[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 22 Enrolled Bill (ENR)]
H.R.22
One Hundred Fourteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and fifteen
An Act
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fixing America's
Surface Transportation Act'' or the ``FAST Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
DIVISION A--SURFACE TRANSPORTATION
Sec. 1001. Definitions.
Sec. 1002. Reconciliation of funds.
Sec. 1003. Effective date.
Sec. 1004. References.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Definitions.
Sec. 1104. Apportionment.
Sec. 1105. Nationally significant freight and highway projects.
Sec. 1106. National highway performance program.
Sec. 1107. Emergency relief for federally owned roads.
Sec. 1108. Railway-highway grade crossings.
Sec. 1109. Surface transportation block grant program.
Sec. 1110. Highway use tax evasion projects.
Sec. 1111. Bundling of bridge projects.
Sec. 1112. Construction of ferry boats and ferry terminal facilities.
Sec. 1113. Highway safety improvement program.
Sec. 1114. Congestion mitigation and air quality improvement program.
Sec. 1115. Territorial and Puerto Rico highway program.
Sec. 1116. National highway freight program.
Sec. 1117. Federal lands and tribal transportation programs.
Sec. 1118. Tribal transportation program amendment.
Sec. 1119. Federal lands transportation program.
Sec. 1120. Federal lands programmatic activities.
Sec. 1121. Tribal transportation self-governance program.
Sec. 1122. State flexibility for National Highway System modifications.
Sec. 1123. Nationally significant Federal lands and tribal projects
program.
Subtitle B--Planning and Performance Management
Sec. 1201. Metropolitan transportation planning.
Sec. 1202. Statewide and nonmetropolitan transportation planning.
Subtitle C--Acceleration of Project Delivery
Sec. 1301. Satisfaction of requirements for certain historic sites.
Sec. 1302. Clarification of transportation environmental authorities.
Sec. 1303. Treatment of certain bridges under preservation requirements.
Sec. 1304. Efficient environmental reviews for project decisionmaking.
Sec. 1305. Integration of planning and environmental review.
Sec. 1306. Development of programmatic mitigation plans.
Sec. 1307. Technical assistance for States.
Sec. 1308. Surface transportation project delivery program.
Sec. 1309. Program for eliminating duplication of environmental reviews.
Sec. 1310. Application of categorical exclusions for multimodal
projects.
Sec. 1311. Accelerated decisionmaking in environmental reviews.
Sec. 1312. Improving State and Federal agency engagement in
environmental reviews.
Sec. 1313. Aligning Federal environmental reviews.
Sec. 1314. Categorical exclusion for projects of limited Federal
assistance.
Sec. 1315. Programmatic agreement template.
Sec. 1316. Assumption of authorities.
Sec. 1317. Modernization of the environmental review process.
Sec. 1318. Assessment of progress on accelerating project delivery.
Subtitle D--Miscellaneous
Sec. 1401. Prohibition on the use of funds for automated traffic
enforcement.
Sec. 1402. Highway Trust Fund transparency and accountability.
Sec. 1403. Additional deposits into Highway Trust Fund.
Sec. 1404. Design standards.
Sec. 1405. Justification reports for access points on the Interstate
System.
Sec. 1406. Performance period adjustment.
Sec. 1407. Vehicle-to-infrastructure equipment.
Sec. 1408. Federal share payable.
Sec. 1409. Milk products.
Sec. 1410. Interstate weight limits.
Sec. 1411. Tolling; HOV facilities; Interstate reconstruction and
rehabilitation.
Sec. 1412. Projects for public safety relating to idling trains.
Sec. 1413. National electric vehicle charging and hydrogen, propane, and
natural gas fueling corridors.
Sec. 1414. Repeat offender criteria.
Sec. 1415. Administrative provisions to encourage pollinator habitat and
forage on transportation rights-of-way.
Sec. 1416. High priority corridors on National Highway System.
Sec. 1417. Work zone and guard rail safety training.
Sec. 1418. Consolidation of programs.
Sec. 1419. Elimination or modification of certain reporting
requirements.
Sec. 1420. Flexibility for projects.
Sec. 1421. Productive and timely expenditure of funds.
Sec. 1422. Study on performance of bridges.
Sec. 1423. Relinquishment of park-and-ride lot facilities.
Sec. 1424. Pilot program.
Sec. 1425. Service club, charitable association, or religious service
signs.
Sec. 1426. Motorcyclist advisory council.
Sec. 1427. Highway work zones.
Sec. 1428. Use of durable, resilient, and sustainable materials and
practices.
Sec. 1429. Identification of roadside highway safety hardware devices.
Sec. 1430. Use of modeling and simulation technology.
Sec. 1431. National Advisory Committee on Travel and Tourism
Infrastructure.
Sec. 1432. Emergency exemptions.
Sec. 1433. Report on Highway Trust Fund administrative expenditures.
Sec. 1434. Availability of reports.
Sec. 1435. Appalachian development highway system.
Sec. 1436. Appalachian regional development program.
Sec. 1437. Border State infrastructure.
Sec. 1438. Adjustments.
Sec. 1439. Elimination of barriers to improve at-risk bridges.
Sec. 1440. At-risk project preagreement authority.
Sec. 1441. Regional infrastructure accelerator demonstration program.
Sec. 1442. Safety for users.
Sec. 1443. Sense of Congress.
Sec. 1444. Every Day Counts initiative.
Sec. 1445. Water infrastructure finance and innovation.
Sec. 1446. Technical corrections.
TITLE II--INNOVATIVE PROJECT FINANCE
Sec. 2001. Transportation Infrastructure Finance and Innovation Act of
1998 amendments.
Sec. 2002. Availability payment concession model.
TITLE III--PUBLIC TRANSPORTATION
Sec. 3001. Short title.
Sec. 3002. Definitions.
Sec. 3003. Metropolitan and statewide transportation planning.
Sec. 3004. Urbanized area formula grants.
Sec. 3005. Fixed guideway capital investment grants.
Sec. 3006. Enhanced mobility of seniors and individuals with
disabilities.
Sec. 3007. Formula grants for rural areas.
Sec. 3008. Public transportation innovation.
Sec. 3009. Technical assistance and workforce development.
Sec. 3010. Private sector participation.
Sec. 3011. General provisions.
Sec. 3012. Project management oversight.
Sec. 3013. Public transportation safety program.
Sec. 3014. Apportionments.
Sec. 3015. State of good repair grants.
Sec. 3016. Authorizations.
Sec. 3017. Grants for buses and bus facilities.
Sec. 3018. Obligation ceiling.
Sec. 3019. Innovative procurement.
Sec. 3020. Review of public transportation safety standards.
Sec. 3021. Study on evidentiary protection for public transportation
safety program information.
Sec. 3022. Improved public transportation safety measures.
Sec. 3023. Paratransit system under FTA approved coordinated plan.
Sec. 3024. Report on potential of Internet of Things.
Sec. 3025. Report on parking safety.
Sec. 3026. Appointment of directors of Washington Metropolitan Area
Transit Authority.
Sec. 3027. Effectiveness of public transportation changes and funding.
Sec. 3028. Authorization of grants for positive train control.
Sec. 3029. Amendment to title 5.
Sec. 3030. Technical and conforming changes.
TITLE IV--HIGHWAY TRAFFIC SAFETY
Sec. 4001. Authorization of appropriations.
Sec. 4002. Highway safety programs.
Sec. 4003. Highway safety research and development.
Sec. 4004. High-visibility enforcement program.
Sec. 4005. National priority safety programs.
Sec. 4006. Tracking process.
Sec. 4007. Stop motorcycle checkpoint funding.
Sec. 4008. Marijuana-impaired driving.
Sec. 4009. Increasing public awareness of the dangers of drug-impaired
driving.
Sec. 4010. National priority safety program grant eligibility.
Sec. 4011. Data collection.
Sec. 4012. Study on the national roadside survey of alcohol and drug use
by drivers.
Sec. 4013. Barriers to data collection report.
Sec. 4014. Technical corrections.
Sec. 4015. Effective date for certain programs.
TITLE V--MOTOR CARRIER SAFETY
Subtitle A--Motor Carrier Safety Grant Consolidation
Sec. 5101. Grants to States.
Sec. 5102. Performance and registration information systems management.
Sec. 5103. Authorization of appropriations.
Sec. 5104. Commercial driver's license program implementation.
Sec. 5105. Extension of Federal motor carrier safety programs for fiscal
year 2016.
Sec. 5106. Motor carrier safety assistance program allocation.
Sec. 5107. Maintenance of effort calculation.
Subtitle B--Federal Motor Carrier Safety Administration Reform
Part I--Regulatory Reform
Sec. 5201. Notice of cancellation of insurance.
Sec. 5202. Regulations.
Sec. 5203. Guidance.
Sec. 5204. Petitions.
Sec. 5205. Inspector standards.
Sec. 5206. Applications.
Part II--Compliance, Safety, Accountability Reform
Sec. 5221. Correlation study.
Sec. 5222. Beyond compliance.
Sec. 5223. Data certification.
Sec. 5224. Data improvement.
Sec. 5225. Accident review.
Subtitle C--Commercial Motor Vehicle Safety
Sec. 5301. Windshield technology.
Sec. 5302. Prioritizing statutory rulemakings.
Sec. 5303. Safety reporting system.
Sec. 5304. New entrant safety review program.
Sec. 5305. High risk carrier reviews.
Sec. 5306. Post-accident report review.
Sec. 5307. Implementing safety requirements.
Subtitle D--Commercial Motor Vehicle Drivers
Sec. 5401. Opportunities for veterans.
Sec. 5402. Drug-free commercial drivers.
Sec. 5403. Medical certification of veterans for commercial driver's
licenses.
Sec. 5404. Commercial driver pilot program.
Subtitle E--General Provisions
Sec. 5501. Delays in goods movement.
Sec. 5502. Emergency route working group.
Sec. 5503. Household goods consumer protection working group.
Sec. 5504. Technology improvements.
Sec. 5505. Notification regarding motor carrier registration.
Sec. 5506. Report on commercial driver's license skills test delays.
Sec. 5507. Electronic logging device requirements.
Sec. 5508. Technical corrections.
Sec. 5509. Minimum financial responsibility.
Sec. 5510. Safety study regarding double-decker motorcoaches.
Sec. 5511. GAO review of school bus safety.
Sec. 5512. Access to National Driver Register.
Sec. 5513. Report on design and implementation of wireless roadside
inspection systems.
Sec. 5514. Regulation of tow truck operations.
Sec. 5515. Study on commercial motor vehicle driver commuting.
Sec. 5516. Additional State authority.
Sec. 5517. Report on motor carrier financial responsibility.
Sec. 5518. Covered farm vehicles.
Sec. 5519. Operators of hi-rail vehicles.
Sec. 5520. Automobile transporter.
Sec. 5521. Ready mix concrete delivery vehicles.
Sec. 5522. Transportation of construction materials and equipment.
Sec. 5523. Commercial delivery of light- and medium-duty trailers.
Sec. 5524. Exemptions from requirements for certain welding trucks used
in pipeline industry.
Sec. 5525. Report.
TITLE VI--INNOVATION
Sec. 6001. Short title.
Sec. 6002. Authorization of appropriations.
Sec. 6003. Technology and innovation deployment program.
Sec. 6004. Advanced transportation and congestion management
technologies deployment.
Sec. 6005. Intelligent transportation system goals.
Sec. 6006. Intelligent transportation system purposes.
Sec. 6007. Intelligent transportation system program report.
Sec. 6008. Intelligent transportation system national architecture and
standards.
Sec. 6009. Communication systems deployment report.
Sec. 6010. Infrastructure development.
Sec. 6011. Departmental research programs.
Sec. 6012. Research and Innovative Technology Administration.
Sec. 6013. Web-based training for emergency responders.
Sec. 6014. Hazardous materials research and development.
Sec. 6015. Office of Intermodalism.
Sec. 6016. University transportation centers.
Sec. 6017. Bureau of Transportation Statistics.
Sec. 6018. Port performance freight statistics program.
Sec. 6019. Research planning.
Sec. 6020. Surface transportation system funding alternatives.
Sec. 6021. Future interstate study.
Sec. 6022. Highway efficiency.
Sec. 6023. Transportation technology policy working group.
Sec. 6024. Collaboration and support.
Sec. 6025. GAO report.
Sec. 6026. Traffic congestion.
Sec. 6027. Smart cities transportation planning study.
Sec. 6028. Performance management data support program.
TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION
Sec. 7001. Short title.
Subtitle A--Authorizations
Sec. 7101. Authorization of appropriations.
Subtitle B--Hazardous Material Safety and Improvement
Sec. 7201. National emergency and disaster response.
Sec. 7202. Motor carrier safety permits.
Sec. 7203. Improving the effectiveness of planning and training grants.
Sec. 7204. Improving publication of special permits and approvals.
Sec. 7205. Enhanced reporting.
Sec. 7206. Wetlines.
Sec. 7207. GAO study on acceptance of classification examinations.
Sec. 7208. Hazardous materials endorsement exemption.
Subtitle C--Safe Transportation of Flammable Liquids by Rail
Sec. 7301. Community safety grants.
Sec. 7302. Real-time emergency response information.
Sec. 7303. Emergency response.
Sec. 7304. Phase-out of all tank cars used to transport Class 3
flammable liquids.
Sec. 7305. Thermal blankets.
Sec. 7306. Minimum requirements for top fittings protection for class
DOT-117R tank cars.
Sec. 7307. Rulemaking on oil spill response plans.
Sec. 7308. Modification reporting.
Sec. 7309. Report on crude oil characteristics research study.
Sec. 7310. Hazardous materials by rail liability study.
Sec. 7311. Study and testing of electronically controlled pneumatic
brakes.
TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION
Sec. 8001. Multimodal freight transportation.
TITLE IX--NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU
Sec. 9001. National Surface Transportation and Innovative Finance
Bureau.
Sec. 9002. Council on Credit and Finance.
TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY
Sec. 10001. Allocations.
Sec. 10002. Recreational boating safety.
TITLE XI--RAIL
Sec. 11001. Short title.
Subtitle A--Authorizations
Sec. 11101. Authorization of grants to Amtrak.
Sec. 11102. Consolidated rail infrastructure and safety improvements.
Sec. 11103. Federal-State partnership for state of good repair.
Sec. 11104. Restoration and enhancement grants.
Sec. 11105. Authorization of appropriations for Amtrak Office of
Inspector General.
Sec. 11106. Definitions.
Subtitle B--Amtrak Reforms
Sec. 11201. Accounts.
Sec. 11202. Amtrak grant process.
Sec. 11203. 5-year business line and asset plans.
Sec. 11204. State-supported route committee.
Sec. 11205. Composition of Amtrak's Board of Directors.
Sec. 11206. Route and service planning decisions.
Sec. 11207. Food and beverage reform.
Sec. 11208. Rolling stock purchases.
Sec. 11209. Local products and promotional events.
Sec. 11210. Amtrak pilot program for passengers transporting
domesticated cats and dogs.
Sec. 11211. Right-of-way leveraging.
Sec. 11212. Station development.
Sec. 11213. Amtrak boarding procedures.
Sec. 11214. Amtrak debt.
Sec. 11215. Elimination of duplicative reporting.
Subtitle C--Intercity Passenger Rail Policy
Sec. 11301. Consolidated rail infrastructure and safety improvements.
Sec. 11302. Federal-State partnership for state of good repair.
Sec. 11303. Restoration and enhancement grants.
Sec. 11304. Gulf Coast rail service working group.
Sec. 11305. Northeast Corridor Commission.
Sec. 11306. Northeast corridor planning.
Sec. 11307. Competition.
Sec. 11308. Performance-based proposals.
Sec. 11309. Large capital project requirements.
Sec. 11310. Small business participation study.
Sec. 11311. Shared-use study.
Sec. 11312. Northeast Corridor through-ticketing and procurement
efficiencies.
Sec. 11313. Data and analysis.
Sec. 11314. Amtrak Inspector General.
Sec. 11315. Miscellaneous provisions.
Sec. 11316. Technical and conforming amendments.
Subtitle D--Safety
Sec. 11401. Highway-rail grade crossing safety.
Sec. 11402. Private highway-rail grade crossings.
Sec. 11403. Study on use of locomotive horns at highway-rail grade
crossings.
Sec. 11404. Positive train control at grade crossings effectiveness
study.
Sec. 11405. Bridge inspection reports.
Sec. 11406. Speed limit action plans.
Sec. 11407. Alerters.
Sec. 11408. Signal protection.
Sec. 11409. Commuter rail track inspections.
Sec. 11410. Post-accident assessment.
Sec. 11411. Recording devices.
Sec. 11412. Railroad police officers.
Sec. 11413. Repair and replacement of damaged track inspection
equipment.
Sec. 11414. Report on vertical track deflection.
Sec. 11415. Rail passenger liability.
Subtitle E--Project Delivery
Sec. 11501. Short title.
Sec. 11502. Treatment of improvements to rail and transit under
preservation requirements.
Sec. 11503. Efficient environmental reviews.
Sec. 11504. Railroad rights-of-way.
Subtitle F--Financing
Sec. 11601. Short title; references.
Sec. 11602. Definitions.
Sec. 11603. Eligible applicants.
Sec. 11604. Eligible purposes.
Sec. 11605. Program administration.
Sec. 11606. Loan terms and repayment.
Sec. 11607. Credit risk premiums.
Sec. 11608. Master credit agreements.
Sec. 11609. Priorities and conditions.
Sec. 11610. Savings provisions.
Sec. 11611. Report on leveraging RRIF.
DIVISION B--COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF
2015
TITLE XXIV--MOTOR VEHICLE SAFETY
Subtitle A--Vehicle Safety
Sec. 24101. Authorization of appropriations.
Sec. 24102. Inspector general recommendations.
Sec. 24103. Improvements in availability of recall information.
Sec. 24104. Recall process.
Sec. 24105. Pilot grant program for state notification to consumers of
motor vehicle recall status.
Sec. 24106. Recall obligations under bankruptcy.
Sec. 24107. Dealer requirement to check for open recall.
Sec. 24108. Extension of time period for remedy of tire defects.
Sec. 24109. Rental car safety.
Sec. 24110. Increase in civil penalties for violations of motor vehicle
safety.
Sec. 24111. Electronic odometer disclosures.
Sec. 24112. Corporate responsibility for NHTSA reports.
Sec. 24113. Direct vehicle notification of recalls.
Sec. 24114. Unattended children warning.
Sec. 24115. Tire pressure monitoring system.
Sec. 24116. Information regarding components involved in recall.
Subtitle B--Research And Development And Vehicle Electronics
Sec. 24201. Report on operations of the council for vehicle electronics,
vehicle software, and emerging technologies.
Sec. 24202. Cooperation with foreign governments.
Subtitle C--Miscellaneous Provisions
Part I--DRIVER PRIVACY ACT OF 2015
Sec. 24301. Short title.
Sec. 24302. Limitations on data retrieval from vehicle event data
recorders.
Sec. 24303. Vehicle event data recorder study.
Part II--SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015
Sec. 24321. Short title.
Sec. 24322. Passenger motor vehicle information.
Part III--TIRE EFFICIENCY, SAFETY, AND REGISTRATION ACT OF 2015
Sec. 24331. Short title.
Sec. 24332. Tire fuel efficiency minimum performance standards.
Sec. 24333. Tire registration by independent sellers.
Sec. 24334. Tire identification study and report.
Sec. 24335. Tire recall database.
Part IV--ALTERNATIVE FUEL VEHICLES
Sec. 24341. Regulatory parity for natural gas vehicles.
Part V--MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT
Sec. 24351. Short title.
Sec. 24352. Motor vehicle safety whistleblower incentives and
protections.
Subtitle D--Additional Motor Vehicle Provisions
Sec. 24401. Required reporting of NHTSA agenda.
Sec. 24402. Application of remedies for defects and noncompliance.
Sec. 24403. Retention of safety records by manufacturers.
Sec. 24404. Nonapplication of prohibitions relating to noncomplying
motor vehicles to vehicles used for testing or evaluation.
Sec. 24405. Treatment of low-volume manufacturers.
Sec. 24406. Motor vehicle safety guidelines.
Sec. 24407. Improvement of data collection on child occupants in vehicle
crashes.
DIVISION C--FINANCE
TITLE XXXI--HIGHWAY TRUST FUND AND RELATED TAXES
Subtitle A--Extension of Trust Fund Expenditure Authority and Related
Taxes
Sec. 31101. Extension of Highway Trust Fund expenditure authority.
Sec. 31102. Extension of highway-related taxes.
Subtitle B--Additional Transfers to Highway Trust Fund
Sec. 31201. Further additional transfers to trust fund.
Sec. 31202. Transfer to Highway Trust Fund of certain motor vehicle
safety penalties.
Sec. 31203. Appropriation from Leaking Underground Storage Tank Trust
Fund.
TITLE XXXII--OFFSETS
Subtitle A--Tax Provisions
Sec. 32101. Revocation or denial of passport in case of certain unpaid
taxes.
Sec. 32102. Reform of rules relating to qualified tax collection
contracts.
Sec. 32103. Special compliance personnel program.
Sec. 32104. Repeal of modification of automatic extension of return due
date for certain employee benefit plans.
Subtitle B--Fees and Receipts
Sec. 32201. Adjustment for inflation of fees for certain customs
services.
Sec. 32202. Limitation on surplus funds of Federal reserve banks.
Sec. 32203. Dividends of Federal reserve banks.
Sec. 32204. Strategic Petroleum Reserve drawdown and sale.
Sec. 32205. Repeal.
Subtitle C--Outlays
Sec. 32301. Interest on overpayment.
Subtitle D--Budgetary Effects
Sec. 32401. Budgetary effects.
DIVISION D--MISCELLANEOUS
TITLE XLI--FEDERAL PERMITTING IMPROVEMENT
Sec. 41001. Definitions.
Sec. 41002. Federal Permitting Improvement Council.
Sec. 41003. Permitting process improvement.
Sec. 41004. Interstate compacts.
Sec. 41005. Coordination of required reviews.
Sec. 41006. Delegated State permitting programs.
Sec. 41007. Litigation, judicial review, and savings provision.
Sec. 41008. Reports.
Sec. 41009. Funding for governance, oversight, and processing of
environmental reviews and permits.
Sec. 41010. Application.
Sec. 41011. GAO Report.
Sec. 41012. Savings provision.
Sec. 41013. Sunset.
Sec. 41014. Placement.
TITLE XLII--ADDITIONAL PROVISIONS
Sec. 42001. GAO report on refunds to registered vendors of kerosene used
in noncommercial aviation.
TITLE XLIII--PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES
Sec. 43001. Payments from Abandoned Mine Reclamation Fund.
DIVISION E--EXPORT-IMPORT BANK OF THE UNITED STATES
Sec. 50001. Short title.
TITLE LI--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY
Sec. 51001. Reduction in authorized amount of outstanding loans,
guarantees, and insurance.
Sec. 51002. Increase in loss reserves.
Sec. 51003. Review of fraud controls.
Sec. 51004. Office of Ethics.
Sec. 51005. Chief Risk Officer.
Sec. 51006. Risk Management Committee.
Sec. 51007. Independent audit of bank portfolio.
Sec. 51008. Pilot program for reinsurance.
TITLE LII--PROMOTION OF SMALL BUSINESS EXPORTS
Sec. 52001. Increase in small business lending requirements.
Sec. 52002. Report on programs for small- and medium-sized businesses.
TITLE LIII--MODERNIZATION OF OPERATIONS
Sec. 53001. Electronic payments and documents.
Sec. 53002. Reauthorization of information technology updating.
TITLE LIV--GENERAL PROVISIONS
Sec. 54001. Extension of authority.
Sec. 54002. Certain updated loan terms and amounts.
TITLE LV--OTHER MATTERS
Sec. 55001. Prohibition on discrimination based on industry.
Sec. 55002. Negotiations to end export credit financing.
Sec. 55003. Study of financing for information and communications
technology systems.
DIVISION F--ENERGY SECURITY
Sec. 61001. Emergency preparedness for energy supply disruptions.
Sec. 61002. Resolving environmental and grid reliability conflicts.
Sec. 61003. Critical electric infrastructure security.
Sec. 61004. Strategic Transformer Reserve.
Sec. 61005. Energy security valuation.
DIVISION G--FINANCIAL SERVICES
TITLE LXXI--IMPROVING ACCESS TO CAPITAL FOR EMERGING GROWTH COMPANIES
Sec. 71001. Filing requirement for public filing prior to public
offering.
Sec. 71002. Grace period for change of status of emerging growth
companies.
Sec. 71003. Simplified disclosure requirements for emerging growth
companies.
TITLE LXXII--DISCLOSURE MODERNIZATION AND SIMPLIFICATION
Sec. 72001. Summary page for form 10-K.
Sec. 72002. Improvement of regulation S-K.
Sec. 72003. Study on modernization and simplification of regulation S-K.
TITLE LXXIII--BULLION AND COLLECTIBLE COIN PRODUCTION EFFICIENCY AND
COST SAVINGS
Sec. 73001. Technical corrections.
Sec. 73002. American Eagle Silver Bullion 30th Anniversary.
TITLE LXXIV--SBIC ADVISERS RELIEF
Sec. 74001. Advisers of SBICs and venture capital funds.
Sec. 74002. Advisers of SBICs and private funds.
Sec. 74003. Relationship to State law.
TITLE LXXV--ELIMINATE PRIVACY NOTICE CONFUSION
Sec. 75001. Exception to annual privacy notice requirement under the
Gramm-Leach-Bliley Act.
TITLE LXXVI--REFORMING ACCESS FOR INVESTMENTS IN STARTUP ENTERPRISES
Sec. 76001. Exempted transactions.
TITLE LXXVII--PRESERVATION ENHANCEMENT AND SAVINGS OPPORTUNITY
Sec. 77001. Distributions and residual receipts.
Sec. 77002. Future refinancings.
Sec. 77003. Implementation.
TITLE LXXVIII--TENANT INCOME VERIFICATION RELIEF
Sec. 78001. Reviews of family incomes.
TITLE LXXIX--HOUSING ASSISTANCE EFFICIENCY
Sec. 79001. Authority to administer rental assistance.
Sec. 79002. Reallocation of funds.
TITLE LXXX--CHILD SUPPORT ASSISTANCE
Sec. 80001. Requests for consumer reports by State or local child
support enforcement agencies.
TITLE LXXXI--PRIVATE INVESTMENT IN HOUSING
Sec. 81001. Budget-neutral demonstration program for energy and water
conservation improvements at multifamily residential units.
TITLE LXXXII--CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL INSTITUTIONS
Sec. 82001. Privately insured credit unions authorized to become members
of a Federal home loan bank.
Sec. 82002. GAO Report.
TITLE LXXXIII--SMALL BANK EXAM CYCLE REFORM
Sec. 83001. Smaller institutions qualifying for 18-month examination
cycle.
TITLE LXXXIV--SMALL COMPANY SIMPLE REGISTRATION
Sec. 84001. Forward incorporation by reference for Form S-1.
TITLE LXXXV--HOLDING COMPANY REGISTRATION THRESHOLD EQUALIZATION
Sec. 85001. Registration threshold for savings and loan holding
companies.
TITLE LXXXVI--REPEAL OF INDEMNIFICATION REQUIREMENTS
Sec. 86001. Repeal.
