Each year, not later than 60 days after the date that
both the collection of the data under subsection (b) and the survey
under subsection (c) are complete, the Secretary shall report on the
aggregate results, without company-specific information, 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.
(g) Definitions.--In this section:
(1) Class 3 flammable liquid.--The term ``Class 3 flammable
liquid'' has the meaning given the term in section 173.120(a)
of title 49, Code of Federal Regulations.
(2) 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 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. 35439. REPORT ON CRUDE OIL CHARACTERISTICS RESEARCH STUDY.
Not later than 180 days after the research completion of the
comprehensive Crude Oil Characteristics Research Sampling, Analysis,
and Experiment (SAE) Plan study at Sandia National Laboratories, the
Secretary of Energy, in cooperation with the Secretary of
Transportation, shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on Energy and
Natural Resources of the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on
Energy and Commerce of the House of Representatives that contains--
(1) the results of the comprehensive Crude Oil
Characteristics Research Sampling, Analysis, and Experiment
(SAE) Plan study; and
(2) recommendations, based on the findings of the study,
for--
(A) regulations that should be prescribed by the
Secretary of Transportation or the Secretary of Energy
to improve the safe transport of crude oil; and
(B) statutes that should be enacted by Congress to
improve the safe transport of crude oil.
PART IV--POSITIVE TRAIN CONTROL
SEC. 35441. COORDINATION OF SPECTRUM.
(a) Assessment.--The Secretary, in coordination with the Chairman
of the Federal Communications Commission, shall assess spectrum needs
and availability for implementing positive train control systems (as
defined in section 20157(i)(3) of title 49, United States Code). The
Secretary and the Chairman may consult with external stakeholders in
carrying out this section.
(b) Report.--Not later than 120 days after the date of enactment of
this Act, the Secretary shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
that contains the results of the assessment conducted under subsection
(a).
SEC. 35442. UPDATED PLANS.
(a) Implementation.--Section 20157(a) is amended to read as
follows:
``(a) Implementation.--
``(1) Plan required.--Each Class I railroad carrier and
each entity providing regularly scheduled intercity or commuter
rail passenger transportation shall develop and submit to the
Secretary of Transportation a plan for implementing a positive
train control system by December 31, 2015, governing operations
on--
``(A) its main line over which intercity rail
passenger transportation or commuter rail passenger
transportation (as defined in section 24102) is
regularly provided;
``(B) its main line over which poison- or toxic-by-
inhalation hazardous materials (as defined in sections
171.8, 173.115, and 173.132 of title 49, Code of
Federal Regulations) are transported; and
``(C) such other tracks as the Secretary may
prescribe by regulation or order.
``(2) Interoperability and prioritization.--The plan shall
describe how the railroad carrier or other entity subject to
paragraph (1) will provide for interoperability of the positive
train control systems with movements of trains of other
railroad carriers over its lines and shall, to the extent
practical, implement the positive train control systems in a
manner that addresses areas of greater risk before areas of
lesser risk.
``(3) Secretarial review of updated plans.--
``(A) Submission of updated plans.--Notwithstanding
the deadline set forth in paragraph (1), not later than
90 days after the date of enactment of the Railroad
Reform, Enhancement, and Efficiency Act, each Class I
railroad carrier or other entity subject to paragraph
(1) may submit to the Secretary an updated plan that
amends the plan submitted under paragraph (1) with an
updated implementation schedule (as described in
paragraph (4)(B)) and milestones or metrics (as
described in paragraph (4)(A)) that demonstrate that
the railroad carrier or other entity will implement a
positive train control system as soon as practicable,
if implementing in accordance with the updated plan
will not introduce operational challenges or risks to
full, successful, and safe implementation.
``(B) Review of updated plans.--Not later than 150
days after receiving an updated plan under subparagraph
(A), the Secretary shall review the updated plan and
approve or disapprove it. In determining whether to
approve or disapprove the updated plan, the Secretary
shall consider whether the railroad carrier or other
entity submitting the plan--
``(i)(I) has encountered technical or
programmatic challenges identified by the
Secretary in the 2012 report transmitted to
Congress pursuant to subsection (d); and
``(II) the challenges referred to in
subclause (I) have negatively affected the
successful implementation of positive train
control systems;
``(ii) has demonstrated due diligence in
its effort to implement a positive train
control system;
``(iii) has included in its plan milestones
or metrics that demonstrate the railroad
carrier or other entity will implement a
positive train control system as soon as
practicable, if implementing in accordance with
the milestones or metrics will not introduce
operational challenges or risks to full,
successful, and safe implementation; and
``(iv) has set an implementation schedule
in its plan that shows the railroad will comply
with paragraph (7), if implementing in
accordance with the implementation schedule
will not introduce operational challenges or
risks to full, successful, and safe
implementation.
``(C) Modification of updated plans.--(i) If the
Secretary has not approved an updated plan under
subparagraph (B) within 60 days of receiving the
updated plan under subparagraph (A), the Secretary
shall immediately--
``(I) provide a written response to the
railroad carrier or other entity that
identifies the reason for not approving the
updated plan and explains any incomplete or
deficient items;
``(II) allow the railroad carrier or other
entity to submit, within 30 days of receiving
the written response under subclause (I), a
modified version of the updated plan for the
Secretary's review; and
``(III) approve or issue final disapproval
for a modified version of the updated plan
submitted under subclause (II) not later than
60 days after receipt.
``(ii) During the 60-day period described in clause
(i)(III), the railroad or other entity that has
submitted a modified version of the updated plan under
clause (i)(II) may make additional modifications, if
requested by the Secretary, for the purposes of
correcting incomplete or deficient items to receive
approval.
``(D) Public availability.--Not later than 30 days
after approving an updated plan under this paragraph,
the Secretary shall make the updated plan available on
the website of the Federal Railroad Administration.
``(E) Pending reviews.--For an applicant that
submits an updated plan under subparagraph (A), the
Secretary shall extend the deadline for implementing a
positive train control system at least until the date
the Secretary approves or issues final disapproval for
the updated plan with an updated implementation
schedule (as described in paragraph (4)(B)).
``(F) Disapproval.--A railroad carrier or other
entity that has its modified version of its updated
plan disapproved by the Secretary under subparagraph
(C)(i)(III), and that has not implemented a positive
train control system by the deadline in subsection
(a)(1), is subject to enforcement action authorized
under subsection (e).
``(4) Contents of updated plan.--
``(A) Milestones or metrics.--Each updated plan
submitted under paragraph (3) shall describe the
following milestones or metrics:
``(i) The total number of components that
will be installed with positive train control
by the end of each calendar year until positive
train control is fully implemented, with totals
separated by each component category.
``(ii) The number of employees that will
receive the training, as required under the
applicable positive train control system
regulations, by the end of each calendar year
until positive train control is fully
implemented.
``(iii) The calendar year or years in which
spectrum will be acquired and will be available
for use in all areas that it is needed for
positive train control implementation, if such
spectrum is not already acquired and ready for
use.
``(B) Implementation schedule.--Each updated plan
submitted under paragraph (3) shall include an
implementation schedule that identifies the dates by
which the railroad carrier or other entity will--
``(i) fully implement a positive train
control system;
``(ii) complete all component installation,
consistent with the milestones or metrics
described in subparagraph (A)(i);
``(iii) complete all employee training
required under the applicable positive train
control system regulations, consistent with the
milestones or metrics described in subparagraph
(A)(ii);
``(iv) acquire all necessary spectrum,
consistent with the milestones or metrics in
subparagraph (A)(iii); and
``(v) activate its positive train control
system.
``(C) Additional information.--Each updated plan
submitted under paragraph (3) shall include--
``(i) the total number of positive train
control components required for implementation,
with totals separated by each major component
category;
``(ii) the total number of employees
requiring training under the applicable
positive train control system regulations;
``(iii) a summary of the remaining
challenges to positive train control system
implementation, including--
``(I) testing issues;
``(II) interoperability challenges;
``(III) permitting issues; and
``(IV) certification challenges.
``(D) Defined term.--In this paragraph, the term
`component' means a locomotive apparatus, a wayside
interface unit (including any associated legacy signal
system replacements), back office system hardware, a
base station radio, a wayside radio, or a locomotive
radio.
``(5) Plan implementation.--The Class I railroad carrier or
other entity subject to paragraph (1) shall implement a
positive train control system in accordance with its plan,
including any amendments made to the plan by its updated plan
approved by the Secretary under paragraph (3), and subject to
section 35443 of the Railroad Reform, Enhancement, and
Efficiency Act.
``(6) Progress report.--Each Class I railroad carrier or
other entity with an approved updated plan shall submit an
annual report to the Secretary that describes the progress made
on positive train control implementation, including--
``(A) the extent to which the railroad carrier or
other entity met or exceeded the metrics or milestones
described in paragraph (4)(A);
``(B) the extent to which the railroad carrier or
other entity complied with its implementation schedule
under paragraph (4)(B); and
``(C) any update to the information provided under
paragraph (4)(C).
``(7) Constraint.--Each updated plan shall reflect that the
railroad carrier or other entity subject to paragraph (1) will,
not later than December 31, 2018--
``(A) complete component installation and spectrum
acquisition; and
``(B) activate its positive train control system
without undue delay.''.
(b) Enforcement.--Section 20157(e) is amended to read as follows:
``(e) Enforcement.--The Secretary is authorized to assess civil
penalties pursuant to chapter 213 for the failure to submit or comply
with a plan for implementing positive train control under subsection
(a), including any amendments to the plan made by an updated plan
(including milestones or metrics and an updated implementation
schedule) approved by the Secretary under paragraph (3) of such
subsection, subject to section 35443 of the Railroad Reform,
Enhancement, and Efficiency Act.''.
(c) Definitions.--Section 20157(i) is amended--
(1) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively; and
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) Activate.--The term `activate' means to initiate the
use of a positive train control system in every subdivision or
district where the railroad carrier or other entity is prepared
to do so safely, reliably, and successfully, and proceed with
revenue service demonstration as necessary for system testing
and certification, prior to full implementation.''.
(d) Conforming Amendment.--Section 20157(g) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Conforming regulatory amendments.--Immediately after
the date of the enactment of the Railroad Reform, Enhancement,
and Efficiency Act, the Secretary--
``(A) shall remove or revise any references to
specified dates in the regulations or orders
implementing this section to the extent necessary to
conform with the amendments made by such Act; and
``(B) may not enforce any such date-specific
deadlines or requirements that are inconsistent with
the amendments made by such Act.''.
(e) Savings Provisions.--
(1) Resubmission of information.--Nothing in the amendments
made by this section may be construed to require a Class I
railroad carrier or other entity subject to section 20157(a) of
title 49, United States Code, to resubmit in its updated plan
information from its initial implementation plan that is not
changed or affected by the updated plan. The Secretary shall
consider an updated plan submitted pursuant to paragraph (3) of
that section to be an addendum that makes amendments to the
initial implementation plan.
(2) Submission of new plan.--Nothing in the amendments made
by this section may be construed to require a Class I railroad
carrier or other entity subject to section 20157(a) of title
49, United States Code, to submit a new implementation plan
pursuant to the deadline set forth in that section.
(3) Approval.--A railroad carrier or other entity subject
to section 20157(a) of title 49, United States Code, that has
its updated plan, including a modified version of the updated
plan, approved by the Secretary under subparagraph (B) or
subparagraph (C) of paragraph (3) of that section shall not be
required to implement a positive train control system by the
deadline under paragraph (1) of that section.
SEC. 35443. EARLY ADOPTION AND INTEROPERABILITY.
(a) Early Adoption.--During the 1-year period beginning on the date
on which the last railroad carrier's or other entity's positive train
control system, subject to section 20157(a) of title 49, United States
Code, is certified by the Secretary under subsection (h) of such
section and implemented on all of that railroad carrier's or other
entity's lines required to have operations governed by a positive train
control system, any railroad carrier or other entity shall not be
subject to the operational restrictions set forth in subpart I of part
236 of title 49, Code of Federal Regulations, that would otherwise
apply in the event of a positive train control system component
failure.
(b) Interoperability Procedure.--If multiple railroad carriers
operate on a single railroad line through a trackage or haulage
agreement, each railroad carrier operating on the railroad line shall
not be subject to the operating restrictions set forth in subpart I of
part 236 of title 49, Code of Federal Regulations, with respect to the
railroad line, until the Secretary certifies that--
(1) each Class I railroad carrier and each entity providing
regularly scheduled intercity or commuter rail passenger
transportation that operates on the railroad line is in
compliance with its positive train control requirements under
section 20157(a) of title 49, United States Code;
(2) each Class II or Class III railroad that operates on
the railroad line is in compliance with the applicable
regulatory requirements to equip locomotives operating in
positive train control territory; and
(3) the implementation of any and all positive train
control systems are interoperable and operational on the
railroad line in conformance with each approved implementation
plan so that each freight and passenger railroad can operate on
the line with that freight or passenger railroad's positive
train control equipment.
(c) Small Railroads.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall amend section
236.1006(b)(4)(iii)(B) of title 49, Code of Federal Regulations
(relating to equipping locomotives for applicable Class II and Class
III railroads operating in positive train control territory) to extend
each deadline by 3 years.
(d) Enforcement.--
(1) In general.--Subject to paragraph (2), nothing in
subsection (a) may be construed to prohibit the Secretary from
enforcing the metrics and milestones under section
20157(a)(4)(A) of title 49, United States Code, as amended by
section 35442 of this Act.
(2) Activation.--Beginning on the date in which a railroad
carrier or other entity subject to section 20157(a) of title
49, United States Code, as amended by section 35442 of this
Act, has activated its positive train control system, the
railroad carrier or other entity shall not be in violation of
its plan, including its updated plan, approved under this Act
if implementing such plan introduces operational challenges or
risks to full, successful, and safe implementation.
SEC. 35444. POSITIVE TRAIN CONTROL AT GRADE CROSSINGS EFFECTIVENESS
STUDY.
(a) Study.--After the Secretary certifies that each Class I
railroad carrier and each entity providing regularly scheduled
intercity or commuter rail passenger transportation is in compliance
with the positive train control requirements under section 20157(a) of
title 49, United States Code, the Secretary shall enter into an
agreement with the National Cooperative Rail Research Program Board--
(1) to conduct a study of the possible effectiveness of
positive train control and related technologies on reducing
collisions at highway-rail grade crossings; and
(2) to submit a report containing the results of the study
conducted under paragraph (1) to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(b) Funding.--The Secretary may require, as part of the agreement
under subsection (a), that the National Cooperative Rail Research
Program Board fund the study required under this section using such
sums as may be necessary out of the amounts made available under
section 24910 of title 49, United States Code.
Subtitle E--Project Delivery
SEC. 35501. SHORT TITLE.
This subtitle may be cited as the ``Track, Railroad, and
Infrastructure Network Act''.
SEC. 35502. PRESERVATION OF PUBLIC LANDS.
(a) Highways.--Section 138 of title 23, United States Code, is
amended--
(1) in subsection (b)(2)(A)(i), by inserting ``, taking
into consideration any avoidance, minimization, and mitigation
or enhancement measures incorporated into the program or
project'' after ``historic site''; and
(2) by adding at the end the following:
``(c) Rail and Transit.--Improvements to, or the maintenance,
rehabilitation, or operation of, railroad or rail transit lines or
elements of such lines, with the exception of stations, that are in use
or were historically used for the transportation of goods or
passengers, shall not be considered a use of an historic site under
subsection (a), regardless of whether the railroad or rail transit line
or element of such line is listed on, or eligible for listing on, the
National Register of Historic Places.''.
(b) Transportation Projects.--Section 303 is amended--
(1) in subsection (c), by striking ``subsection (d)'' and
inserting ``subsections (d) and (e)'';
(2) in subsection (d)(2)(A)(i), by inserting ``, taking
into consideration any avoidance, minimization, and mitigation
or enhancement measures incorporated into the program or
project'' after ``historic site''; and
(3) by adding at the end the following:
``(e) Rail and Transit.--Improvements to, or the maintenance,
rehabilitation, or operation of, railroad or rail transit lines or
elements of such lines, with the exception of stations, that are in use
or were historically used for the transportation of goods or
passengers, shall not be considered a use of an historic site under
subsection (c), regardless of whether the railroad or rail transit line
or element of such line is listed on, or eligible for listing on, the
National Register of Historic Places.''.