TITLE LXXXVII--TREATMENT OF DEBT OR EQUITY INSTRUMENTS OF SMALLER
INSTITUTIONS
Sec. 87001. Date for determining consolidated assets.
TITLE LXXXVIII--STATE LICENSING EFFICIENCY
Sec. 88001. Short title.
Sec. 88002. Background checks.
TITLE LXXXIX--HELPING EXPAND LENDING PRACTICES IN RURAL COMMUNITIES
Sec. 89001. Short title.
Sec. 89002. Designation of rural area.
Sec. 89003. Operations in rural areas.
DIVISION A--SURFACE TRANSPORTATION
SEC. 1001. DEFINITIONS.
In this division, the following definitions apply:
(1) Department.--The term ``Department'' means the Department
of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
SEC. 1002. RECONCILIATION OF FUNDS.
The Secretary shall reduce the amount apportioned or allocated for
a program, project, or activity under titles I and VI of this Act in
fiscal year 2016 by amounts apportioned or allocated pursuant to any
extension Act of MAP-21, including the amendments made by that
extension Act, during the period beginning on October 1, 2015, and
ending on the date of enactment of this Act. For purposes of making
such reductions, funds set aside pursuant to section 133(h) of title
23, United States Code, as amended by this Act, shall be reduced by the
amount set aside pursuant to section 213 of such title, as in effect on
the day before the date of enactment of this Act.
SEC. 1003. EFFECTIVE DATE.
Except as otherwise provided, this division, including the
amendments made by this division, takes effect on October 1, 2015.
SEC. 1004. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in this division shall be treated as referring only to
the provisions of this division.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Federal-aid highway program.--For the national highway
performance program under section 119 of title 23, United States
Code, the surface transportation block grant program under section
133 of that title, the highway safety improvement program under
section 148 of that title, the congestion mitigation and air
quality improvement program under section 149 of that title, the
national highway freight program under section 167 of that title,
and to carry out section 134 of that title--
(A) $39,727,500,000 for fiscal year 2016;
(B) $40,547,805,000 for fiscal year 2017;
(C) $41,424,020,075 for fiscal year 2018;
(D) $42,358,903,696 for fiscal year 2019; and
(E) $43,373,294,311 for fiscal year 2020.
(2) Transportation infrastructure finance and innovation
program.--For credit assistance under the transportation
infrastructure finance and innovation program under chapter 6 of
title 23, United States Code--
(A) $275,000,000 for fiscal year 2016;
(B) $275,000,000 for fiscal year 2017;
(C) $285,000,000 for fiscal year 2018;
(D) $300,000,000 for fiscal year 2019; and
(E) $300,000,000 for fiscal year 2020.
(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; and
(v) $505,000,000 for fiscal year 2020.
(B) Federal lands transportation program.--
(i) In general.--For the Federal lands transportation
program under section 203 of title 23, United States Code--
(I) $335,000,000 for fiscal year 2016;
(II) $345,000,000 for fiscal year 2017;
(III) $355,000,000 for fiscal year 2018;
(IV) $365,000,000 for fiscal year 2019; and
(V) $375,000,000 for fiscal year 2020.
(ii) Allocation.--Of the amount made available for a
fiscal year under clause (i)--
(I) the amount for the National Park Service is--
(aa) $268,000,000 for fiscal year 2016;
(bb) $276,000,000 for fiscal year 2017;
(cc) $284,000,000 for fiscal year 2018;
(dd) $292,000,000 for fiscal year 2019; and
(ee) $300,000,000 for fiscal year 2020.
(II) the amount for the United States Fish and
Wildlife Service is $30,000,000 for each of fiscal
years 2016 through 2020; and
(III) the amount for the United States Forest
Service is--
(aa) $15,000,000 for fiscal year 2016;
(bb) $16,000,000 for fiscal year 2017;
(cc) $17,000,000 for fiscal year 2018;
(dd) $18,000,000 for fiscal year 2019; and
(ee) $19,000,000 for fiscal year 2020.
(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; and
(v) $270,000,000 for fiscal year 2020.
(4) Territorial and puerto rico highway program.--For the
territorial and Puerto Rico highway program under section 165 of
title 23, United States Code, $200,000,000 for each of fiscal years
2016 through 2020.
(5) Nationally significant freight and highway projects.--For
nationally significant freight and highway projects under section
117 of title 23, United States Code--
(A) $800,000,000 for fiscal year 2016;
(B) $850,000,000 for fiscal year 2017;
(C) $900,000,000 for fiscal year 2018;
(D) $950,000,000 for fiscal year 2019; and
(E) $1,000,000,000 for fiscal year 2020.
(b) Disadvantaged Business Enterprises.--
(1) Findings.--Congress finds that--
(A) while significant progress has occurred due to the
establishment of the disadvantaged business enterprise program,
discrimination and related barriers continue to pose
significant obstacles for minority- and women-owned businesses
seeking to do business in federally assisted surface
transportation markets across the United States;
(B) the continuing barriers described in subparagraph (A)
merit the continuation of the disadvantaged business enterprise
program;
(C) Congress has received and reviewed testimony and
documentation of race and gender discrimination from numerous
sources, including congressional hearings and roundtables,
scientific reports, reports issued by public and private
agencies, news stories, reports of discrimination by
organizations and individuals, and discrimination lawsuits,
which show that race- and gender-neutral efforts alone are
insufficient to address the problem;
(D) the testimony and documentation described in
subparagraph (C) demonstrate that discrimination across the
United States poses a barrier to full and fair participation in
surface transportation-related businesses of women business
owners and minority business owners and has impacted firm
development and many aspects of surface transportation-related
business in the public and private markets; and
(E) the testimony and documentation described in
subparagraph (C) provide a strong basis that there is a
compelling need for the continuation of the disadvantaged
business enterprise program to address race and gender
discrimination in surface transportation-related business.
(2) Definitions.--In this subsection, the following definitions
apply:
(A) Small business concern.--
(i) In general.--The term ``small business concern''
means a small business concern (as the term is used in
section 3 of the Small Business Act (15 U.S.C. 632)).
(ii) Exclusions.--The term ``small business concern''
does not include any concern or group of concerns
controlled by the same socially and economically
disadvantaged individual or individuals that have average
annual gross receipts during the preceding 3 fiscal years
in excess of $23,980,000, as adjusted annually by the
Secretary for inflation.
(B) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' has the meaning given the term in section 8(d) of
the Small Business Act (15 U.S.C. 637(d)) and relevant
subcontracting regulations issued pursuant to that Act, except
that women shall be presumed to be socially and economically
disadvantaged individuals for purposes of this subsection.
(3) Amounts for small business concerns.--Except to the extent
that the Secretary determines otherwise, not less than 10 percent
of the amounts made available for any program under titles I, II,
III, and VI of this Act and section 403 of title 23, United States
Code, shall be expended through small business concerns owned and
controlled by socially and economically disadvantaged individuals.
(4) Annual listing of disadvantaged business enterprises.--Each
State shall annually--
(A) survey and compile a list of the small business
concerns referred to in paragraph (3) in the State, including
the location of the small business concerns in the State; and
(B) notify the Secretary, in writing, of the percentage of
the small business concerns that are controlled by--
(i) women;
(ii) socially and economically disadvantaged
individuals (other than women); and
(iii) individuals who are women and are otherwise
socially and economically disadvantaged individuals.
(5) Uniform certification.--
(A) In general.--The Secretary shall establish minimum
uniform criteria for use by State governments in certifying
whether a concern qualifies as a small business concern for the
purpose of this subsection.
(B) Inclusions.--The minimum uniform criteria established
under subparagraph (A) shall include, with respect to a
potential small business concern--
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of principal owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(6) Reporting.--The Secretary shall establish minimum
requirements for use by State governments in reporting to the
Secretary--
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) such other information as the Secretary determines to
be appropriate for the proper monitoring of the disadvantaged
business enterprise program.
(7) Compliance with court orders.--Nothing in this subsection
limits the eligibility of an individual or entity to receive funds
made available under titles I, II, III, and VI of this Act and
section 403 of title 23, United States Code, if the entity or
person is prevented, in whole or in part, from complying with
paragraph (3) because a Federal court issues a final order in which
the court finds that a requirement or the implementation of
paragraph (3) is unconstitutional.
(8) Sense of congress on prompt payment of dbe
subcontractors.--It is the sense of Congress that--
(A) the Secretary should take additional steps to ensure
that recipients comply with section 26.29 of title 49, Code of
Federal Regulations (the disadvantaged business enterprises
prompt payment rule), or any corresponding regulation, in
awarding federally funded transportation contracts under laws
and regulations administered by the Secretary; and
(B) such additional steps should include increasing the
Department's ability to track and keep records of complaints
and to make that information publicly available.
SEC. 1102. OBLIGATION CEILING.
(a) General Limitation.--Subject to subsection (e), and
notwithstanding any other provision of law, the obligations for
Federal-aid highway and highway safety construction programs shall not
exceed--
(1) $42,361,000,000 for fiscal year 2016;
(2) $43,266,100,000 for fiscal year 2017;
(3) $44,234,212,000 for fiscal year 2018;
(4) $45,268,596,000 for fiscal year 2019; and
(5) $46,365,092,000 for fiscal year 2020.
(b) Exceptions.--The limitations under subsection (a) shall not
apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act of
1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat.
1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101
Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation authority
was made available under the Transportation Equity Act for the 21st
Century (112 Stat. 107) or subsequent Acts for multiple years or to
remain available until expended, but only to the extent that the
obligation authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (as in effect
for fiscal years 2005 through 2012, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 Stat.
1248), to the extent that funds obligated in accordance with that
section were not subject to a limitation on obligations at the time
at which the funds were initially made available for obligation;
(12) section 119 of title 23, United States Code (as in effect
for fiscal years 2013 through 2015, but only in an amount equal to
$639,000,000 for each of those fiscal years); and
(13) section 119 of title 23, United States Code (but, for
fiscal years 2016 through 2020, 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 2020, the Secretary--
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code; and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated balance
of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or apportioned
by the Secretary under section 202 or 204 of title 23, United
States Code); and
(B) for which obligation authority was provided in a
previous fiscal year;
(3) shall determine the proportion that--
(A) the obligation authority provided by subsection (a) for
the fiscal year, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (12) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(13) for the fiscal year),
less the aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by the
Secretary under this Act and title 23, United States Code, or
apportioned by the Secretary under sections 202 or 204 of that
title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for the fiscal year; and
(5) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under paragraph
(4), for Federal-aid highway and highway safety construction
programs that are apportioned by the Secretary under title 23,
United States Code (other than the amounts apportioned for the
national highway performance program in section 119 of title 23,
United States Code, that are exempt from the limitation under
subsection (b)(13) and the amounts apportioned under sections 202
and 204 of that title) in the proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for the fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for the fiscal year.
(d) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (c), the Secretary shall, after August 1 of each of fiscal
years 2016 through 2020--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed cannot be
obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed during
that fiscal year, giving priority to those States having large
unobligated balances of funds apportioned under sections 144 (as in
effect on the day before the date of enactment of MAP-21 (Public
Law 112-141)) and 104 of title 23, United States Code.
(e) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply to
contract authority for transportation research programs carried out
under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI of this Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(f) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation authority under subsection (c) for each
of fiscal years 2016 through 2020, the Secretary shall distribute
to the States any funds (excluding funds authorized for the program
under section 202 of title 23, United States Code) that--
(A) are authorized to be appropriated for the fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under section
204 of title 23, United States Code), and will not be available
for obligation, for the fiscal year because of the imposition
of any obligation limitation for the fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1) in
the same proportion as the distribution of obligation authority
under subsection (c)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
SEC. 1103. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended--
(1) by striking paragraph (29);
(2) by redesignating paragraphs (15) through (28) as paragraphs
(16) through (29), respectively; and
(3) by inserting after paragraph (14) the following:
``(15) National highway freight network.--The term `National
Highway Freight Network' means the National Highway Freight Network
established under section 167.''.
SEC. 1104. APPORTIONMENT.
(a) Administrative Expenses.--Section 104(a)(1) of title 23, United
States Code, is amended to read as follows:
``(1) In general.--There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account) to be
made available to the Secretary for administrative expenses of the
Federal Highway Administration--
``(A) $453,000,000 for fiscal year 2016;
``(B) $459,795,000 for fiscal year 2017;
``(C) $466,691,925 for fiscal year 2018;
``(D) $473,692,304 for fiscal year 2019; and
``(E) $480,797,689 for fiscal year 2020.''.
(b) Division Among Programs of State's Share of Base
Apportionment.--Section 104(b) of title 23, United States Code, is
amended--
(1) by striking ``(b) Division of'' and all that follows before
paragraph (1) and inserting the following:
``(b) Division Among Programs of State's Share of Base
Apportionment.--The Secretary shall distribute the amount of the base
apportionment apportioned to a State for a fiscal year under subsection
(c) among the national highway performance program, the surface
transportation block grant program, the highway safety improvement
program, the congestion mitigation and air quality improvement program,
the national highway freight program, and to carry out section 134 as
follows:'';
(2) in paragraphs (1), (2), and (3) by striking ``paragraphs
(4) and (5)'' each place it appears and inserting ``paragraphs (4),
(5), and (6)'';
(3) in paragraph (2)--
(A) in the paragraph heading by striking ``Surface
transportation program'' and inserting ``Surface transportation
block grant program''; and
(B) by striking ``surface transportation program'' and
inserting ``surface transportation block grant program'';
(4) in paragraph (4), in the matter preceding subparagraph (A),
by striking ``the amount determined for the State under subsection
(c)'' and inserting ``the amount of the base apportionment
remaining for the State under subsection (c) after making the set
aside in accordance with paragraph (5)'';
(5) by redesignating paragraph (5) as paragraph (6);
(6) by inserting after paragraph (4) the following:
``(5) National highway freight program.--
``(A) In general.--For the national highway freight program
under section 167, the Secretary shall set aside from the base
apportionment 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 highway freight program for all States shall be--
``(i) $1,150,000,000 for fiscal year 2016;
``(ii) $1,100,000,000 for fiscal year 2017;
``(iii) $1,200,000,000 for fiscal year 2018;
``(iv) $1,350,000,000 for fiscal year 2019; and
``(v) $1,500,000,000 for fiscal year 2020.
``(C) State share.--For each fiscal year, the Secretary
shall distribute among the States the total set-aside amount
for the national highway freight program under subparagraph (B)
so that each State receives the amount equal to the proportion
that--
``(i) the total base apportionment determined for the
State under subsection (c); bears to
``(ii) the total base apportionments for all States
under subsection (c).
``(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
(7) in paragraph (6) (as so redesignated), in the matter
preceding subparagraph (A), by striking ``the amount determined for
the State under subsection (c)'' and inserting ``the amount of the
base apportionment remaining for a State under subsection (c) after
making the set aside in accordance with paragraph (5)''.
(c) Calculation of State Amounts.--Section 104(c) of title 23,
United States Code, is amended to read as follows:
``(c) Calculation of Amounts.--
``(1) State share.--For each of fiscal years 2016 through 2020,
the amount for each State shall be determined as follows:
``(A) Initial amounts.--The initial amounts for each State
shall be determined by multiplying--
``(i) each of--
``(I) the base apportionment;
``(II) supplemental funds reserved under subsection
(h)(1) for the national highway performance program;
and
``(III) supplemental funds reserved under
subsection (h)(2) for the surface transportation block
grant program; by
``(ii) the share for each State, which shall be equal
to the proportion that--
``(I) the amount of apportionments that the State
received for fiscal year 2015; bears to
``(II) the amount of those apportionments received
by all States for that fiscal year.
``(B) Adjustments to amounts.--The initial amounts
resulting from the calculation under subparagraph (A) shall be
adjusted to ensure that each State receives an aggregate
apportionment equal to at least 95 percent of the estimated tax
payments attributable to highway users in the State paid into
the Highway Trust Fund (other than the Mass Transit Account) in
the most recent fiscal year for which data are available.
``(2) State apportionment.--On October 1 of fiscal years 2016
through 2020, the Secretary shall apportion the sums authorized to
be appropriated for expenditure on the national highway performance
program under section 119, the surface transportation block grant
program under section 133, the highway safety improvement program
under section 148, the congestion mitigation and air quality
improvement program under section 149, the national highway freight
program under section 167, and to carry out section 134 in
accordance with paragraph (1).''.
(d) Supplemental Funds.--Section 104 of title 23, United States
Code, is amended by adding at the end the following:
``(h) Supplemental Funds.--
``(1) Supplemental funds for national highway performance
program.--
``(A) Amount.--Before making an apportionment for a fiscal
year under subsection (c), the Secretary shall reserve for the
national highway performance program under section 119 for that
fiscal year an amount equal to--
``(i) $53,596,122 for fiscal year 2019; and
``(ii) $66,717,816 for fiscal year 2020.
``(B) Treatment of funds.--Funds reserved under
subparagraph (A) and apportioned to a State under subsection
(c) shall be treated as if apportioned under subsection (b)(1),
and shall be in addition to amounts apportioned under that
subsection.
``(2) Supplemental funds for surface transportation block grant
program.--
``(A) Amount.--Before making an apportionment for a fiscal
year under subsection (c), the Secretary shall reserve for the
surface transportation block grant program under section 133
for that fiscal year an amount equal to--
``(i) $835,000,000 for each of fiscal years 2016 and
2017 pursuant to section 133(h), plus--
``(I) $55,426,310 for fiscal year 2016; and
``(II) $89,289,904 for fiscal year 2017; and
``(ii) $850,000,000 for each of fiscal years 2018
through 2020 pursuant to section 133(h), plus--
``(I) $118,013,536 for fiscal year 2018;
``(II) $130,688,367 for fiscal year 2019; and
``(III) $170,053,448 for fiscal year 2020.
``(B) Treatment of funds.--Funds reserved under
subparagraph (A) and apportioned to a State under subsection
(c) shall be treated as if apportioned under subsection (b)(2),
and shall be in addition to amounts apportioned under that
subsection.
``(i) Base Apportionment Defined.--In this section, the term `base
apportionment' means--
``(1) the combined amount authorized for appropriation for the
national highway performance program under section 119, the surface
transportation block grant program under section 133, the highway
safety improvement program under section 148, the congestion
mitigation and air quality improvement program under section 149,
the national highway freight program under section 167, and to
carry out section 134; minus
``(2) supplemental funds reserved under subsection (h) for the
national highway performance program and the surface transportation
block grant program.''.
(e) 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. 1105. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.
(a) In General.--Title 23, United States Code, is amended by
inserting after section 116 the following:
``Sec. 117. Nationally significant freight and highway projects
``(a) Establishment.--
``(1) In general.--There is established a nationally
significant freight and highway projects program to provide
financial assistance for projects of national or regional
significance.
``(2) Goals.--The goals of the program shall be to--
``(A) improve the safety, efficiency, and reliability of
the movement of freight and people;
``(B) generate national or regional economic benefits and
an increase in the global economic competitiveness of the
United States;
``(C) reduce highway congestion and bottlenecks;
``(D) improve connectivity between modes of freight
transportation;
``(E) enhance the resiliency of critical highway
infrastructure and help protect the environment;
``(F) improve roadways vital to national energy security;
and
``(G) address the impact of population growth on the
movement of people and freight.
``(b) Grant Authority.--
``(1) In general.--In carrying out the program established in
subsection (a), the Secretary may make grants, on a competitive
basis, in accordance with this section.
``(2) Grant amount.--Except as otherwise provided, each grant
made under this section shall be in an amount that is at least
$25,000,000.
``(c) Eligible Applicants.--
``(1) In general.--The Secretary may make a grant under this
section to the following:
``(A) A State or a group of States.
``(B) A metropolitan planning organization that serves an
urbanized area (as defined by the Bureau of the Census) with a
population of more than 200,000 individuals.
``(C) A unit of local government or a group of local
governments.
``(D) A political subdivision of a State or local
government.
``(E) A special purpose district or public authority with a
transportation function, including a port authority.
``(F) A Federal land management agency that applies jointly
with a State or group of States.
``(G) A tribal government or a consortium of tribal
governments.
``(H) A multistate or multijurisdictional group of entities
described in this paragraph.
``(2) Applications.--To be eligible for a grant under this
section, an entity specified in paragraph (1) shall submit to the
Secretary an application in such form, at such time, and containing
such information as the Secretary determines is appropriate.
``(d) Eligible Projects.--
``(1) In general.--Except as provided in subsection (e), the
Secretary may make a grant under this section only for a project
that--
``(A) is--
``(i) a highway freight project carried out on the
National Highway Freight Network established under section
167;
``(ii) a highway or bridge project carried out on the
National Highway System, including--
``(I) a project to add capacity to the Interstate
System to improve mobility; or
``(II) a project in a national scenic area;
``(iii) a freight project that is--
``(I) a freight intermodal or freight rail project;
or
``(II) within the boundaries of a public or private
freight rail, water (including ports), or intermodal
facility and that is a surface transportation
infrastructure project necessary to facilitate direct
intermodal interchange, transfer, or access into or out
of the facility; or
``(iv) a railway-highway grade crossing or grade
separation project; and
``(B) has eligible project costs that are reasonably
anticipated to equal or exceed the lesser of--
``(i) $100,000,000; or
``(ii) in the case of a project--
``(I) located in 1 State, 30 percent of the amount
apportioned under this chapter to the State in the most
recently completed fiscal year; or
``(II) located in more than 1 State, 50 percent of
the amount apportioned under this chapter to the
participating State with the largest apportionment
under this chapter in the most recently completed
fiscal year.
``(2) Limitation.--
``(A) In general.--Not more than $500,000,000 of the
amounts made available for grants under this section for fiscal
years 2016 through 2020, in the aggregate, may be used to make
grants for projects described in paragraph (1)(A)(iii) and such
a project may only receive a grant under this section if--
``(i) the project will make a significant improvement
to freight movements on the National Highway Freight
Network; and
``(ii) the Federal share of the project funds only
elements of the project that provide public benefits.
``(B) Exclusions.--The limitation under subparagraph (A)--
``(i) shall not apply to a railway-highway grade
crossing or grade separation project; and
``(ii) with respect to a multimodal project, shall
apply only to the non-highway portion or portions of the
project.
``(e) Small Projects.--
``(1) In general.--The Secretary shall reserve 10 percent of
the amounts made available for grants under this section each
fiscal year to make grants for projects described in subsection
(d)(1)(A) that do not satisfy the minimum threshold under
subsection (d)(1)(B).
``(2) Grant amount.--Each grant made under this subsection
shall be in an amount that is at least $5,000,000.
``(3) Project selection considerations.--In addition to other
applicable requirements, in making grants under this subsection the
Secretary shall consider--
``(A) the cost effectiveness of the proposed project; and
``(B) the effect of the proposed project on mobility in the
State and region in which the project is carried out.
``(f) Eligible Project Costs.--Grant amounts received for a project
under this section may be used for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental review,
preliminary engineering and design work, and other preconstruction
activities; and
``(2) construction, reconstruction, rehabilitation, acquisition
of real property (including land related to the project and
improvements to the land), environmental mitigation, construction
contingencies, acquisition of equipment, and operational
improvements directly related to improving system performance.
``(g) Project Requirements.--The Secretary may select a project
described under this section (other than subsection (e)) for funding
under this section only if the Secretary determines that--
``(1) the project will generate national or regional economic,
mobility, or safety benefits;
``(2) the project will be cost effective;
``(3) the project will contribute to the accomplishment of 1 or
more of the national goals described under section 150 of this
title;
``(4) the project is based on the results of preliminary
engineering;
``(5) with respect to related non-Federal financial
commitments--
``(A) 1 or more stable and dependable sources of funding
and financing are available to construct, maintain, and operate
the project; and
``(B) contingency amounts are available to cover
unanticipated cost increases;
``(6) the project cannot be easily and efficiently completed
without other Federal funding or financial assistance available to
the project sponsor; and
``(7) the project is reasonably expected to begin construction
not later than 18 months after the date of obligation of funds for
the project.
``(h) Additional Considerations.--In making a grant under this
section, the Secretary shall consider--
``(1) utilization of nontraditional financing, innovative
design and construction techniques, or innovative technologies;
``(2) utilization of non-Federal contributions; and
``(3) contributions to geographic diversity among grant
recipients, including the need for a balance between the needs of
rural and urban communities.
``(i) Rural Areas.--
``(1) In general.--The Secretary shall reserve not less than 25
percent of the amounts made available for grants under this
section, including the amounts made available under subsection (e),
each fiscal year to make grants for projects located in rural
areas.
``(2) Excess funding.--In any fiscal year in which qualified
applications for grants under this subsection will not allow for
the amount reserved under paragraph (1) to be fully utilized, the
Secretary shall use the unutilized amounts to make other grants
under this section.
``(3) Rural area defined.--In this subsection, the term `rural
area' means an area that is outside an urbanized area with a
population of over 200,000.
``(j) Federal Share.--
``(1) In general.--The Federal share of the cost of a project
assisted with a grant under this section may not exceed 60 percent.
``(2) Maximum federal involvement.--Federal assistance other
than a grant under this section may be used to satisfy the non-
Federal share of the cost of a project for which such a grant is
made, except that the total Federal assistance provided for a
project receiving a grant under this section may not exceed 80
percent of the total project cost.
``(3) Federal land management agencies.--Notwithstanding any
other provision of law, any Federal funds other than those made
available under this title or title 49 may be used to pay the non-
Federal share of the cost of a project carried out under this
section by a Federal land management agency, as described under
subsection (c)(1)(F).
``(k) Treatment of Freight Projects.--Notwithstanding any other
provision of law, a freight project carried out under this section
shall be treated as if the project is located on a Federal-aid highway.
``(l) TIFIA Program.--At the request of an eligible applicant under
this section, the Secretary may use amounts awarded to the entity to
pay subsidy and administrative costs necessary to provide the entity
Federal credit assistance under chapter 6 with respect to the project
for which the grant was awarded.
``(m) Congressional Notification.--
``(1) Notification.--
``(A) In general.--At least 60 days before making a grant
for a project under this section, the Secretary shall notify,
in writing, the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Environment and Public Works of the Senate of the proposed
grant. The notification shall include an evaluation and
justification for the project and the amount of the proposed
grant award.
``(B) Multimodal projects.--In addition to the notice
required under subparagraph (A), the Secretary shall notify the
Committee on Commerce, Science, and Transportation of the
Senate before making a grant for a project described in
subsection (d)(1)(A)(iii).
``(2) Congressional disapproval.--The Secretary may not make a
grant or any other obligation or commitment to fund a project under
this section if a joint resolution is enacted disapproving funding
for the project before the last day of the 60-day period described
in paragraph (1).
``(n) Reports.--
``(1) Annual report.--The Secretary shall make available on the
Web site of the Department of Transportation 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 under this
section.
``(B) Report.--Not later than 1 year after the initial
awarding of grants under this section, the Comptroller General
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; and
``(ii) the justification and criteria used for the
selection of each project, if applicable.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 116 the following:
``117. Nationally significant freight and highway projects.''.
(c) Repeal.--Section 1301 of SAFETEA-LU (23 U.S.C. 101 note), and
the item relating to that section in the table of contents in section
1(b) of such Act, are repealed.
SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
Section 119 of title 23, United States Code, is amended by adding
at the end the following:
``(h) TIFIA Program.--Upon Secretarial approval of credit
assistance under chapter 6, the Secretary, at the request of a State,
may allow the State to use funds apportioned under section 104(b)(1) to
pay subsidy and administrative costs necessary to provide an eligible
entity Federal credit assistance under chapter 6 with respect to a
project eligible for assistance under this section.
``(i) Additional Funding Eligibility for Certain Bridges.--
``(1) In general.--Funds apportioned to a State to carry out
the national highway performance program may be obligated for a
project for the reconstruction, resurfacing, restoration,
rehabilitation, or preservation of a bridge not on the National
Highway System, if the bridge is on a Federal-aid highway.
``(2) Limitation.--A State required to make obligations under
subsection (f) shall ensure such requirements are satisfied in
order to use the flexibility under paragraph (1).
``(j) Critical Infrastructure.--
``(1) Critical infrastructure defined.--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) Consideration.--The asset management plan of a State may
include consideration of critical infrastructure 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
critical infrastructure in the State.''.
SEC. 1107. 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) Definitions.--Section 125(e) of title 23, United States Code,
is amended by striking paragraph (1) and inserting the following:
``(1) Definitions.--In this subsection, the following
definitions apply:
``(A) Open to public travel.--The term `open to public
travel' means, with respect to a road, that, except during
scheduled periods, extreme weather conditions, or emergencies,
the road--
``(i) is maintained;
``(ii) is open to the general public; and
``(iii) can accommodate travel by a standard passenger
vehicle, without restrictive gates or prohibitive signs or
regulations, other than for general traffic control or
restrictions based on size, weight, or class of
registration.
``(B) Standard passenger vehicle.--The term `standard
passenger vehicle' means a vehicle with 6 inches of clearance
from the lowest point of the frame, body, suspension, or
differential to the ground.''.
SEC. 1108. RAILWAY-HIGHWAY GRADE CROSSINGS.
Section 130(e)(1) of title 23, United States Code, is amended to
read as follows:
``(1) In general.--
``(A) Set aside.--Before making an apportionment under
section 104(b)(3) for a fiscal year, the Secretary shall set
aside, from amounts made available to carry out the highway
safety improvement program under section 148 for such fiscal
year, for the elimination of hazards and the installation of
protective devices at railway-highway crossings at least--
``(i) $225,000,000 for fiscal year 2016;
``(ii) $230,000,000 for fiscal year 2017;
``(iii) $235,000,000 for fiscal year 2018;
``(iv) $240,000,000 for fiscal year 2019; and
``(v) $245,000,000 for fiscal year 2020.
``(B) Installation of protective devices.--At least \1/2\
of the funds set aside each fiscal year under subparagraph (A)
shall be available for the installation of protective devices
at railway-highway crossings.
``(C) Obligation availability.--Sums set aside each fiscal
year under subparagraph (A) shall be available for obligation
in the same manner as funds apportioned under section
104(b)(1).''.
SEC. 1109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.
(a) Findings.--Congress finds that--
(1) the benefits of the surface transportation block grant
program accrue principally to the residents of each State and
municipality where the funds are obligated;
(2) decisions about how funds should be obligated are best
determined by the States and municipalities to respond to unique
local circumstances and implement the most efficient solutions; and
(3) reforms of the program to promote flexibility will enhance
State and local control over transportation decisions.
(b) Surface Transportation Block Grant Program.--Section 133 of
title 23, United States Code, is amended--
(1) by striking subsections (a), (b), (c), and (d) and
inserting the following:
``(a) Establishment.--The Secretary shall establish a surface
transportation block grant program in accordance with this section to
provide flexible funding to address State and local transportation
needs.
``(b) Eligible Projects.--Funds apportioned to a State under
section 104(b)(2) for the surface transportation block grant program
may be obligated for the following:
``(1) Construction of--
``(A) highways, bridges, tunnels, including designated
routes of the Appalachian development highway system and local
access roads under section 14501 of title 40;
``(B) ferry boats and terminal facilities eligible for
funding under section 129(c);
``(C) transit capital projects eligible for assistance
under chapter 53 of title 49;
``(D) infrastructure-based intelligent transportation
systems capital improvements;
``(E) truck parking facilities eligible for funding under
section 1401 of MAP-21 (23 U.S.C. 137 note); and
``(F) border infrastructure projects eligible for funding
under section 1303 of SAFETEA-LU (23 U.S.C. 101 note).
``(2) Operational improvements and capital and operating costs
for traffic monitoring, management, and control facilities and
programs.
``(3) Environmental measures eligible under sections 119(g),
328, and 329 and transportation control measures listed in section
108(f)(1)(A) (other than clause (xvi) of that section) of the Clean
Air Act (42 U.S.C. 7408(f)(1)(A)).
``(4) Highway and transit safety infrastructure improvements
and programs, including railway-highway grade crossings.
``(5) Fringe and corridor parking facilities and programs in
accordance with section 137 and carpool projects in accordance with
section 146.
``(6) Recreational trails projects eligible for funding under
section 206, pedestrian and bicycle projects in accordance with
section 217 (including modifications to comply with accessibility
requirements under the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.)), and the safe routes to school program under
section 1404 of SAFETEA-LU (23 U.S.C. 402 note).
``(7) Planning, design, or construction of boulevards and other
roadways largely in the right-of-way of former Interstate System
routes or other divided highways.
``(8) Development and implementation of a State asset
management plan for the National Highway System and a performance-
based management program for other public roads.
``(9) Protection (including painting, scour countermeasures,
seismic retrofits, impact protection measures, security
countermeasures, and protection against extreme events) for bridges
(including approaches to bridges and other elevated structures) and
tunnels on public roads, and inspection and evaluation of bridges
and tunnels and other highway assets.
``(10) Surface transportation planning programs, highway and
transit research and development and technology transfer programs,
and workforce development, training, and education under chapter 5
of this title.
``(11) Surface transportation infrastructure modifications to
facilitate direct intermodal interchange, transfer, and access into
and out of a port terminal.
``(12) Projects and strategies designed to support congestion
pricing, including electronic toll collection and travel demand
management strategies and programs.
``(13) At the request of a State, and upon Secretarial approval
of credit assistance under chapter 6, subsidy and administrative
costs necessary to provide an eligible entity Federal credit
assistance under chapter 6 with respect to a project eligible for
assistance under this section.
``(14) The creation and operation by a State of an office to
assist in the design, implementation, and oversight of public-
private partnerships eligible to receive funding under this title
and chapter 53 of title 49, and the payment of a stipend to
unsuccessful private bidders to offset their proposal development
costs, if necessary to encourage robust competition in public-
private partnership procurements.
``(15) Any type of project eligible under this section as in
effect on the day before the date of enactment of the FAST Act,
including projects described under section 101(a)(29) as in effect
on such day.
``(c) Location of Projects.--A surface transportation block grant
project may not be undertaken on a road functionally classified as a
local road or a rural minor collector unless the road was on a Federal-
aid highway system on January 1, 1991, except--
``(1) for a bridge or tunnel project (other than the
construction of a new bridge or tunnel at a new location);
``(2) for a project described in paragraphs (4) through (11) of
subsection (b);
``(3) for a project described in section 101(a)(29), as in
effect on the day before the date of enactment of the FAST Act; and
``(4) as approved by the Secretary.
``(d) Allocations of Apportioned Funds to Areas Based on
Population.--
``(1) Calculation.--Of the funds apportioned to a State under
section 104(b)(2) (after the reservation of funds under subsection
(h))--
``(A) the percentage specified in paragraph (6) for a
fiscal year shall be obligated under this section, in
proportion to their relative shares of the population of the
State--
``(i) in urbanized areas of the State with an urbanized
area population of over 200,000;
``(ii) in areas of the State other than urban areas
with a population greater than 5,000; and
``(iii) in other areas of the State; and
``(B) the remainder may be obligated in any area of the
State.
``(2) Metropolitan areas.--Funds attributed to an urbanized
area under paragraph (1)(A)(i) may be obligated in the metropolitan
area established under section 134 that encompasses the urbanized
area.
``(3) Consultation with regional transportation planning
organizations.--For purposes of paragraph (1)(A)(iii), before
obligating funding attributed to an area with a population greater
than 5,000 and less than 200,000, a State shall consult with the
regional transportation planning organizations that represent the
area, if any.
``(4) Distribution among urbanized areas of over 200,000
population.--
``(A) In general.--Except as provided in subparagraph (B),
the amount of funds that a State is required to obligate under
paragraph (1)(A)(i) shall be obligated in urbanized areas
described in paragraph (1)(A)(i) based on the relative
population of the areas.
``(B) Other factors.--The State may obligate the funds
described in subparagraph (A) based on other factors if the
State and the relevant metropolitan planning organizations
jointly apply to the Secretary for the permission to base the
obligation on other factors and the Secretary grants the
request.
``(5) Applicability of planning requirements.--Programming and
expenditure of funds for projects under this section shall be
consistent with sections 134 and 135.
``(6) Percentage.--The percentage referred to in paragraph
(1)(A) is--
``(A) for fiscal year 2016, 51 percent;
``(B) for fiscal year 2017, 52 percent;
``(C) for fiscal year 2018, 53 percent;
``(D) for fiscal year 2019, 54 percent; and
``(E) for fiscal year 2020, 55 percent.'';
(2) by striking the section heading and inserting ``Surface
transportation block grant program'';
(3) by striking subsection (e);
(4) by redesignating subsections (f) through (h) as subsections
(e) through (g), respectively;
(5) in subsection (e)(1), as redesignated by this subsection--
(A) by striking ``104(b)(3)'' and inserting ``104(b)(2)'';
and
(B) by striking ``fiscal years 2011 through 2014'' and
inserting ``fiscal years 2016 through 2020'';
(6) in subsection (g)(1), as redesignated by this subsection,
by striking ``under subsection (d)(1)(A)(iii) for each of fiscal
years 2013 through 2014'' and inserting ``under subsection
(d)(1)(A)(ii) for each of fiscal years 2016 through 2020''; and
(7) by adding at the end the following:
``(h) STP Set-Aside.--
``(1) Reservation of funds.--Of the funds apportioned to a
State under section 104(b)(2) for each fiscal year, the Secretary
shall reserve an amount such that--
``(A) the Secretary reserves a total under this subsection
of--
``(i) $835,000,000 for each of fiscal years 2016 and
2017; and
``(ii) $850,000,000 for each of fiscal years 2018
through 2020; and
``(B) the State's share of that total is determined by
multiplying the amount under subparagraph (A) by the ratio
that--
``(i) the amount apportioned to the State for the
transportation enhancements program for fiscal year 2009
under section 133(d)(2), as in effect on the day before the
date of enactment of MAP-21; bears to
``(ii) the total amount of funds apportioned to all
States for the transportation enhancements program for
fiscal year 2009.
``(2) Allocation within a state.--Funds reserved for a State
under paragraph (1) shall be obligated within that State in the
manner described in subsection (d), except that, for purposes of
this paragraph (after funds are made available under paragraph
(5))--
``(A) for each fiscal year, the percentage referred to in
paragraph (1)(A) of that subsection shall be deemed to be 50
percent; and
``(B) the following provisions shall not apply:
``(i) Paragraph (3) of subsection (d).
``(ii) Subsection (e).
``(3) Eligible projects.--Funds reserved under this subsection
may be obligated for projects or activities described in section
101(a)(29) or 213, as such provisions were in effect on the day
before the date of enactment of the FAST Act.
``(4) Access to funds.--
``(A) In general.--A State or metropolitan planning
organization required to obligate funds in accordance with
paragraph (2) shall develop a competitive process to allow
eligible entities to submit projects for funding that achieve
the objectives of this subsection. A metropolitan planning
organization for an area described in subsection (d)(1)(A)(i)
shall select projects under such process in consultation with
the relevant State.
``(B) Eligible entity defined.--In this paragraph, the term
`eligible entity' means--
``(i) a local government;
``(ii) a regional transportation authority;
``(iii) a transit agency;
``(iv) a natural resource or public land agency;
``(v) a school district, local education agency, or
school;
``(vi) a tribal government;
``(vii) a nonprofit entity responsible for the
administration of local transportation safety programs; and
``(viii) any other local or regional governmental
entity with responsibility for or oversight of
transportation or recreational trails (other than a
metropolitan planning organization or a State agency) that
the State determines to be eligible, consistent with the
goals of this subsection.
``(5) Continuation of certain recreational trails projects.--
For each fiscal year, a State shall--
``(A) obligate an amount of funds reserved under this
section equal to the amount of the funds apportioned to the
State for fiscal year 2009 under section 104(h)(2), as in
effect on the day before the date of enactment of MAP-21, for
projects relating to recreational trails under section 206;
``(B) return 1 percent of those funds to the Secretary for
the administration of that program; and
``(C) comply with the provisions of the administration of
the recreational trails program under section 206, including
the use of apportioned funds described in subsection (d)(3)(A)
of that section.
``(6) State flexibility.--
``(A) Recreational trails.--A State may opt out of the
recreational trails program under paragraph (5) if the Governor
of the State notifies the Secretary not later than 30 days
prior to apportionments being made for any fiscal year.
``(B) Large urbanized areas.--A metropolitan planning area
may use not to exceed 50 percent of the funds reserved under
this subsection for an urbanized area described in subsection
(d)(1)(A)(i) for any purpose eligible under subsection (b).
``(7) Annual reports.--
``(A) In general.--Each State or metropolitan planning
organization responsible for carrying out the requirements of
this subsection shall submit to the Secretary an annual report
that describes--
``(i) 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 projects to be carried out,
expressed as percentages of the total apportionment of
the State under this subsection; and
``(ii) the number of projects selected for funding for
each fiscal year, including the aggregate cost and location
of projects selected.
``(B) Public availability.--The Secretary shall make
available to the public, in a user-friendly format on the Web
site of the Department of Transportation, a copy of each annual
report submitted under subparagraph (A).
``(i) Treatment of Projects.--Notwithstanding any other provision
of law, projects funded under this section (excluding those carried out
under subsection (h)(5)) shall be treated as projects on a Federal-aid
highway under this chapter.''.
(c) Technical and Conforming Amendments.--
(1) Section 126.--Section 126(b)(2) of title 23, United States
Code, is amended--
(A) by striking ``section 213'' and inserting ``section
133(h)''; and
(B) by striking ``section 213(c)(1)(B)'' and inserting
``section 133(h)''.
(2) Section 213.--Section 213 of title 23, United States Code,
is repealed.
(3) Section 322.--Section 322(h)(3) of title 23, United States
Code, is amended by striking ``surface transportation program'' and
inserting ``surface transportation block grant program''.
(4) Section 504.--Section 504(a)(4) of title 23, United States
Code, is amended--
(A) by striking ``104(b)(3)'' and inserting ``104(b)(2)'';
and
(B) by striking ``surface transportation program'' and
inserting ``surface transportation block grant program''.
(5) Chapter 1.--Chapter 1 of title 23, United States Code, is
amended by striking ``surface transportation program'' each place
it appears and inserting ``surface transportation block grant
program''.
(6) Chapter analyses.--
(A) Chapter 1.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to
section 133 and inserting the following:
``133. Surface transportation block grant program.''.
(B) Chapter 2.--The item relating to section 213 in the
analysis for chapter 2 of title 23, United States Code, is
repealed.
(7) Other references.--Any reference in any other law,
regulation, document, paper, or other record of the United States
to the surface transportation program under section 133 of title
23, United States Code, shall be deemed to be a reference to the
surface transportation block grant program under such section.
SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.
Section 143(b) of title 23, United States Code, is amended--
(1) by striking paragraph (2)(A) and inserting the following:
``(A) In general.--From administrative funds made available
under section 104(a), the Secretary may deduct such sums as are
necessary, not to exceed $4,000,000 for each of fiscal years
2016 through 2020, to carry out this section.'';
(2) in the heading for paragraph (8) by inserting ``block
grant'' after ``surface transportation''; and
(3) in paragraph (9) by inserting ``, the Committee on
Transportation and Infrastructure of the House of Representatives,
and the Committee on Environment and Public Works of the Senate''
after ``the Secretary''.
SEC. 1111. BUNDLING OF BRIDGE PROJECTS.
Section 144 of title 23, United States Code, is amended--
(1) in subsection (c)(2)(A) by striking ``the natural condition
of the bridge'' and inserting ``the natural condition of the
water'';
(2) by redesignating subsection (j) as subsection (k);
(3) by inserting after subsection (i) the following:
``(j) Bundling of Bridge Projects.--
``(1) Purpose.--The purpose of this subsection is to save costs
and time by encouraging States to bundle multiple bridge projects
as 1 project.
``(2) Eligible entity defined.--In this subsection, the term
`eligible entity' means an entity eligible to carry out a bridge
project under section 119 or 133.
``(3) Bundling of bridge projects.--An eligible entity may
bundle 2 or more similar bridge projects that are--
``(A) eligible projects under section 119 or 133;
``(B) included as a bundled project in a transportation
improvement program under section 134(j) or a statewide
transportation improvement program under section 135, as
applicable; and
``(C) awarded to a single contractor or consultant pursuant
to a contract for engineering and design or construction
between the contractor and an eligible entity.
``(4) Itemization.--Notwithstanding any other provision of law
(including regulations), a bundling of bridge projects under this
subsection may be listed as--
``(A) 1 project for purposes of sections 134 and 135; and
``(B) a single project.
``(5) Financial characteristics.--Projects bundled under this
subsection shall have the same financial characteristics,
including--
``(A) the same funding category or subcategory; and
``(B) the same Federal share.
``(6) Engineering cost reimbursement.--The provisions of
section 102(b) do not apply to projects carried out under this
subsection.''; and
(4) in subsection (k)(2), as redesignated by paragraph (2) of
this section, by striking ``104(b)(3)'' and inserting
``104(b)(2)''.
SEC. 1112. 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), in the subsection heading, by striking
``In General.--'' and inserting ``Program.--''; and
(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 amounts
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).
``(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) 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 2020.
``(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) 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 200 of title 2, Code of
Federal Regulations.
``(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. 1113. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) In General.--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) A physical infrastructure safety project not
described in clauses (i) through (xxvii).'';
(B) by striking paragraph (10); and
(C) by redesignating paragraphs (11) through (13) as
paragraphs (10) through (12), respectively;
(2) in subsection (c)(1)(A) by striking ``subsections (a)(12)''
and inserting ``subsections (a)(11)'';
(3) in subsection (d)(2)(B)(i) by striking ``subsection
(a)(12)'' and inserting ``subsection (a)(11)''; and
(4) 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) the State does not use funds provided to carry out
this section for a project on any such roads until the State
completes a collection of the required model inventory of
roadway elements for the applicable road segment; and
``(B) the State demonstrates that the State consulted with
affected Indian tribes before ceasing to collect data with
respect to such roads that are included in the National Tribal
Transportation Facility Inventory under section 202(b)(1) of
this title.
``(2) Rule of construction.--Nothing in this subsection may be
construed to allow a State to cease data collection related to
serious injuries or fatalities.''.
(b) Commercial Motor Vehicle Safety Best Practices.--
(1) Review.--The Secretary shall conduct a review of best
practices with respect to the implementation of roadway safety
infrastructure improvements that--
(A) are cost effective; and
(B) reduce the number or severity of accidents involving
commercial motor vehicles.
(2) Consultation.--In conducting the review under paragraph
(1), the Secretary shall consult with State transportation
departments and units of local government.
(3) Report.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate a
report describing the results of the review conducted under
paragraph (1).
SEC. 1114. 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 in the area of'';
(D) in paragraph (7) by striking ``or'' at the end;
(E) in paragraph (8)--
(i) in subparagraph (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''; and
(ii) in subparagraph (B) by striking the period at the
end and inserting ``; or''; and
(F) by adding at the end the following:
``(9) if the project or program is for the installation of
vehicle-to-infrastructure communication equipment.'';
(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) by striking paragraph (1)(B) and inserting the
following:
``(B) is eligible under the surface transportation block
grant program under section 133.'';
(B) 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 ``paragraph (l)''
and inserting ``subsection (k)(1)''; and
(ii) in subparagraph (B)(i) by striking ``MAP-21t'' and
inserting ``MAP-21''; and
(C) 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)(2)(B) by striking ``not later that'' and
inserting ``not later than'';
(5) in subsection (k) 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. 1115. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
Section 165(a) of title 23, United States Code, is amended--
(1) in paragraph (1) by striking ``$150,000,000'' and inserting
``$158,000,000''; and
(2) in paragraph (2) by striking ``$40,000,000'' and inserting
``$42,000,000''.
SEC. 1116. 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) In General.--
``(1) Policy.--It is the policy of the United States to improve
the condition and performance of the National Highway Freight
Network established under this section to ensure that the Network
provides the foundation for the United States to compete in the
global economy and achieve the goals described in subsection (b).
``(2) Establishment.--In support of the goals described in
subsection (b), the Administrator of the Federal Highway
Administration 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 bottlenecks on the National
Highway Freight Network;
``(C) reduce the cost of freight transportation;
``(D) improve the year-round 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 innovation and advanced technology to improve the
safety, efficiency, and reliability of the National Highway Freight
Network;
``(5) to improve the efficiency and productivity of the
National Highway Freight Network;
``(6) to improve the flexibility of States to support multi-
State corridor planning and the creation of multi-State
organizations to increase the ability of States to address highway
freight connectivity; and
``(7) to reduce the environmental impacts of freight movement
on the National Highway Freight Network.
``(c) Establishment of National Highway Freight Network.--
``(1) In general.--The Administrator shall establish a National
Highway Freight Network in accordance with this section to
strategically direct Federal resources and policies toward improved
performance of the Network.
``(2) Network components.--The National Highway Freight Network
shall consist of--
``(A) the 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.
``(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 the 41,518-mile network identified during the designation
process for the primary freight network under section 167(d) of
this title, as in effect on the day before the date of enactment of
the FAST Act.
``(2) Redesignation of primary highway freight system.--
``(A) In general.--Beginning 5 years after the date of
enactment of the FAST Act, and every 5 years thereafter, using
the designation factors described in subparagraph (E), the
Administrator shall redesignate the primary highway freight
system.
``(B) Redesignation mileage.--Each redesignation may
increase the mileage on the primary highway freight system by
not more than 3 percent of the total mileage of the system.
``(C) Use of measurable data.--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, destinations, and linking components of the
United States global and domestic supply chains.
``(D) Input.--In redesignating the primary highway freight
system, the Administrator shall provide an opportunity for
State freight advisory committees, as applicable, to submit
additional miles for consideration.
``(E) Factors for redesignation.--In redesignating the
primary highway freight system, the Administrator shall
consider--
``(i) changes in the origins and destinations of
freight movement in, to, and from the United States;
``(ii) changes in the percentage of annual daily truck
traffic in the annual average daily traffic on principal
arterials;
``(iii) changes in the location of key facilities;
``(iv) land and water ports of entry;
``(v) access to energy exploration, development,
installation, or production areas;
``(vi) access to other freight intermodal facilities,
including rail, air, water, and pipelines facilities;
``(vii) the total freight tonnage and value moved via
highways;
``(viii) significant freight bottlenecks, as identified
by the Administrator;
``(ix) the significance of goods movement on principal
arterials, including consideration of global and domestic
supply chains;
``(x) critical emerging freight corridors and critical
commerce corridors; and
``(xi) network connectivity.
``(e) Critical Rural Freight Corridors.--
``(1) In general.--A State may designate a public road within
the borders of the State as a critical rural freight corridor if
the public road is not in an urbanized area and--
``(A) 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);
``(B) provides access to energy exploration, development,
installation, or production areas;
``(C) connects the primary highway freight system, a
roadway described in subparagraph (A) or (B), or the Interstate
System to facilities that handle more than--
``(i) 50,000 20-foot equivalent units per year; or
``(ii) 500,000 tons per year of bulk commodities;
``(D) provides access to--
``(i) a grain elevator;
``(ii) an agricultural facility;
``(iii) a mining facility;
``(iv) a forestry facility; or
``(v) an intermodal facility;
``(E) connects to an international port of entry;
``(F) provides access to significant air, rail, water, or
other freight facilities in the State; or
``(G) is, in the determination of the State, vital to
improving the efficient movement of freight of importance to
the economy of the State.
``(2) Limitation.--A State may designate as critical rural
freight corridors a maximum of 150 miles of highway or 20 percent
of the primary highway freight system mileage in the State,
whichever is greater.
``(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 paragraph (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 system;
``(II) the Interstate System; or
``(III) an intermodal freight facility;
``(ii) is located within a corridor of a route on the
primary highway freight system 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.
``(4) Limitation.--For each State, a maximum of 75 miles of
highway or 10 percent of the primary highway freight system mileage
in the State, whichever is greater, may be designated as a critical
urban freight corridor under paragraphs (1) and (2).
``(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
FAST 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 2 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 2 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
FAST Act, a State may not obligate funds apportioned to the State
under section 104(b)(5) unless the State has developed a freight
plan in accordance with section 70202 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 identified in a freight investment plan
included in a freight plan of the State that is in effect.
``(B) Other projects.--For each fiscal year, a State may
obligate not more than 10 percent of the total apportionment of
the State under section 104(b)(5) for freight intermodal or
freight rail projects, including projects--
``(i) within the boundaries of public or private
freight rail or water facilities (including ports); and
``(ii) that provide surface transportation
infrastructure necessary to facilitate direct intermodal
interchange, transfer, and access into or 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 for
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).
``(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) Physical separation of passenger vehicles from
commercial motor freight.
``(xxi) Enhancement of the resiliency of critical
highway infrastructure, including highway infrastructure
that supports national energy security, to improve the flow
of freight.
``(xxii) A highway or bridge project, other than a
project described in clauses (i) through (xxi), to improve
the flow of freight on the National Highway Freight
Network.
``(xxiii) 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
the freight performance target under 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, the State shall
include in the next report submitted under section 150(e) a description
of the actions the State will undertake to achieve the targets,
including--
``(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 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) Intelligent Freight Transportation System.--
``(1) Definition of intelligent freight transportation
system.--In this section, the term `intelligent freight
transportation system' means--
``(A) innovative or intelligent technological
transportation systems, infrastructure, or facilities,
including elevated freight transportation facilities--
``(i) in proximity to, or within, an existing right of
way on a Federal-aid highway; or
``(ii) that connect land ports-of entry to existing
Federal-aid highways; or
``(B) communications or information processing systems that
improve the efficiency, security, or safety of freight
movements on the Federal-aid highway system, including to
improve the conveyance of freight on dedicated intelligent
freight lanes.
``(2) Operating standards.--The Administrator shall determine
whether there is a need for establishing operating standards for
intelligent freight transportation systems.
``(l) 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) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
167 and inserting the following:
``167. National highway freight program.''.
(c) Repeals.--Sections 1116, 1117, and 1118 of MAP-21 (23 U.S.C.
167 note), and the items relating to such sections in the table of
contents in section 1(c) of such Act, are repealed.
SEC. 1117. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.
(a) 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 last day of each fiscal year, any entity carrying out
a project under the tribal transportation program under section
202 shall submit to the Secretary and the Secretary of the
Interior, based on obligations and expenditures under the
tribal transportation program during the preceding fiscal year,
the following data:
``(i) The names of projects and activities carried out
by the entity under the tribal transportation program
during the preceding fiscal year.