SEC. 35503. EFFICIENT ENVIRONMENTAL REVIEWS.
(a) In General.--Section 304 is amended--
(1) in the heading, by striking ``for multimodal projects''
and inserting ``and increasing the efficiency of environmental
reviews''; and
(2) by adding at the end the following:
``(e) Efficient Environmental Reviews.--
``(1) In general.--The Secretary of Transportation shall
apply the project development procedures, to the greatest
extent feasible, described in section 139 of title 23, United
States Code, to any rail project that requires the approval of
the Secretary of Transportation under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) Regulations and procedures.--The Secretary of
Transportation shall incorporate such project development
procedures into the agency regulations and procedures
pertaining to rail projects.
``(f) Applicability of NEPA Decisions.--
``(1) In general.--A Department of Transportation operating
administration may apply a categorical exclusion designated by
another Department of Transportation operating administration
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(2) Findings.--A Department of Transportation operating
administration may adopt, in whole or in part, another
Department of Transportation operating administration's Record
of Decision, Finding of No Significant Impact, and any
associated evaluations, determinations, or findings
demonstrating compliance with any law related to environmental
review or historic preservation.''.
SEC. 35504. ADVANCE ACQUISITION.
(a) In General.--Chapter 241 is amended by inserting after section
24105 the following--
``Sec. 24106. Advance acquisition
``(a) Rail Corridor Preservation.--The Secretary may assist a
recipient of funding in acquiring right-of-way and adjacent real
property interests before or during the completion of the environmental
reviews for any project receiving funding under subtitle V of title 49,
United States Code, that may use such property interests if the
acquisition is otherwise permitted under Federal law, and the recipient
requesting Federal funding for the acquisition certifies, with the
concurrence of the Secretary, that--
``(1) the recipient has authority to acquire the right-of-
way or adjacent real property interest; and
``(2) the acquisition of the right-of-way or adjacent real
property interest--
``(A) is for a transportation or transportation-
related purpose;
``(B) will not cause significant adverse
environmental impact;
``(C) will not limit the choice of reasonable
alternatives for the proposed project or otherwise
influence the decision of the Secretary on any approval
required for the proposed project;
``(D) does not prevent the lead agency for the
review process from making an impartial decision as to
whether to accept an alternative that is being
considered;
``(E) complies with other applicable Federal law,
including regulations;
``(F) will be acquired through negotiation and
without the threat of condemnation; and
``(G) will not result in the elimination or
reduction of benefits or assistance to a displaced
person under the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.) and title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.).
``(b) Environmental Reviews.--
``(1) Completion of nepa review.--Before authorizing any
Federal funding for the acquisition of a real property interest
that is the subject of a grant or other funding under this
subtitle, the Secretary shall complete, if required, the review
process under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to the acquisition.
``(2) Completion of section 106.--An acquisition of a real
property interest involving an historic site shall not occur
unless the section 106 process, if required, under the National
Historic Preservation Act (54 U.S.C. 306108) is complete.
``(3) Timing of acquisitions.--A real property interest
acquired under subsection (a) may not be developed in
anticipation of the proposed project until all required
environmental reviews for the project have been completed.''.
(b) Conforming Amendment.--The table of contents of chapter 241 is
amended by inserting after the item relating to section 24105 the
following:
``24106. Advance acquisition.''.
SEC. 35505. RAILROAD RIGHTS-OF-WAY.
Section 306108 of title 54, United States Code, is amended--
(1) by inserting ``(b) Opportunity To Comment.--'' before
``The head of the Federal agency shall afford'' and indenting
accordingly;
(2) in the matter before subsection (b), by inserting ``(a)
In General.--'' before ``The head of any Federal agency having
direct'' and indenting accordingly; and
(3) by adding at the end the following:
``(c) Exemption for Railroad Rights-of-Way.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Track, Railroad, and Infrastructure Network
Act, the Secretary of Transportation shall submit a proposed
exemption of railroad rights-of-way from the review under this
chapter to the Council for its consideration, consistent with
the exemption for interstate highways approved on March 10,
2005 (70 Fed. Reg. 11,928).
``(2) Final exemption.--Not later than 180 days after the
date that the Secretary submits the proposed exemption under
paragraph (1) to the Council, the Council shall issue a final
exemption of railroad rights-of-way from review under this
chapter, consistent with the exemption for interstate highways
approved on March 10, 2005 (70 Fed. Reg. 11,928).''.
SEC. 35506. SAVINGS CLAUSE.
Nothing in this title, or any amendment made by this title, shall
be construed as superceding, amending, or modifying the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or affect the
responsibility of any Federal officer to comply with or enforce any
such statute.
SEC. 35507. TRANSITION.
Nothing in this title, or any amendment made by this title, shall
affect any existing environmental review process, program, agreement,
or funding arrangement approved by the Secretary under title 49, United
States Code, as that title was in effect on the day preceding the date
of enactment of this subtitle.
Subtitle F--Financing
SEC. 35601. SHORT TITLE; REFERENCES.
(a) Short Title.--This subtitle may be cited as the ``Railroad
Infrastructure Financing Improvement Act''.
(b) References to the Railroad Revitalization and Regulatory Reform
Act of 1976.--Except as otherwise expressly provided, wherever in this
subtitle an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Railroad
Revitalization and Regulatory Reform Act of 1976, as amended (45 U.S.C.
801 et seq.).
SEC. 35602. DEFINITIONS.
Section 501 (45 U.S.C. 821) is amended--
(1) by redesignating paragraph (8) as paragraph (10);
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(3) by inserting after paragraph (5) the following:
``(6) The term `investment-grade rating' means a rating of
BBB minus, Baa 3, bbb minus, BBB(low), or higher assigned by a
rating agency.'';
(4) by inserting after paragraph (8), as redesignated, the
following:
``(9) The term `master credit agreement' means an agreement
to make 1 or more direct loans or loan guarantees at future
dates for a program of related projects on terms acceptable to
the Secretary.''; and
(5) by adding at the end the following:
``(11) The term `project obligation' means a note, bond,
debenture, or other debt obligation issued by a borrower in
connection with the financing of a project, other than a direct
loan or loan guarantee under this title.
``(12) The term `railroad' has the meaning given the term
`railroad carrier' in section 20102 of title 49, United States
Code.
``(13) The term `rating agency' means a credit rating
agency registered with the Securities and Exchange Commission
as a nationally recognized statistical rating organization (as
defined in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a))).
``(14) The term `substantial completion' means--
``(A) the opening of a project to passenger or
freight traffic; or
``(B) a comparable event, as determined by the
Secretary and specified in the direct loan.''.
SEC. 35603. ELIGIBLE APPLICANTS.
Section 502(a) (45 U.S.C. 822(a)) is amended--
(1) in paragraph (5), by striking ``one railroad; and'' and
inserting ``1 of the entities described in paragraph (1), (2),
(3), (4), or (6);''; and
(2) by amending paragraph (6) to read as follows:
``(6) solely for the purpose of constructing a rail
connection between a plant or facility and a rail carrier,
limited option freight shippers that own or operate a plant or
other facility; and''.
SEC. 35604. ELIGIBLE PURPOSES.
Section 502(b)(1) (45 U.S.C. 822(b)(1)) is amended--
(1) in subparagraph (A), by inserting ``, and costs related
to these activities, including pre-construction costs'' after
``shops'';
(2) in subparagraph (B), by striking ``subparagraph (A);
or'' and inserting ``subparagraph (A) or (C);'';
(3) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(D) reimburse planning and design expenses
relating to projects described in subparagraph (A) or
(C).''.
SEC. 35605. PROGRAM ADMINISTRATION.
(a) Application Processing Procedures.--Section 502(i) (45 U.S.C.
822(i)) is amended to read as follows:
``(i) Application Processing Procedures.--
``(1) Application status notices.--Not later than 30 days
after the date that the Secretary receives an application under
this section, the Secretary shall provide the applicant written
notice as to whether the application is complete or incomplete.
``(2) Incomplete applications.--If the Secretary determines
that an application is incomplete, the Secretary shall--
``(A) provide the applicant with a description of
all of the specific information or material that is
needed to complete the application; and
``(B) allow the applicant to resubmit the
information and material described under subparagraph
(A) to complete the application.
``(3) Application approvals and disapprovals.--
``(A) In general.--Not later than 60 days after the
date the Secretary notifies an applicant that an
application is complete under paragraph (1), the
Secretary shall provide the applicant written notice as
to whether the Secretary has approved or disapproved
the application.
``(B) Actions by the office of management and
budget.--In order to enable compliance with the time
limit under subparagraph (A), the Office of Management
and Budget shall take any action required with respect
to the application within that 60-day period.
``(4) Expedited processing.--The Secretary shall implement
procedures and measures to economize the time and cost involved
in obtaining an approval or a disapproval of credit assistance
under this title.
``(5) Dashboard.--The Secretary shall post on the
Department of Transportation's public Web site a monthly report
that includes for each application--
``(A) the name of the applicant or applicants;
``(B) the location of the project;
``(C) a brief description of the project, including
its purpose;
``(D) the requested direct loan or loan guarantee
amount;
``(E) the date on which the Secretary provided
application status notice under paragraph (1); and
``(F) the date that the Secretary provided notice
of approval or disapproval under paragraph (3).''.
(b) Administration of Direct Loans and Loan Guarantees.--Section
503 (45 U.S.C. 823) is amended--
(1) in subsection (a), by striking the period at the end
and inserting ``, including a program guide and standard term
sheet and specific timetables.'';
(2) by redesignating subsections (c) through (l) as
subsections (d) through (m), respectively;
(3) by striking ``(b) Assignment of Loan Guarantees.--''
and inserting ``(c) Assignment of Loan Guarantees.--'';
(4) in subsection (d), as redesignated--
(A) in paragraph (1), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) the modification cost has been covered under section
502(f).''; and
(5) by amending subsection (l), as redesignated, to read as
follows:
``(l) Charges and Loan Servicing.--
``(1) Purposes.--The Secretary may collect and spend from
each applicant, obligor, or loan party a reasonable charge
for--
``(A) the cost of evaluating the application,
amendments, modifications, and waivers, including for
evaluating project viability, applicant
creditworthiness, and the appraisal of the value of the
equipment or facilities for which the direct loan or
loan guarantee is sought, and for making necessary
determinations and findings;
``(B) the cost of award management and project
management oversight;
``(C) the cost of services from expert firms,
including counsel, and independent financial advisors
to assist in the underwriting, auditing, servicing, and
exercise of rights with respect to direct loans and
loan guarantees; and
``(D) the cost of all other expenses incurred as a
result of a breach of any term or condition or any
event of default on a direct loan or loan guarantee.
``(2) Standards.--The Secretary may charge different
amounts under this subsection based on the different costs
incurred under paragraph (1).
``(3) Servicer.--
``(A) In general.--The Secretary may appoint a
financial entity to assist the Secretary in servicing a
direct loan or loan guarantee under this section.
``(B) Duties.--A servicer appointed under
subparagraph (A) shall act as the agent of the
Secretary in serving a direct loan or loan guarantee
under this section.
``(C) Fees.--A servicer appointed under
subparagraph (A) shall receive a servicing fee from the
obligor or other loan party, subject to approval by the
Secretary.
``(4) Safety and operations account.--Amounts collected
under this subsection shall--
``(A) be credited directly to the Safety and
Operations account of the Federal Railroad
Administration; and
``(B) remain available until expended to pay for
the costs described in this subsection.''.
SEC. 35606. LOAN TERMS AND REPAYMENT.
(a) Prerequisites for Assistance.--Section 502(g)(1) (45 U.S.C.
822(g)(1)) is amended by striking ``35 years from the date of its
execution'' and inserting ``the lesser of 35 years after the date of
substantial completion of the project or the estimated useful life of
the rail equipment or facilities to be acquired, rehabilitated,
improved, developed, or established''.
(b) Repayment Schedules.--Section 502(j) (45 U.S.C. 822(j)) is
amended--
(1) in paragraph (1), by striking ``the sixth anniversary
date of the original loan disbursement'' and inserting ``5
years after the date of substantial completion''; and
(2) by adding at the end the following:
``(3) Deferred payments.--
``(A) In general.--If at any time after the date of
substantial completion the project is unable to
generate sufficient revenues to pay the scheduled loan
repayments of principal and interest on the direct
loan, the Secretary, subject to subparagraph (B), may
allow, for a maximum aggregate time of 1 year over the
duration of the direct loan, the obligor to add unpaid
principal and interest to the outstanding balance of
the direct loan.
``(B) Interest.--A payment deferred under
subparagraph (A) shall--
``(i) continue to accrue interest under
paragraph (2) until the loan is fully repaid;
and
``(ii) be scheduled to be amortized over
the remaining term of the loan.
``(4) Prepayments.--
``(A) Use of excess revenues.--Any excess revenues
that remain after satisfying scheduled debt service
requirements on the project obligations and direct loan
and all deposit requirements under the terms of any
trust agreement, bond resolution, or similar agreement
securing project obligations may be applied annually to
prepay the direct loan without penalty.
``(B) Use of proceeds of refinancing.--The direct
loan may be prepaid at any time without penalty from
the proceeds of refinancing from non-Federal funding
sources.''.
(c) Sale of Direct Loans.--Section 502 (45 U.S.C. 822) is amended
by adding at the end the following:
``(k) Sale of Direct Loans.--
``(1) In general.--Subject to paragraph (2) and as soon as
practicable after substantial completion of a project, the
Secretary, after notifying the obligor, may sell to another
entity or reoffer into the capital markets a direct loan for
the project if the Secretary determines that the sale or
reoffering has a high probability of being made on favorable
terms.
``(2) Consent of obligor.--In making a sale or reoffering
under paragraph (1), the Secretary may not change the original
terms and conditions of the secured loan without the prior
written consent of the obligor''.
(d) Nonsubordination.--Section 502 (45 U.S.C. 822), as amended in
subsection (c), is further amended by adding at the end the following:
``(l) Nonsubordination.--
``(1) In general.--Except as provided in paragraph (2)(B),
a direct loan shall not be subordinated to the claims of any
holder of project obligations in the event of bankruptcy,
insolvency, or liquidation of the obligor.
``(2) Preexisting indentures.--
``(A) In general.--The Secretary may waive the
requirement under paragraph (1) for a public agency
borrower that is financing ongoing capital programs and
has outstanding senior bonds under a preexisting
indenture if--
``(i) the direct loan is rated in the A
category or higher;
``(ii) the direct loan is secured and
payable from pledged revenues not affected by
project performance, such as a tax-based
revenue pledge or a system-backed pledge of
project revenues; and
``(iii) the program share, under this
title, of eligible project costs is 50 percent
or less.
``(B) Limitation.--The Secretary may impose
limitations for the waiver of the nonsubordination
requirement under this paragraph if the Secretary
determines that such limitations would be in the
financial interest of the Federal Government.''.
SEC. 35607. CREDIT RISK PREMIUMS.
Section 502(f) (45 U.S.C. 822(f)) is amended--
(1) in paragraph (1), by amending the first sentence to
read as follows: ``In lieu of or in combination with
appropriations of budget authority to cover the costs of direct
loans and loan guarantees as required under section 504(b)(1)
of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)(1)),
including the cost of a modification thereof, the Secretary may
accept on behalf of an applicant for assistance under this
section a commitment from a non-Federal source, including a
State or local government or agency or public benefit
corporation or public authority thereof, to fund in whole or in
part credit risk premiums and modification costs with respect
to the loan that is the subject of the application or
modification.'';
(2) in paragraph (2)--
(A) in subparagraph (D), by adding ``and'' after
the semicolon;
(B) by striking subparagraph (E); and
(C) by redesignating subparagraph (F) as
subparagraph (E);
(3) by striking paragraph (4);
(4) by redesignating paragraph (3) as paragraph (4);
(5) by inserting after paragraph (2) the following:
``(3) Creditworthiness.--An applicant may propose and the
Secretary may accept as a basis for determining the amount of
the credit risk premium under paragraph (2) any of the
following in addition to the value of any tangible asset:
``(A) The net present value of a future stream of
State or local subsidy income or other dedicated
revenues to secure the direct loan or loan guarantee.
``(B) Adequate coverage requirements to ensure
repayment, on a non-recourse basis, from cash flows
generated by the project or any other dedicated revenue
source, including--
``(i) tolls;
``(ii) user fees; or
``(iii) payments owing to the obligor under
a public-private partnership.
``(C) An investment-grade rating on the direct loan
or loan guarantee, as applicable, except that if the
total amount of the direct loan or loan guarantee is
greater than $75,000,000, the applicant shall have an
investment-grade rating from at least 2 rating agencies
on the direct loan or loan guarantee.''; and
(6) in paragraph (4), as redesignated, by striking
``amounts'' and inserting ``amounts (and in the case of a
modification, before the modification is executed), to the
extent appropriations are not available to the Secretary to
meet the costs of direct loans and loan guarantees, including
costs of modifications thereof''.
SEC. 35608. MASTER CREDIT AGREEMENTS.
Section 502 (45 U.S.C. 822), as amended by subsections (c) and (d)
of section 35606 of this Act, is further amended by adding at the end
the following:
``(m) Master Credit Agreements.--
``(1) In general.--Subject to section 502(d) and paragraph
(2) of this subsection, the Secretary may enter into a master
credit agreement that is contingent on all of the conditions
for the provision of a direct loan or loan guarantee, as
applicable, under this title and other applicable requirements
being satisfied prior to the issuance of the direct loan or
loan guarantee.
``(2) Conditions.--Each master credit agreement shall--
``(A) establish the maximum amount and general
terms and conditions of each applicable direct loan or
loan guarantee;
``(B) identify 1 or more dedicated non-Federal
revenue sources that will secure the repayment of each
applicable direct loan or loan guarantee;
``(C) provide for the obligation of funds for the
direct loans or loan guarantees contingent on and after
all requirements have been met for the projects subject
to the master credit agreement; and
``(D) provide 1 or more dates, as determined by the
Secretary, before which the master credit agreement
results in each of the direct loans or loan guarantees
or in the release of the master credit agreement.''.
SEC. 35609. PRIORITIES AND CONDITIONS.
(a) Priority Projects.--Section 502(c) (45 U.S.C. 822(c)) is
amended--
(1) in paragraph (1), by inserting ``, including projects
for the installation of a positive train control system (as
defined in section 20157(i) of title 49, United States Code)''
after ``public safety'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (2), respectively;
(3) in paragraph (5), by inserting ``or chapter 227 of
title 49'' after ``section 135 of title 23'';
(4) by redesignating paragraphs (6) through (8) as
paragraphs (7) through (9), respectively; and
(5) by inserting after paragraph (5) the following:
``(6) improve railroad stations and passenger facilities
and increase transit-oriented development;''.
(b) Conditions of Assistance.--Section 502(h) (45 U.S.C. 822(h)) is
amended in paragraph (2), by inserting ``, if applicable'' after
``project''.
SEC. 35610. SAVINGS PROVISION.
(a) In General.--Except as provided in subsection (b), this
subtitle, and the amendments made by this subtitle, shall not affect
any direct loan (or direct loan obligation) or an outstanding loan
guarantee (or loan guarantee commitment) that was in effect prior to
the date of enactment of this Act. Any such transaction entered into
before the date of enactment of this Act shall be administered until
completion under its terms as if this Act were not enacted.
(b) Modification Costs.--At the discretion of the Secretary, the
authority to accept modification costs on behalf of an applicant under
section 502(f) of the Railroad Revitalization and Regulatory Reform Act
of 1976 (45 U.S.C. 822(f)), as amended by section 35607 of this Act,
may apply with respect to any direct loan (or direct loan obligation)
or an outstanding loan guarantee (or loan guarantee commitment) that
was in effect prior to the date of enactment of this Act.
DIVISION D--FREIGHT AND MAJOR PROJECTS
TITLE XLI--FREIGHT POLICY
SEC. 41001. ESTABLISHMENT OF FREIGHT CHAPTER.
(a) Freight.--Subtitle III of title 49, United States Code, is
amended by inserting after chapter 53 the following:
``CHAPTER 54--FREIGHT
``5401. Definitions.
``5402. National multimodal freight policy.
``5403. National multimodal freight network.
``5404. National freight strategic plan.
``5405. State freight advisory committees.
``5406. State freight plans.
``5407. Transportation investment planning and data tools.
``5408. Savings provision.
``5409. Assistance for freight projects.
``Sec. 5401. Definitions
``In this chapter:
``(1) Economic competitiveness.--The term `economic
competitiveness' means the ability of the economy to
efficiently move freight and people, produce goods, and deliver
services, including--
``(A) reductions in the travel time of freight;
``(B) reductions in the congestion caused by the
movement of freight;
``(C) improvements to freight travel time
reliability; and
``(D) reductions in freight transportation costs
due to congestion and insufficient infrastructure.
``(2) Freight.--The term `freight' means the commercial
transportation of cargo, including agricultural, manufactured,
retail, or other goods by vessel, vehicle, pipeline, or rail.
``(3) Freight transportation modes.--The term `freight
transportation modes' means--
``(A) the infrastructure supporting any mode of
transportation that moves freight, including highways,
ports, waterways, rail facilities, and pipelines; and
``(B) any vehicles or equipment transporting goods
on such infrastructure.
``(4) National highway freight network.--The term `national
highway freight network' means the network established under
section 167 of title 23.
``(5) National multimodal freight network.--The term
`national multimodal freight network' means the network
established under section 5403.
``(6) National multimodal freight strategic plan.--The term
`national multimodal freight strategic plan' means the
strategic plan developed under section 5404.
``(7) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(8) State.--The term `State' means a State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, Guam,
American Samoa, and the United States Virgin Islands.''.
(b) Technical and Conforming Amendment.--The table of chapters for
subtitle III of title 49, United States Code, is amended by inserting
after the item relating to chapter 53 the following:
``54. Freight............................................... 5401''.
SEC. 41002. NATIONAL MULTIMODAL FREIGHT POLICY.
Chapter 54 of subtitle III of title 49, United States Code, as
added by section 41001, is amended by adding after section 5401 the
following:
``Sec. 5402. National multimodal freight policy
``(a) Policy.--It is the policy of the United States--
``(1) to support investment to maintain and improve the
condition and performance of the national multimodal freight
network;
``(2) to ensure that the United States maximizes its
competitiveness in the global economy by increasing the overall
productivity and connectivity of the national freight system;
and
``(3) to pursue the goals described in subsection (b).
``(b) Goals.--The national multimodal freight policy has the
following goals:
``(1) To enhance the economic competitiveness of the United
States by investing in infrastructure improvements and
implementing operational improvements on the freight network of
the United States that achieve 1 or more of the following:
``(A) Strengthen the contribution of the national
freight network to the economic competitiveness of the
United States.
``(B) Reduce congestion and relieve bottlenecks in
the freight transportation system.
``(C) Reduce the cost of freight transportation.
``(D) Improve the reliability of freight
transportation.
``(E) Increase productivity, particularly for
domestic industries and businesses that create jobs.
``(2) To improve the safety, security, efficiency, and
resiliency of freight transportation in rural and urban areas.
``(3) To improve the condition of the national freight
network.
``(4) To use advanced technology to improve the safety and
efficiency of the national freight network.
``(5) To incorporate concepts of performance, innovation,
competition, and accountability into the operation and
maintenance of the national freight network.
``(6) To improve the efficiency and productivity of the
national freight network.
``(7) To pursue these goals in a manner that is not
burdensome to State and local governments.
``(c) Strategies.--The United States may achieve the goals
described in subsection (b) by--
``(1) providing funding to maintain and improve freight
infrastructure facilities;
``(2) implementing appropriate safety, environmental,
energy and other transportation policies;
``(3) utilizing advanced technology and innovation;
``(4) promoting workforce development; and
``(5) using performance management activities.
``(d) Implementation.--The Under Secretary for Policy, who shall be
responsible for the oversight and implementation of the national
multimodal freight policy, shall--
``(1) assist with the coordination of modal freight
planning;
``(2) ensure consistent, expedited review of multimodal
freight projects;
``(3) review the project planning and approval processes at
each modal administration to identify modeling and metric
inconsistencies, approvals, and terminology differences that
could hamper multimodal project approval;
``(4) identify interagency data sharing opportunities to
promote freight planning and coordination;
``(5) identify multimodal efforts and connections;
``(6) designate the lead agency for multimodal freight
projects;
``(7) develop recommendations for State incentives for
multimodal planning efforts, which may include--
``(A) reducing the State cost share; or
``(B) expediting the review of agreements for
multimodal or freight specific projects;
``(8) explore opportunities within existing legal
authorities to reduce project delays by issuing categorical
exclusions or allowing self-certifications of right-of-way
acquisitions for freight projects; and
``(9) submit a report to the Committee on Commerce,
Science, and Transportation and the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that identifies required reports, statutory
requirements, and other limitations on efficient freight
project delivery that could be streamlined or consolidated.''.
SEC. 41003. NATIONAL MULTIMODAL FREIGHT NETWORK.
Chapter 54 of subtitle III of title 49, United States Code, as
amended by section 41002, is amended by adding after section 5402 the
following:
``Sec. 5403. National multimodal freight network
``(a) In General.--The Secretary shall establish a national freight
network, in accordance with this section--
``(1) to assist States in strategically directing resources
toward improved system performance for the efficient movement
of freight on transportation networks;
``(2) to inform freight transportation planning;
``(3) to assist in the prioritization of Federal
investment; and
``(4) to assess and support Federal investments to achieve
the national multimodal freight policy goals described in
section 5402(b) of this title and in section 150(b) of title
23.
``(b) Network Components.--The national multimodal freight network
established under this section shall consist of all connectors,
corridors, and facilities in all freight transportation modes that are
the most critical to the current and future movement of freight,
including the national highway freight network, to achieve the national
multimodal freight policy goals described in section 5402(b) of this
title and in section 150(b) of title 23.
``(c) Initial Designation of Primary Freight System.--
``(1) In general.--Not later than 1 year after the date of
enactment of the DRIVE Act, the Secretary, after soliciting
input from stakeholders, including multimodal freight system
users, transport providers, metropolitan planning
organizations, local governments, ports, airports, railroads,
and States, through a public process to identify critical
freight facilities and corridors that are vital to achieve the
national multimodal freight policy goals described in section
5402(b) of this title and in section 150(b) of title 23, and
after providing notice and opportunity for comment on a draft
system, shall designate a primary freight system with the goal
of--
``(A) improving network and intermodal
connectivity; and
``(B) using measurable data as part of the
assessment of the significance of freight movement,
including the consideration of points of origin,
destination, and linking components of domestic and
international supply chains.
``(2) Factors.--In designating or redesignating a primary
freight system, the Secretary shall consider--
``(A) origins and destinations of freight movement
within, to, and from the United States;
``(B) volume, value, tonnage, and the strategic
importance of freight;
``(C) access to border crossings, airports,
seaports, and pipelines;
``(D) economic factors, including balance of trade;
``(E) access to major areas for manufacturing,
agriculture, or natural resources;
``(F) access to energy exploration, development,
installation, and production areas;
``(G) intermodal links and intersections that
promote connectivity;
``(H) freight choke points and other impediments
contributing to significant measurable congestion,
delay in freight movement, or inefficient modal
connections;
``(I) impacts on all freight transportation modes
and modes that share significant freight
infrastructure;
``(J) elements and transportation corridors
identified by a multi-State coalition, a State, a State
advisory committee, or a metropolitan planning
organization, using national or local data, as having
critical freight importance to the region;
``(K) intermodal connectors, major distribution
centers, inland intermodal facilities, and first- and
last-mile facilities;
``(L) the annual average daily truck traffic on
principal arterials; and
``(M) the significance of goods movement, including
consideration of global and domestic supply chains.
``(3) Requirements for designation.--A designation may be
made under this subsection if the freight transportation
facility or infrastructure being considered--
``(A) is in an urbanized area, regardless of
population;
``(B) has been designated under subsection (d) as a
critical rural freight corridor;
``(C) connects an intermodal facility to--
``(i) the primary freight network; or
``(ii) an intermodal freight facility;
``(D)(i) is located within a corridor of a route on
the primary freight network; and
``(ii) provides an alternative option important to
goods movement;
``(E) serves a major freight generator, logistic
center, agricultural region, or manufacturing,
warehouse, or industrial land; or
``(F) is important to the movement of freight
within a State or metropolitan region, as determined by
the State or the metropolitan planning organization.
``(4) Considerations.--In designating or redesignating the
primary freight system under subsection (e), the Secretary
shall--
``(A) use, to the extent practicable, measurable
data to assess the significance of goods movement,
including the consideration of points of origin,
destination, and linking components of the United
States global and domestic supply chains;
``(B) consider--
``(i) the factors described in subsection
(c)(2); and
``(ii) any changes in the economy or
freight transportation network demand; and
``(C) provide the States with an opportunity to
submit proposed designations in accordance with
paragraph (5).
``(5) State input.--
``(A) In general.--Each State that proposes
increased designations on the primary freight system
shall--
``(i) consider nominations for additional
designations from metropolitan planning
organizations and State freight advisory
committees within the State;
``(ii) consider nominations for the
additional designations from owners and
operators of port, rail, pipeline, and airport
facilities; and
``(iii) ensure that additional designations
are consistent with the State Transportation
Improvement Program or freight plan.
``(B) Revisions.--States may revise routes
certified under section 4006 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-
240; 105 Stat. 2148) to conform with the designated
freight system under this section.
``(C) Submission and certification.--Each State
shall submit to the Secretary--
``(i) a list of the additional designations
added under this subsection; and
``(ii) certification that--
``(I) the State has satisfied the
requirements under subparagraph (A);
and
``(II) the designations referred to
in clause (i) address the factors for
redesignation described in subsection
(c)(3).
``(d) Critical Rural Freight Corridors.--A State may designate
freight transportation infrastructure or facilities within the borders
of the State as a critical rural freight corridor if the public road or
facility--
``(1) is a rural principal arterial roadway or facility;
``(2) provides access or service to energy exploration,
development, installation, or production areas;
``(3) provides access or service to--
``(A) a grain elevator;
``(B) an agricultural facility;
``(C) a mining facility;
``(D) a forestry facility; or
``(E) an intermodal facility;
``(4) connects to an international port of entry;
``(5) provides access to significant air, rail, water, or
other freight facilities in the State; or
``(6) has been determined by the State to be vital to
improving the efficient movement of freight of importance to
the economy of the State.
``(e) Redesignation of Primary Freight System.--Beginning on the
date that is 5 years after the initial designation under subsection
(c), and every 5 years thereafter, the Secretary, using the designation
factors described in subsection (c)(3), shall redesignate the primary
freight system.''.
TITLE XLII--PLANNING
SEC. 42001. NATIONAL FREIGHT STRATEGIC PLAN.
Chapter 54 of subtitle III of title 49, United States Code (as
amended by title XLI), is amended by adding at the end the following:
``Sec. 5404. National freight strategic plan
``(a) Initial Development of National Freight Strategic Plan.--Not
later than 3 years after the date of enactment of the DRIVE Act, the
Secretary, in consultation with State departments of transportation,
metropolitan planning organizations, and other appropriate public and
private transportation stakeholders, shall develop, after providing
opportunity for notice and comment on a draft national freight
strategic plan, and post on the public website of the Department of
Transportation a national freight strategic plan that includes--
``(1) an assessment of the condition and performance of the
national multimodal freight network;
``(2) 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;
``(3) a forecast of freight volumes, based on the most
recent data available, for--
``(A) the 5-year period beginning in the year
during which the plan is issued; and
``(B) if practicable, for the 10- and 20-year
period beginning in the year during which the plan is
issued;
``(4) an identification of major trade gateways and
national freight corridors that connect major economic
corridors, population centers, trade gateways, and other major
freight generators for current and forecasted traffic and
freight volumes, the identification of which shall be revised,
as appropriate, in subsequent plans;
``(5) an assessment of statutory, regulatory,
technological, institutional, financial, and other barriers to
improved freight transportation performance (including
opportunities for overcoming the barriers);
``(6) an identification of routes providing access to
energy exploration, development, installation, or production
areas;
``(7) routes for providing access to major areas for
manufacturing, agriculture, or natural resources;
``(8) best practices for improving the performance of the
national freight network;
``(9) best practices to mitigate the impacts of freight
movement on communities;
``(10) a process for addressing multistate projects and
encouraging jurisdictions to collaborate on multistate
projects;
``(11) identification of locations or areas with congestion
involving freight traffic, and strategies to address those
issues;
``(12) strategies to improve freight intermodal
connectivity; and
``(13) best practices for improving the performance of the
national multimodal freight network and rural and urban access
to critical freight corridors.