``(ii) A description of the projects and activities
identified under clause (i).
``(iii) The current status of the projects and
activities identified under clause (i).
``(iv) An estimate of the number of jobs created and
the number of jobs retained by the projects and activities
identified under clause (i).''.
(b) Report on Tribal Government Transportation Safety Data.--
(1) Findings.--Congress finds that--
(A) in many States, the Native American population is
disproportionately represented in fatalities and crash
statistics;
(B) improved crash reporting by tribal law enforcement
agencies would facilitate safety planning and would enable
Indian tribes to apply more successfully for State and Federal
funds for safety improvements;
(C) the causes of underreporting of crashes on Indian
reservations include--
(i) tribal law enforcement capacity, including--
(I) staffing shortages and turnover; and
(II) lack of equipment, software, and training; and
(ii) lack of standardization in crash reporting forms
and protocols; and
(D) without more accurate reporting of crashes on Indian
reservations, it is difficult or impossible to fully understand
the nature of the problem and develop appropriate
countermeasures, which may include effective transportation
safety planning and programs aimed at--
(i) driving under the influence (DUI) prevention;
(ii) pedestrian safety;
(iii) roadway safety improvements;
(iv) seat belt usage; and
(v) proper use of child restraints.
(2) Report to congress.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, after consultation with
the Secretary of Interior, the Secretary of Health and Human
Services, the Attorney General, and Indian tribes, shall submit
to the Committee on Environment and Public Works and the
Committee on Indian Affairs of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Natural
Resources of the House of Representatives a report describing
the quality of transportation safety data collected by States,
counties, and Indian tribes for transportation safety systems
and the relevance of that data to improving the collection and
sharing of data on crashes on Indian reservations.
(B) Purposes.--The purposes of the report are--
(i) to improve the collection and sharing of data on
crashes on Indian reservations; and
(ii) to develop data that Indian tribes can use to
recover damages to tribal property caused by motorists.
(C) Paperless data reporting.--In preparing the report, the
Secretary shall provide States, counties, and Indian tribes
with options and best practices for transition to a paperless
transportation safety data reporting system that--
(i) improves the collection of crash reports;
(ii) stores, archives, queries, and shares crash
records; and
(iii) uses data exclusively--
(I) to address traffic safety issues on Indian
reservations; and
(II) to identify and improve problem areas on
public roads on Indian reservations.
(D) Additional budgetary resources.--The Secretary shall
include in the report the identification of Federal
transportation funds provided to Indian tribes by agencies in
addition to the Department and the Department of the Interior.
(c) Study on Bureau of Indian Affairs Road Safety.--Not later than
2 years after the date of enactment of this Act, the Secretary, in
consultation with the Secretary of Interior, the Attorney General,
States, and Indian tribes shall--
(1) complete a study that identifies and evaluates options for
improving safety on public roads on Indian reservations; and
(2) submit to the Committee on Environment and Public Works and
the Committee on Indian Affairs of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Natural
Resources of the House of Representatives a report describing the
results of the study.
SEC. 1118. 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. 1119. 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)--
(i) in the matter preceding clause (i) by inserting
``performance management, including'' after ``support'';
and
(ii) in clause (i)(II) by striking ``, and'' and
inserting ``; and''; and
(3) in subsection (c)(2)(B) by adding at the end the following:
``(vi) The Bureau of Reclamation.''.
SEC. 1120. 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 (and by moving the subclauses 2 ems to
the right);
(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 for each fiscal
year combine and use not greater than 5 percent 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. 1121. TRIBAL TRANSPORTATION SELF-GOVERNANCE PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 206 the following:
``Sec. 207. Tribal transportation self-governance program
``(a) Establishment.--Subject to the requirements of this section,
the Secretary shall establish and carry out a program to be known as
the tribal transportation self-governance program. The Secretary may
delegate responsibilities for administration of the program as the
Secretary determines appropriate.
``(b) Eligibility.--
``(1) In general.--Subject to paragraphs (2) and (3), an Indian
tribe shall be eligible to participate in the program if the Indian
tribe requests participation in the program by resolution or other
official action by the governing body of the Indian tribe, and
demonstrates, for the preceding 3 fiscal years, financial stability
and financial management capability, and transportation program
management capability.
``(2) Criteria for determining financial stability and
financial management capacity.--For the purposes of paragraph (1),
evidence that, during the preceding 3 fiscal years, an Indian tribe
had no uncorrected significant and material audit exceptions in the
required annual audit of the Indian tribe's self-determination
contracts or self-governance funding agreements with any Federal
agency shall be conclusive evidence of the required financial
stability and financial management capability.
``(3) Criteria for determining transportation program
management capability.--The Secretary shall require an Indian tribe
to demonstrate transportation program management capability,
including the capability to manage and complete projects eligible
under this title and projects eligible under chapter 53 of title
49, to gain eligibility for the program.
``(c) Compacts.--
``(1) Compact required.--Upon the request of an eligible Indian
tribe, and subject to the requirements of this section, the
Secretary shall negotiate and enter into a written compact with the
Indian tribe for the purpose of providing for the participation of
the Indian tribe in the program.
``(2) Contents.--A compact entered into under paragraph (1)
shall set forth the general terms of the government-to-government
relationship between the Indian tribe and the United States under
the program and other terms that will continue to apply in future
fiscal years.
``(3) Amendments.--A compact entered into with an Indian tribe
under paragraph (1) may be amended only by mutual agreement of the
Indian tribe and the Secretary.
``(d) Annual Funding Agreements.--
``(1) Funding agreement required.--After entering into a
compact with an Indian tribe under subsection (c), the Secretary
shall negotiate and enter into a written annual funding agreement
with the Indian tribe.
``(2) Contents.--
``(A) In general.--
``(i) Formula funding and discretionary grants.--A
funding agreement entered into with an Indian tribe shall
authorize the Indian tribe, as determined by the Indian
tribe, to plan, conduct, consolidate, administer, and
receive full tribal share funding, tribal transit formula
funding, and funding to tribes from discretionary and
competitive grants administered by the Department for all
programs, services, functions, and activities (or portions
thereof) that are made available to Indian tribes to carry
out tribal transportation programs and programs, services,
functions, and activities (or portions thereof)
administered by the Secretary that are otherwise available
to Indian tribes.
``(ii) Transfers of state funds.--
``(I) Inclusion of transferred funds in funding
agreement.--A funding agreement entered into with an
Indian tribe shall include Federal-aid funds
apportioned to a State under chapter 1 if the State
elects to provide a portion of such funds to the Indian
tribe for a project eligible under section 202(a). The
provisions of this section shall be in addition to the
methods for making funding contributions described in
section 202(a)(9). Nothing in this section shall
diminish the authority of the Secretary to provide
funds to an Indian tribe under section 202(a)(9).
``(II) Method for transfers.--If a State elects to
provide funds described in subclause (I) to an Indian
tribe--
``(aa) the transfer may occur in accordance
with section 202(a)(9); or
``(bb) the State shall transfer the funds back
to the Secretary and the Secretary shall transfer
the funds to the Indian tribe in accordance with
this section.
``(III) Responsibility for transferred funds.--
Notwithstanding any other provision of law, if a State
provides funds described in subclause (I) to an Indian
tribe--
``(aa) the State shall not be responsible for
constructing or maintaining a project carried out
using the funds or for administering or supervising
the project or funds during the applicable statute
of limitations period related to the construction
of the project; and
``(bb) the Indian tribe shall be responsible
for constructing and maintaining a project carried
out using the funds and for administering and
supervising the project and funds in accordance
with this section during the applicable statute of
limitations period related to the construction of
the project.
``(B) Administration of tribal shares.--The tribal shares
referred to in subparagraph (A) shall be provided without
regard to the agency or office of the Department within which
the program, service, function, or activity (or portion
thereof) is performed.
``(C) Flexible and innovative financing.--
``(i) In general.--A funding agreement entered into
with an Indian tribe under paragraph (1) shall include
provisions pertaining to flexible and innovative financing
if agreed upon by the parties.
``(ii) Terms and conditions.--
``(I) Authority to issue regulations.--The
Secretary may issue regulations to establish the terms
and conditions relating to the flexible and innovative
financing provisions referred to in clause (i).
``(II) Terms and conditions in absence of
regulations.--If the Secretary does not issue
regulations under subclause (I), the terms and
conditions relating to the flexible and innovative
financing provisions referred to in clause (i) shall be
consistent with--
``(aa) agreements entered into by the
Department under--
``(AA) section 202(b)(7); and
``(BB) section 202(d)(5), as in effect
before the date of enactment of MAP-21 (Public
Law 112-141); or
``(bb) regulations of the Department of the
Interior relating to flexible financing contained
in part 170 of title 25, Code of Federal
Regulations, as in effect on the date of enactment
of the FAST Act.
``(3) Terms.--A funding agreement shall set forth--
``(A) terms that generally identify the programs, services,
functions, and activities (or portions thereof) to be performed
or administered by the Indian tribe; and
``(B) for items identified in subparagraph (A)--
``(i) the general budget category assigned;
``(ii) the funds to be provided, including those funds
to be provided on a recurring basis;
``(iii) the time and method of transfer of the funds;
``(iv) the responsibilities of the Secretary and the
Indian tribe; and
``(v) any other provision agreed to by the Indian tribe
and the Secretary.
``(4) Subsequent funding agreements.--
``(A) Applicability of existing agreement.--Absent
notification from an Indian tribe that the Indian tribe is
withdrawing from or retroceding the operation of 1 or more
programs, services, functions, or activities (or portions
thereof) identified in a funding agreement, or unless otherwise
agreed to by the parties, each funding agreement shall remain
in full force and effect until a subsequent funding agreement
is executed.
``(B) Effective date of subsequent agreement.--The terms of
the subsequent funding agreement shall be retroactive to the
end of the term of the preceding funding agreement.
``(5) Consent of indian tribe required.--The Secretary shall
not revise, amend, or require additional terms in a new or
subsequent funding agreement without the consent of the Indian
tribe that is subject to the agreement unless such terms are
required by Federal law.
``(e) General Provisions.--
``(1) Redesign and consolidation.--
``(A) In general.--An Indian tribe, in any manner that the
Indian tribe considers to be in the best interest of the Indian
community being served, may--
``(i) redesign or consolidate programs, services,
functions, and activities (or portions thereof) included in
a funding agreement; and
``(ii) reallocate or redirect funds for such programs,
services, functions, and activities (or portions thereof),
if the funds are--
``(I) expended on projects identified in a
transportation improvement program approved by the
Secretary; and
``(II) used in accordance with the requirements
in--
``(aa) appropriations Acts;
``(bb) this title and chapter 53 of title 49;
and
``(cc) any other applicable law.
``(B) Exception.--Notwithstanding subparagraph (A), if,
pursuant to subsection (d), an Indian tribe receives a
discretionary or competitive grant from the Secretary or
receives State apportioned funds, the Indian tribe shall use
the funds for the purpose for which the funds were originally
authorized.
``(2) Retrocession.--
``(A) In general.--
``(i) Authority of indian tribes.--An Indian tribe may
retrocede (fully or partially) to the Secretary programs,
services, functions, or activities (or portions thereof)
included in a compact or funding agreement.
``(ii) Reassumption of remaining funds.--Following a
retrocession described in clause (i), the Secretary may--
``(I) reassume the remaining funding associated
with the retroceded programs, functions, services, and
activities (or portions thereof) included in the
applicable compact or funding agreement;
``(II) out of such remaining funds, transfer funds
associated with Department of Interior programs,
services, functions, or activities (or portions
thereof) to the Secretary of the Interior to carry out
transportation services provided by the Secretary of
the Interior; and
``(III) distribute funds not transferred under
subclause (II) in accordance with applicable law.
``(iii) Correction of programs.--If the Secretary makes
a finding under subsection (f)(2)(B) and no funds are
available under subsection (f)(2)(A)(ii), the Secretary
shall not be required to provide additional funds to
complete or correct any programs, functions, services, or
activities (or portions thereof).
``(B) Effective date.--Unless the Indian tribe rescinds a
request for retrocession, the retrocession shall become
effective within the timeframe specified by the parties in the
compact or funding agreement. In the absence of such a
specification, the retrocession shall become effective on--
``(i) the earlier of--
``(I) 1 year after the date of submission of the
request; or
``(II) the date on which the funding agreement
expires; or
``(ii) such date as may be mutually agreed upon by the
parties and, with respect to Department of the Interior
programs, functions, services, and activities (or portions
thereof), the Secretary of the Interior.
``(f) Provisions Relating to Secretary.--
``(1) Decisionmaker.--A decision that relates to an appeal of
the rejection of a final offer by the Department shall be made
either--
``(A) by an official of the Department who holds a position
at a higher organizational level within the Department than the
level of the departmental agency in which the decision that is
the subject of the appeal was made; or
``(B) by an administrative judge.
``(2) Termination of compact or funding agreement.--
``(A) Authority to terminate.--
``(i) Provision to be included in compact or funding
agreement.--A compact or funding agreement shall include a
provision authorizing the Secretary, if the Secretary makes
a finding described in subparagraph (B), to--
``(I) terminate the compact or funding agreement
(or a portion thereof); and
``(II) reassume the remaining funding associated
with the reassumed programs, functions, services, and
activities included in the compact or funding
agreement.
``(ii) Transfers of funds.--Out of any funds reassumed
under clause (i)(II), the Secretary may transfer the funds
associated with Department of the Interior programs,
functions, services, and activities (or portions thereof)
to the Secretary of the Interior to provide continued
transportation services in accordance with applicable law.
``(B) Findings resulting in termination.--The finding
referred to in subparagraph (A) is a specific finding of--
``(i) imminent jeopardy to a trust asset, natural
resources, or public health and safety that is caused by an
act or omission of the Indian tribe and that arises out of
a failure to carry out the compact or funding agreement, as
determined by the Secretary; or
``(ii) gross mismanagement with respect to funds or
programs transferred to the Indian tribe under the compact
or funding agreement, as determined by the Secretary in
consultation with the Inspector General of the Department,
as appropriate.
``(C) Prohibition.--The Secretary shall not terminate a
compact or funding agreement (or portion thereof) unless--
``(i) the Secretary has first provided written notice
and a hearing on the record to the Indian tribe that is
subject to the compact or funding agreement; and
``(ii) the Indian tribe has not taken corrective action
to remedy the mismanagement of funds or programs or the
imminent jeopardy to a trust asset, natural resource, or
public health and safety.
``(D) Exception.--
``(i) In general.--Notwithstanding subparagraph (C),
the Secretary, upon written notification to an Indian tribe
that is subject to a compact or funding agreement, may
immediately terminate the compact or funding agreement (or
portion thereof) if--
``(I) the Secretary makes a finding of imminent
substantial and irreparable jeopardy to a trust asset,
natural resource, or public health and safety; and
``(II) the jeopardy arises out of a failure to
carry out the compact or funding agreement.
``(ii) Hearings.--If the Secretary terminates a compact
or funding agreement (or portion thereof) under clause (i),
the Secretary shall provide the Indian tribe subject to the
compact or agreement with a hearing on the record not later
than 10 days after the date of such termination.
``(E) Burden of proof.--In any hearing or appeal involving
a decision to terminate a compact or funding agreement (or
portion thereof) under this paragraph, the Secretary shall have
the burden of proof in demonstrating by clear and convincing
evidence the validity of the grounds for the termination.
``(g) Cost Principles.--In administering funds received under this
section, an Indian tribe shall apply cost principles under the
applicable Office of Management and Budget circular, except as modified
by section 106 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450j-1), other provisions of law, or by any
exemptions to applicable Office of Management and Budget circulars
subsequently granted by the Office of Management and Budget. No other
audit or accounting standards shall be required by the Secretary. Any
claim by the Federal Government against the Indian tribe relating to
funds received under a funding agreement based on any audit conducted
pursuant to this subsection shall be subject to the provisions of
section 106(f) of that Act (25 U.S.C. 450j-1(f)).
``(h) Transfer of Funds.--The Secretary shall provide funds to an
Indian tribe under a funding agreement in an amount equal to--
``(1) the sum of the funding that the Indian tribe would
otherwise receive for the program, function, service, or activity
in accordance with a funding formula or other allocation method
established under this title or chapter 53 of title 49; and
``(2) such additional amounts as the Secretary determines equal
the amounts that would have been withheld for the costs of the
Bureau of Indian Affairs for administration of the program or
project.
``(i) Construction Programs.--
``(1) Standards.--Construction projects carried out under
programs administered by an Indian tribe with funds transferred to
the Indian tribe pursuant to a funding agreement entered into under
this section shall be constructed pursuant to the construction
program standards set forth in applicable regulations or as
specifically approved by the Secretary (or the Secretary's
designee).
``(2) Monitoring.--Construction programs shall be monitored by
the Secretary in accordance with applicable regulations.
``(j) Facilitation.--
``(1) Secretarial interpretation.--Except as otherwise provided
by law, the Secretary shall interpret all Federal laws, Executive
orders, and regulations in a manner that will facilitate--
``(A) the inclusion of programs, services, functions, and
activities (or portions thereof) and funds associated
therewith, in compacts and funding agreements; and
``(B) the implementation of the compacts and funding
agreements.
``(2) Regulation waiver.--
``(A) In general.--An Indian tribe may submit to the
Secretary a written request to waive application of a
regulation promulgated under this section with respect to a
compact or funding agreement. The request shall identify the
regulation sought to be waived and the basis for the request.
``(B) Approvals and denials.--
``(i) In general.--Not later than 90 days after the
date of receipt of a written request under subparagraph
(A), the Secretary shall approve or deny the request in
writing.
``(ii) Review.--The Secretary shall review any
application by an Indian tribe for a waiver bearing in mind
increasing opportunities for using flexible policy
approaches at the Indian tribal level.
``(iii) Deemed approval.--If the Secretary does not
approve or deny a request submitted under subparagraph (A)
on or before the last day of the 90-day period referred to
in clause (i), the request shall be deemed approved.
``(iv) Denials.--If the application for a waiver is not
granted, the agency shall provide the applicant with the
reasons for the denial as part of the written response
required in clause (i).
``(v) Finality of decisions.--A decision by the
Secretary under this subparagraph shall be final for the
Department.
``(k) Disclaimers.--
``(1) Existing authority.--Notwithstanding any other provision
of law, upon the election of an Indian tribe, the Secretary shall--
``(A) maintain current tribal transportation program
funding agreements and program agreements; or
``(B) enter into new agreements under the authority of
section 202(b)(7).
``(2) Limitation on statutory construction.--Nothing in this
section may be construed to impair or diminish the authority of the
Secretary under section 202(b)(7).
``(l) Applicability of Indian Self-Determination and Education
Assistance Act.--Except to the extent in conflict with this section (as
determined by the Secretary), the following provisions of the Indian
Self-Determination and Education Assistance Act shall apply to compact
and funding agreements (except that any reference to the Secretary of
the Interior or the Secretary of Health and Human Services in such
provisions shall be treated as a reference to the Secretary of
Transportation):
``(1) Subsections (a), (b), (d), (g), and (h) of section 506 of
such Act (25 U.S.C. 458aaa-5), relating to general provisions.
``(2) Subsections (b) through (e) and (g) of section 507 of
such Act (25 U.S.C. 458aaa-6), relating to provisions relating to
the Secretary of Health and Human Services.
``(3) Subsections (a), (b), (d), (e), (g), (h), (i), and (k) of
section 508 of such Act (25 U.S.C. 458aaa-7), relating to transfer
of funds.
``(4) Section 510 of such Act (25 U.S.C. 458aaa-9), relating to
Federal procurement laws and regulations.
``(5) Section 511 of such Act (25 U.S.C. 458aaa-10), relating
to civil actions.
``(6) Subsections (a)(1), (a)(2), and (c) through (f) of
section 512 of such Act (25 U.S.C. 458aaa-11), relating to
facilitation, except that subsection (c)(1) of that section shall
be applied by substituting `transportation facilities and other
facilities' for `school buildings, hospitals, and other
facilities'.
``(7) Subsections (a) and (b) of section 515 of such Act (25
U.S.C. 458aaa-14), relating to disclaimers.
``(8) Subsections (a) and (b) of section 516 of such Act (25
U.S.C. 458aaa-15), relating to application of title I provisions.
``(9) Section 518 of such Act (25 U.S.C. 458aaa-17), relating
to appeals.
``(m) Definitions.--
``(1) In general.--In this section, the following definitions
apply (except as otherwise expressly provided):
``(A) Compact.--The term `compact' means a compact between
the Secretary and an Indian tribe entered into under subsection
(c).
``(B) Department.--The term `Department' means the
Department of Transportation.
``(C) Eligible indian tribe.--The term `eligible Indian
tribe' means an Indian tribe that is eligible to participate in
the program, as determined under subsection (b).
``(D) Funding agreement.--The term `funding agreement'
means a funding agreement between the Secretary and an Indian
tribe entered into under subsection (d).
``(E) Indian tribe.--The term `Indian tribe' means any
Indian or Alaska Native tribe, band, nation, pueblo, village,
or community that is recognized as eligible for the special
programs and services provided by the United States to Indians
because of their status as Indians. In any case in which an
Indian tribe has authorized another Indian tribe, an
intertribal consortium, or a tribal organization to plan for or
carry out programs, services, functions, or activities (or
portions thereof) on its behalf under this section, the
authorized Indian tribe, intertribal consortium, or tribal
organization shall have the rights and responsibilities of the
authorizing Indian tribe (except as otherwise provided in the
authorizing resolution or in this title). In such event, the
term `Indian tribe' as used in this section shall include such
other authorized Indian tribe, intertribal consortium, or
tribal organization.
``(F) Program.--The term `program' means the tribal
transportation self-governance program established under this
section.
``(G) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(H) Transportation programs.--The term `transportation
programs' means all programs administered or financed by the
Department under this title and chapter 53 of title 49.
``(2) Applicability of other definitions.--In this section, the
definitions set forth in sections 4 and 505 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b; 458aaa)
apply, except as otherwise expressly provided in this section.
``(n) Regulations.--
``(1) In general.--
``(A) Promulgation.--Not later than 90 days after the date
of enactment of the FAST Act, the Secretary shall initiate
procedures under subchapter III of chapter 5 of title 5 to
negotiate and promulgate such regulations as are necessary to
carry out this section.
``(B) Publication of proposed regulations.--Proposed
regulations to implement this section shall be published in the
Federal Register by the Secretary not later than 21 months
after such date of enactment.
``(C) Expiration of authority.--The authority to promulgate
regulations under subparagraph (A) shall expire 30 months after
such date of enactment.
``(D) Extension of deadlines.--A deadline set forth in
subparagraph (B) or (C) may be extended up to 180 days if the
negotiated rulemaking committee referred to in paragraph (2)
concludes that the committee cannot meet the deadline and the
Secretary so notifies the appropriate committees of Congress.
``(2) Committee.--
``(A) In general.--A negotiated rulemaking committee
established pursuant to section 565 of title 5 to carry out
this subsection shall have as its members only Federal and
tribal government representatives, a majority of whom shall be
nominated by and be representatives of Indian tribes with
funding agreements under this title.
``(B) Requirements.--The committee shall confer with, and
accommodate participation by, representatives of Indian tribes,
inter-tribal consortia, tribal organizations, and individual
tribal members.
``(C) Adaptation of procedures.--The Secretary shall adapt
the negotiated rulemaking procedures to the unique context of
self-governance and the government-to-government relationship
between the United States and Indian tribes.
``(3) Effect.--The lack of promulgated regulations shall not
limit the effect of this section.
``(4) Effect of circulars, policies, manuals, guidance, and
rules.--Unless expressly agreed to by the participating Indian
tribe in the compact or funding agreement, the participating Indian
tribe shall not be subject to any agency circular, policy, manual,
guidance, or rule adopted by the Department, except regulations
promulgated under this section.''.
(b) Clerical Amendment.--The analysis for chapter 2 of title 23,
United States Code, is amended by inserting after the item relating to
section 206 the following:
``207. Tribal transportation self-governance program.''.
SEC. 1122. 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. 1123. 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 in an inventory described in section 202 or 203 of such
title;
(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 $25,000,000, 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, economic competitiveness, quality of life, and safety;
(2) improves the condition of critical transportation
facilities, including multimodal facilities;
(3) needs construction, reconstruction, or rehabilitation;
(4) has costs matched by funds that are not provided under this
section, with projects with a greater percentage of other sources
of matching funds ranked ahead of lesser matches;
(5) is included in or eligible for inclusion in the National
Register of Historic Places;
(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.--
(1) In general.--The Federal share of the cost of a project
shall be up to 90 percent.
(2) Non-federal share.--Notwithstanding any other provision of
law, any Federal funds other than those made available under title
23 or title 49, United States Code, may be used to pay the non-
Federal share of the cost of a project carried out under this
section.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2016 through 2020. Such sums shall remain available for a period
of 3 fiscal years following the fiscal year for which the amounts are
appropriated.
Subtitle B--Planning and Performance Management
SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.
Section 134 of title 23, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``people and freight and'' and inserting
``people and freight,'' and
(B) by inserting ``and take into consideration resiliency
needs'' after ``urbanized areas,'';
(2) in subsection (c)(2) by striking ``and bicycle
transportation facilities'' and inserting ``, bicycle
transportation facilities, and intermodal facilities that support
intercity transportation, including intercity buses and intercity
bus facilities 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).''; 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 ``tourism, natural
disaster risk reduction,'' after ``economic development,'';
(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 a semicolon; and
(iii) by adding at the end the following:
``(I) improve the resiliency and reliability of the
transportation system and reduce or mitigate stormwater impacts
of surface transportation; and
``(J) enhance travel and tourism.''; and
(B) in paragraph (2)(A) by striking ``and in section
5301(c) of title 49'' and inserting ``and the general purposes
described in section 5301 of title 49'';
(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 the vulnerability
of the existing transportation infrastructure to
natural disasters'' 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,
employer-based commuting programs, such as a carpool
program, vanpool program, transit benefit program, parking
cash-out program, shuttle program, or telework program)''
after ``private providers of transportation''; and
(C) in paragraph (8) by striking ``paragraph (2)(C)'' and
inserting ``paragraph (2)(E)'' each place it appears;
(8) in subsection (k)(3)--
(A) in subparagraph (A) by inserting ``(including intercity
bus operators, employer-based commuting programs such as a
carpool program, vanpool program, transit benefit program,
parking cash-out program, shuttle program, or telework
program), job access projects,'' after ``reduction''; and
(B) by adding at the end the following:
``(C) Congestion management plan.--A metropolitan planning
organization serving a transportation management area may
develop a plan that includes projects and strategies that will
be considered in the TIP of such metropolitan planning
organization. Such plan shall--
``(i) develop regional goals to reduce vehicle miles
traveled during peak commuting hours and improve
transportation connections between areas with high job
concentration and areas with high concentrations of low-
income households;
``(ii) identify existing public transportation
services, employer-based commuter programs, and other
existing transportation services that support access to
jobs in the region; and
``(iii) identify proposed projects and programs to
reduce congestion and increase job access opportunities.