``(b) Updates to National Freight Strategic Plan.--Not later than 5
years after the date of completion of the first national multimodal
freight strategic plan under subsection (a) and every 5 years
thereafter, the Secretary shall update and repost on the public website
of the Department of Transportation a revised national freight
strategic plan.''.
SEC. 42002. STATE FREIGHT ADVISORY COMMITTEES.
Chapter 54 of subtitle III of title 49, United States Code (as
amended by section 42001), is amended by adding at the end the
following:
``Sec. 5405. State freight advisory committees
``(a) In General.--Each State shall establish a freight advisory
committee consisting of a representative cross-section of public and
private sector freight stakeholders, including representatives of
ports, third party logistics providers, shippers, carriers, freight-
related associations, the freight industry workforce, the
transportation department of the State, and local governments.
``(b) Role of Committee.--A freight advisory committee of a State
described in subsection (a) shall--
``(1) advise the State on freight-related priorities,
issues, projects, and funding needs;
``(2) serve as a forum for discussion for State
transportation decisions affecting freight mobility;
``(3) communicate and coordinate regional priorities with
other organizations;
``(4) promote the sharing of information between the
private and public sectors on freight issues; and
``(5) participate in the development of the freight plan of
the State described in section 5406.''.
SEC. 42003. STATE FREIGHT PLANS.
Chapter 54 of subtitle III of title 49, United States Code (as
amended by section 42002), is amended by adding at the end the
following:
``Sec. 5406. 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) when applicable, a listing of critical rural and
urban freight corridors designated within the State under
section 5403 of this title or section 167 of title 23;
``(4) a description of how the plan will improve the
ability of the State to meet the national freight goals
established under section 5402(b) of this title and section
150(b) of title 23;
``(5) a description of how innovative technologies and
operational strategies, including freight intelligent
transportation systems, that improve the safety and efficiency
of freight movement, were considered;
``(6) in the case of roadways 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;
``(7) an inventory of facilities with freight mobility
issues, such as bottlenecks, within the State, and where the
facilities are State owned or operated, a description of the
strategies the State is employing to address those freight
mobility issues;
``(8) consideration of any significant congestion or delay
caused by freight movements and any strategies to mitigate that
congestion or delay; and
``(9) a freight investment plan that, subject to subsection
(c)(2), includes a list of priority projects and describes how
funds made available to carry out section 167 of title 23 would
be invested and matched.
``(c) Relationship to Long-range Plan.--
``(1) Incorporation.--A State freight plan described in
subsection (a) may be developed separately from or incorporated
into the statewide strategic long-range transportation plan
required by section 135 of title 23.
``(2) Fiscal constraint.--The freight investment plan
component of a freight plan shall include a project, or an
identified phase of a project, only if funding for completion
of the project can reasonably be anticipated to be available
for the project within the time period identified in the
freight investment plan.
``(d) Planning Period.--The freight plan shall address a 5-year
forecast period.
``(e) Updates.--
``(1) In general.--A State shall update the freight plan
not less frequently than once every 5 years.
``(2) Freight investment plan.--A State may update the
freight investment plan more frequently than is required under
paragraph (1).''.
SEC. 42004. FREIGHT DATA AND TOOLS.
Chapter 54 of subtitle III of title 49, United States Code (as
amended by section 42003), is amended by adding at the end the
following:
``Sec. 5407. Transportation investment data and planning tools
``(a) In General.--Not later than 1 year after the date of
enactment of the DRIVE Act, the Secretary shall--
``(1) begin development of new tools and improvement of
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 on a national or regional basis;
``(B) tools for ensuring that the evaluation of
freight-related and other transportation projects could
consider safety, economic competitiveness, urban and
rural access, environmental sustainability, and system
condition in the project selection process;
``(C) improved methods for data collection and
trend analysis;
``(D) encouragement of public-private partnerships
to carry out data sharing activities while maintaining
the confidentiality of all proprietary data; and
``(E) other tools to assist in effective
transportation planning;
``(2) identify transportation-related 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 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).''.
SEC. 42005. SAVINGS PROVISION.
Chapter 54 of subtitle III of title 49, United States Code (as
amended by section 42004), is amended by adding at the end the
following:
``Sec. 5408. Savings provision
``Nothing in this chapter provides additional authority to regulate
or direct private activity on freight networks designated by this
chapter.''.
TITLE XLIII--FORMULA FREIGHT PROGRAM
SEC. 43001. NATIONAL HIGHWAY FREIGHT PROGRAM.
(a) In General.--Section 167 of title 23, United States Code, is
amended to read as follows:
``Sec. 167. National highway freight program
``(a) Establishment.--
``(1) In general.--It is the policy of the United States to
improve the condition and performance of the national highway
freight network to ensure that the national freight network
provides the foundation for the United States to compete in the
global economy and achieve each goal described in subsection
(b).
``(2) Establishment.--In support of the goals described in
subsection (b), the Federal Highway Administrator (referred to
in this section as the `Administrator') shall establish a
national highway freight program in accordance with this
section to improve the efficient movement of freight on the
national highway freight network.
``(b) Goals.--The goals of the national highway freight program
are--
``(1) to invest in infrastructure improvements and to
implement operational improvements on the highways of the
United States that--
``(A) strengthen the contribution of the national
highway freight network to the economic competitiveness
of the United States;
``(B) reduce congestion and relieve bottlenecks in
the freight transportation system;
``(C) reduce the cost of freight transportation;
``(D) improve the reliability of freight
transportation; and
``(E) increase productivity, particularly for
domestic industries and businesses that create high-
value jobs;
``(2) to improve the safety, security, efficiency, and
resiliency of freight transportation in rural and urban areas;
``(3) to improve the state of good repair of the national
highway freight network;
``(4) to use advanced technology to improve the safety and
efficiency of the national highway freight network;
``(5) to incorporate concepts of performance, innovation,
competition, and accountability into the operation and
maintenance of the national highway freight network;
``(6) to improve the efficiency and productivity of the
national highway freight network; and
``(7) to reduce the environmental impacts of freight
movement.
``(c) Establishment of a National Highway Freight Network.--
``(1) In general.--The Administrator shall establish a
national highway freight network in accordance with this
section to assist States in strategically directing resources
toward improved system performance for efficient movement of
freight on highways.
``(2) Network components.--The national highway freight
network shall consist of--
``(A) the primary highway freight system, as
designated under subsection (d);
``(B) critical rural freight corridors established
under subsection (e);
``(C) critical urban freight corridors established
under subsection (f); and
``(D) the portions of the Interstate System not
designated as part of the primary highway freight
system, including designated future Interstate System
routes as of the date of enactment of the DRIVE Act.
``(d) Designation and Redesignation of the Primary Highway Freight
System.--
``(1) Initial designation of primary highway freight
system.--The initial designation of the primary highway freight
system shall be--
``(A) the network designated by the Secretary under
section 167(d) of title 23, United States Code, as in
effect on the day before the date of enactment of the
DRIVE Act; and
``(B) all National Highway System freight
intermodal connectors.
``(2) Redesignation of primary highway freight system.--
``(A) In general.--Beginning on the date that is 1
year after the date of enactment of the DRIVE Act and
every 5 years thereafter, using the designation factors
described in subparagraph (E), the Administrator shall
redesignate the primary highway freight system
(including any additional mileage added to the primary
highway freight system under this paragraph as of the
date on which the redesignation process is effective).
``(B) Mileage.--
``(i) First redesignation.--In
redesignating the primary highway freight
system on the date that is 1 year after the
date of enactment of the DRIVE Act, the
Administrator shall limit the system to 30,000
centerline miles, without regard to the
connectivity of the primary highway freight
system.
``(ii) Subsequent redesignations.--Each
redesignation after the redesignation described
in clause (i), the Administrator may increase
the primary highway freight system by up to 5
percent of the total mileage of the system,
without regard to the connectivity of the
primary highway freight system.
``(C) Considerations.--
``(i) In general.--In redesignating the
primary highway freight system, to the maximum
extent practicable, the Administrator shall use
measurable data to assess the significance of
goods movement, including consideration of
points of origin, destination, and linking
components of the United States global and
domestic supply chains.
``(ii) Intermodal connectors.--In
redesignating the primary highway freight
system, the Administrator shall include all
National Highway System freight intermodal
connectors.
``(D) Input.--In addition to the process provided
to State freight advisory committees under paragraph
(3), in redesignating the primary highway freight
system, the Administrator shall provide an opportunity
for State freight advisory committees to submit
additional miles for consideration.
``(E) Factors for redesignation.--In redesignating
the primary highway freight system, the Administrator
shall consider--
``(i) the origins and destinations of
freight movement in, to, and from the United
States;
``(ii) land and water ports of entry;
``(iii) access to energy exploration,
development, installation, or production areas;
``(iv) proximity of access to other freight
intermodal facilities, including rail, air,
water, and pipelines;
``(v) the total freight tonnage and value
moved via highways;
``(vi) significant freight bottlenecks, as
identified by the Administrator;
``(vii) the annual average daily truck
traffic on principal arterials; and
``(viii) the significance of goods movement
on principal arterials, including consideration
of global and domestic supply chains.
``(3) State flexibility for additional miles on primary
highway freight system.--
``(A) In general.--Not later than 1 year after each
redesignation conducted by the Administrator under
paragraph (2), each State, under the advisement of the
State freight advisory committee, as developed and
carried out in accordance with subsection (l), may
increase the number of miles designated as part of the
primary highway freight system in that State by not
more than 10 percent of the miles designated in that
State under this subsection if the additional miles--
``(i) close gaps between primary highway
freight system segments;
``(ii) establish connections of the primary
highway freight system critical to the
efficient movement of goods, including ports,
international border crossings, airports,
intermodal facilities, logistics centers,
warehouses, and agricultural facilities; or
``(iii) designate critical emerging freight
routes.
``(B) Considerations.--Each State, under the
advisement of the State freight advisory committee that
increases the number of miles on the primary highway
freight system under subparagraph (A) shall--
``(i) consider nominations for the
additional miles from metropolitan planning
organizations within the State;
``(ii) ensure that the additional miles are
consistent with the freight plan of the State;
and
``(iii) review the primary highway freight
system of the State designated under paragraph
(1) and redesignate miles in a manner that is
consistent with paragraph (2).
``(C) Submission.--Each State, under the advisement
of the State freight advisory committee shall--
``(i) submit to the Administrator a list of
the additional miles added under this
subsection; and
``(ii) certify that--
``(I) the additional miles meet the
requirements of subparagraph (A); and
``(II) the State, under the
advisement of the State freight
advisory committee, has satisfied the
requirements of subparagraph (B).
``(e) Critical Rural Freight Corridors.--A State may designate a
public road within the borders of the State as a critical rural freight
corridor if the public road--
``(1) is a rural principal arterial roadway and has a
minimum of 25 percent of the annual average daily traffic of
the road measured in passenger vehicle equivalent units from
trucks (Federal Highway Administration vehicle class 8 to 13);
``(2) provides access to energy exploration, development,
installation, or production areas;
``(3) connects the primary highway freight system, a
roadway described in paragraph (1) or (2), or the Interstate
System to facilities that handle more than--
``(A) 50,000 20-foot equivalent units per year; or
``(B) 500,000 tons per year of bulk commodities;
``(4) provides access to--
``(A) a grain elevator;
``(B) an agricultural facility;
``(C) a mining facility;
``(D) a forestry facility; or
``(E) an intermodal facility;
``(5) connects to an international port of entry;
``(6) provides access to significant air, rail, water, or
other freight facilities in the State; or
``(7) is, in the determination of the State, vital to
improving the efficient movement of freight of importance to
the economy of the State.
``(f) Critical Urban Freight Corridors.--
``(1) Urbanized area with population of 500,000 or more.--
In an urbanized area with a population of 500,000 or more
individuals, the representative metropolitan planning
organization, in consultation with the State, may designate a
public road within the borders of that area of the State as a
critical urban freight corridor.
``(2) Urbanized area with a population less than 500,000.--
In an urbanized area with a population of less than 500,000
individuals, the State, in consultation with the representative
metropolitan planning organization, may designate a public road
within the borders of that area of the State as a critical
urban freight corridor.
``(3) Requirements for designation.--A designation may be
made under paragraphs (1) or (2) if the public road--
``(A) is in an urbanized area, regardless of
population; and
``(B)(i) connects an intermodal facility to--
``(I) the primary highway freight network;
``(II) the Interstate System; or
``(III) an intermodal freight facility;
``(ii) is located within a corridor of a route on
the primary highway freight network and provides an
alternative highway option important to goods movement;
``(iii) serves a major freight generator, logistic
center, or manufacturing and warehouse industrial land;
or
``(iv) is important to the movement of freight
within the region, as determined by the metropolitan
planning organization or the State.
``(g) Designation and Certification.--
``(1) Designation.--States and metropolitan planning
organizations may designate corridors under subsections (e) and
(f) and submit the designated corridors to the Administrator on
a rolling basis.
``(2) Certification.--Each State or metropolitan planning
organization that designates a corridor under subsection (e) or
(f) shall certify to the Administrator that the designated
corridor meets the requirements of the applicable subsection.
``(h) Highway Freight Transportation Conditions and Performance
Reports.--Not later than 2 years after the date of enactment of the
DRIVE Act and biennially thereafter, the Administrator shall prepare
and submit to Congress a report that describes the conditions and
performance of the national highway freight network in the United
States.
``(i) Use of Apportioned Funds.--
``(1) In general.--A State shall obligate funds apportioned
to the State under section 104(b)(5) to improve the movement of
freight on the national highway freight network.
``(2) Formula.--The Administrator shall calculate for each
State the proportion that--
``(A) the total mileage in the State designated as
part of the primary highway freight system; bears to
``(B) the total mileage of the primary highway
freight system in all States.
``(3) Use of funds.--
``(A) States with high primary highway freight
system mileage.--If the proportion of a State under
paragraph (2) is greater than or equal to 3 percent,
the State may obligate funds apportioned to the State
under section 104(b)(5) for projects on--
``(i) the primary highway freight system;
``(ii) critical rural freight corridors;
and
``(iii) critical urban freight corridors.
``(B) States with low primary highway freight
system mileage.--If the proportion of a State under
paragraph (2) is less than 3 percent, the State may
obligate funds apportioned to the State under section
104(b)(5) for projects on any component of the national
highway freight network.
``(4) Freight planning.--Notwithstanding any other
provision of law, effective beginning 2 years after the date of
enactment of the DRIVE Act, a State may not obligate funds
apportioned to the State under section 104(b)(5) unless the
State has--
``(A) established a freight advisory committee in
accordance with section 5405 of title 49; and
``(B) developed a freight plan in accordance with
section 5406 of title 49, except that the multimodal
component of the plan may be incomplete before an
obligation may be made under this section.
``(5) Eligibility.--
``(A) In general.--Except as provided in this
subsection, for a project to be eligible for funding
under this section the project shall--
``(i) contribute to the efficient movement
of freight on the national highway freight
network; and
``(ii) be consistent with a freight
investment plan included in a freight plan of
the State that is in effect.
``(B) Other projects.--A State may obligate not
more than 10 percent of the total apportionment of the
State under section 104(b)(5) for projects--
``(i) within the boundaries of public and
private freight rail, water facilities
(including ports), and intermodal facilities;
and
``(ii) that provide surface transportation
infrastructure necessary to facilitate direct
intermodal interchange, transfer, and access
into and out of the facility.
``(C) Eligible projects.--Funds apportioned to the
State under section 104(b)(5) for the national highway
freight program may be obligated to carry out 1 or more
of the following:
``(i) Development phase activities,
including planning, feasibility analysis,
revenue forecasting, environmental review,
preliminary engineering and design work, and
other preconstruction activities.
``(ii) Construction, reconstruction,
rehabilitation, acquisition of real property
(including land relating to the project and
improvements to land), construction
contingencies, acquisition of equipment, and
operational improvements directly relating to
improving system performance.
``(iii) Intelligent transportation systems
and other technology to improve the flow of
freight, including intelligent freight
transportation systems.