``(D) Participation.--In developing the plan under
subparagraph (C), a metropolitan planning organization shall
consult with employers, private and nonprofit providers of
public transportation, transportation management organizations,
and organizations that provide job access reverse commute
projects or job-related services to low-income individuals.'';
(9) in subsection (l)--
(A) by adding a period at the end of paragraph (1); and
(B) in paragraph (2)(D) by striking ``of less than
200,000'' and inserting ``with a population of 200,000 or
less'';
(10) in subsection (n)(1) by inserting ``49'' after ``chapter
53 of title'';
(11) in subsection (p) by striking ``Funds set aside under
section 104(f)'' and inserting ``Funds apportioned under paragraphs
(5)(D) and (6) of section 104(b)''; and
(12) by adding at the end the following:
``(r) Bi-State Metropolitan Planning Organization.--
``(1) Definition of bi-state mpo region.--In this subsection,
the term `Bi-State MPO 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 Bi-State
MPO 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) Planning.--In determining the amounts 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 Bi-State MPO 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 Bi-State MPO Region in that
State.
``(B) STBGP set aside.--In determining the amounts under
paragraph (2) of section 133(h) that shall be obligated for a
fiscal year in the States of California and Nevada, the
Secretary shall, for the purpose of that subsection, calculate
the populations for each of those States in a manner consistent
with subparagraph (A).''.
SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
Section 135 of title 23, United States Code, is amended--
(1) in subsection (a)(2) by striking ``and bicycle
transportation facilities'' and inserting, ``, bicycle
transportation facilities, and intermodal facilities that support
intercity transportation, including intercity buses and intercity
bus facilities and commuter van pool 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 a semicolon; and
(iii) by adding at the end the following:
``(I) improve the resiliency and reliability of the
transportation system and reduce or mitigate stormwater impacts
of surface transportation; and
``(J) enhance travel and tourism.''; and
(B) in paragraph (2)--
(i) in subparagraph (A) by striking ``and in section
5301(c) of title 49'' and inserting ``and the general
purposes described in section 5301 of title 49'';
(ii) in subparagraph (B)(ii) by striking ``urbanized'';
and
(iii) in subparagraph (C) by striking ``urbanized'';
(3) in subsection (f)--
(A) in paragraph (3)(A)(ii)--
(i) by inserting ``public ports,'' before ``freight
shippers,''; and
(ii) by inserting ``(including intercity bus operators,
employer-based commuting programs, such as a carpool
program, vanpool program, transit benefit program, parking
cash-out program, shuttle program, or telework program)''
after ``private providers of transportation''; and
(B) in paragraph (7), in the matter preceding subparagraph
(A), by striking ``should'' and inserting ``shall''; and
(C) 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; and
(4) in subsection (g)(3)--
(A) by inserting ``public ports,'' before ``freight
shippers''; and
(B) by inserting ``(including intercity bus operators),''
after ``private providers of transportation''.
Subtitle C--Acceleration of Project Delivery
SEC. 1301. SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC SITES.
(a) Highways.--Section 138 of title 23, United States Code, is
amended by adding at the end the following:
``(c) Satisfaction of Requirements for Certain Historic Sites.--
``(1) In general.--The Secretary shall--
``(A) align, to the maximum extent practicable, with the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 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. 4321 et
seq.), the Secretary determines that there is no feasible or
prudent alternative to avoid use of a historic site, the
Secretary may--
``(i) include the determination of the Secretary in the
analysis required under that Act;
``(ii) provide a notice of the determination to--
``(I) each applicable State historic preservation
officer and tribal historic preservation officer;
``(II) the Council, if the Council is participating
in the consultation process under section 306108 of
title 54; and
``(III) the Secretary of the Interior; and
``(iii) request from the applicable preservation
officer, the Council, and the Secretary of the Interior a
concurrence that the determination is sufficient to satisfy
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--
``(i) be included in the record of decision or finding
of no significant impact of the Secretary; and
``(ii) be 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 subsection (a)(2) through the consultation requirements
of section 306108 of title 54.
``(B) Satisfaction of conditions.--To satisfy subsection
(a)(2), each individual described in paragraph (2)(A)(ii) shall
concur in the treatment of the applicable historic site
described in the memorandum of agreement or programmatic
agreement developed under section 306108 of title 54.''.
(b) Public Transportation.--Section 303 of title 49, United States
Code, is amended by adding at the end the following:
``(e) Satisfaction of Requirements for Certain Historic Sites.--
``(1) In general.--The Secretary shall--
``(A) align, to the maximum extent practicable, the
requirements of this section with the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 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. 4321 et
seq.), the Secretary determines that there is no feasible or
prudent alternative to avoid use of a historic site, the
Secretary may--
``(i) include the determination of the Secretary in the
analysis required under that Act;
``(ii) provide a notice of the determination to--
``(I) each applicable State historic preservation
officer and tribal historic preservation officer;
``(II) the Council, if the Council is participating
in the consultation process under section 306108 of
title 54; and
``(III) the Secretary of the Interior; and
``(iii) request from the applicable preservation
officer, the Council, and the Secretary of the Interior a
concurrence that the determination is sufficient to satisfy
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 (c)(1) shall be required.
``(C) Publication.--A notice of a determination, together
with each relevant concurrence to that determination, under
subparagraph (A) shall--
``(i) be included in the record of decision or finding
of no significant impact of the Secretary; and
``(ii) be 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 subsection (c)(2) through the consultation requirements
of section 306108 of title 54.
``(B) Satisfaction of conditions.--To satisfy subsection
(c)(2), the applicable preservation officer, the Council, and
the Secretary of the Interior shall concur in the treatment of
the applicable historic site described in the memorandum of
agreement or programmatic agreement developed under section
306108 of title 54.''.
SEC. 1302. CLARIFICATION OF TRANSPORTATION ENVIRONMENTAL AUTHORITIES.
(a) Title 23 Amendment.--Section 138 of title 23, United States
Code, as amended by section 1301, is amended by adding at the end the
following:
``(d) References to Past Transportation Environmental
Authorities.--
``(1) Section 4(f) requirements.--The requirements of this
section are commonly referred to as section 4(f) requirements (see
section 4(f) of the Department of Transportation Act (Public Law
89-670; 80 Stat. 934) as in effect before the repeal of that
section).
``(2) Section 106 requirements.--The requirements of section
306108 of title 54 are commonly referred to as section 106
requirements (see section 106 of the National Historic Preservation
Act of 1966 (Public Law 89-665; 80 Stat. 917) as in effect before
the repeal of that section).''.
(b) Title 49 Amendment.--Section 303 of title 49, United States
Code, as amended by section 1301, is amended by adding at the end the
following:
``(f) References to Past Transportation Environmental
Authorities.--
``(1) Section 4(f) requirements.--The requirements of this
section are commonly referred to as section 4(f) requirements (see
section 4(f) of the Department of Transportation Act (Public Law
89-670; 80 Stat. 934) as in effect before the repeal of that
section).
``(2) Section 106 requirements.--The requirements of section
306108 of title 54 are commonly referred to as section 106
requirements (see section 106 of the National Historic Preservation
Act of 1966 (Public Law 89-665; 80 Stat. 917) as in effect before
the repeal of that section).''.
SEC. 1303. TREATMENT OF CERTAIN BRIDGES UNDER PRESERVATION
REQUIREMENTS.
(a) Preservation of Parklands.--Section 138 of title 23, United
States Code, as amended by section 1302, is amended by adding at the
end the following:
``(e) 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 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 1302, is amended by adding at the end the following:
``(g) 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 shall be exempt from consideration under this section.''.
SEC. 1304. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING.
(a) Definitions.--Section 139(a) of title 23, United States Code,
is amended--
(1) by striking paragraph (5) and inserting the following:
``(5) Multimodal project.--The term `multimodal project' means
a project that requires the approval of more than 1 Department of
Transportation operating administration or secretarial office.'';
and
(2) 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 of Transportation.
``(B) Considerations.--In determining whether a project is
a project under subparagraph (A), the Secretary shall take into
account, if known, any sources of Federal funding or financing
identified by the project sponsor, including any discretionary
grant, loan, and loan guarantee programs administered by the
Department of Transportation.''.
(b) Applicability.--Section 139(b)(3) of title 23, United States
Code, is amended--
(1) in subparagraph (A) in the matter preceding clause (i) by
striking ``initiate a rulemaking to''; and
(2) by striking subparagraph (B) and inserting the following:
``(B) Requirements.--In carrying out subparagraph (A), the
Secretary shall ensure that programmatic reviews--
``(i) promote transparency, including the transparency
of--
``(I) the analyses and data used in the
environmental reviews;
``(II) the treatment of any deferred issues raised
by agencies or the public; and
``(III) the temporal and spatial scales to be used
to analyze issues under subclauses (I) and (II);
``(ii) use accurate and timely information, including
through establishment of--
``(I) criteria for determining the general duration
of the usefulness of the review; and
``(II) a timeline for updating an out-of-date
review;
``(iii) describe--
``(I) the relationship between any programmatic
analysis and future tiered analysis; and
``(II) the role of the public in the creation of
future tiered analysis;
``(iv) are available to other relevant Federal and
State agencies, Indian tribes, and the public; and
``(v) provide notice and public comment opportunities
consistent with applicable requirements.''.
(c) Federal Lead Agency.--Section 139(c) of title 23, United States
Code, is amended--
(1) in paragraph (1)(A) by inserting ``, or an operating
administration thereof designated by the Secretary,'' after
``Department of Transportation''; and
(2) in paragraph (6)--
(A) in subparagraph (A) by striking ``and'' at the end;
(B) in subparagraph (B) by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) to consider and respond to comments received from
participating agencies on matters within the special expertise
or jurisdiction of those agencies.''.
(d) Participating Agencies.--
(1) Invitation.--Section 139(d)(2) of title 23, United States
Code, is amended by striking ``The lead agency shall identify, as
early as practicable in the environmental review process for a
project,'' and inserting ``Not later than 45 days after the date of
publication of a notice of intent to prepare an environmental
impact statement or the initiation of an environmental assessment,
the lead agency shall identify''.
(2) Single nepa document.--Section 139(d) of title 23, United
States Code, is amended by adding at the end the following:
``(8) Single nepa document.--
``(A) In general.--Except as inconsistent with paragraph
(7), to the maximum extent practicable and consistent with
Federal law, all Federal permits and reviews for a project
shall rely on a single environment document prepared under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) under the leadership of the lead agency.
``(B) Use of document.--
``(i) In general.--To the maximum extent practicable,
the lead agency shall develop an environmental document
sufficient to satisfy the requirements for any Federal
approval or other Federal action required for the project,
including permits issued by other Federal agencies.
``(ii) Cooperation of participating agencies.--Other
participating agencies shall cooperate with the lead agency
and provide timely information to help the lead agency
carry out this subparagraph.
``(C) Treatment as participating and cooperating
agencies.--A Federal agency required to make an approval or
take an action for a project, as described in subparagraph (B),
shall work with the lead agency for the project to ensure that
the agency making the approval or taking the action is treated
as being both a participating and cooperating agency for the
project.
``(9) Participating agency responsibilities.--An agency
participating in the 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 agency; and
``(B) use the process to address any environmental issues
of concern to the agency.''.
(e) Project Initiation.--Section 139(e) of title 23, United States
Code, is amended--
(1) 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 ``general
location of the proposed project''; and
(2) by adding at the end the following:
``(3) Review of application.--Not later than 45 days after the
date on which the Secretary receives notification under paragraph
(1), 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 documentation is
necessary to initiate the environmental review process.
``(4) Request to designate a lead agency.--
``(A) In general.--Any project sponsor may submit to the
Secretary a request to designate the operating administration
or secretarial office within the Department of Transportation
with the expertise on the proposed project to serve as the
Federal lead agency for the project.
``(B) Secretarial action.--
``(i) In general.--If the Secretary receives a request
under subparagraph (A), the Secretary shall respond to the
request not later than 45 days after the date of receipt.
``(ii) Requirements.--The response under clause (i)
shall--
``(I) approve the request;
``(II) deny the request, with an explanation of the
reasons for the denial; 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 the submission
not later than 45 days after the date of receipt.
``(5) Environmental checklist.--
``(A) Development.--The lead agency for a project, in
consultation with participating agencies, shall develop, as
appropriate, a checklist to help project sponsors identify
potential natural, cultural, and historic resources in the area
of the project.
``(B) Purpose.--The purposes of the checklist are--
``(i) to identify agencies and organizations that can
provide information about natural, cultural, and historic
resources;
``(ii) to develop the information needed to determine
the range of alternatives; and
``(iii) to improve interagency collaboration to help
expedite the permitting process for the lead agency and
participating agencies.''.
(f) Purpose and Need.--Section 139(f) of title 23, United States
Code, is amended--
(1) in the subsection heading by inserting ``; Alternatives
Analysis'' after ``Need''; and
(2) in paragraph (4)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Participation.--
``(i) In general.--As early as practicable during the
environmental review process, the lead agency shall provide
an opportunity for involvement by participating agencies
and the public in determining the range of alternatives to
be considered for a project.
``(ii) Comments of participating agencies.--To the
maximum extent practicable and consistent with applicable
law, each participating agency receiving an opportunity for
involvement under clause (i) shall limit the comments of
the agency to subject matter areas within the special
expertise or jurisdiction of the agency.
``(iii) Effect of nonparticipation.--A participating
agency that declines to participate in the development of
the purpose and need and range of alternatives for a
project shall be required to comply with the schedule
developed under subsection (g)(1)(B).'';
(B) in subparagraph (B)--
(i) by striking ``Following participation under
paragraph (1)'' and inserting the following:
``(i) Determination.--Following participation under
subparagraph (A)''; and
(ii) by adding at the end the following:
``(ii) Use.--To the maximum extent practicable and
consistent with Federal law, the range of alternatives
determined for a project under clause (i) shall be used for
all Federal environmental reviews and permit processes
required for the project unless the alternatives must be
modified--
``(I) to address significant new information or
circumstances, and the lead agency and participating
agencies agree that the alternatives must be modified
to address the new information or circumstances; or
``(II) for the lead agency or a participating
agency to fulfill the responsibilities of the agency
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) in a timely manner.''; and
(C) 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 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 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and any other 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 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.''.
(g) Coordination and Scheduling.--
(1) Coordination plan.--Section 139(g)(1) of title 23, United
States Code, is amended--
(A) in subparagraph (A) by striking ``The lead agency'' and
inserting ``Not later than 90 days after the date of
publication of a notice of intent to prepare an environmental
impact statement or the initiation of an environmental
assessment, the lead agency''; and
(B) in subparagraph (B)(i) by striking ``may establish as
part of the coordination plan'' and inserting ``shall establish
as part of such coordination plan''.
(2) Deadlines for decisions under other laws.--Section
139(g)(3) of title 23, United States Code, is amended in the matter
preceding subparagraph (A) by inserting ``and publish on the
Internet'' after ``House of Representatives''.
(h) Issue Identification and Resolution.--
(1) Issue resolution.--Section 139(h) of title 23, United
States Code, is amended--
(A) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) Issue resolution.--Any issue resolved by the lead agency
with the concurrence of participating agencies may not be
reconsidered unless significant new information or circumstances
arise.''.
(2) Failure to assure.--Section 139(h)(5)(C) of title 23,
United States Code (as redesignated by paragraph (1)(A)), is
amended by striking ``paragraph (5) and'' and inserting ``paragraph
(6)''.
(3) Financial penalty provisions.--Section 139(h)(7)(B) of
title 23, United States Code (as redesignated by paragraph (1)(A)),
is amended--
(A) in clause (i)(I) by striking ``under section 106(i) is
required'' and inserting ``is required under subsection (h) or
(i) of section 106''; and
(B) by striking clause (ii) and inserting the following:
``(ii) Description of date.--The date referred to in
clause (i) is--
``(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; and
``(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.); or
``(III) a modified date in accordance with
subsection (g)(1)(D).''.
(i) Assistance to Affected State and Federal Agencies.--
(1) In general.--Section 139(j) of title 23, United States
Code, is amended by striking paragraph (1) and inserting the
following:
``(1) In general.--
``(A) Authority to provide funds.--The Secretary may allow
a public entity receiving financial assistance from the
Department of Transportation under this title or chapter 53 of
title 49 to provide funds to Federal agencies (including the
Department), State agencies, and Indian tribes participating in
the environmental review process for the project or program.
``(B) Use of funds.--Funds referred to in subparagraph (A)
may be provided only to support activities that directly and
meaningfully contribute to expediting and improving permitting
and review processes, including planning, approval, and
consultation processes for the project or program.''.
(2) Activities eligible for funding.--Section 139(j)(2) of
title 23, United States Code, is amended by inserting ``activities
directly related to the environmental review process,'' before
``dedicated staffing,''.
(3) Agreement.--Section 139(j) of title 23, United States Code,
is amended by striking paragraph (6) and inserting the following:
``(6) Agreement.--Prior to providing funds approved by the
Secretary for dedicated staffing at an affected agency under
paragraphs (1) and (2), the affected agency and the requesting
public entity shall enter into an agreement that establishes the
projects and priorities to be addressed by the use of the funds.''.
(j) Accelerated Decisionmaking; Improving Transparency in
Environmental Reviews.--
(1) 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 of why the comments do not warrant
additional agency response, the lead agency may write on errata
sheets attached to the statement instead of rewriting the draft
statement, subject to the condition that the errata sheets--
``(A) cite the sources, authorities, and reasons that
support the position of the agency; and
``(B) if appropriate, indicate the circumstances that would
trigger agency reappraisal or further response.
``(2) Single document.--To the maximum extent practicable, the
lead agency shall expeditiously develop a single document that
consists of a final environmental impact statement and a record of
decision, unless--
``(A) the final environmental impact statement makes
substantial changes to the proposed action that are relevant to
environmental or safety concerns; or
``(B) there is a significant new circumstance or
information relevant to environmental concerns that bears on
the proposed action or the impacts of the proposed action.
``(o) Improving Transparency in Environmental Reviews.--
``(1) In general.--Not later than 18 months after the date of
enactment of this subsection, the Secretary shall--
``(A) use the searchable Internet website maintained under
section 41003(b) of the FAST Act--
``(i) to make publicly available the status and
progress of projects requiring an environmental assessment
or an environmental impact statement with respect to
compliance with applicable requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
and any other Federal, State, or local approval required
for those projects; and
``(ii) to make publicly available the names of
participating agencies not participating in the development
of a project purpose and need and range of alternatives
under subsection (f); and
``(B) issue reporting standards to meet the requirements of
subparagraph (A).
``(2) Federal, state, and local agency participation.--
``(A) Federal agencies.--A Federal agency participating in
the environmental review or permitting process for a project
shall provide to the Secretary information regarding the status
and progress of the approval of the project for publication on
the Internet website referred to in paragraph (1)(A),
consistent with the standards established under paragraph
(1)(B).
``(B) State and local agencies.--The Secretary shall
encourage State and local agencies participating in the
environmental review permitting process for a project to
provide information regarding the status and progress of the
approval of the project for publication on the Internet website
referred to in paragraph (1)(A).
``(3) States with delegated authority.--A State with delegated
authority for responsibilities under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) pursuant to section 327
shall be responsible for supplying to the Secretary project
development and compliance status for all applicable projects.''.
(2) Conforming amendment.--Section 1319 of MAP-21 (42 U.S.C.
4332a), and the item relating to that section in the table of
contents contained in section 1(c) of that Act, are repealed.
(k) Implementation of Programmatic Compliance.--
(1) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete a rulemaking to
implement the provisions of section 139(b)(3) of title 23, United
States Code, as amended by this section.
(2) Consultation.--Before initiating the rulemaking under
paragraph (1), the Secretary shall consult with relevant Federal
agencies, relevant State resource agencies, State departments of
transportation, Indian tribes, and the public on the appropriate
use and scope of the programmatic approaches.
(3) Requirements.--In carrying out this subsection, the
Secretary shall ensure that the rulemaking meets the requirements
of section 139(b)(3)(B) of title 23, United States Code, as amended
by this section.
(4) Comment period.--The Secretary shall--
(A) allow not fewer than 60 days for public notice and
comment on the proposed rule; and
(B) address any comments received under this subsection.
SEC. 1305. 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' has the meaning given the term in section 139(a).
``(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).
``(5) Project sponsor.--The term `project sponsor' has the
meaning given the term in section 139(a).
``(6) Relevant agency.--The term `relevant agency' means the
agency with authority under subparagraph (A) or (B) of subsection
(b)(1).
``(b) Adoption or Incorporation by Reference of Planning Products
for Use in NEPA Proceedings.--
``(1) In general.--Subject to subsection (d) and to the maximum
extent practicable and appropriate, the following agencies may
adopt or incorporate by reference and use a planning product in
proceedings relating to any class of action in the environmental
review process of the project:
``(A) The lead agency for a project, with respect to 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.).
``(B) The cooperating agency with responsibility under
Federal law, with respect to the process for and completion of
any environmental permit, approval, review, or study required
for a project under any Federal law other than the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if
consistent with that law.
``(2) Identification.--If the relevant agency makes a
determination to adopt or incorporate by reference and use a
planning product, the relevant agency shall identify the agencies
that participated in the development of the planning products.
``(3) Adoption or incorporation by reference of planning
products.--The relevant agency may--
``(A) adopt or incorporate by reference an entire planning
product under paragraph (1); or
``(B) select portions of a planning project under paragraph
(1) for adoption or incorporation by reference.
``(4) Timing.--A determination under paragraph (1) with respect
to the adoption or incorporation by reference of a planning product
may--
``(A) be made at the time the relevant 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 relevant agency in the
environmental review process may adopt or incorporate by reference
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 a project, including a programmatic
mitigation plan developed in accordance with section 169, that
the relevant agency determines are more effectively addressed
on a national or regional scale, including--
``(i) measures to avoid, minimize, and mitigate impacts
at a national or regional scale of proposed transportation
investments on environmental resources, including regional
ecosystem and water resources; and
``(ii) potential mitigation activities, locations, and
investments.
``(2) Planning analyses.--The relevant agency in the
environmental review process may adopt or incorporate by reference
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 direct,
indirect, and cumulative effects on those resources; and
``(H) mitigation needs for a proposed project, or for
programmatic level mitigation, for potential effects that the
lead agency determines are most effectively addressed at a
regional or national program level.
``(d) Conditions.--The relevant agency in the environmental review
process may adopt or incorporate by reference a planning product under
this section if the relevant agency determines, with the concurrence of
the lead agency and, if the planning product is necessary for a
cooperating agency to issue a permit, review, or approval for the
project, with the concurrence of the cooperating agency, that the
following conditions have been met:
``(1) The planning product was developed through a planning
process conducted pursuant to applicable Federal law.
``(2) The planning product was developed 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 relevant
agency has--
``(A) made the planning documents available for public
review and comment by members of the general public and
Federal, State, local, and tribal governments that may have an
interest in the proposed project;
``(B) provided notice of the intention of the relevant
agency to adopt or incorporate by reference 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 or
incorporation by reference and use in the environmental review
process for the project and is incorporated in accordance with, and
is sufficient to meet the requirements of, 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 FAST Act).
``(10) The planning product was approved within the 5-year
period ending on the date on which the information is adopted or
incorporated by reference.
``(e) Effect of Adoption or Incorporation by Reference.--Any
planning product adopted or incorporated by reference by the relevant
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. 1306. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.
Section 169(f) of title 23, United States Code, is amended--
(1) by striking ``may use'' and inserting ``shall give
substantial weight to''; and
(2) by inserting ``or other Federal environmental law'' before
the period at the end.
SEC. 1307. 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. 1308. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.
Section 327 of title 23, United States Code, is amended--
(1) in subsection (a)(2)(B)(iii) by striking ``(42 U.S.C. 13
4321 et seq.)'' and inserting ``(42 U.S.C. 4321 et seq.)'';
(2) in subsection (c)(4) by inserting ``reasonably'' before
``considers necessary'';
(3) in subsection (e) by inserting ``and without further
approval of'' after ``in lieu of'';
(4) in subsection (g)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--To ensure compliance by a State with any
agreement of the State under subsection (c) (including compliance
by the State with all Federal laws for which responsibility is
assumed under subsection (a)(2)), for each State participating in
the program under this section, the Secretary shall--
``(A) not later than 180 days after the date of execution
of the agreement, meet with the State to review implementation
of the agreement and discuss plans for the first annual audit;
``(B) conduct annual audits during each of the first 4
years of State participation; and
``(C) ensure that the time period for completing an annual
audit, from initiation to completion (including public comment
and responses to those comments), does not exceed 180 days.'';
and
(B) by adding at the end the following:
``(3) Audit team.--
``(A) In general.--An audit conducted under paragraph (1)
shall be carried out by an audit team determined by the
Secretary, in consultation with the State, in accordance with
subparagraph (B).
``(B) Consultation.--Consultation with the State under
subparagraph (A) shall include a reasonable opportunity for the
State to review and provide comments on the proposed members of
the audit team.'';
(5) in subsection (j) 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.''; and
(6) by adding at the end the following:
``(k) Capacity Building.--The Secretary, in cooperation with
representatives of State officials, may carry out education, training,
peer-exchange, and other initiatives as appropriate--
``(1) to assist States in developing the capacity to
participate in the assignment program under this section; and
``(2) to promote information sharing and collaboration among
States that are participating in the assignment program under this
section.
``(l) Relationship to Locally Administered Projects.--A State
granted authority under this section may, as appropriate and at the
request of a local government--
``(1) exercise such authority on behalf of the local government
for a locally administered project; or
``(2) provide guidance and training on consolidating and
minimizing the documentation and environmental analyses necessary
for sponsors of a locally administered project to comply with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
and any comparable requirements under State law.''.
SEC. 1309. PROGRAM FOR ELIMINATING DUPLICATION OF ENVIRONMENTAL
REVIEWS.
(a) Purpose.--The purpose of this section is to eliminate
duplication of environmental reviews and approvals under State laws and
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) In General.--Chapter 3 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 330. Program for eliminating duplication of environmental
reviews
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a pilot
program to authorize States that have assumed responsibilities of
the Secretary under section 327 and are approved to participate in
the program under this section to conduct environmental reviews and
make approvals for projects under State environmental laws and
regulations instead of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), consistent with the requirements of
this section.
``(2) Participating states.--The Secretary may select not more
than 5 States to participate in the program.
``(3) Alternative environmental review and approval procedures
defined.--In this section, the term `alternative environmental
review and approval procedures' means--
``(A) substitution of 1 or more State environmental laws
for--
``(i) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(ii) any provisions of section 139 establishing
procedures for the implementation of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
that are under the authority of the Secretary, as the
Secretary, in consultation with the State, considers
appropriate; and
``(iii) related regulations and Executive orders; and
``(B) substitution of 1 or more State environmental
regulations for--
``(i) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(ii) any provisions of section 139 establishing
procedures for the implementation of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
that are under the authority of the Secretary, as the
Secretary, in consultation with the State, considers
appropriate; and
``(iii) related regulations and Executive orders.
``(b) Application.--To be eligible to participate in the program, a
State shall submit to the Secretary an application containing such
information as the Secretary may require, including--
``(1) a full and complete description of the proposed
alternative environmental review and approval procedures of the
State, including--
``(A) the procedures the State uses to engage the public
and consider alternatives to the proposed action; and
``(B) the extent to which the State considers environmental
consequences or impacts on resources potentially impacted by
the proposed action (such as air, water, or species);
``(2) each Federal requirement described in subsection (a)(3)
that the State is seeking to substitute;
``(3) each State law or regulation that the State intends to
substitute for such Federal requirement;
``(4) an explanation of the basis for concluding that the State
law or regulation is at least as stringent as the Federal
requirement described in subsection (a)(3);
``(5) a description of the projects or classes of projects for
which the State anticipates exercising the authority that may be
granted under the program;
``(6) verification that the State has the financial resources
necessary to carry out the authority that may be granted under the
program;
``(7) evidence of having sought, received, and addressed
comments on the proposed application from the public; and
``(8) any such additional information as the Secretary, or,
with respect to section (d)(1)(A), the Secretary in consultation
with the Chair, may require.