``(iv) Efforts to reduce the environmental
impacts of freight movement.
``(v) Environmental and community
mitigation of freight movement.
``(vi) Railway-highway grade separation.
``(vii) Geometric improvements to
interchanges and ramps.
``(viii) Truck-only lanes.
``(ix) Climbing and runaway truck lanes.
``(x) Adding or widening of shoulders.
``(xi) Truck parking facilities eligible
for funding under section 1401 of MAP-21 (23
U.S.C. 137 note; Public Law 112-141).
``(xii) Real-time traffic, truck parking,
roadway condition, and multimodal
transportation information systems.
``(xiii) Electronic screening and
credentialing systems for vehicles, including
weigh-in-motion truck inspection technologies.
``(xiv) Traffic signal optimization,
including synchronized and adaptive signals.
``(xv) Work zone management and information
systems.
``(xvi) Highway ramp metering.
``(xvii) Electronic cargo and border
security technologies that improve truck
freight movement.
``(xviii) Intelligent transportation
systems that would increase truck freight
efficiencies inside the boundaries of
intermodal facilities.
``(xix) Additional road capacity to address
highway freight bottlenecks.
``(xx) A highway project, other than a
project described in clauses (i) through (xix),
to improve the flow of freight on the national
highway freight network.
``(xxi) Any other surface transportation
project to improve the flow of freight into and
out of a facility described in subparagraph
(B).
``(6) Other eligible costs.--In addition to the eligible
projects identified in paragraph (5), a State may use funds
apportioned under section 104(b)(5) for--
``(A) carrying out diesel retrofit or alternative
fuel projects under section 149 for class 8 vehicles;
and
``(B) the necessary costs of--
``(i) conducting analyses and data
collection related to the national highway
freight program;
``(ii) developing and updating performance
targets to carry out this section; and
``(iii) reporting to the Administrator to
comply with section 150.
``(7) Applicability of planning requirements.--Programming
and expenditure of funds for projects under this section shall
be consistent with the requirements of sections 134 and 135.
``(j) State Performance Targets.--If the Administrator determines
that a State has not met or made significant progress toward meeting
the performance targets related to freight movement of the State
established under section 150(d) by the date that is 2 years after the
date of the establishment of the performance targets, until the date on
which the Administrator determines that the State has met or has made
significant progress towards meeting the performance targets, the State
shall submit to the Administrator, on a biennial basis, a freight
performance improvement plan that includes--
``(1) an identification of significant freight system
trends, needs, and issues within the State;
``(2) a description of the freight policies and strategies
that will guide the freight-related transportation investments
of the State;
``(3) an inventory of freight bottlenecks within the State
and a description of the ways in which the State is allocating
the national highway freight program funds to improve those
bottlenecks; and
``(4) a description of the actions the State will undertake
to meet the performance targets of the State.
``(k) Study of Multimodal Projects.--Not later than 2 years after
the date of enactment of the DRIVE Act, the Administrator shall submit
to Congress a report that contains--
``(1) a study of freight projects identified in State
freight plans under section 5406 of title 49; and
``(2) an evaluation of multimodal freight projects included
in the State freight plans, or otherwise identified by States,
that are subject to the limitation of funding for such projects
under this section.
``(l) State Freight Advisory Committees.--A State freight advisory
committee shall be carried out as described in section 5405 of title
49.
``(m) State Freight Plans.--A State freight plan shall be carried
out as described in section 5406 of title 49.
``(n) Intelligent Freight Transportation System.--
``(1) Definition of intelligent freight transportation
system.--In this section, the term `intelligent freight
transportation system' means--
``(A) an innovative or intelligent technological
transportation system, infrastructure, or facilities,
including electronic roads, driverless trucks, elevated
freight transportation facilities, and other
intelligent freight transportation systems; and
``(B) a communications or information processing
system used singly or in combination for dedicated
intelligent freight lanes and conveyances that improve
the efficiency, security, or safety of freight on the
Federal-aid highway system or that operate to convey
freight or improve existing freight movements.
``(2) Location.--An intelligent freight transportation
system shall be located--
``(A)(i) along existing Federal-aid highways; or
``(ii) in a manner that connects ports-of-entry to
existing Federal-aid highways; and
``(B) in proximity to, or within, an existing
right-of-way on a Federal-aid highway.
``(3) Operating standards.--The Administrator of the
Federal Highway Administration shall determine the need for
establishing operating standards for intelligent freight
transportation systems.
``(o) 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 were on a Federal-aid highway.''.
(b) Conforming Amendments.--
(1) The analysis for chapter 1 of title 23, United States
Code, is amended by adding at the end the following:
``167. National highway freight program.''
(2) Sections 1116, 1117, and 1118 of MAP-21 (23 U.S.C. 167
note; Public Law 112-141) are repealed.
TITLE XLIV--GRANTS
SEC. 44001. PURPOSE; DEFINITIONS; ADMINISTRATION.
(a) In General.--The purpose of the grants described in the
amendments made by section 44002 is to assist in funding critical high-
cost transportation infrastructure projects that--
(1) are difficult to complete with existing Federal, State,
local, and private funds; and
(2) will achieve 1 or more of--
(A) generation of national or regional economic
benefits and an increase in the global economic
competitiveness of the United States;
(B) reduction of congestion and the impacts of
congestion;
(C) improvement of facilities vital to agriculture,
manufacturing, or national energy security;
(D) improvement of the efficiency, reliability, and
affordability of the movement of freight;
(E) improvement of transportation safety;
(F) improvement of existing and designated future
Interstate System routes; or
(G) improvement of the movement of people through
improving rural connectivity and metropolitan
accessibility.
(b) Definitions.--In this section and for purposes of the grant
programs established under the amendments made by section 44002:
(1) Eligible applicant.--The term ``eligible applicant''
means--
(A) a State (or a group of States);
(B) a local government (or a group of local
governments);
(C) a tribal government (or a consortium of tribal
governments);
(D) a transit agency (or a group of transit
agencies);
(E) a special purpose district or a public
authority with a transportation function;
(F) a port authority (or a group of port
authorities);
(G) a political subdivision of a State or local
government;
(H) a Federal land management agency, jointly with
the applicable State; or
(I) a multistate or multijurisdictional group of
entities described in subparagraphs (A) through (H).
(2) Rural area.--The term ``rural area'' means an area that
is outside of an urbanized area with a population greater than
150,000 individuals, as determined by the Bureau of the Census.
(3) Rural state.--The term ``rural State'' means a State
that has a population density of 80 or fewer persons per square
mile, based on the most recent decennial census.
(c) Applications.--
(1) In general.--An eligible applicant shall submit to the
Secretary or the Federal Highway Administrator (referred to in
this section as the ``Administrator''), as appropriate, an
application in such form and containing such information as the
Secretary or Administrator, as appropriate, determines
necessary, including the total amount of the grant requested.
(2) Contents.--Each application submitted under this
paragraph shall include data on the most recent system
performance, to the extent practicable, and estimated system
improvements that will result from completion of the eligible
project, including projections for improvements 5 and 10 years
after completion of the project.
(3) Resubmission of applications.--An eligible applicant
whose project is not selected may resubmit an application in a
subsequent solicitation with an addendum indicating changes to
the project application.
(d) Accountability Measures.--The Secretary and the Administrator
shall establish accountability measures for the management of the
grants described in this section--
(1) to establish clear procedures for addressing late-
arriving applications;
(2) to publicly communicate decisions to accept or reject
applications; and
(3) to document major decisions in the application
evaluation and project selection process through a decision
memorandum or similar mechanism that provides a clear rationale
for decisions.
(e) Geographic Distribution.--In awarding grants, the Secretary or
Administrator, as appropriate, shall take measures to ensure, to the
maximum extent practicable--
(1) an equitable geographic distribution of amounts; and
(2) an appropriate balance in addressing the needs of rural
and urban communities.
(f) Reports.--
(1) In general.--The Secretary or the Administrator, as
appropriate, shall make available on the website of the
Department at the end of each fiscal year an annual report that
lists each project for which a grant has been provided under
this section during that fiscal year.
(2) Comptroller general.--
(A) Assessment.--The Comptroller General of the
United States shall conduct an assessment of the
administrative establishment, solicitation, selection,
and justification process with respect to the funding
of grants described in this title.
(B) Report.--Not later than 1 year after the
initial awarding of grants described in this section,
the Comptroller General of the United States shall
submit to the Committee on Environment and Public Works
of the Senate, 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 describes--
(i) the adequacy and fairness of the
process by which each project was selected, if
applicable;
(ii) the justification and criteria used
for the selection of each project, if
applicable.
SEC. 44002. GRANTS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 171. Assistance for major projects program
``(a) Purpose of Program.--The purpose of the assistance for major
projects program shall be the purpose described in section 44001 of the
DRIVE Act.
``(b) Definitions.--In this section--
``(1) the terms defined in section 44001 of the DRIVE Act
shall apply; and
``(2) the following definitions shall apply:
``(A) Administrator.--The term `Administrator'
means the Administrator of the Federal Highway
Administration.
``(B) Eligible project.--
``(i) In general.--The term `eligible
project' means a surface transportation
project, or a program of integrated surface
transportation projects closely related in the
function the projects perform, that--
``(I) is a capital project that is
eligible for Federal financial
assistance under--
``(aa) this title; or
``(bb) chapter 53 of title
49; and
``(II) except as provided in clause
(ii), has eligible project costs that
are reasonably anticipated to equal or
exceed the lesser of--
``(aa) $350,000,000; and
``(bb)(AA) for a project
located in a single State, 25
percent of the amount of
Federal-aid highway funds
apportioned to the State for
the most recently completed
fiscal year;
``(BB) for a project
located in a single rural State
with a population density of 80
or fewer persons per square
mile based on the most recent
decennial census, 10 percent of
the amount of Federal-aid
highway funds apportioned to
the State for the most recently
completed fiscal year; or
``(CC) for a project
located in more than 1 State,
75 percent of the amount of
Federal-aid highway funds
apportioned to the
participating State that has
the largest apportionment for
the most recently completed
fiscal year.
``(ii) Federal land transportation
facility.--In the case of a Federal land
transportation facility, the term `eligible
project' means a Federal land transportation
facility that has eligible project costs that
are reasonably anticipated to equal or exceed
$150,000,000.
``(C) Eligible project costs.--The term `eligible
project costs' means the costs of--
``(i) development phase activities,
including planning, feasibility analysis,
revenue forecasting, environmental review,
preliminary engineering and design work, and
other preconstruction activities; and
``(ii) construction, reconstruction,
rehabilitation, and acquisition of real
property (including land related to the project
and improvements to land), environmental
mitigation, construction contingencies,
acquisition of equipment directly related to
improving system performance, and operational
improvements.
``(c) Establishment of Program.--The Administrator shall establish
a program in accordance with this section to provide grants for
projects that will have a significant impact on a region or the Nation.
``(d) Solicitations and Applications.--
``(1) Grant solicitations.--The Administrator shall conduct
a transparent and competitive national solicitation process to
review eligible projects for funding under this section.
``(2) Applications.--An eligible applicant shall submit an
application to the Administrator in such form as described in
and in accordance with section 44001 of the DRIVE Act.
``(e) Criteria for Project Evaluation and Selection.--
``(1) In general.--The Administrator may select a project
for funding under this section only if the Administrator
determines that the project--
``(A) is consistent with the national goals
described in section 150(b);
``(B) will significantly improve the performance of
the national surface transportation network, nationally
or regionally;
``(C) is based on the results of preliminary
engineering;
``(D) is consistent with the long-range statewide
transportation plan;
``(E) cannot be readily and efficiently completed
without Federal financial assistance;
``(F) is justified based on the ability of the
project to achieve 1 or more of--
``(i) generation of national economic
benefits that reasonably exceed the costs of
the project;
``(ii) reduction of long-term congestion,
including impacts on a national, regional, and
statewide basis;
``(iii) an increase in the speed,
reliability, and accessibility of the movement
of people or freight; or
``(iv) improvement of transportation
safety, including reducing transportation
accident and serious injuries and fatalities;
and
``(G) is supported by a sufficient amount of non-
Federal funding, including evidence of stable and
dependable financing to construct, maintain, and
operate the infrastructure facility.
``(2) Additional considerations.--In evaluating a project
under this section, in addition to the criteria described in
paragraph (1), the Administrator shall consider the extent to
which the project--
``(A) leverages Federal investment by encouraging
non-Federal contributions to the project, including
contributions from public-private partnerships;
``(B) is able to begin construction by the date
that is not later than 18 months after the date on
which the project is selected;
``(C) incorporates innovative project delivery and
financing to the maximum extent practicable;
``(D) helps maintain or protect the environment;
``(E) improves roadways vital to national energy
security;
``(F) improves or upgrades designated future
Interstate System routes;
``(G) uses innovative technologies, including
intelligent transportation systems, that enhance the
efficiency of the project;
``(H) helps to improve mobility and accessibility;
and
``(I) address the impact of population growth on
the movement of people and freight.
``(f) Geographic Distribution.--In awarding grants under this
section, the Administrator shall take measures as described in section
44001 of the DRIVE Act.
``(g) Funding Requirements.--
``(1) In general.--Except in the case of projects described
in paragraph (2), the amount of a grant under this section
shall be at least $50,000,000.
``(2) Rural projects.--The amounts made available for a
fiscal year under this section for eligible projects located in
rural areas or in rural States shall not be--
``(A) less than 20 percent of the amount made
available for the fiscal year under this section; and
``(B) subject to paragraph (1).
``(3) Limitation of funds.--Not more than 20 percent of the
funds made available for a fiscal year to carry out this
section shall be allocated for projects eligible under section
167(i)(5)(B) or chapter 53 of title 49.
``(4) State cap.--
``(A) In general.--Not more than 20 percent of the
funds made available for a fiscal year to carry out
this section may be awarded to projects in a single
State.
``(B) Exception for multistate projects.--For
purposes of the limitation described in subparagraph
(A), funds awarded for a multistate project shall be
considered to be distributed evenly to each State.
``(5) TIFIA program.--On the request of an eligible
applicant under this section, the Administrator 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.
``(h) Grant Requirements.--
``(1) Applicability of planning requirements.--The
programming and expenditure of funds for projects under this
section shall be consistent with the requirements of sections
134 and 135.
``(2) Determination of applicable modal requirements.--If
an eligible project that receives a grant under this section
has a crossmodal component, the Administrator--
``(A) shall determine the predominant modal
component of the project; and
``(B) may apply the applicable requirements of that
predominant modal component to the project.
``(i) Report to the Administrator.--For each project funded under
this section, the project sponsor shall evaluate system performance and
submit to the Administrator a report not later than 5, 10, and 20 years
after completion of the project to assess whether the project outcomes
have met preconstruction projections.
``(j) Administrative Selection.--The Administrator shall award
grants to eligible projects in a fiscal year based on the criteria
described in subsection (e).
``(k) Reports.--
``(1) In general.--The Administrator shall provide an
annual report as described in section 44001 of the DRIVE Act.
``(2) Comptroller general.--The Comptroller General of the
United States shall conduct an assessment as described in
section 44001 of the DRIVE Act.''.
(b) Assistance for Freight Projects.--Chapter 54 of subtitle III of
title 49, United States Code, as amended by section 42005, is amended
by adding after section 5408 the following:
``Sec. 5409. Assistance for freight projects
``(a) Establishment.--The Secretary shall establish and implement
an assistance for freight projects grant program for capital
investments in major freight transportation infrastructure projects to
improve the movement of goods through the transportation network of the
United States.
``(b) Criteria for Project Evaluation and Selection.--
``(1) In general.--The Secretary may select a project for
funding under this section only if the Secretary determines
that the project--
``(A) is consistent with the goals described in
section 5402(b);
``(B) will significantly improve the national or
regional performance of the freight transportation
network;
``(C) is based on the results of preliminary
engineering;
``(D) is consistent with the long-range statewide
transportation plan;
``(E) cannot be readily and efficiently completed
without Federal financial assistance;
``(F) is justified based on the ability of the
project--
``(i) to generate national economic
benefits that reasonably exceed the costs of
the project;
``(ii) to reduce long-term congestion,
including impacts on a regional and statewide
basis; or
``(iii) to increase the speed, reliability,
and accessibility of the movement of freight;
and
``(G) is supported by a sufficient amount of non-
Federal funding, including evidence of stable and
dependable financing to construct, maintain, and
operate the infrastructure facility.