``(c) Review of Application.--In accordance with subsection (d),
the Secretary shall--
``(1) review and accept public comments on an application
submitted under subsection (b);
``(2) approve or disapprove the application not later than 120
days after the date of receipt of an application that the Secretary
determines is complete; and
``(3) transmit to the State notice of the approval or
disapproval, together with a statement of the reasons for the
approval or disapproval.
``(d) Approval of Application.--
``(1) In general.--The Secretary shall approve an application
submitted under subsection (b) only if--
``(A) the Secretary, with the concurrence of the Chair and
after considering any public comments received pursuant to
subsection (c), determines that the laws and regulations of the
State described in the application are at least as stringent as
the Federal requirements described in subsection (a)(3);
``(B) the Secretary, after considering any public comments
received pursuant to subsection (c), determines that the State
has the capacity, including financial and personnel, to assume
the responsibility;
``(C) the State has executed an agreement with the
Secretary in accordance with section 327; and
``(D) the State has executed an agreement with the
Secretary under this section that--
``(i) has been executed by the Governor or the top-
ranking transportation official in the State who is charged
with responsibility for highway construction;
``(ii) is in such form as the Secretary may prescribe;
``(iii) provides that the State--
``(I) agrees to assume the responsibilities, as
identified by the Secretary, under this section;
``(II) expressly consents, on behalf of the State,
to accept the jurisdiction of the Federal courts under
subsection (e)(1) for the compliance, discharge, and
enforcement of any responsibility under this section;
``(III) certifies that State laws (including
regulations) are in effect that--
``(aa) authorize the State to take the actions
necessary to carry out the responsibilities being
assumed; and
``(bb) are comparable to section 552 of title
5, including providing that any decision regarding
the public availability of a document under those
State laws is reviewable by a court of competent
jurisdiction; and
``(IV) agrees to maintain the financial resources
necessary to carry out the responsibilities being
assumed;
``(iv) requires the State to provide to the Secretary
any information the Secretary reasonably considers
necessary to ensure that the State is adequately carrying
out the responsibilities assigned to the State;
``(v) has a term of not more than 5 years; and
``(vi) is renewable.
``(2) Exclusion.--The National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) shall not apply to a decision by the
Secretary to approve or disapprove an application submitted under
this section.
``(e) Judicial Review.--
``(1) In general.--The United States district courts shall have
exclusive jurisdiction over any civil action against a State
relating to the failure of the State--
``(A) to meet the requirements of this section; or
``(B) to follow the alternative environmental review and
approval procedures approved pursuant to this section.
``(2) Limitation on review.--
``(A) In general.--Notwithstanding any other provision of
law, a claim seeking judicial review of a permit, license, or
approval issued by a State under this section shall be barred
unless the claim is filed not later than 2 years after the date
of publication in the Federal Register by the Secretary of a
notice that the permit, license, or approval is final pursuant
to the law under which the action is taken.
``(B) Deadlines.--
``(i) Notification.--The State shall notify the
Secretary of the final action of the State not later than
10 days after the final action is taken.
``(ii) Publication.--The Secretary shall publish the
notice of final action in the Federal Register not later
than 30 days after the date of receipt of the notice under
clause (i).
``(C) Savings provision.--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 a
permit, license, or approval.
``(3) New information.--
``(A) In general.--A State shall consider new information
received after the close of a comment period if the information
satisfies the requirements for a supplemental environmental
impact statement under section 771.130 of title 23, Code of
Federal Regulations (or successor regulations).
``(B) Treatment of final agency action.--
``(i) In general.--The final agency action that follows
preparation of a supplemental environmental impact
statement, if required, shall be considered a separate
final agency action, and the deadline for filing a claim
for judicial review of the action shall be 2 years after
the date of publication in the Federal Register by the
Secretary of a notice announcing such action.
``(ii) Deadlines.--
``(I) Notification.--The State shall notify the
Secretary of the final action of the State not later
than 10 days after the final action is taken.
``(II) Publication.--The Secretary shall publish
the notice of final action in the Federal Register not
later than 30 days after the date of receipt of the
notice under subclause (I).
``(f) Election.--A State participating in the programs under this
section and section 327, at the discretion of the State, may elect to
apply the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) instead of the alternative environmental review and approval
procedures of the State.
``(g) Adoption or Incorporation by Reference of Documents.--To the
maximum extent practicable and consistent with Federal law, other
Federal agencies with authority over a project subject to this section
shall adopt or incorporate by reference documents produced by a
participating State under this section to satisfy the requirements of
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(h) Relationship to Locally Administered Projects.--
``(1) In general.--A State with an approved program under this
section, at the request of a local government, may exercise
authority under that program on behalf of up to 25 local
governments for locally administered projects.
``(2) Scope.--For up to 25 local governments selected by a
State with an approved program under this section, the State shall
be responsible for ensuring that any environmental review,
consultation, or other action required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the
State program, or both, meets the requirements of such Act or
program.
``(i) Review and Termination.--
``(1) In general.--A State program approved under this section
shall at all times be in accordance with the requirements of this
section.
``(2) Review.--The Secretary shall review each State program
approved under this section not less than once every 5 years.
``(3) Public notice and comment.--In conducting the review
process under paragraph (2), the Secretary shall provide notice and
an opportunity for public comment.
``(4) Withdrawal of approval.--If the Secretary, in
consultation with the Chair, determines at any time that a State is
not administering a State program approved under this section in
accordance with the requirements of this section, the Secretary
shall so notify the State, and if appropriate corrective action is
not taken within a reasonable time, not to exceed 90 days, the
Secretary shall withdraw approval of the State program.
``(5) Extensions and terminations.--At the conclusion of the
review process under paragraph (2), the Secretary may extend for an
additional 5-year period or terminate the authority of a State
under this section to substitute the laws and regulations of the
State for the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(j) Report to Congress.--Not later than 2 years after the date of
enactment of this section, and annually thereafter, the Secretary shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report that describes the administration of the
program, including--
``(1) the number of States participating in the program;
``(2) the number and types of projects for which each State
participating in the program has used alternative environmental
review and approval procedures;
``(3) a description and assessment of whether implementation of
the program has resulted in more efficient review of projects; and
``(4) any recommendations for modifications to the program.
``(k) Sunset.--The program shall terminate 12 years after the date
of enactment of this section.
``(l) Definitions.--In this section, the following definitions
apply:
``(1) Chair.--The term `Chair' means the Chair of the Council
on Environmental Quality.
``(2) Multimodal project.--The term `multimodal project' has
the meaning given that term in section 139(a).
``(3) Program.--The term `program' means the pilot program
established under this section.
``(4) Project.--The term `project' means--
``(A) a project requiring approval under this title,
chapter 53 of subtitle III of title 49, or subtitle V of title
49; and
``(B) a multimodal project.''.
(c) Rulemaking.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Secretary, in consultation with the
Chair of the Council on Environmental Quality, shall promulgate
regulations to implement the requirements of section 330 of title
23, United States Code, as added by this section.
(2) Determination of stringency.--As part of the rulemaking
required under this subsection, the Chair shall--
(A) establish the criteria necessary to determine that a
State law or regulation is at least as stringent as a Federal
requirement described in section 330(a)(3) of title 23, United
States Code; and
(B) ensure that the criteria, at a minimum--
(i) provide for protection of the environment;
(ii) provide opportunity for public participation and
comment, including access to the documentation necessary to
review the potential impact of a project; and
(iii) ensure a consistent review of projects that would
otherwise have been covered under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d) Clerical Amendment.--The analysis for chapter 3 of title 23,
United States Code, is amended by adding at the end the following:
``330. Program for eliminating duplication of environmental reviews.''.
SEC. 1310. APPLICATION OF CATEGORICAL EXCLUSIONS FOR MULTIMODAL
PROJECTS.
Section 304 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``operating authority that'' and
inserting ``operating administration or secretarial office
that has expertise but''; and
(ii) by inserting ``proposed multimodal'' after ``with
respect to a''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Lead authority.--The term `lead authority' means a
Department of Transportation operating administration or
secretarial office that has the lead responsibility for compliance
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) with respect to a proposed multimodal project.'';
(2) in subsection (b) by inserting ``or title 23'' after
``under this title'';
(3) by striking subsection (c) and inserting the following:
``(c) Application of Categorical Exclusions for Multimodal
Projects.--In considering the environmental impacts of a proposed
multimodal project, a lead authority may apply categorical exclusions
designated under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) in implementing regulations or procedures of a
cooperating authority for a proposed multimodal project, subject to the
conditions that--
``(1) the lead authority makes a determination, with the
concurrence of the cooperating authority--
``(A) on the applicability of a categorical exclusion to a
proposed multimodal project; and
``(B) that the project satisfies the conditions for a
categorical exclusion under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and this section;
``(2) the lead authority follows the implementing regulations
of the cooperating authority or procedures under that Act; and
``(3) the lead authority determines that--
``(A) the proposed multimodal project does not individually
or cumulatively have a significant impact on the environment;
and
``(B) extraordinary circumstances do not exist that merit
additional analysis and documentation in an environmental
impact statement or environmental assessment required under
that Act.''; and
(4) by striking subsection (d) and inserting the following:
``(d) Cooperating Authority Expertise.--A cooperating authority
shall provide expertise to the lead authority on aspects of the
multimodal project in which the cooperating authority has expertise.''.
SEC. 1311. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL REVIEWS.
(a) In General.--Title 49, United States Code, is amended by
inserting after section 304 the following:
``Sec. 304a. Accelerated decisionmaking in environmental reviews
``(a) In General.--In preparing a final environmental impact
statement under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), if the lead agency modifies the statement in
response to comments that are minor and are confined to factual
corrections or explanations of why the comments do not warrant
additional agency response, the lead agency may write on errata sheets
attached to the statement, instead of rewriting the draft statement,
subject to the condition that the errata sheets--
``(1) cite the sources, authorities, and reasons that support
the position of the agency; and
``(2) if appropriate, indicate the circumstances that would
trigger agency reappraisal or further response.
``(b) Single Document.--To the maximum extent practicable, the lead
agency shall expeditiously develop a single document that consists of a
final environmental impact statement and a record of decision, unless--
``(1) the final environmental impact statement makes
substantial changes to the proposed action that are relevant to
environmental or safety concerns; or
``(2) there is a significant new circumstance or information
relevant to environmental concerns that bears on the proposed
action or the impacts of the proposed action.
``(c) Adoption and Incorporation by Reference of Documents.--
``(1) Avoiding duplication.--To prevent duplication of analyses
and support expeditious and efficient decisions, the operating
administrations of the Department of Transportation shall use
adoption and incorporation by reference in accordance with this
subsection.
``(2) Adoption of documents of other operating
administrations.--An operating administration or a secretarial
office within the Department of Transportation may adopt a draft
environmental impact statement, an environmental assessment, or a
final environmental impact statement of another operating
administration for the use of the adopting operating administration
when preparing an environmental assessment or final environmental
impact statement for a project without recirculating the document
for public review, if--
``(A) the adopting operating administration certifies that
the proposed action is substantially the same as the project
considered in the document to be adopted;
``(B) the other operating administration concurs with such
decision; and
``(C) such actions are consistent with the requirements of
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
``(3) Incorporation by reference.--An operating administration
or secretarial office within the Department of Transportation may
incorporate by reference all or portions of a draft environmental
impact statement, an environmental assessment, or a final
environmental impact statement for the use of the adopting
operating administration when preparing an environmental assessment
or final environmental impact statement for a project if--
``(A) the incorporated material is cited in the
environmental assessment or final environmental impact
statement and the contents of the incorporated material are
briefly described;
``(B) the incorporated material is reasonably available for
inspection by potentially interested persons within the time
allowed for review and comment; and
``(C) the incorporated material does not include
proprietary data that is not available for review and
comment.''.
(b) Conforming Amendment.--The analysis for chapter 3 of title 49,
United States Code, is amended by inserting after the item relating to
section 304 the following:
``304a. Accelerated decisionmaking in environmental reviews.''.
SEC. 1312. IMPROVING STATE AND FEDERAL AGENCY ENGAGEMENT IN
ENVIRONMENTAL REVIEWS.
(a) In General.--Title 49, United States Code, is amended by
inserting after section 306 the following:
``Sec. 307. Improving State and Federal agency engagement in
environmental reviews
``(a) In General.--
``(1) Requests to provide funds.--A public entity receiving
financial assistance from the Department of Transportation for 1 or
more projects, or for a program of projects, for a public purpose
may request that the Secretary allow the public entity to provide
funds to Federal agencies, including the Department, State
agencies, and Indian tribes participating in the environmental
planning and review process for the project, projects, or program.
``(2) Use of funds.--The funds may be provided only to support
activities that directly and meaningfully contribute to expediting
and improving permitting and review processes, including planning,
approval, and consultation processes for the project, projects, or
program.
``(b) Activities Eligible for Funding.--Activities for which funds
may be provided under subsection (a) include transportation planning
activities that precede the initiation of the environmental review
process, activities directly related to the environmental review
process, dedicated staffing, training of agency personnel, information
gathering and mapping, and development of programmatic agreements.
``(c) Amounts.--A request under subsection (a) may be approved only
for the additional amounts that the Secretary determines are necessary
for the Federal agencies, State agencies, or Indian tribes
participating in the environmental review process to timely conduct the
review.
``(d) Agreements.--Prior to providing funds approved by the
Secretary for dedicated staffing at an affected Federal agency under
subsection (a), the affected Federal agency and the requesting public
entity shall enter into an agreement that establishes a process to
identify projects or priorities to be addressed by the use of the
funds.
``(e) Guidance.--
``(1) In general.--Not later than 180 days after the date of
enactment of this section, the Secretary shall issue guidance to
implement this section.
``(2) Factors.--As part of the guidance issued under paragraph
(1), the Secretary shall ensure--
``(A) to the maximum extent practicable, that expediting
and improving the process of environmental review and
permitting through the use of funds accepted and expended under
this section does not adversely affect the timeline for review
and permitting by Federal agencies, State agencies, or Indian
tribes of other entities that have not contributed funds under
this section;
``(B) that the use of funds accepted under this section
will not impact impartial decisionmaking with respect to
environmental reviews or permits, either substantively or
procedurally; and
``(C) that the Secretary maintains, and makes publicly
available, including on the Internet, a list of projects or
programs for which such review or permits have been carried out
using funds authorized under this section.
``(f) Existing Authority.--Nothing in this section may be construed
to conflict with section 139(j) of title 23.''.
(b) Conforming Amendment.--The analysis for chapter 3 of title 49,
United States Code, is amended by inserting after the item relating to
section 306 the following:
``307. Improving State and Federal agency engagement in environmental
reviews.''.
SEC. 1313. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS.
(a) In General.--Title 49, United States Code, is amended by
inserting after section 309 the following:
``Sec. 310. Aligning Federal environmental reviews
``(a) Coordinated and Concurrent Environmental Reviews.--Not later
than 1 year after the date of enactment of this section, the Department
of Transportation, in coordination with the heads of Federal agencies
likely to have substantive review or approval responsibilities under
Federal law, shall develop a coordinated and concurrent environmental
review and permitting process for transportation projects when
initiating an environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (in this
section referred to as `NEPA').
``(b) Contents.--The coordinated and concurrent environmental
review and permitting process developed under subsection (a) shall--
``(1) ensure that the Department of Transportation and agencies
of jurisdiction possess sufficient information early in the review
process to determine a statement of a transportation project's
purpose and need and range of alternatives for analysis that the
lead agency and agencies of jurisdiction will rely on for
concurrent environmental reviews and permitting decisions required
for the proposed project;
``(2) achieve early concurrence or issue resolution during the
NEPA scoping process on the Department of Transportation's
statement of a project's purpose and need, and during development
of the environmental impact statement on the range of alternatives
for analysis, that the lead agency and agencies of jurisdiction
will rely on for concurrent environmental reviews and permitting
decisions required for the proposed project absent circumstances
that require reconsideration in order to meet an agency of
jurisdiction's obligations under a statute or Executive order; and
``(3) achieve concurrence or issue resolution in an expedited
manner if circumstances arise that require a reconsideration of the
purpose and need or range of alternatives considered during any
Federal agency's environmental or permitting review in order to
meet an agency of jurisdiction's obligations under a statute or
Executive order.
``(c) Environmental Checklist.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary of Transportation and
Federal agencies of jurisdiction likely to have substantive review
or approval responsibilities on transportation projects shall
jointly develop a checklist to help project sponsors identify
potential natural, cultural, and historic resources in the area of
a proposed project.
``(2) Purpose.--The purpose of the checklist shall be to--
``(A) identify agencies of jurisdiction and cooperating
agencies;
``(B) develop the information needed for the purpose and
need and alternatives for analysis; and
``(C) improve interagency collaboration to help expedite
the permitting process for the lead agency and agencies of
jurisdiction.
``(d) Interagency Collaboration.--
``(1) In general.--Consistent with Federal environmental
statutes, the Secretary of Transportation shall facilitate annual
interagency collaboration sessions at the appropriate
jurisdictional level to coordinate business plans and facilitate
coordination of workload planning and workforce management.
``(2) Purpose of collaboration sessions.--The interagency
collaboration sessions shall ensure that agency staff is--
``(A) fully engaged;
``(B) utilizing the flexibility of existing regulations,
policies, and guidance; and
``(C) identifying additional actions to facilitate high
quality, efficient, and targeted environmental reviews and
permitting decisions.
``(3) Focus of collaboration sessions.--The interagency
collaboration sessions, and the interagency collaborations
generated by the sessions, shall focus on methods to--
``(A) work with State and local transportation entities to
improve project planning, siting, and application quality; and
``(B) consult and coordinate with relevant stakeholders and
Federal, tribal, State, and local representatives early in
permitting processes.
``(4) Consultation.--The interagency collaboration sessions
shall include a consultation with groups or individuals
representing State, tribal, and local governments that are engaged
in the infrastructure permitting process.
``(e) Performance Measurement.--Not later than 1 year after the
date of enactment of this section, the Secretary of Transportation, in
coordination with relevant Federal agencies, shall establish a program
to measure and report on progress toward aligning Federal reviews and
reducing permitting and project delivery time as outlined in this
section.
``(f) Reports.--
``(1) Report to congress.--Not later than 2 years after the
date of enactment of this section and biennially thereafter, the
Secretary of Transportation 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 describes--
``(A) progress in aligning Federal environmental reviews
under this section; and
``(B) the impact this section has had on accelerating the
environmental review and permitting process.
``(2) Inspector general report.--Not later than 3 years after
the date of enactment of this section, the Inspector General of the
Department of Transportation 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 describes--
``(A) progress in aligning Federal environmental reviews
under this section; and
``(B) the impact this section has had on accelerating the
environmental review and permitting process.
``(g) Savings Provision.--This section shall not apply to any
project subject to section 139 of title 23.''.
(b) Conforming Amendment.--The analysis for chapter 3 of title 49,
United States Code, is amended by inserting after the item relating to
section 309 the following:
``310. Aligning Federal environmental reviews.''.
SEC. 1314. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL
ASSISTANCE.
(a) Adjustment for Inflation.--Section 1317 of MAP-21 (23 U.S.C.
109 note; Public Law 112-141) is amended--
(1) in paragraph (1)(A) by inserting ``(as adjusted annually by
the Secretary to reflect any increases in the Consumer Price Index
prepared by the Department of Labor)'' after ``$5,000,000''; and
(2) in paragraph (1)(B) by inserting ``(as adjusted annually by
the Secretary to reflect any increases in the Consumer Price Index
prepared by the Department of Labor)'' after ``$30,000,000''.
(b) Retroactive Application.--The first adjustment made pursuant to
the amendments made by subsection (a) shall--
(1) be carried out not later than 60 days after the date of
enactment of this Act; and
(2) reflect the increase in the Consumer Price Index since July
1, 2012.
SEC. 1315. 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. 1316. ASSUMPTION OF AUTHORITIES.
(a) In General.--The Secretary shall use the authority under
section 106(c) of title 23, United States Code, to the maximum extent
practicable, to allow a State to assume the responsibilities of the
Secretary for project design, plans, specifications, estimates,
contract awards, and inspection of projects, on both a project-specific
and programmatic basis.
(b) Submission of Recommendations.--Not later than 18 months after
the date of enactment of this Act, the Secretary, in cooperation with
the States, shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate recommendations for
legislation to permit the assumption of additional authorities by
States, including with respect to real estate acquisition and project
design.
SEC. 1317. 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. 4321 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 Transportation
and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report describing the
results of the review carried out under subsection (a).
SEC. 1318. ASSESSMENT OF PROGRESS ON ACCELERATING PROJECT DELIVERY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall assess
the progress made under this Act, MAP-21 (Public Law 112-141), and
SAFETEA-LU (Public Law 109-59), including the amendments made by those
Acts, to accelerate the delivery of Federal-aid highway and highway
safety construction projects and public transportation capital projects
by streamlining the environmental review and permitting process.
(b) Contents.--The assessment required under subsection (a) shall
evaluate--
(1) how often the various streamlining provisions have been
used;
(2) which of the streamlining provisions have had the greatest
impact on streamlining the environmental review and permitting
process;
(3) what, if any, impact streamlining of the process has had on
environmental protection;
(4) how, and the extent to which, streamlining provisions have
improved and accelerated the process for permitting under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other
applicable Federal laws;
(5) what impact actions by the Council on Environmental Quality
have had on accelerating Federal-aid highway and highway safety
construction projects and public transportation capital projects;
(6) the number and percentage of projects that proceed under a
traditional environmental assessment or environmental impact
statement, and the number and percentage of projects that proceed
under categorical exclusions;
(7) the extent to which the environmental review and permitting
process remains a significant source of project delay and the
sources of delays; and
(8) the costs of conducting environmental reviews and issuing
permits or licenses for a project, including the cost of
contractors and dedicated agency staff.
(c) Recommendations.--The assessment required under subsection (a)
shall include recommendations with respect to--
(1) additional opportunities for streamlining the environmental
review process, including regulatory or statutory changes to
accelerate the processes of Federal agencies (other than the
Department) with responsibility for reviewing Federal-aid highway
and highway safety construction projects and public transportation
capital projects without negatively impacting the environment; and
(2) best practices of other Federal agencies that should be
considered for adoption by the Department.
(d) Report to Congress.--The Comptroller General of the United
States shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report containing the
assessment and recommendations required under this section.
Subtitle D--Miscellaneous
SEC. 1401. PROHIBITION ON THE USE OF FUNDS FOR AUTOMATED TRAFFIC
ENFORCEMENT.
(a) Prohibition.--Except as provided in subsection (b), for fiscal
years 2016 through 2020, funds apportioned to a State under section
104(b)(3) of title 23, United States Code, may not be used to purchase,
operate, or maintain an automated traffic enforcement system.
(b) Exception.--Subsection (a) does not apply to an automated
traffic enforcement system located in a school zone.
(c) Automated Traffic Enforcement System Defined.--In this section,
the term ``automated traffic enforcement system'' means any camera that
captures an image of a vehicle for the purposes of traffic law
enforcement.
SEC. 1402. HIGHWAY TRUST FUND TRANSPARENCY AND ACCOUNTABILITY.
(a) In General.--Section 104 of title 23, United States Code, is
amended by striking subsection (g) and inserting the following:
``(g) Highway Trust Fund Transparency and Accountability Reports.--
``(1) Compilation of data.--Not later than 180 days after the
date of enactment of the FAST Act, the Secretary shall compile data
in accordance with this subsection on the use of Federal-aid
highway funds made available under this title.
``(2) Requirements.--The Secretary shall ensure that the
reports required under this subsection are made available in a
user-friendly manner on the public Internet website of the
Department of Transportation and can be searched and downloaded by
users of the website.
``(3) Contents of reports.--
``(A) Apportioned and allocated programs.--On a semiannual
basis, the Secretary shall make available a report on funding
apportioned and allocated to the States under this title that
describes--
``(i) the amount of funding obligated by each State,
year-to-date, for the current fiscal year;
``(ii) the amount of funds remaining available for
obligation by each State;
``(iii) changes in the obligated, unexpended balance
for each State, year-to-date, during the current fiscal
year, including the obligated, unexpended balance at the
end of the preceding fiscal year and current fiscal year
expenditures;
``(iv) the amount and program category of unobligated
funding, year-to-date, available for expenditure at the
discretion of the Secretary;
``(v) the rates of obligation on and off the National
Highway System, year-to-date, for the current fiscal year
of funds apportioned, allocated, or set aside under this
section, according to--
``(I) program;
``(II) funding category or subcategory;
``(III) type of improvement;
``(IV) State; and
``(V) sub-State geographical area, including
urbanized and rural areas, on the basis of the
population of each such area; and
``(vi) the amount of funds transferred by each State,
year-to-date, for the current fiscal year between programs
under section 126.
``(B) Project data.--On an annual basis, the Secretary
shall make available a report that provides, for any project
funded under this title (excluding projects for which funds are
transferred to agencies other than the Federal Highway
Administration) with an estimated total cost as of the start of
construction greater than $25,000,000, and to the maximum
extent practicable, other projects funded under this title,
project data describing--
``(i) the specific location of the project;
``(ii) the total cost of the project;
``(iii) the amount of Federal funding obligated for the
project;
``(iv) the program or programs from which Federal funds
have been obligated for the project;
``(v) the type of improvement being made, 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;
``(vi) the ownership of the highway or bridge;
``(vii) 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;
``(III) 50,000 or more individuals but less than
200,000 individuals; or
``(IV) 200,000 or more individuals; and
``(viii) available information on the estimated cost of
the project as of the start of project construction, or the
revised cost estimate based on a description of revisions
to the scope of work or other factors affecting project
cost other than cost overruns.''.
(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. 1403. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 104 the following:
``Sec. 105. Additional deposits into Highway Trust Fund
``(a) In General.--If monies are deposited into the Highway Account
or Mass Transit Account pursuant to a law enacted subsequent to the
date of enactment of the FAST Act, the Secretary shall make available
additional amounts of contract authority under subsections (b) and (c).
``(b) Amount of Adjustment.--If monies are deposited into the
Highway Account or the Mass Transit Account as described in subsection
(a), on October 1 of the fiscal year following the deposit of such
monies, the Secretary shall--
``(1) make available for programs authorized from such account
for such fiscal year a total amount equal to--
``(A) the amount otherwise authorized to be appropriated
for such programs for such fiscal year; plus
``(B) an amount equal to such monies deposited into such
account during the previous fiscal year as described in
subsection (a); and
``(2) distribute the additional amount under paragraph (1)(B)
to each of such programs in accordance with subsection (c).