``(2) Additional considerations.--In evaluating a project
under this section, in addition to the criteria described in
paragraph (1), the Secretary shall consider the extent to which
the project--
``(A) leverages Federal investment by encouraging
non-Federal contributions to the project, including
contributions from public-private partnerships;
``(B) is able to begin construction by the date
that is not later than 1 year after the date on which
the project is selected;
``(C) incorporates innovative project delivery and
financing to the maximum extent practicable;
``(D) improves freight facilities vital to
agricultural or national energy security;
``(E) improves or upgrades current or designated
future Interstate System routes;
``(F) uses innovative technologies, including
intelligent transportation systems, that enhance the
efficiency of the project;
``(G) helps to improve mobility and accessibility;
and
``(H) improves transportation safety, including
reducing transportation accident and serious injuries
and fatalities.
``(c) Eligible Projects.--
``(1) In general.--A project is eligible for a grant under
this section if the project--
``(A) is difficult to complete with existing
Federal, State, local, and private funds;
``(B)(i) enhances the economic competitiveness of
the United States; or
``(ii) improves the flow of freight or reduces
bottlenecks in the freight infrastructure of the United
States; and
``(C) will advance 1 or more of the following
objectives:
``(i) Generate regional or national
economic benefits and an increase in the global
economic competitiveness of the United States.
``(ii) Improve transportation resources
vital to agriculture or national energy
security.
``(iii) Improve the efficiency,
reliability, and affordability of the movement
of freight.
``(iv) Improve existing freight
infrastructure projects.
``(v) Improve the movement of people by
improving rural and metropolitan freight
routes.
``(2) Examples.--Eligible projects for grant funding under
this section shall include--
``(A) a freight intermodal facility, including--
``(i) an intermodal facility serving a
seaport;
``(ii) an intermodal or cargo access
facility serving an airport;
``(iii) an intermodal facility serving a
port on the inland waterways;
``(iv) a bulk intermodal/transload
facility; or
``(v) a highway/rail intermodal facility;
``(B) a highway or bridge project eligible under
title 23;
``(C) a public transportation project that reduces
congestion on freight corridors and is eligible under
chapter 53;
``(D) a freight rail transportation project
(including rail-grade separations); and
``(E) a port infrastructure investment (including
inland port infrastructure).
``(d) Requirements.--
``(1) Considerations.--In selecting projects to receive
grant funding under this section, the Secretary shall--
``(A) consider--
``(i) projected freight volumes; and
``(ii) how projects will enhance economic
efficiency, productivity, and competitiveness;
``(iii) population growth and the impact on
freight demand; and
``(B) give priority to projects dedicated to--
``(i) improving freight infrastructure
facilities;
``(ii) reducing travel time for freight
projects;
``(iii) reducing freight transportation
costs; and
``(iv) reducing congestion caused by rapid
population growth on freight corridors.
``(2) Multimodal distribution of funds.--In distributing
funding for grants under this section, the Secretary shall take
such measures as the Secretary determines necessary to ensure
the investment in a variety of transportation modes.
``(3) Amount.--
``(A) In general.--Except as provided in
subparagraph (B)(i), a grant under this section shall
be in an amount that is not less than $10,000,000 and
not greater than $100,000,000.
``(B) Projects in rural areas.--If a grant awarded
under this section is for a project located in a rural
area--
``(i) the amount of the grant shall be at
least $1,000,000; and
``(ii) the Secretary may increase the
Federal share of costs to greater than 80
percent.
``(4) Federal share.--Except as provided under paragraph
(3)(B)(ii), the Federal share of the costs for a project
receiving a grant under this section shall be up to 80 percent.
``(5) Priority.--The Secretary shall give priority to
projects that require a contribution of Federal funds in order
to complete an overall financing package.
``(6) Rural areas.--Not less than 25 percent of the funding
provided under this section shall be used to make grants for
projects located in rural areas.
``(7) New competition.--The Secretary shall conduct a new
competition each fiscal year to select the grants and credit
assistance awarded under this section.
``(e) Consultation.--The Secretary shall consult with the Secretary
of Energy when considering projects that facilitate the movement of
energy resources.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
from the general fund of the Treasury, $200,000,000 for each of
fiscal years 2016 through 2021 to carry out this section.
``(2) Administrative and oversight costs.--The Secretary
may retain up to 0.5 percent of the amounts appropriated
pursuant to paragraph (1)--
``(A) to administer the assistance for freight
projects grant program; and
``(B) to oversee eligible projects funded under
this section.
``(3) Administration of funds.--Amounts appropriated
pursuant to this subsection shall be available for obligation
until expended.
``(g) Congressional Notification.--Not later than 72 hours before
public notification of a grant awarded under this section, the
Secretary shall notify the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Environment and Public
Works of the Senate, the Committee on Banking, Housing, and Urban
Affairs of the Senate, the Committee on Appropriations of the Senate,
the Committee on Transportation and Infrastructure of the House of
Representatives, and the Committee on Appropriations of the House of
Representatives of such award.
``(h) Accountability Measures.--The Secretary shall provide to
Congress documentation of major decisions in the application evaluation
and project selection process, which shall include a clear rationale
for decisions--
``(1) to advance for senior review applications other than
those rated as highly recommended;
``(2) to not advance applications rated as highly
recommended; and
``(3) to change the technical evaluation rating of an
application.''.
(c) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``171. Assistance for major projects program.''.
DIVISION E--FINANCE
SEC. 50001. SHORT TITLE.
This division may be cited as the ``Transportation Funding Act of
2015''.
TITLE LI--HIGHWAY TRUST FUND AND RELATED TAXES
Subtitle A--Extension of Trust Fund Expenditure Authority and Related
Taxes
SEC. 51101. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY.
(a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code
of 1986, as amended by division G, is amended--
(1) by striking ``October 1, 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 ``DRIVE
Act''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of
the Internal Revenue Code of 1986, as amended by division G is
amended--
(1) by striking ``Surface Transportation Extension Act of
2015'' each place it appears in subsection (b)(2) and inserting
``DRIVE Act'', and
(2) by striking ``October 1, 2015'' in subsection (d)(2)
and inserting ``October 1, 2021''.
(c) Leaking Underground Storage Tank Trust Fund.--Paragraph (2) of
section 9508(e) of the Internal Revenue Code of 1986, as amended by
division G, is amended by striking ``October 1, 2015'' and inserting
``October 1, 2021''.
(d) Effective Date.--The amendments made by this section shall take
effect on August 1, 2015.
SEC. 51102. 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. 51201. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND.
Subsection (f) of section 9503 of the Internal Revenue Code of 1986
is amended by redesignating paragraph (7) as paragraph (9) and by
inserting after paragraph (6) the following new paragraphs:
``(7) Further transfers to trust fund.--Out of money in the
Treasury not otherwise appropriated, there is hereby
appropriated--
``(A) $34,401,000,000 to the Highway Account (as
defined in subsection (e)(5)(B)) in the Highway Trust
Fund; and
``(B) $11,214,000,000 to the Mass Transit Account
in the Highway Trust Fund.
``(8) 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. 51202. 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. 51203. 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)(8) 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 LII--OFFSETS
Subtitle A--Tax Provisions
SEC. 52101. CONSISTENT BASIS REPORTING BETWEEN ESTATE AND PERSON
ACQUIRING PROPERTY FROM DECEDENT.
(a) Property Acquired From a Decedent.--
(1) In general.--Section 1014 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(f) Basis Must Be Consistent With Estate Tax Value.--
``(1) In general.--The basis under subsection (a) of any
property shall not exceed--
``(A) in the case of property the value of which
has been finally determined for purposes of the tax
imposed by chapter 11 on the estate of such decedent,
such value, and
``(B) in the case of property not described in
subparagraph (A) and with respect to which a statement
has been furnished under section 6035(a) identifying
the value of such property, such value.
``(2) Determination.--For purposes of paragraph (1), the
value of property has been finally determined for purposes of
the tax imposed by chapter 11 if--
``(A) the value of such property is shown on a
return under section 6018 and such value is not
contested by the Secretary before the expiration of the
time for assessing a tax under chapter 11,
``(B) in a case not described in subparagraph (A),
the value is specified by the Secretary and such value
is not timely contested by the executor of the estate,
or
``(C) the value is determined by a court or
pursuant to a settlement agreement with the Secretary.
``(3) Regulations.--The Secretary may by regulations
provide exceptions to the application of this subsection.''.
(2) Effective date.--The amendments made by this subsection
shall apply to property with respect to which an estate tax
return is filed after the date of the enactment of this Act.
(b) Information Reporting.--
(1) In general.--Subpart A of part III of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 is amended by
inserting after section 6034A the following new section:
``SEC. 6035. BASIS INFORMATION TO PERSONS ACQUIRING PROPERTY FROM
DECEDENT.
``(a) Information With Respect to Property Acquired From
Decedents.--
``(1) In general.--The executor of any estate required to
file a return under section 6018(a) shall furnish to the
Secretary and to each person acquiring any interest in property
included in the decedent's gross estate for Federal estate tax
purposes a statement identifying the value of each interest in
such property as reported on such return and such other
information with respect to such interest as the Secretary may
prescribe.
``(2) Statements by beneficiaries.--Each person required to
file a return under section 6018(b) shall furnish to the
Secretary and to each other person who holds a legal or
beneficial interest in the property to which such return
relates a statement identifying the information described in
paragraph (1).
``(3) Time for furnishing statement.--
``(A) In general.--Each statement required to be
furnished under paragraph (1) or (2) shall be furnished
at such time as the Secretary may prescribe, but in no
case at a time later than the earlier of--
``(i) the date which is 30 days after the
date on which the return under section 6018 was
required to be filed (including extensions, if
any), or
``(ii) the date which is 30 days after the
date such return is filed.
``(B) Adjustments.--In any case in which there is
an adjustment to the information required to be
included on a statement filed under paragraph (1) or
(2) after such statement has been filed, a supplemental
statement under such paragraph shall be filed not later
than the date which is 30 days after such adjustment is
made.
``(b) Regulations.--The Secretary shall prescribe such regulations
as necessary to carry out this section, including regulations relating
to--
``(1) the extension of this section to property of estates
not required to file an estate tax return, and
``(2) situations in which the surviving joint tenant or
other recipient may have better information than the executor
regarding the basis or fair market value of the property.''.
(2) Penalty for failure to file.--
(A) Return.--Section 6724(d)(1) of such Code is
amended by striking ``and'' at the end of subparagraph
(B), by striking the period at the end of subparagraph
(C) and inserting ``, and'', and by adding at the end
the following new subparagraph:
``(D) any statement required to be filed with the
Secretary under section 6035.''.
(B) Statement.--Section 6724(d)(2) of such Code is
amended by striking ``or'' at the end of subparagraph
(GG), by striking the period at the end of subparagraph
(HH) and inserting ``, or'', and by adding at the end
the following new subparagraph:
``(II) section 6035 (other than a
statement described in paragraph
(1)(D)).''.
(3) Clerical amendment.--The table of sections for subpart
A of part III of subchapter A of chapter 61 of such Code is
amended by inserting after the item relating to section 6034A
the following new item:
``SEC. 6035. BASIS INFORMATION TO PERSONS ACQUIRING PROPERTY FROM
DECEDENT.''.
(4) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
(c) Penalty for Inconsistent Reporting.--
(1) In general.--Subsection (b) of section 6662 of the
Internal Revenue Code of 1986 is amended by inserting after
paragraph (7) the following new paragraph:
``(8) Any inconsistent estate basis.''.
(2) Inconsistent basis reporting.--Section 6662 of such
Code is amended by adding at the end the following new
subsection:
``(k) Inconsistent Estate Basis Reporting.--For purposes of this
section, there is an `inconsistent estate basis' if the basis of
property (determined without regard to adjustments to basis during the
period the property was held by the taxpayer) claimed on a return
exceeds the basis as determined under section 1014(f).''.
(3) Effective date.--The amendments made by this subsection
shall apply to returns filed after the date of the enactment of
this Act.
SEC. 52102. 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. 52103. CLARIFICATION OF 6-YEAR STATUTE OF LIMITATIONS IN CASE OF
OVERSTATEMENT OF BASIS.
(a) In General.--Subparagraph (B) of section 6501(e)(1) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of clause (i), by
redesignating clause (ii) as clause (iii), and by inserting
after clause (i) the following new clause:
``(ii) An understatement of gross income by
reason of an overstatement of unrecovered cost
or other basis is an omission from gross
income; and'',
(2) by inserting ``(other than in the case of an
overstatement of unrecovered cost or other basis)'' in clause
(iii) (as so redesignated) after ``In determining the amount
omitted from gross income'', and
(3) by inserting ``amount omitted from'' after
``Determination of'' in the heading thereof.
(b) Effective Date.--The amendments made by this section shall
apply to--
(1) returns filed after the date of the enactment of this
Act, and
(2) returns filed on or before such date if the period
specified in section 6501 of the Internal Revenue Code of 1986
(determined without regard to such amendments) for assessment
of the taxes with respect to which such return relates has not
expired as of such date.
SEC. 52104. ADDITIONAL INFORMATION ON RETURNS RELATING TO MORTGAGE
INTEREST.
(a) In General.--Paragraph (2) of section 6050H(b) of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end of
subparagraph (C), by redesignating subparagraph (D) as subparagraph
(G), and by inserting after subparagraph (C) the following new
subparagraphs:
``(D) the amount of outstanding principal on the
mortgage as of the beginning of such calendar year,
``(E) the address of the property securing such
mortgage,
``(F) the date of the origination of such mortgage,
and''.
(b) Payee Statements.--Subsection (d) of section 6050H of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of paragraph (1), by striking the period at the end of paragraph (2)
and inserting ``, and'', and by inserting after paragraph (2) the
following new paragraph:
``(3) the information required to be included on the return
under subparagraphs (D), (E), and (F) of subsection (b)(2).''.
(c) Effective Date.--The amendments made by this section shall
apply to returns and statements the due date for which (determined
without regard to extensions) is after December 31, 2016.
SEC. 52105. RETURN DUE DATE MODIFICATIONS.
(a) New Due Date for Partnership Form 1065, S Corporation Form
1120S, and C Corporation Form 1120.--
(1) Partnerships.--
(A) In general.--Section 6072 of the Internal
Revenue Code of 1986 is amended by adding at the end
the following new subsection:
``(f) Returns of Partnerships.--Returns of partnerships under
section 6031 made on the basis of the calendar year shall be filed on
or before the 15th day of March following the close of the calendar
year, and such returns made on the basis of a fiscal year shall be
filed on or before the 15th day of the third month following the close
of the fiscal year.''.
(B) Conforming amendment.--Section 6072(a) of such
Code is amended by striking ``6017, or 6031'' and
inserting ``or 6017''.
(2) S corporations.--
(A) In general.--So much of subsection (b) of
section 6072 of the Internal Revenue Code of 1986 as
precedes the second sentence thereof is amended to read
as follows:
``(b) Returns of Certain Corporations.--Returns of S corporations
under sections 6012 and 6037 made on the basis of the calendar year
shall be filed on or before the 31st day of March following the close
of the calendar year, and such returns made on the basis of a fiscal
year shall be filed on or before the last day of the third month
following the close of the fiscal year.''.
(B) Conforming amendments.--
(i) Section 1362(b) of such Code is
amended--
(I) by striking ``15th'' each place
it appears and inserting ``last'',
(II) by striking ``2\1/2\'' each
place it appears in the headings and
the text and inserting ``3'', and
(III) by striking ``2 months and 15
days'' in paragraph (4) and inserting
``3 months''.
(ii) Section 1362(d)(1)(C)(i) of such Code
is amended by striking ``15th'' and inserting
``last''.
(iii) Section 1362(d)(1)(C)(ii) of such
Code is amended by striking ``such 15th day''
and inserting ``the last day of the 3d month
thereof''.
(3) Conforming amendments relating to c corporations.--
(A) Section 170(a)(2)(B) of such Code is amended by
striking ``third month'' and inserting ``4th month''.
(B) Section 563 of such Code is amended by striking
``third month'' each place it appears and inserting
``4th month''.
(C) Section 1354(d)(1)(B)(i) of such Code is
amended by striking ``3d month'' and inserting ``4th
month''.
(D) Subsection (a) and (c) of section 6167 of such
Code are each amended by striking ``third month'' and
inserting ``4th month''.
(E) Section 6425(a)(1) of such Code is amended by
striking ``third month'' and inserting ``4th month''.
(F) Section 6655 of such Code is amended--
(i) by striking ``3rd month'' each place it
appears in subsections (b)(2)(A), (g)(3), and
(h)(1) and inserting ``4th month'', and
(ii) in subsection (g)(4), by redesignating
subparagraph (E) as subparagraph (F) and by
inserting after subparagraph (D) the following
new subparagraph:
``(E) Subsection (b)(2)(A) shall be applied by
substituting `the last day of the 3rd month' for `the
15th day of the 4th month'.''.
(4) Effective dates.--
(A) In general.--Except as otherwise provided in
this paragraph, the amendments made by this subsection
shall apply to returns for taxable years beginning
after December 31, 2015.
(B) Conforming amendments relating to s
corporations.--The amendments made by paragraph (2)(B)
shall apply with respect to elections for taxable years
beginning after December 31, 2015.
(C) Conforming amendments relating to c
corporations.--The amendments made by paragraph (3)
shall apply to taxable years beginning after December
31, 2015.
(5) Special rule for certain c corporation in 2025.--In the
case of a taxable year of a C Corporation ending on June 30,
2025, section 6072(a) of the Internal Revenue Code of 1986
shall be applied by substituting ``third month'' for ``fourth
month''.
(b) Modification of Due Dates by Regulation.--In the case of
returns for any taxable period beginning after December 31, 2015, the
Secretary of the Treasury or the Secretary's delegate shall modify
appropriate regulations to provide as follows:
(1) The maximum extension for the returns of partnerships
filing Form 1065 shall be a 6-month period beginning on the due
date for filing the return (without regard to any extensions).
(2) The maximum extension for the returns of trusts and
estates filing Form 1041 shall be a 5\1/2\-month period
beginning on the due date for filing the return (without regard
to any extensions).
(3) The maximum extension for the returns of employee
benefit plans filing Form 5500 shall be an automatic 3\1/2\-
month period beginning on the due date for filing the return
(without regard to any extensions).
(4) The maximum extension for the Forms 990 (series)
returns of organizations exempt from income tax shall be an
automatic 6-month period beginning on the due date for filing
the return (without regard to any extensions).
(5) The maximum extension for the returns of organizations
exempt from income tax that are required to file Form 4720
returns of excise taxes shall be an automatic 6-month period
beginning on the due date for filing the return (without regard
to any extensions).
(6) The maximum extension for the returns of trusts
required to file Form 5227 shall be an automatic 6-month period
beginning on the due date for filing the return (without regard
to any extensions).
(7) The maximum extension for filing Form 6069, Return of
Excise Tax on Excess Contributions to Black Lung Benefit Trust
Under Section 4953 and Computation of Section 192 Deduction,
shall be an automatic 6-month period beginning on the due date
for filing the return (without regard to any extensions).
(8) The maximum extension for a taxpayer required to file
Form 8870 shall be an automatic 6-month period beginning on the
due date for filing the return (without regard to any
extensions).
(9) The due date of Form 3520-A, Annual Information Return
of a Foreign Trust with a United States Owner, shall be the
15th day of the 3rd month after the close of the trust's
taxable year, and the maximum extension shall be a 6-month
period beginning on such day.
(10) The due date of FinCEN Form 114 (relating to Report of
Foreign Bank and Financial Accounts) shall be April 15 with a
maximum extension for a 6-month period ending on October 15,
and with provision for an extension under rules similar to the
rules of 26 C.F.R. 1.6081-5. For any taxpayer required to file
such form for the first time, the Secretary of the Treasury may
waive any penalty for failure to timely request or file an
extension.
(11) Taxpayers filing Form 3520, Annual Return to Report
Transactions with Foreign Trusts and Receipt of Certain Foreign
Gifts, shall be allowed to extend the time for filing such form
separately from the income tax return of the taxpayer, for an
automatic 6-month period beginning on the due date for filing
the return (without regard to any extensions).
(c) Corporations Permitted Statutory Automatic 6-month Extension of
Income Tax Returns.--
(1) In general.--Section 6081(b) of the Internal Revenue
Code of 1986 is amended by striking ``3 months'' and inserting
``6 months''.
(2) Effective date.--The amendments made by this subsection
shall apply to returns for taxable years beginning after
December 31, 2015.
(3) Special rule for certain c corporations in 2024.--In
the case of any taxable year of a C corporation ending on
December 31, 2024, subsections (a) and (b) of section 6081 of
the Internal Revenue Code of 1986 shall each be applied to
returns of income taxes under subtitle A by substituting ``5
months'' for ``6 months''.
SEC. 52106. 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. 52107. 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.
SEC. 52108. TRANSFERS OF EXCESS PENSION ASSETS TO RETIREE HEALTH
ACCOUNTS.
(a) In General.--Section 420(b)(4) of the Internal Revenue Code of
1986 is amended by striking ``December 31, 2021'' and inserting
``December 31, 2025''.
(b) Conforming ERISA Amendments.--
(1) Sections 101(e)(3), 403(c)(1), and 408(b)(13) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1021(e)(3), 1103(c)(1), 1108(b)(13)) are each amended by
striking ``MAP-21'' and inserting ``DRIVE Act''.
(2) Section 408(b)(13) of such Act (29 U.S.C. 1108(b)(13))
is amended by striking ``January 1, 2022'' and inserting
``January 1, 2026''.
Subtitle B--Fees and Receipts
SEC. 52201. EXTENSION OF DEPOSITS OF SECURITY SERVICE FEES IN THE
GENERAL FUND.
Section 44940(i)(4) of title 49, United States Code, is amended by
adding at the end the following:
``(K) $1,750,000,000 for each of fiscal years 2024
and 2025.''.
SEC. 52202. 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. 52203. DIVIDENDS AND SURPLUS FUNDS OF RESERVE BANKS.
Section 7(a)(1)(A) of the Federal Reserve Act (12 U.S.C.
289(a)(1)(A)) is amended by striking ``6 percent'' and inserting ``6
percent (1.5 percent in the case of a stockholder having total
consolidated assets of more than $1,000,000,000 (determined as of
September 30 of the preceding fiscal year))''.
SEC. 52204. 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.
SEC. 52205. EXTENSION OF ENTERPRISE GUARANTEE FEE.
Section 1327(f) of the Housing and Community Development Act of
1992 (12 U.S.C. 4547(f)) is amended by striking ``October 1, 2021'' and
inserting ``October 1, 2025''.
Subtitle C--Outlays
SEC. 52301. 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 F--MISCELLANEOUS
TITLE LXI--FEDERAL PERMITTING IMPROVEMENT
SEC. 61001. 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
61002(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 61002(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 61003(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 61002(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 61003(a).
(14) Inventory.--The term ``inventory'' means the inventory
of covered projects established by the Executive Director under
section 61002(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 61003.
(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. 61002. 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 councilmember
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 Administrator of the
Environmental Protection Agency.
(ix) The Chairman of the Federal Energy
Regulatory Commission.
(x) The Chairman of the Nuclear Regulatory
Commission.
(xi) The Secretary of Homeland Security.
(xii) The Secretary of Housing and Urban
Development.
(xiii) The Chairman of the Advisory Council
on Historic Preservation.
(xiv) 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 61003(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
61003(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. 61003. 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 61002(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 61001 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 61005.
(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 61002(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 61002(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 61002(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
61002(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, agree to a different
completion date; and
(II) the facilitating agency or
lead agency, as applicable, or the
affected cooperating agency provides a
written justification for the
modification.
(ii) Completion date.--A completion date in
the permitting timetable may not be modified
within 30 days of the completion date.
(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. 61004. 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
61006, 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. 61005. 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. 61006. 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 61002(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 61002(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. 61007. 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. 61008. 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 61002(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. 61009. FUNDING FOR GOVERNANCE, OVERSIGHT, AND PROCESSING OF
ENVIRONMENTAL REVIEWS AND PERMITS.
(a) In General.--The heads of agencies listed in section
61002(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 61002 and 61003, 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
61002(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. 61010. APPLICATION.
This title applies to any covered project for which--
(1) a notice is filed under section 61003(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. 61011. 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 LXII--ADDITIONAL PROVISIONS
SEC. 62001. HIRE MORE HEROES.
(a) Short Title.--This section may be cited as the ``Hire More
Heroes Act of 2015''.
(b) Employees With Health Coverage Under TRICARE or the Veterans
Administration Not Taken Into Account in Determining Employers to Which
the Employer Mandate Applies Under Patient Protection and Affordable
Care Act.--Section 4980H(c)(2) of the Internal Revenue Code of 1986 is
amended by adding at the end the following:
``(F) Exemption for health coverage under tricare
or the veterans administration.--Solely for purposes of
determining whether an employer is an applicable large
employer under this paragraph for any month, an
individual shall not be taken into account as an
employee for such month if such individual has medical
coverage for such month under--
``(i) chapter 55 of title 10, United States
Code, including coverage under the TRICARE
program, or
``(ii) under a health care program under
chapter 17 or 18 of title 38, United States
Code, as determined by the Secretary of
Veterans Affairs, in coordination with the
Secretary of Health and Human Services and the
Secretary.''.
(c) Effective Date.--The amendment made by subsection (b) shall
apply to months beginning after December 31, 2013.
DIVISION G--SURFACE TRANSPORTATION EXTENSION
SEC. 70001. SHORT TITLE.
This division may cited as the ``Surface Transportation Extension
Act of 2015''.
TITLE LXXI--EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS
SEC. 71001. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.
(a) In General.--Section 1001 of the Highway and Transportation
Funding Act of 2014 (Public Law 113-159; 128 Stat. 1840; 129 Stat. 219)
is amended--
(1) in subsection (a), by striking ``July 31, 2015'' and
inserting ``September 30, 2015'';
(2) in subsection (b)(1)--
(A) by striking ``July 31, 2015'' and inserting
``September 30, 2015''; and
(B) by striking ``\304/365\'' and inserting ``\365/
365\''; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``July 31, 2015'' and
inserting ``September 30, 2015''; and
(ii) by striking ``\304/365\'' and
inserting ``\365/365\''; and
(B) in paragraph (2)(B), by striking ``by this
subsection''.
(b) Obligation Ceiling.--Section 1102 of MAP-21 (23 U.S.C. 104
note; Public Law 112-141) is amended--
(1) in subsection (a)(3)--
(A) by striking ``$33,528,284,932'' and inserting
``$40,256,000,000''; and
(B) by striking ``July 31, 2015'' and inserting
``September 30, 2015'';
(2) in subsection (b)(12)--
(A) by striking ``July 31, 2015'' and inserting
``September 30, 2015''; and
(B) by striking ``\304/365\'' and inserting ``\365/
365\'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``July 31, 2015'' and inserting ``September
30, 2015''; and
(B) in paragraph (2)--
(i) by striking ``July 31, 2015'' and
inserting ``September 30, 2015''; and
(ii) by striking ``\304/365\'' and
inserting ``\365/365\''; and
(4) in subsection (f)(1), in the matter preceding
subparagraph (A), by striking ``July 31, 2015'' and inserting
``September 30, 2015''.
(c) Tribal High Priority Projects Program.--Section 1123(h)(1) of
MAP-21 (23 U.S.C. 202 note; Public Law 112-141) is amended--
(1) by striking ``$24,986,301'' and inserting
``$30,000,000''; and
(2) by striking ``July 31, 2015'' and inserting ``September
30, 2015''.
SEC. 71002. ADMINISTRATIVE EXPENSES.
(a) Authorization of Contract Authority.--Section 1002(a) of the
Highway and Transportation Funding Act of 2014 (Public Law 113-159; 128
Stat. 1842; 129 Stat. 220) is amended--
(1) by striking ``$366,465,753'' and inserting
``$440,000,000''; and
(2) by striking ``July 31, 2015'' and inserting ``September
30, 2015''.
(b) Contract Authority.--Section 1002(b)(2) of the Highway and
Transportation Funding Act of 2014 (Public Law 113-159; 128 Stat. 1842;
129 Stat. 220) is amended by striking ``July 31, 2015'' and inserting
``September 30, 2015''.
TITLE LXXII--TEMPORARY EXTENSION OF PUBLIC TRANSPORTATION PROGRAMS
SEC. 72001. FORMULA GRANTS FOR RURAL AREAS.
Section 5311(c)(1) of title 49, United States Code, is amended--
(1) in subparagraph (A), by striking ``ending before'' and
all that follows through ``July 31, 2015,''; and
(2) in subparagraph (B), by striking ``ending before'' and
all that follows through ``July 31, 2015,''.
SEC. 72002. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS.
Section 5336(h)(1) of title 49, United States Code, is amended by
striking ``before October 1, 2014'' and all that follows through ``July
31, 2015,'' and inserting ``before October 1, 2015''.
SEC. 72003. AUTHORIZATIONS FOR PUBLIC TRANSPORTATION.
(a) Formula Grants.--Section 5338(a) of title 49, United States
Code, is amended--
(1) in paragraph (1), by striking ``for fiscal year 2014''
and all that follows and inserting ``for fiscal year 2014, and
$8,595,000,000 for fiscal year 2015.'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``$107,274,521
for the period beginning on October 1, 2014, and ending
on July 31, 2015,'' and inserting ``$128,800,000 for
fiscal year 2015'';
(B) in subparagraph (B), by striking ``2013 and
2014 and $8,328,767 for the period beginning on October
1, 2014, and ending on July 31, 2015,'' and inserting
``2013, 2014, and 2015'';
(C) in subparagraph (C), by striking
``$3,713,505,753 for the period beginning on October 1,
2014, and ending on July 31, 2015,'' and inserting
``$4,458,650,000 for fiscal year 2015'';
(D) in subparagraph (D), by striking ``$215,132,055
for the period beginning on October 1, 2014, and ending
on July 31, 2015,'' and inserting ``$258,300,000 for
fiscal year 2015'';
(E) in subparagraph (E)--
(i) by striking ``$506,222,466 for the
period beginning on October 1, 2014, and ending
on July 31, 2015,'' and inserting
``$607,800,000 for fiscal year 2015'';
(ii) by striking ``$24,986,301 for the
period beginning on October 1, 2014, and ending
on July 31, 2015,'' and inserting ``$30,000,000
for fiscal year 2015''; and
(iii) by striking ``$16,657,534 for the
period beginning on October 1, 2014, and ending
on July 31, 2015,'' and inserting ``$20,000,000
for fiscal year 2015'';
(F) in subparagraph (F), by striking ``2013 and
2014 and $2,498,630 for the period beginning on October
1, 2014, and ending on July 31, 2015,'' and inserting
``2013, 2014, and 2015'';
(G) in subparagraph (G), by striking ``2013 and
2014 and $4,164,384 for the period beginning on October
1, 2014, and ending on July 31, 2015,'' and inserting
``2013, 2014, and 2015'';
(H) in subparagraph (H), by striking ``2013 and
2014 and $3,206,575 for the period beginning on October
1, 2014, and ending on July 31, 2015,'' and inserting
``2013, 2014, and 2015'';
(I) in subparagraph (I), by striking
``$1,803,927,671 for the period beginning on October 1,
2014, and ending on July 31, 2015,'' and inserting
``$2,165,900,000 for fiscal year 2015'';
(J) in subparagraph (J), by striking ``$356,304,658
for the period beginning on October 1, 2014, and ending
on July 31, 2015,'' and inserting ``$427,800,000 for
fiscal year 2015''; and
(K) in subparagraph (K), by striking ``$438,009,863
for the period beginning on October 1, 2014, and ending
on July 31, 2015,'' and inserting ``$525,900,000 for
fiscal year 2015''.
(b) Research, Development Demonstration and Deployment Projects.--
Section 5338(b) of title 49, United States Code, is amended by striking
``$58,301,370 for the period beginning on October 1, 2014, and ending
on July 31, 2015'' and inserting ``$70,000,000 for fiscal year 2015''.
(c) Transit Cooperative Research Program.--Section 5338(c) of title
49, United States Code, is amended by striking ``$5,830,137 for the
period beginning on October 1, 2014, and ending on July 31, 2015'' and
inserting ``$7,000,000 for fiscal year 2015''.