``(c) Distribution of Adjustment Among Programs.--
``(1) In general.--In making an adjustment for programs
authorized to be appropriated from the Highway Account or the Mass
Transit Account for a fiscal year under subsection (b), the
Secretary shall--
``(A) determine the ratio that--
``(i) the amount authorized to be appropriated for a
program from the account for the fiscal year; bears to
``(ii) the total amount authorized to be appropriated
for such fiscal year for all programs under such account;
``(B) multiply the ratio determined under subparagraph (A)
by the amount of the adjustment determined under subsection
(b)(1)(B); and
``(C) adjust the amount that the Secretary would otherwise
have allocated for the program for such fiscal year by the
amount calculated under subparagraph (B).
``(2) Formula programs.--For a program for which funds are
distributed by formula, the Secretary shall add the adjustment to
the amount authorized for the program but for this section and make
available the adjusted program amount for such program in
accordance with such formula.
``(3) Availability for obligation.--Adjusted amounts under this
subsection shall be available for obligation and administered in
the same manner as other amounts made available for the program for
which the amount is adjusted.
``(d) Exclusion of Emergency Relief Program and Covered
Administrative Expenses.--The Secretary shall exclude the emergency
relief program under section 125 and covered administrative expenses
from an adjustment of funding under subsection (c)(1).
``(e) Authorization of Appropriations.--There is authorized to be
appropriated from the appropriate account or accounts of the Highway
Trust Fund an amount equal to the amount of an adjustment for a fiscal
year under subsection (b) for any of fiscal years 2017 through 2020.
``(f) Revision to Obligation Limitations.--
``(1) In general.--If the Secretary makes an adjustment under
subsection (b) for a fiscal year to an amount subject to a
limitation on obligations imposed by section 1102 or 3018 of the
FAST Act--
``(A) such limitation on obligations for such fiscal year
shall be revised by an amount equal to such adjustment; and
``(B) the Secretary shall distribute such limitation on
obligations, as revised under subparagraph (A), in accordance
with such sections.
``(2) Exclusion of covered administrative expenses.--The
Secretary shall exclude covered administrative expenses from--
``(A) any calculation relating to a revision of a
limitation on obligations under paragraph (1)(A); and
``(B) any distribution of a revised limitation on
obligations under paragraph (1)(B).
``(g) Definitions.--In this section, the following definitions
apply:
``(1) Covered administrative expenses.--The term `covered
administrative expenses' means the administrative expenses of--
``(A) the Federal Highway Administration, as authorized
under section 104(a);
``(B) the National Highway Traffic Safety Administration,
as authorized under section 4001(a)(6) of the FAST Act; and
``(C) the Federal Motor Carrier Safety Administration, as
authorized under section 31110 of title 49.
``(2) Highway account.--The term `Highway Account' means the
portion of the Highway Trust Fund that is not the Mass Transit
Account.
``(3) Mass transit account.--The term `Mass Transit Account'
means the Mass Transit Account of the Highway Trust Fund
established under section 9503(e)(1) of the Internal Revenue Code
of 1986.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 104 the following:
``105. Additional deposits into Highway Trust Fund.''.
SEC. 1404. 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'';
(ii) in subparagraph (B) by striking ``and'' at the
end;
(iii) by redesignating subparagraph (C) as subparagraph
(D); and
(iv) by inserting after subparagraph (B) the following:
``(C) cost savings by utilizing flexibility that exists in
current design guidance and regulations; and''; and
(B) in paragraph (2)--
(i) in subparagraph (C) by striking ``and'' at the end;
(ii) by redesignating subparagraph (D) as subparagraph
(F); and
(iii) by inserting after subparagraph (C) the
following:
``(D) the publication entitled `Highway Safety Manual' of
the American Association of State Highway and Transportation
Officials;
``(E) the publication entitled `Urban Street Design Guide'
of the National Association of City Transportation Officials;
and''; and
(2) in subsection (f) by inserting ``pedestrian walkways,''
after ``bikeways,''.
(b) Design Standard Flexibility.--Notwithstanding section 109(o) of
title 23, United States Code, a State may allow a local jurisdiction to
use a roadway design publication that is different from the roadway
design publication used by the State in which the local jurisdiction is
located for the design of a project on a roadway under the ownership of
the local jurisdiction (other than a highway on the Interstate System)
if--
(1) the local jurisdiction is a direct recipient of Federal
funds for the project;
(2) the roadway design publication--
(A) is recognized by the Federal Highway Administration;
and
(B) is adopted by the local jurisdiction; and
(3) the design complies with all other applicable Federal laws.
SEC. 1405. 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. 1406. 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) in the matter preceding clause (i)
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. 1407. 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 vehicle-to-infrastructure communication equipment''
after ``capital improvements''.
(b) Surface Transportation Block Grant Program.--Section
133(b)(1)(D) of title 23, United States Code, is amended by inserting
``, including the installation of vehicle-to-infrastructure
communication equipment'' after ``capital improvements''.
SEC. 1408. FEDERAL SHARE PAYABLE.
(a) Innovative Project Delivery Methods.--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 inserting ``or project delivery'' after ``or
contracting'';
(2) in subparagraph (B)--
(A) in clause (iii) by inserting ``and alternative
bidding'' before the semicolon at the end;
(B) in clause (iv) by striking ``or'' at the end;
(C) by redesignating clause (v) as clause (vi); and
(D) by inserting after clause (iv) the following:
``(v) innovative pavement materials that have a
demonstrated life cycle of 75 or more years, are
manufactured with reduced greenhouse gas emissions, and
reduce construction-related congestion by rapidly curing;
or''; and
(b) Emergency Relief.--Section 120(e)(2) of title 23, United States
Code, is amended by striking ``Federal land access transportation
facilities'' and inserting ``other Federally owned roads that are open
to public travel''.
SEC. 1409. MILK PRODUCTS.
Section 127(a) of title 23, United States Code, is amended by
adding at the end the following:
``(13) Milk products.--A vehicle carrying fluid milk products
shall be considered a load that cannot be easily dismantled or
divided.''.
SEC. 1410. INTERSTATE WEIGHT LIMITS.
Section 127 of title 23, United States Code, is amended by adding
at the end the following:
``(m) Covered Heavy-duty Tow and Recovery Vehicles.--
``(1) In general.--The vehicle weight limitations set forth in
this section do not apply to a covered heavy-duty tow and recovery
vehicle.
``(2) Covered heavy-duty tow and recovery vehicle defined.--In
this subsection, the term `covered heavy-duty tow and recovery
vehicle' means a vehicle that--
``(A) is transporting a disabled vehicle from the place
where the vehicle became disabled to the nearest appropriate
repair facility; and
``(B) has a gross vehicle weight that is equal to or
exceeds the gross vehicle weight of the disabled vehicle being
transported.
``(n) Operation of Vehicles on Certain Highways in the State of
Texas.--If any segment in the State of Texas of United States Route 59,
United States Route 77, United States Route 281, United States Route
84, Texas State Highway 44, or another roadway is designated as
Interstate Route 69, a vehicle that could operate legally on that
segment before the date of the designation may continue to operate on
that segment, without regard to any requirement under this section.
``(o) Certain Logging Vehicles in the State of Wisconsin.--
``(1) In general.--The Secretary shall waive, with respect to a
covered logging vehicle, the application of any vehicle weight
limit established under this section.
``(2) Covered logging vehicle defined.--In this subsection, the
term `covered logging vehicle' means a vehicle that--
``(A) is transporting raw or unfinished forest products,
including logs, pulpwood, biomass, or wood chips;
``(B) has a gross vehicle weight of not more than 98,000
pounds;
``(C) has not less than 6 axles; and
``(D) is operating on a segment of Interstate Route 39 in
the State of Wisconsin from mile marker 175.8 to mile marker
189.
``(p) Operation of Certain Specialized Vehicles on Certain Highways
in the State of Arkansas.--If any segment of United States Route 63
between the exits for highways 14 and 75 in the State of Arkansas is
designated as part of the Interstate System, the single axle weight,
tandem axle weight, gross vehicle weight, and bridge formula limits
under subsection (a) and the width limitation under section 31113(a) of
title 49 shall not apply to that segment with respect to the operation
of any vehicle that could operate legally on that segment before the
date of the designation.
``(q) Certain Logging Vehicles in the State of Minnesota.--
``(1) In general.--The Secretary shall waive, with respect to a
covered logging vehicle, the application of any vehicle weight
limit established under this section.
``(2) Covered logging vehicle defined.--In this subsection, the
term `covered logging vehicle' means a vehicle that--
``(A) is transporting raw or unfinished forest products,
including logs, pulpwood, biomass, or wood chips;
``(B) has a gross vehicle weight of not more than 99,000
pounds;
``(C) has not less than 6 axles; and
``(D) is operating on a segment of Interstate Route 35 in
the State of Minnesota from mile marker 235.4 to mile marker
259.552.
``(r) Emergency Vehicles.--
``(1) In general.--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.
``(2) Emergency vehicle defined.--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.
``(s) 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.''.
SEC. 1411. TOLLING; HOV FACILITIES; INTERSTATE RECONSTRUCTION AND
REHABILITATION.
(a) Tolling.--Section 129(a) of title 23, United States Code, is
amended--
(1) in paragraph (3)(A), in the matter preceding clause (i)--
(A) by striking ``shall use'' and inserting ``shall ensure
that''; and
(B) by inserting ``are used'' before ``only for'';
(2) by striking paragraph (4) and redesignating paragraphs (5)
through (9) as paragraphs (4) through (8), respectively; and
(3) in subparagraph (B) of paragraph (4) (as so redesignated)
by striking ``Federal-aid system'' and inserting ``Federal-aid
highways'';
(4) by inserting after paragraph (8) (as so redesignated)--
``(9) Equal access for over-the-road buses.--An over-the-road
bus that serves the public shall be provided access to a toll
facility under the same rates, terms, and conditions as public
transportation buses.''; and
(5) in paragraph (10)--
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B) the following:
``(C) Over-the-road bus.--The term `over-the-road bus' has
the meaning given the term in section 301 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12181).''.
(b) HOV Facilities.--Section 166 of title 23, United States Code,
is amended--
(1) by striking ``the agency'' each place it appears and
inserting ``the authority'';
(2) in subsection (a)(1)--
(A) by striking the paragraph heading and inserting
``authority of public authorities''; and
(B) by striking ``State agency'' and inserting ``public
authority'';
(3) in subsection (b)--
(A) by striking ``State agency'' each place it appears and
inserting ``public authority'';
(B) in paragraph (3)--
(i) in subparagraph (A) by striking ``and'' at the end;
(ii) in subparagraph (B) by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) provides equal access under the same rates, terms,
and conditions for all public transportation vehicles and over-
the-road buses serving the public.'';
(C) in paragraph (4)(C)--
(i) in clause (i) by striking ``and'' at the end;
(ii) in clause (ii) by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) ensure that over-the-road buses serving the
public are provided access to the facility under the same
rates, terms, and conditions as public transportation
buses.''; and
(D) in paragraph (5)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) Special rule.--Before September 30, 2025, if a public
authority establishes procedures for enforcing the restrictions
on the use of a HOV facility by vehicles described in clauses
(i) and (ii), the public authority 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.''; and
(ii) in subparagraph (B) by striking ``2017'' and
inserting ``2019'';
(4) in subsection (c)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--Notwithstanding section 301, tolls may be
charged under paragraphs (4) and (5) of subsection (b), subject to
the requirements of section 129.''; and
(B) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2);
(5) in subsection (d)--
(A) by striking ``State agency'' each place it appears and
inserting ``public authority'';
(B) in paragraph (1)--
(i) by striking subparagraphs (D) and (E); and
(ii) by inserting after subparagraph (C) 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 public authority with jurisdiction over
the facility shall submit to the Secretary for approval a
plan that details the actions the public authority will
take to make significant progress toward bringing the
facility into compliance with the minimum average operating
speed performance standard through changes to the 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 public
authority 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 make significant progress toward bringing the HOV
facility into compliance with the minimum average operating
speed performance standard.
``(iii) Annual progress updates.--Until the date on
which the Secretary determines that the public authority
has brought the HOV facility into compliance with this
subsection, the public authority shall submit annual
updates that describe--
``(I) the actions taken to bring the HOV facility
into compliance; and
``(II) the progress made by those actions.
``(E) Compliance.--If the public authority fails to bring a
facility into compliance under subparagraph (D), the Secretary
shall subject the public authority 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.
``(F) Waiver.--
``(i) In general.--Upon the request of a public
authority, the Secretary may waive the compliance
requirements of subparagraph (E), if the Secretary
determines that--
``(I) the waiver is in the best interest of the
traveling public;
``(II) the public authority is meeting the
conditions under subparagraph (D); and
``(III) the public authority has made a good faith
effort to improve the performance of the facility.
``(ii) Condition.--The Secretary may require, as a
condition of providing a waiver under this subparagraph,
that a public authority take additional actions, as
determined by the Secretary, to maximize the operating
speed performance of the facility, even if such performance
is below the level set under paragraph (2).'';
(6) in subsection (f)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``solely'' before ``operating'';
(B) in paragraph (4)(B)(iii) by striking ``State agency''
and inserting ``public authority'';
(C) by striking paragraph (5);
(D) by redesignating paragraph (4) as paragraph (6); and
(E) by inserting after paragraph (3) the following:
``(4) Over-the-road bus.--The term `over-the-road bus' has the
meaning given the term in section 301 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12181).
``(5) Public authority.--The term `public authority' as used
with respect to a HOV facility, means a State, interstate compact
of States, public entity designated by a State, or local government
having jurisdiction over the operation of the facility.''; and
(7) by adding at the end the following:
``(g) Consultation of MPO.--If a HOV facility charging tolls under
paragraph (4) or (5) of subsection (b) is on the Interstate System and
located in a metropolitan planning area established in accordance with
section 134, the public authority shall consult with the metropolitan
planning organization for the area concerning the placement and amount
of tolls on the facility.''.
(c) Interstate System Reconstruction and Rehabilitation Pilot
Program.--Section 1216(b) of the Transportation Equity Act for the 21st
Century (Public Law 105-178) is amended--
(1) in paragraph (4)--
(A) in subparagraph (D) by striking ``and'' at the end;
(B) in subparagraph (E) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(F) the State has the authority required for the project
to proceed.'';
(2) by redesignating paragraphs (6) through (8) as paragraphs
(8) through (10), respectively; and
(3) by inserting after paragraph (5) the following:
``(6) Requirements for project completion.--
``(A) General term for expiration of provisional
application.--An application provisionally approved by the
Secretary under this subsection shall expire 3 years after the
date on which the application was provisionally approved if the
State has not--
``(i) submitted a complete application to the Secretary
that fully satisfies the eligibility criteria under
paragraph (3) and the selection criteria under paragraph
(4);
``(ii) completed the environmental review and
permitting process under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) for the pilot project;
and
``(iii) executed a toll agreement with the Secretary.
``(B) Exceptions to expiration.--Notwithstanding
subparagraph (A), the Secretary may extend the provisional
approval for not more than 1 additional year if the State
demonstrates material progress toward implementation of the
project as evidenced by--
``(i) substantial progress in completing the
environmental review and permitting process for the pilot
project under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
``(ii) funding and financing commitments for the pilot
project;
``(iii) expressions of support for the pilot project
from State and local governments, community interests, and
the public; and
``(iv) submission of a facility management plan
pursuant to paragraph (3)(D).
``(C) Conditions for previously provisionally approved
applications.--A State with a provisionally approved
application for a pilot project as of the date of enactment of
the FAST Act shall have 1 year after that date of enactment to
meet the requirements of subparagraph (A) or receive an
extension from the Secretary under subparagraph (B), or the
application will expire.
``(7) Definition.--In this subsection, the term `provisional
approval' or `provisionally approved' means the approval by the
Secretary of a partial application under this subsection, including
the reservation of a slot in the pilot program.''.
(d) Approval of Applications.--The Secretary may approve an
application submitted under section 1604(c) of SAFETEA-LU (Public Law
109-59; 119 Stat. 1253) if the application, or any part of the
application, was submitted before the deadline specified in section
1604(c)(8) of that Act.
SEC. 1412. PROJECTS FOR PUBLIC SAFETY RELATING TO IDLING TRAINS.
Section 130(a) of title 23, United States Code, is amended by
striking ``and the relocation of highways to eliminate grade
crossings'' and inserting ``the relocation of highways to eliminate
grade crossings, and projects at grade crossings to eliminate hazards
posed by blocked grade crossings due to idling trains''.
SEC. 1413. NATIONAL ELECTRIC VEHICLE CHARGING AND HYDROGEN, PROPANE,
AND NATURAL GAS FUELING CORRIDORS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 150 the following:
``Sec. 151. National electric vehicle charging and hydrogen, propane,
and natural gas fueling corridors
``(a) In General.--Not later than 1 year after the date of
enactment of the FAST Act, the Secretary shall designate national
electric vehicle charging and hydrogen, propane, and natural gas
fueling corridors that identify the near- and long-term need for, and
location of, electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, and natural gas fueling
infrastructure at strategic locations along major national highways to
improve the mobility of passenger and commercial vehicles that employ
electric, hydrogen fuel cell, propane, and natural gas fueling
technologies across the United States.
``(b) Designation of Corridors.--In designating the corridors under
subsection (a), the Secretary shall--
``(1) solicit nominations from State and local officials for
facilities to be included in the corridors;
``(2) incorporate existing electric vehicle charging, hydrogen
fueling, propane fueling, and natural gas fueling corridors
designated by a State or group of States; and
``(3) consider the demand for, and location of, existing
electric vehicle charging stations, hydrogen fueling stations,
propane fueling stations, and natural gas fueling infrastructure.
``(c) Stakeholders.--In designating corridors under subsection (a),
the Secretary shall involve, on a voluntary basis, stakeholders that
include--
``(1) the heads of other Federal agencies;
``(2) State and local officials;
``(3) representatives of--
``(A) energy utilities;
``(B) the electric, fuel cell electric, propane, and
natural gas vehicle industries;
``(C) the freight and shipping industry;
``(D) clean technology firms;
``(E) the hospitality industry;
``(F) the restaurant industry;
``(G) highway rest stop vendors; and
``(H) industrial gas and hydrogen manufacturers; and
``(4) such other stakeholders as the Secretary determines to be
necessary.
``(d) Redesignation.--Not later than 5 years after the date of
establishment of the corridors under subsection (a), and every 5 years
thereafter, the Secretary shall update and redesignate the corridors.
``(e) Report.--During designation and redesignation of the
corridors under this section, the Secretary shall issue a report that--
``(1) identifies electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling infrastructure,
and natural gas fueling infrastructure and standardization needs
for electricity providers, industrial gas providers, natural gas
providers, infrastructure providers, vehicle manufacturers,
electricity purchasers, and natural gas purchasers; and
``(2) establishes an aspirational goal of achieving strategic
deployment of electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure, and natural
gas fueling infrastructure in those corridors by the end of fiscal
year 2020.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 150 the following:
``151. National electric vehicle charging and hydrogen, propane, and
natural gas fueling corridors.''.
(c) Operation of Battery Recharging Stations in Parking Areas Used
by Federal Employees.--
(1) Authorization.--
(A) In general.--The Administrator of General Services may
install, construct, operate, and maintain on a reimbursable
basis a battery recharging station (or allow, on a reimbursable
basis, the use of a 120-volt electrical receptacle for battery
recharging) in a parking area that is in the custody, control,
or administrative jurisdiction of the General Services
Administration for the use of only privately owned vehicles of
employees of the General Services Administration, tenant
Federal agencies, and others who are authorized to park in such
area to the extent such use by only privately owned vehicles
does not interfere with or impede access to the equipment by
Federal fleet vehicles.
(B) Areas under other federal agencies.--The Administrator
of General Services (on the request of a Federal agency) or the
head of a Federal agency may install, construct, operate, and
maintain on a reimbursable basis a battery recharging station
(or allow, on a reimbursable basis, the use of a 120-volt
electrical receptacle for battery recharging) in a parking area
that is in the custody, control, or administrative jurisdiction
of the requesting Federal agency, to the extent such use by
only privately owned vehicles does not interfere with or impede
access to the equipment by Federal fleet vehicles.
(C) Use of vendors.--The Administrator of General Services,
with respect to subparagraph (A) or (B), or the head of a
Federal agency, with respect to subparagraph (B), may carry out
such subparagraph through a contract with a vendor, under such
terms and conditions (including terms relating to the
allocation between the Federal agency and the vendor of the
costs of carrying out the contract) as the Administrator or the
head of the Federal agency, as the case may be, and the vendor
may agree to.
(2) Imposition of fees to cover costs.--
(A) Fees.--The Administrator of General Services or the
head of the Federal agency under paragraph (1)(B) shall charge
fees to the individuals who use the battery recharging station
in such amount as is necessary to ensure that the respective
agency recovers all of the costs such agency incurs in
installing, constructing, operating, and maintaining the
station.
(B) Deposit and availability of fees.--Any fees collected
by the Administrator of General Services or the Federal agency,
as the case may be, under this paragraph shall be--
(i) deposited monthly in the Treasury to the credit of
the respective agency's appropriations account for the
operations of the building where the battery recharging
station is located; and
(ii) available for obligation without further
appropriation during--
(I) the fiscal year collected; and
(II) the fiscal year following the fiscal year
collected.
(3) No effect on existing programs for house and senate.--
Nothing in this subsection affects the installation, construction,
operation, or maintenance of battery recharging stations by the
Architect of the Capitol--
(A) under Public Law 112-170 (2 U.S.C. 2171), relating to
employees of the House of Representatives and individuals
authorized to park in any parking area under the jurisdiction
of the House of Representatives on the Capitol Grounds; or
(B) under Public Law 112-167 (2 U.S.C. 2170), relating to
employees of the Senate and individuals authorized to park in
any parking area under the jurisdiction of the Senate on the
Capitol Grounds.
(4) No effect on similar authorities.--Nothing in this
subsection--
(A) repeals or limits any existing authorities of a Federal
agency to install, construct, operate, or maintain battery
recharging stations; or
(B) requires a Federal agency to seek reimbursement for the
costs of installing or constructing a battery recharging
station--
(i) that has been installed or constructed prior to the
date of enactment of this Act;
(ii) that is installed or constructed for Federal fleet
vehicles, but that receives incidental use to recharge
privately owned vehicles; or
(iii) that is otherwise installed or constructed
pursuant to appropriations for that purpose.
(5) Annual report to congress.--Not later than 2 years after
the date of enactment of this Act, and annually thereafter for 10
years, the Administrator of General Services shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works
of the Senate a report describing--
(A) the number of battery recharging stations installed by
the Administrator on the Administrator's own initiative under
this subsection;
(B) requests from other Federal agencies to install battery
recharging stations; and
(C) the status and disposition of requests from other
Federal agencies.
(6) Federal agency defined.--In this subsection, the term
``Federal agency'' has the meaning given the term ``Executive
agency'' in section 105 of title 5, United States Code, and
includes--
(A) the United States Postal Service;
(B) the Executive Office of the President;
(C) the military departments (as defined in section 102 of
title 5, United States Code); and
(D) the judicial branch.
(7) Effective date.--This subsection shall apply with respect
to fiscal year 2016 and each succeeding fiscal year.
SEC. 1414. 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'';
(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)(II) by inserting before the semicolon
the following: ``(unless the State certifies that the
general practice is that such an individual will be
incarcerated)''; and
(ii) in clause (ii)(II) by inserting before the period
at the end the following: ``(unless the State certifies
that the general practice is that such an individual will
receive 10 days of incarceration)''; and
(4) by adding at the end the following:
``(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. 1415. 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. 1416. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.
(a) Identification of High Priority Corridors on National Highway
System.--Section 1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 190; 119 Stat. 1213)
is amended--
(1) by striking paragraph (13) and inserting the following:
``(13) Raleigh-Norfolk Corridor from Raleigh, North Carolina,
through Rocky Mount, Williamston, and Elizabeth City, North
Carolina, to Norfolk, Virginia.'';
(2) in paragraph (18)(D)--
(A) in clause (ii) by striking ``and'' at the end;
(B) in clause (iii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) include Texas State Highway 44 from United
States Route 59 at Freer, Texas, to Texas State Highway
358.'';
(3) by striking paragraph (68) and inserting the following:
``(68) The Washoe County Corridor and the Intermountain West
Corridor, which shall generally follow--
``(A) for the Washoe County Corridor, along Interstate
Route 580/United States Route 95/United States Route 95A from
Reno, Nevada, to Las Vegas, Nevada; and
``(B) for the Intermountain West Corridor, from the
vicinity of Las Vegas, Nevada, north along United States Route
95 terminating at Interstate Route 80.''; and
(4) by adding at the end the following:
``(81) United States Route 117/Interstate Route 795 from United
States Route 70 in Goldsboro, Wayne County, North Carolina, to
Interstate Route 40 west of Faison, Sampson County, North Carolina.
``(82) United States Route 70 from its intersection with
Interstate Route 40 in Garner, Wake County, North Carolina, to the
Port at Morehead City, Carteret County, North Carolina.
``(83) The Sonoran Corridor along State Route 410 connecting
Interstate Route 19 and Interstate Route 10 south of the Tucson
International Airport.
``(84) The Central Texas Corridor commencing at the logical
terminus of Interstate Route 10, generally following portions of
United States Route 190 eastward, passing in the vicinity Fort
Hood, Killeen, Belton, Temple, Bryan, College Station, Huntsville,
Livingston, and Woodville, to the logical terminus of Texas Highway
63 at the Sabine River Bridge at Burrs Crossing.
``(85) Interstate Route 81 in New York from its intersection
with Interstate Route 86 to the United States-Canadian border.
``(86) Interstate Route 70 from Denver, Colorado, to Salt Lake
City, Utah.
``(87) The Oregon 99W Newberg-Dundee Bypass Route between
Newberg, Oregon, and Dayton, Oregon.
``(88) Interstate Route 205 in Oregon from its intersection
with Interstate Route 5 to the Columbia River.''.
(b) Inclusion of Certain Route Segments on Interstate System.--
Section 1105(e)(5)(A) of the Intermodal Surface Transportation
Efficiency Act of 1991 (109 Stat. 597; 118 Stat. 293; 119 Stat. 1213)
is amended in the first sentence--
(1) by inserting ``subsection (c)(13),'' after ``subsection
(c)(9),'';
(2) by striking ``subsections (c)(18)'' and all that follows
through ``subsection (c)(36)'' and inserting ``subsection (c)(18),
subsection (c)(20), subparagraphs (A) and (B)(i) of subsection
(c)(26), subsection (c)(36)''; and
(3) by striking ``and subsection (c)(57)'' and inserting
``subsection (c)(57), subsection (c)(68)(B), subsection (c)(81),
subsection (c)(82), and subsection (c)(83)''.
(c) Designation.--Section 1105(e)(5)(C)(i) of the Intermodal
Surface Transportation Efficiency Act of 1991 (109 Stat. 598; 126 Stat.
427) is amended by striking the final sentence and inserting the
following: ``The routes referred to in subparagraphs (A) and (B)(i) of
subsection (c)(26) and in subsection (c)(68)(B) are designated as
Interstate Route I-11. The route referred to in subsection (c)(84) is
designated as Interstate Route I-14.''.
(d) Future Interstate Designation.--Section 119(a) of the SAFETEA-
LU Technical Corrections Act of 2008 (122 Stat. 1608) is amended by
striking ``and, as a future Interstate Route 66 Spur, the Natcher
Parkway in Owensboro, Kentucky'' and inserting ``between Henderson,
Kentucky, and Owensboro, Kentucky, and, as a future Interstate Route 65
and 66 Spur, the William H. Natcher Parkway between Bowling Green,
Kentucky, and Owensboro, Kentucky''.