(d) Technical Assistance and Standards Development.--Section
5338(d) of title 49, United States Code, is amended by striking
``$5,830,137 for the period beginning on October 1, 2014, and ending on
July 31, 2015'' and inserting ``$7,000,000 for fiscal year 2015''.
(e) Human Resources and Training.--Section 5338(e) of title 49,
United States Code, is amended by striking ``$4,164,384 for the period
beginning on October 1, 2014, and ending on July 31, 2015'' and
inserting ``$5,000,000 for fiscal year 2015''.
(f) Capital Investment Grants.--Section 5338(g) of title 49, United
States Code, is amended by striking ``$1,558,295,890 for the period
beginning on October 1, 2014, and ending on July 31, 2015'' and
inserting ``$1,907,000,000 for fiscal year 2015''.
(g) Administration.--Section 5338(h) of title 49, United States
Code, is amended--
(1) in paragraph (1), by striking ``$86,619,178 for the
period beginning on October 1, 2014, and ending on July 31,
2015'' and inserting ``$104,000,000 for fiscal year 2015'';
(2) in paragraph (2), by striking ``2013 and 2014 and not
less than $4,164,384 for the period beginning on October 1,
2014, and ending on July 31, 2015,'' and inserting ``2013,
2014, and 2015''; and
(3) in paragraph (3), by striking ``2013 and 2014 and not
less than $832,877 for the period beginning on October 1, 2014,
and ending on July 31, 2015,'' and inserting ``2013, 2014, and
2015''.
SEC. 72004. BUS AND BUS FACILITIES FORMULA GRANTS.
Section 5339(d)(1) of title 49, United States Code, is amended--
(1) by striking ``2013 and 2014 and $54,553,425 for the
period beginning on October 1, 2014, and ending on July 31,
2015,'' and inserting ``2013, 2014, and 2015'';
(2) by striking ``and $1,041,096 for such period''; and
(3) by striking ``and $416,438 for such period''.
TITLE LXXIII--EXTENSION OF HIGHWAY SAFETY PROGRAMS
Subtitle A--Extension of Highway Safety Programs
SEC. 73101. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
HIGHWAY SAFETY PROGRAMS.
(a) Extension of Programs.--
(1) Highway safety programs.--Section 31101(a)(1)(C) of
MAP-21 (126 Stat. 733) is amended to read as follows:
``(C) $235,000,000 for fiscal year 2015.''.
(2) Highway safety research and development.--Section
31101(a)(2)(C) of MAP-21 (126 Stat. 733) is amended to read as
follows:
``(C) $113,500,000 for fiscal year 2015.''.
(3) National priority safety programs.--Section
31101(a)(3)(C) of MAP-21 (126 Stat. 733) is amended to read as
follows:
``(C) $272,000,000 for fiscal year 2015.''.
(4) National driver register.--Section 31101(a)(4)(C) of
MAP-21 (126 Stat. 733) is amended to read as follows:
``(C) $5,000,000 for fiscal year 2015.''.
(5) High visibility enforcement program.--
(A) Authorization of appropriations.--Section
31101(a)(5)(C) of MAP-21 (126 Stat. 733) is amended to
read as follows:
``(C) $29,000,000 for fiscal year 2015.''.
(B) Law enforcement campaigns.--Section 2009(a) of
SAFETEA-LU (23 U.S.C. 402 note) is amended--
(i) in the first sentence, by striking
``and 2014 and in the period beginning on
October 1, 2014, and ending on July 31, 2015''
and inserting ``through 2015''; and
(ii) in the second sentence, by striking
``and 2014 and in the period beginning on
October 1, 2014, and ending on July 31, 2015,''
and inserting ``through 2015''.
(6) Administrative expenses.--Section 31101(a)(6)(C) of
MAP-21 (126 Stat. 733) is amended to read as follows:
``(C) $25,500,000 for fiscal year 2015.''.
(b) Cooperative Research and Evaluation.--Section 403(f)(1) of
title 23, United States Code, is amended by striking ``under subsection
402(c) in each fiscal year ending before October 1, 2014, and
$2,082,192 of the total amount available for apportionment to the
States for highway safety programs under section 402(c) in the period
beginning on October 1, 2014, and ending on July 31, 2015,'' and
inserting ``under section 402(c) in each fiscal year ending before
October 1, 2015,''.
(c) Applicability of Title 23.--Section 31101(c) of MAP-21 (126
Stat. 733) is amended by striking ``fiscal years 2013 and 2014 and for
the period beginning on October 1, 2014, and ending on July 31, 2015,''
and inserting ``each of fiscal years 2013 through 2015''.
SEC. 73102. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
PROGRAMS.
(a) Motor Carrier Safety Grants.--Section 31104(a)(10) of title 49,
United States Code, is amended to read as follows:
``(10) $218,000,000 for fiscal year 2015.''.
(b) Administrative Expenses.--Section 31104(i)(1)(J) of title 49,
United States Code, is amended to read as follows:
``(J) $259,000,000 for fiscal year 2015.''.
(c) Grant Programs.--
(1) Commercial driver's license program improvement
grants.--Section 4101(c)(1) of SAFETEA-LU (119 Stat. 1715) is
amended by striking ``each of fiscal years 2013 and 2014 and
$24,986,301 for the period beginning on October 1, 2014, and
ending on July 31, 2015'' and inserting ``each of fiscal years
2013 through 2015''.
(2) Border enforcement grants.--Section 4101(c)(2) of
SAFETEA-LU (119 Stat. 1715) is amended by striking ``each of
fiscal years 2013 and 2014 and $26,652,055 for the period
beginning on October 1, 2014, and ending on July 31, 2015'' and
inserting ``each of fiscal years 2013 through 2015''.
(3) Performance and registration information system
management grant program.--Section 4101(c)(3) of SAFETEA-LU
(119 Stat. 1715) is amended by striking ``each of fiscal years
2013 and 2014 and $4,164,384 for the period beginning on
October 1, 2014, and ending on July 31, 2015'' and inserting
``each of fiscal years 2013 through 2015''.
(4) Commercial vehicle information systems and networks
deployment program.--Section 4101(c)(4) of SAFETEA-LU (119
Stat. 1715) is amended by striking ``each of fiscal years 2013
and 2014 and $20,821,918 for the period beginning on October 1,
2014, and ending on July 31, 2015'' and inserting ``each of
fiscal years 2013 through 2015''.
(5) Safety data improvement grants.--Section 4101(c)(5) of
SAFETEA-LU (119 Stat. 1715) is amended by striking ``each of
fiscal years 2013 and 2014 and $2,498,630 for the period
beginning on October 1, 2014, and ending on July 31, 2015'' and
inserting ``each of fiscal years 2013 through 2015''.
(d) High-Priority Activities.--Section 31104(k)(2) of title 49,
United States Code, is amended by striking ``each of fiscal years 2006
through 2014 and up to $12,493,151 for the period beginning on October
1, 2014, and ending on July 31, 2015,'' and inserting ``each of fiscal
years 2006 through 2015''.
(e) New Entrant Audits.--Section 31144(g)(5)(B) of title 49, United
States Code, is amended by striking ``per fiscal year and up to
$26,652,055 for the period beginning on October 1, 2014, and ending on
July 31, 2015,'' and inserting ``per fiscal year''.
(f) Outreach and Education.--Section 4127(e) of SAFETEA-LU (119
Stat. 1741) is amended by striking ``each of fiscal years 2013 and 2014
and $3,331,507 to the Federal Motor Carrier Safety Administration for
the period beginning on October 1, 2014, and ending on July 31, 2015,''
and inserting ``each of fiscal years 2013 through 2015''.
(g) Grant Program for Commercial Motor Vehicle Operators.--Section
4134(c) of SAFETEA-LU (49 U.S.C. 31301 note) is amended by striking
``each of fiscal years 2005 through 2014 and $832,877 for the period
beginning on October 1, 2014, and ending on July 31, 2015'' and
inserting ``each of fiscal years 2005 through 2015''.
SEC. 73103. DINGELL-JOHNSON SPORT FISH RESTORATION ACT.
Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777c) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1) by striking ``each fiscal year through 2014 and for the
period beginning on October 1, 2014, and ending on July 31,
2015,'' and inserting ``each fiscal year through 2015''; and
(2) in subsection (b)(1)(A) by striking ``for each fiscal
year ending before October 1, 2014, and for the period
beginning on October 1, 2014, and ending on July 31, 2015,''
and inserting ``for each fiscal year ending before October 1,
2015''.
Subtitle B--Hazardous Materials
SEC. 73201. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 5128(a)(3) of title 49, United States
Code, is amended to read as follows:
``(3) $42,762,000 for fiscal year 2015.''.
(b) Hazardous Materials Emergency Preparedness Fund.--Section
5128(b)(2) of title 49, United States Code, is amended to read as
follows:
``(2) Fiscal year 2015.--From the Hazardous Materials
Emergency Preparedness Fund established under section 5116(i),
the Secretary may expend during fiscal year 2015--
``(A) $188,000 to carry out section 5115;
``(B) $21,800,000 to carry out subsections (a) and
(b) of section 5116, of which not less than $13,650,000
shall be available to carry out section 5116(b);
``(C) $150,000 to carry out section 5116(f);
``(D) $625,000 to publish and distribute the
Emergency Response Guidebook under section 5116(i)(3);
and
``(E) $1,000,000 to carry out section 5116(j).''.
(c) Hazardous Materials Training Grants.--Section 5128(c) of title
49, United States Code, is amended by striking ``each of fiscal years
2013 and 2014 and $3,331,507 for the period beginning on October 1,
2014, and ending on July 31, 2015,'' and inserting ``each of fiscal
years 2013 through 2015''.
TITLE LXXIV--REVENUE PROVISIONS
SEC. 74001. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY.
(a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``August 1, 2015'' in subsections
(b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1,
2015'', and
(2) by striking ``Highway and Transportation Funding Act of
2015'' in subsections (c)(1) and (e)(3) and inserting ``Surface
Transportation Extension 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 ``Highway and Transportation Funding Act of
2015'' each place it appears in subsection (b)(2) and inserting
``Surface Transportation Extension Act of 2015'', and
(2) by striking ``August 1, 2015'' in subsection (d)(2) and
inserting ``October 1, 2015''.
(c) Leaking Underground Storage Tank Trust Fund.--Paragraph (2) of
section 9508(e) of the Internal Revenue Code of 1986 is amended by
striking ``August 1, 2015'' and inserting ``October 1, 2015''.
(d) Effective Date.--The amendments made by this section shall take
effect on August 1, 2015.
DIVISION H--BUDGETARY EFFECTS
SEC. 80001. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
SEC. 80002. MAINTENANCE OF HIGHWAY TRUST FUND CASH BALANCE.
(a) Definitions.--In this section:
(1) Highway account.--The term ``Highway Account'' has the
meaning given the term in section 9503(e)(5)(B) of the Internal
Revenue Code of 1986.
(2) Highway trust fund.--The term ``Highway Trust Fund''
means the Highway Trust Fund established by section 9503(a) of
the Internal Revenue Code of 1986.
(3) Mass transit account.--The term ``Mass Transit
Account'' means the Mass Transit Account established by section
9503(e)(1) of the Internal Revenue Code of 1986.
(b) Restriction on Obligations.--If the Secretary, in consultation
with the Secretary of the Treasury, determines under the test or
reevaluation described under subsection (c) or (d) that the projected
cash balances of either the Highway Account or the Mass Transit Account
of the Highway Trust Fund will fall below the levels described in
subparagraph (A) or (B) of subsection (c)(2) at any time during the
fiscal year for which that determination applies, the Secretary shall
not approve any obligation of funds authorized out of the Highway
Account or the Mass Transit Account of the Highway Trust Fund during
that fiscal year.
(c) Cash Balance Test.--On July 15 prior to the beginning of each
of fiscal years 2019 through 2021, the Secretary, in consultation with
the Secretary of the Treasury, shall--
(1) based on data available for the midsession review
described under section 1106 of title 31, United States Code,
estimate the projected cash balances of the Highway Account and
the Mass Transit Account of the Highway Trust Fund for the
upcoming fiscal year; and
(2) determine if those cash balances--
(A) are projected to fall below the amount of
$4,000,000,000 at any time during that upcoming fiscal
year in the Highway Account of the Highway Trust Fund;
or
(B) are projected to fall below the amount of
$1,000,000,000 at any time during that upcoming fiscal
year in the Mass Transit Account of the Highway Trust
Fund.
(d) Reevaluation.--The Secretary shall conduct the test described
under subsection (c) again during a respective fiscal year--
(1) if a law is enacted that provides additional revenues,
deposits, or transfers to the Highway Trust Fund; or
(2) when the President submits to Congress under section
1105(a) of title 31, United States Code, updated outlay
estimates or revenue projections related to the Highway Trust
Fund.
(e) Notification.--Not later than 15 days after a determination is
made under subsection (c) or (d), the Secretary shall provide
notification of the determination to--
(1) the Committee on Environment and Public Works of the
Senate;
(2) the Committee on Transportation and Infrastructure of
the House of Representatives;
(3) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(4) the Committee on Commerce, Science, and Transportation
of the Senate; and
(5) State transportation departments and designated
recipients.
(f) Exceptions.--Notwithstanding subsection (b), the Secretary
shall approve obligations in every fiscal year for--
(1) administrative expenses of the Federal Highway
Administration, including any administrative expenses funded
under--
(A) section 104(a) of title 23, United States Code;
(B) the tribal transportation program under section
202(a)(6), of title 23, United States Code;
(C) the Federal lands transportation program under
section 203 of title 23, United States Code; and
(D) chapter 6 of title 23, United States Code;
(2) funds for the national highway performance program
under section 119 of title 23, United States Code, that are
exempt from the limitation on obligations;
(3) the emergency relief program under section 125 of title
23, United States Code;
(4) the administrative expenses of the National Highway
Traffic Safety Administration in carrying out chapter 4 of
title 23, United States Code;
(5) the highway safety programs under section 402 of title
23, United States Code, and national priority safety programs
under section 405 of title 23, United States Code;
(6) the high visibility enforcement program under section
2009 of SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-59);
(7) the highway safety research and development program
under section 403 of title 23, United States Code;
(8) the national driver register under chapter 303 of title
49, United States Code;
(9) the motor carrier safety assistance program under
section 31102 of title 49, United States Code;
(10) the administrative expenses of the Federal Motor
Carrier Safety Administration under section 31110 of title 49,
United States Code; and
(11) the administrative expenses of the Federal Transit
Administration funded under section 5338(h) of title 49, United
States Code, to carry out section 5329 of title 49, United
States Code.
SEC. 80003. PROHIBITION ON RESCISSIONS OF CERTAIN CONTRACT AUTHORITY.
For purposes of the enforcement of a point of order established
under the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.), the
determination of levels under the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 900 et seq.) or the Statutory Pay-As-You-
Go Act of 2010 (2 U.S.C. 931 et seq.), and the enforcement of a point
of order established under or the determination of levels under a
concurrent resolution on the budget, the rescission of contract
authority that is provided under this Act or an amendment made by this
Act for fiscal year 2019, 2020, or 2021 shall not be counted.
DIVISION I--EXPORT-IMPORT BANK OF THE UNITED STATES
SEC. 90001. SHORT TITLE.
This division may be cited as the ``Export-Import Bank Reform and
Reauthorization Act of 2015''.
TITLE XCI--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY
SEC. 91001. 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. 91002. 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. 91003. 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. 91004. 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. 91005. 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. 91006. 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. 91007. 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 91005.
(b) Report.--Not later than one 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. 91008. 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 one 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 XCII--PROMOTION OF SMALL BUSINESS EXPORTS
SEC. 92001. 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. 92002. 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 XCIII--MODERNIZATION OF OPERATIONS
SEC. 93001. 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. 93002. 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 XCIV--GENERAL PROVISIONS
SEC. 94001. 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. 94002. 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 XCV--OTHER MATTERS
SEC. 95001. 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. 95002. 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. 95003. 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).
Amend the title so as to read: ``An Act to authorize funds
for Federal-aid highways, highway safety programs, and transit
programs, and for other purposes.''.
Attest:
Secretary.
114th CONGRESS
1st Session
H.R. 22
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AMENDMENTS