SEC. 1417. WORK ZONE AND GUARD RAIL SAFETY TRAINING.
(a) In General.--Section 1409 of SAFETEA-LU (23 U.S.C. 401 note) is
amended--
(1) by striking the section heading and inserting ``work zone
and guard rail safety training''; and
(2) in subsection (b) by adding at the end the following:
``(4) Development, updating, and delivery of training courses
on guard rail installation, maintenance, and inspection.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by striking the item relating to section 1409 and
inserting the following:
``Sec. 1409. Work zone and guard rail safety training.''.
SEC. 1418. CONSOLIDATION OF PROGRAMS.
Section 1519(a) of MAP-21 (126 Stat. 574) is amended by striking
``From administrative funds'' and all that follows through ``shall be
made available'' and inserting ``For each of fiscal years 2016 through
2020, before making an apportionment under section 104(b)(3) of title
23, United States Code, the Secretary shall set aside, from amounts
made available to carry out the highway safety improvement program
under section 148 of such title for the fiscal year, $3,500,000''.
SEC. 1419. ELIMINATION OR MODIFICATION OF CERTAIN REPORTING
REQUIREMENTS.
(a) Fundamental Properties of Asphalts Report.--Section 6016(e) of
the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
2183) is repealed.
(b) Express Lanes Demonstration Program Reports.--Section
1604(b)(7)(B) of SAFETEA-LU (23 U.S.C. 129 note) is repealed.
SEC. 1420. FLEXIBILITY FOR PROJECTS.
(a) Authority.--With respect to projects eligible for funding under
title 23, United States Code, subject to subsection (b) and on request
by a State, the Secretary may--
(1) exercise all existing flexibilities under and exceptions
to--
(A) the requirements of title 23, United States Code; and
(B) other requirements administered by the Secretary, in
whole or part; and
(2) otherwise provide additional flexibility or expedited
processing with respect to the requirements described in paragraph
(1).
(b) Maintaining Protections.--Nothing in this section--
(1) waives the requirements of section 113 or 138 of title 23,
United States Code;
(2) supersedes, amends, or modifies--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) or any other Federal environmental law; or
(B) any requirement of title 23 or title 49, United States
Code; or
(3) affects the responsibility of any Federal officer to comply
with or enforce any law or requirement described in this
subsection.
SEC. 1421. PRODUCTIVE AND TIMELY EXPENDITURE OF FUNDS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall develop guidance that encourages the
use of programmatic approaches to project delivery, expedited and
prudent procurement techniques, and other best practices to facilitate
productive, effective, and timely expenditure of funds for projects
eligible for funding under title 23, United States Code.
(b) Implementation.--The Secretary shall work with States to ensure
that any guidance developed under subsection (a) is consistently
implemented by States and the Federal Highway Administration to--
(1) avoid unnecessary delays in completing projects;
(2) minimize cost overruns; and
(3) ensure the effective use of Federal funding.
SEC. 1422. 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. 1423. RELINQUISHMENT OF PARK-AND-RIDE LOT FACILITIES.
A State transportation agency may relinquish park-and-ride lot
facilities or portions of park-and-ride lot facilities to a local
government agency for highway purposes if authorized to do so under
State law if the agreement providing for the relinquishment provides
that--
(1) rights-of-way on the Interstate System will remain
available for future highway improvements; and
(2) modifications to the facilities that could impair the
highway or interfere with the free and safe flow of traffic are
subject to the approval of the Secretary.
SEC. 1424. PILOT PROGRAM.
(a) In General.--The Administrator of the Federal Highway
Administration (referred to in this section as the ``Administrator'')
may establish a pilot program that allows a State to utilize innovative
approaches to maintain the right-of-way of Federal-aid highways within
the State.
(b) Limitation.--A pilot program established under subsection (a)
shall--
(1) terminate after not more than 4 years;
(2) include not more than 5 States; and
(3) be subject to guidelines published by the Administrator.
(c) Report.--If the Administrator establishes a pilot program under
subsection (a), the Administrator shall, not more than 1 year after the
completion of the pilot program, submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
the results of the pilot program.
(d) Savings Provision.--Nothing in this section may be construed to
affect the requirements of section 111 of title 23, United States Code.
SEC. 1425. 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), if a State notifies the Federal Highway Administration,
the State may allow the maintenance of a sign of a service club,
charitable association, or religious service organization--
(1) that exists on the date of enactment of this Act (or was
removed in the 3-year period ending on such date of enactment); and
(2) the area of which is less than or equal to 32 square feet.
SEC. 1426. MOTORCYCLIST ADVISORY COUNCIL.
The Secretary, acting through the Administrator of the Federal
Highway Administration, shall appoint a Motorcyclist Advisory Council
to coordinate with and advise the Administrator on infrastructure
issues of concern to motorcyclists, including--
(1) barrier design;
(2) road design, construction, and maintenance practices; and
(3) the architecture and implementation of intelligent
transportation system technologies.
SEC. 1427. HIGHWAY WORK ZONES.
It is the sense of Congress that the Federal Highway Administration
should--
(1) do all within its power to protect workers in highway work
zones; and
(2) move rapidly to finalize regulations, as directed in
section 1405 of MAP-21 (126 Stat. 560), to protect the lives and
safety of construction workers in highway work zones from vehicle
intrusions.
SEC. 1428. USE OF DURABLE, RESILIENT, AND SUSTAINABLE MATERIALS AND
PRACTICES.
To the extent practicable, the Secretary shall encourage the use of
durable, resilient, and sustainable materials and practices, including
the use of geosynthetic materials and other innovative technologies, in
carrying out the activities of the Federal Highway Administration.
SEC. 1429. IDENTIFICATION OF ROADSIDE HIGHWAY SAFETY HARDWARE DEVICES.
(a) Study.--The Secretary shall conduct a study on methods for
identifying roadside highway safety hardware devices to improve the
data collected on the devices, as necessary for in-service evaluation
of the devices.
(b) Contents.--In conducting the study under subsection (a), the
Secretary shall evaluate identification methods based on the ability of
the method--
(1) to convey information on the devices, including
manufacturing date, factory of origin, product brand, and model;
(2) to withstand roadside conditions; and
(3) to connect to State and regional inventories of similar
devices.
(c) Identification Methods.--The identification methods to be
studied under this section include stamped serial numbers, radio-
frequency identification, and such other methods as the Secretary
determines appropriate.
(d) Report to Congress.--Not later than January 1, 2018, the
Secretary shall submit to Congress a report on the results of the study
under subsection (a).
SEC. 1430. USE OF MODELING AND SIMULATION TECHNOLOGY.
It is the sense of Congress that the Department should utilize, to
the fullest and most economically feasible extent practicable, modeling
and simulation technology to analyze highway and public transportation
projects authorized by this Act to ensure that these projects--
(1) will increase transportation capacity and safety, alleviate
congestion, and reduce travel time and environmental impacts; and
(2) are as cost effective as practicable.
SEC. 1431. NATIONAL ADVISORY COMMITTEE ON TRAVEL AND TOURISM
INFRASTRUCTURE.
(a) Findings.--Congress finds that--
(1) 1 out of every 9 jobs in the United States depends on
travel and tourism, and the industry supports 15,000,000 jobs in
the United States;
(2) the travel and tourism industry employs individuals in all
50 States, the District of Columbia, and all of the territories of
the United States;
(3) international travel to the United States is the single
largest export industry in the United States, generating a trade
surplus balance of approximately $74,000,000,000;
(4) travel and tourism provide significant economic benefits to
the United States by generating nearly $2,100,000,000,000 in annual
economic output; and
(5) the United States intermodal transportation network
facilitates the large-scale movement of business and leisure
travelers, and is the most important asset of the travel industry.
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish an advisory
committee to be known as the National Advisory Committee on Travel and
Tourism Infrastructure (referred to in this section as the
``Committee'') to provide information, advice, and recommendations to
the Secretary on matters relating to the role of intermodal
transportation in facilitating mobility related to travel and tourism
activities.
(c) Membership.--The Committee shall--
(1) be composed of members appointed by the Secretary for terms
of not more than 3 years; and
(2) include a representative cross-section of public and
private sector stakeholders involved in the travel and tourism
industry, including representatives of--
(A) the travel and tourism industry, product and service
providers, and travel and tourism-related associations;
(B) travel, tourism, and destination marketing
organizations;
(C) the travel and tourism-related workforce;
(D) State tourism offices;
(E) State departments of transportation;
(F) regional and metropolitan planning organizations; and
(G) local governments.
(d) Role of Committee.--The Committee shall--
(1) advise the Secretary on current and emerging priorities,
issues, projects, and funding needs related to the use of the
intermodal transportation network of the United States to
facilitate travel and tourism;
(2) serve as a forum for discussion for travel and tourism
stakeholders on transportation issues affecting interstate and
interregional mobility of passengers;
(3) promote the sharing of information between the private and
public sectors on transportation issues impacting travel and
tourism;
(4) gather information, develop technical advice, and make
recommendations to the Secretary on policies that improve the
condition and performance of an integrated national transportation
system that--
(A) is safe, economical, and efficient; and
(B) maximizes the benefits to the United States generated
through the travel and tourism industry;
(5) identify critical transportation facilities and corridors
that facilitate and support the interstate and interregional
transportation of passengers for tourism, commercial, and
recreational activities;
(6) provide for development of measures of condition, safety,
and performance for transportation related to travel and tourism;
(7) provide for development of transportation investment, data,
and planning tools to assist Federal, State, and local officials in
making investment decisions relating to transportation projects
that improve travel and tourism; and
(8) address other issues of transportation policy and programs
impacting the movement of travelers for tourism and recreational
purposes, including by making legislative recommendations.
(e) National Travel and Tourism Infrastructure Strategic Plan.--Not
later than 3 years after the date of enactment of this Act, the
Secretary, in consultation with the Committee, State departments of
transportation, and other appropriate public and private transportation
stakeholders, shall develop and post on the public Internet website of
the Department a national travel and tourism infrastructure strategic
plan that includes--
(1) an assessment of the condition and performance of the
national transportation network;
(2) an identification of the issues on the national
transportation network that create significant congestion problems
and barriers to long-haul passenger travel and tourism;
(3) forecasts of long-haul passenger travel and tourism volumes
for the 20-year period beginning in the year during which the plan
is issued;
(4) an identification of the major transportation facilities
and corridors for current and forecasted long-haul travel and
tourism volumes, the identification of which shall be revised, as
appropriate, in subsequent plans;
(5) an assessment of statutory, regulatory, technological,
institutional, financial, and other barriers to improved long-haul
passenger travel performance (including opportunities for
overcoming the barriers);
(6) best practices for improving the performance of the
national transportation network; and
(7) strategies to improve intermodal connectivity for long-haul
passenger travel and tourism.
SEC. 1432. EMERGENCY EXEMPTIONS.
(a) In General.--Any road, highway, railway, bridge, or transit
facility that is damaged by an emergency that is declared by the
Governor of the State, with the concurrence of the Secretary of
Homeland Security, or declared as an emergency by the President
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), and that is in operation or
under construction on the date on which the emergency occurs may be
reconstructed in the same location with the same capacity, dimensions,
and design as before the emergency subject to the exemptions and
expedited procedures under subsection (b).
(b) Exemptions and Expedited Procedures.--
(1) Alternative arrangements.--Alternative arrangements for an
emergency under section 1506.11 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of this Act)
shall apply to reconstruction under subsection (a), and the
reconstruction shall be considered necessary to control the
immediate impacts of the emergency.
(2) Stormwater discharge permits.--A general permit for
stormwater discharges from construction activities, if available,
issued by the Administrator of the Environmental Protection Agency
or the director of a State program under section 402(p) of the
Federal Water Pollution Control Act (33 U.S.C. 1342(p)), as
applicable, shall apply to reconstruction under subsection (a), on
submission of a notice of intent to be subject to the permit.
(3) Emergency procedures.--The emergency procedures for issuing
permits in accordance with section 325.2(e)(4) of title 33, Code of
Federal Regulations (as in effect on the date of enactment of this
Act) shall apply to reconstruction under subsection (a), and the
reconstruction shall be considered an emergency under that
regulation.
(4) National historic preservation act exemption.--
Reconstruction under subsection (a) is eligible for an exemption
from the requirements of the National Historic Preservation Act of
1966 pursuant to part 78 of title 36, Code of Federal Regulations
(as in effect on the date of enactment of this Act).
(5) Endangered species act exemption.--An exemption from the
requirements of the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) pursuant to section 7(p) of that Act (16 U.S.C. 1536(p))
shall apply to reconstruction under subsection (a) and, if the
President makes the determination required under section 7(p) of
that Act, the determinations required under subsections (g) and (h)
of that section shall be deemed to be made.
(6) Expedited consultation under endangered species act.--
Expedited consultation pursuant to section 402.05 of title 50, Code
of Federal Regulations (as in effect on the date of enactment of
this Act) shall apply to reconstruction under subsection (a).
(7) Other exemptions.--Any reconstruction that is exempt under
paragraph (5) shall also be exempt from requirements under--
(A) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
(B) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.); and
(C) the Fish and Wildlife Coordination Act (16 U.S.C. 661
et seq.).
SEC. 1433. 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--
(1) the types of administrative expenses of programs and
offices funded by the Highway Trust Fund;
(2) the tracking and monitoring of administrative expenses;
(3) the controls in place to ensure that funding for
administrative expenses is used as efficiently as practicable; and
(4) the flexibility of the Department to reallocate amounts
from the Highway Trust Fund between full-time equivalent employees
and other functions.
SEC. 1434. 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. 1435. 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. 1436. 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 2020'';
(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 may be used to carry
out section 14509 for each of fiscal years 2016 through 2020.''.
(c) Termination.--Section 14704 of title 40, United States Code, is
amended by striking ``2012'' and inserting ``2020''.
(d) Effective Date.--This section and the amendments made by this
section take effect on October 1, 2015.
SEC. 1437. BORDER STATE INFRASTRUCTURE.
(a) 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 the funds made available to the State under
section 133(d)(1)(B) of title 23, United States Code, for border
infrastructure projects eligible under section 1303 of SAFETEA-LU (23
U.S.C. 101 note; 119 Stat. 1207).
(b) Use of Funds.--Funds designated under this section shall be
available under the requirements of section 1303 of SAFETEA-LU (23
U.S.C. 101 note; 119 Stat. 1207).
(c) Certification.--Before making a designation under subsection
(a), the Governor shall certify that the designation is consistent with
transportation planning requirements under title 23, United States
Code.
(d) Notification.--Not later than 30 days after making a
designation under subsection (a), 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.
(e) Limitation.--This section applies only to funds apportioned to
a State after the date of enactment of this Act.
(f) Deadline for Designation.--A designation under subsection (a)
shall--
(1) be submitted to the Secretary not later than 30 days before
the first day of the fiscal year for which the designation is being
made; and
(2) remain in effect for the funds designated under subsection
(a) for a fiscal year until the Governor of the State notifies the
Secretary of the termination of the designation.
(g) Unobligated Funds After Termination.--Effective beginning on
the date of a termination under subsection (f)(2), all remaining
unobligated funds that were designated under subsection (a) for the
fiscal year for which the designation is being terminated shall be made
available to the State for the purposes described in section
133(d)(1)(B) of title 23, United States Code.
SEC. 1438. ADJUSTMENTS.
(a) In General.--On July 1, 2020, of the unobligated balances of
funds apportioned among the States under chapter 1 of title 23, United
States Code, a total of $7,569,000,000 is permanently rescinded.
(b) Exclusions From Rescission.--The rescission under subsection
(a) shall not apply to funds distributed in accordance with--
(1) sections 104(b)(3) and 130(f) of title 23, United States
Code;
(2) section 133(d)(1)(A) of such title;
(3) the first sentence of section 133(d)(3)(A) of such title,
as in effect on the day before the date of enactment of MAP-21
(Public Law 112-141);
(4) sections 133(d)(1) and 163 of such title, as in effect on
the day before the date of enactment of SAFETEA-LU (Public Law 109-
59); and
(5) section 104(b)(5) of such title, as in effect on the day
before the date of enactment of MAP-21 (Public Law 112-141).
(c) Distribution Among States.--The amount to be rescinded under
this section from a State shall be determined by multiplying the total
amount of the rescission in subsection (a) by the ratio that--
(1) the unobligated balances subject to the rescission as of
September 30, 2019, for the State; bears to
(2) the unobligated balances subject to the rescission as of
September 30, 2019, for all States.
(d) Distribution Within Each State.--The amount to be rescinded
under this section from each program to which the rescission applies
within a State shall be determined by multiplying the required
rescission amount calculated under subsection (c) for such State by the
ratio that--
(1) the unobligated balance as of September 30, 2019, for such
program in such State; bears to
(2) the unobligated balances as of September 30, 2019, for all
programs to which the rescission applies in such State.
SEC. 1439. 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. 1440. 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.
SEC. 1441. 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. 1442. SAFETY FOR USERS.
(a) In General.--The Secretary shall encourage each State and
metropolitan planning organization to adopt standards for the design of
Federal surface transportation projects that provide for the safe and
adequate accommodation (as determined by the State) of all users of the
surface transportation network, including motorized and nonmotorized
users, in all phases of project planning, development, and operation.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall make available to the public a report
cataloging examples of State law or State transportation policy that
provide for the safe and adequate accommodation of all users of the
surface transportation network, in all phases of project planning,
development, and operation.
(c) Best Practices.--Based on the report under subsection (b), the
Secretary shall identify and disseminate examples of best practices
where States have adopted measures that have successfully provided for
the safe and adequate accommodation of all users of the surface
transportation network in all phases of project planning, development,
and operation.
SEC. 1443. SENSE OF CONGRESS.
It is the sense of Congress that the engineering industry of the
United States continues to provide critical technical expertise,
innovation, and local knowledge to Federal and State agencies in order
to efficiently deliver surface transportation projects to the public,
and Congress recognizes the valuable contributions made by the
engineering industry of the United States and urges the Secretary to
reinforce those partnerships by encouraging State and local agencies to
take full advantage of engineering industry capabilities to strengthen
project performance, improve domestic competitiveness, and create jobs.
SEC. 1444. 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 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 Web
site.
SEC. 1445. WATER INFRASTRUCTURE FINANCE AND INNOVATION.
Section 5028(a) of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 3907(a)) is amended--
(1) by striking paragraph (5); and
(2) by redesignating paragraphs (6) and (7) as paragraphs (5)
and (6), respectively.
SEC. 1446. TECHNICAL CORRECTIONS.
(a) Title 23.--Title 23, United States Code, is amended as follows:
(1) Section 119(d)(1)(A) is amended by striking ``mobility,''
and inserting ``congestion reduction, system reliability,''.
(2) Section 126(b)(1) is amended by striking ``133(d)'' and
inserting ``133(d)(1)(A)''.
(3) Section 127(a)(3) is amended by striking ``118(b)(2) of
this title'' and inserting ``118(b)''.
(4) Section 150(b)(5) is amended by striking ``national freight
network'' and inserting ``National Highway Freight Network''.
(5) Section 150(c)(3)(B) is amended by striking the semicolon
at the end and inserting a period.
(6) Section 150(e)(4) is amended by striking ``National Freight
Strategic Plan'' and inserting ``national freight strategic plan''.
(7) Section 153(h)(2) is amended by striking ``paragraphs (1)
through (3)'' and inserting ``paragraphs (1), (2), and (4)''.
(8) Section 154(c) is amended--
(A) in paragraph (1) by striking ``paragraphs (1), (3), and
(4)'' and inserting ``paragraphs (1), (2), and (4)'';
(B) in paragraph (3)(A) by striking ``transferred'' and
inserting ``reserved''; and
(C) in paragraph (5)--
(i) in the matter preceding subparagraph (A) by
inserting ``or released'' after ``transferred''; and
(ii) in subparagraph (A) by striking ``under section
104(b)(l)'' and inserting ``under section 104(b)(1)''.
(9) Section 163(f)(2) is amended by striking ``118(b)(2)'' and
inserting ``118(b)''.
(10) Section 164(b) is amended--
(A) in paragraph (3)(A) by striking ``transferred'' and
inserting ``reserved''; and
(B) in paragraph (5) by inserting ``or released'' after
``transferred''.
(11) Section 165(c)(7) is amended by striking ``paragraphs (2),
(4), (7), (8), (14), and (19) of section 133(b)'' and inserting
``paragraphs (1) through (4) of section 133(c) and section
133(b)(12)''.
(12) Section 202(b)(3) is amended--
(A) in subparagraph (A)(i), in the matter preceding
subclause (I), by inserting ``(a)(6),'' after ``subsections'';
and
(B) in subparagraph (C)(ii)(IV), by striking ``(III).]''
and inserting ``(III).''.
(13) Section 217(a) is amended by striking ``104(b)(3)'' and
inserting ``104(b)(4)''.
(14) Section 515 is amended by striking ``this chapter'' each
place it appears and inserting ``sections 512 through 518''.
(b) Title 49.--Section 6302(b)(3)(B)(vi)(III) of title 49, United
States Code, is amended by striking ``6310'' and inserting ``6309''.
(c) SAFETEA-LU.--Section 4407 of SAFETEA-LU (Public Law 109-59; 119
Stat. 1777) is amended by striking ``hereby enacted into law'' and
inserting ``granted''.
(d) MAP-21.--Effective as of July 6, 2012, and as if included
therein as enacted, MAP-21 (Public Law 112-141) is amended as follows:
(1) Section 1109(a)(2) (126 Stat. 444) is amended by striking
``fourth'' and inserting ``fifth''.
(2) Section 1203 (126 Stat. 524) is amended--
(A) in subsection (a) by striking ``Section 150 of title
23, United States Code, is amended to read as follows'' and
inserting ``Title 23, United States Code, is amended by
inserting after section 149 the following''; and
(B) in subsection (b) by striking ``by striking the item
relating to section 150 and inserting'' and inserting ``by
inserting after the item relating to section 149''.
(3) Section 1313(a)(1) (126 Stat. 545) is amended to read as
follows:
``(1) in the section heading by striking `pilot'; and''.
(4) Section 1314(b) (126 Stat. 549) is amended--
(A) by inserting ``chapter 3 of'' after ``analysis for'';
and
(B) by inserting a period at the end of the matter proposed
to be inserted.
(5) Section 1519(c) (126 Stat. 575) is amended--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (4) through (12) as
paragraphs (3) through (11), respectively;
(C) in paragraph (7), as redesignated by subparagraph (B)--
(i) by striking the period at the end of the matter
proposed to be struck; and
(ii) by adding a period at the end; and
(D) in paragraph (8)(A)(i)(I), as redesignated by
subparagraph (B), by striking ``than rail'' in the matter
proposed to be struck and inserting ``than on rail''.
(e) Transportation Research and Innovative Technology Act of
2012.--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 II--INNOVATIVE PROJECT FINANCE
SEC. 2001. 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.'';
(3) in paragraph (3) by striking ``this chapter'' and inserting
``the TIFIA program'';
(4) in paragraph (10)--
(A) by striking ``(10) Master credit agreement.--'' and all
that follows before subparagraph (A) and inserting the
following:
``(10) Master credit agreement.--The term `master credit
agreement' means a conditional agreement to extend credit
assistance for a program of related projects secured by a common
security pledge covered under section 602(b)(2)(A) or for a single
project covered under section 602(b)(2)(B) that does not provide
for a current obligation of Federal funds, and that would--'';
(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
``in section 602(c)'' and inserting ``under the TIFIA
program, 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 (C) by striking ``and'' at the end;
(B) in subparagraph (D)(iv) by striking the period at the
end and inserting a semicolon; and
(C) 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, or capital project
described in section 5302(3)(G)(v) of title 49, and related
infrastructure; and
``(F) the capitalization of a rural projects fund.'';
(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 so 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 so 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 paragraph 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 ``subparagraph
(B), 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 a project or program of
projects--
``(I) in which the applicant is a local government,
public authority, or instrumentality of local
government;
``(II) located on a facility owned by a local
government; or
``(III) for which the Secretary determines that a
local government is substantially involved in the
development of the project.'';
(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 of title 23,
United States Code, is amended--
(1) in subsection (a) by striking paragraph (2) and inserting
the following:
``(2) Limitation on refinancing of interim construction
financing.--A loan under paragraph (1) shall not refinance interim
construction financing under paragraph (1)(B)--
``(A) if the maturity of such interim construction
financing is later than 1 year after the substantial completion
of the project; and
``(B) later than 1 year after the date of substantial
completion of the project.'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by striking ``The amount of'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
the amount of''; and
(ii) 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).'';
(B) in paragraph (3)(A)(i)--
(i) in subclause (III) by striking ``or'' at the end;
(ii) in subclause (IV) by striking ``and'' at the end
and inserting ``or''; and
(iii) 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'';
(C) in paragraph (4)(B)--
(i) in clause (i) by striking ``under this chapter''
and inserting ``or a rural projects fund under the TIFIA
program''; and
(ii) in clause (ii) by inserting ``and rural project
funds'' after ``rural infrastructure projects'';
(D) in paragraph (5)--
(i) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and indenting
appropriately;
(ii) in the matter preceding clause (i) (as so
redesignated) by striking ``The final'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
the final''; and
(iii) 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.'';
(E) in paragraph (8) by striking ``this chapter'' and
inserting ``the TIFIA program''; and
(F) in paragraph (9)--
(i) 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
(ii) by adding at the end the following:
``(B) Rural projects fund.--A project capitalizing a rural
projects fund shall satisfy subparagraph (A) through compliance
with the Federal share requirement described in section
610(e)(3)(B).''; and
(3) by adding at the end the following:
``(f) Streamlined Application Process.--
``(1) In general.--Not later than 180 days after the date of
enactment of the FAST Act, the Secretary shall make available an
expedited application process or processes available at the request
of entities seeking secured loans under the TIFIA program that use
a set or sets of conventional terms established pursuant to this
section.
``(2) Terms.--In establishing the streamlined application
process required by this subsection, the Secretary may include
terms commonly included in prior credit agreements and allow for an
expedited application period, including--
``(A) the secured loan is in an amount of not greater than
$100,000,000;
``(B) the secured loan is secured and payable from pledged
revenues not affected by project performance, such as a tax-
backed revenue pledge, tax increment financing, or a system-
backed pledge of project revenues; and
``(C) repayment of the loan commences not later than 5
years after disbursement.''.
(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)(5), 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)
in a fiscal year 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 paragraphs (4) and (6) and redesignating
paragraph (5) as paragraph (4); and
(D) by inserting at the end the following:
``(5) Administrative costs.--Of the amounts made available to
carry out the TIFIA program, the Secretary may use not more than
$6,875,000 for fiscal year 2016, $7,081,000 for fiscal year 2017,
$7,559,000 for fiscal year 2018, $8,195,000 for fiscal year 2019,
and $8,441,000 for fiscal year 2020 for the administration of the
TIFIA program.''.
(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 of fiscal years 2016 through 2020
under each of paragraphs (1), (2), and (5) of section 104(b);
and'';
(B) in paragraph (2) by striking ``fiscal years 2005
through 2009'' and inserting ``fiscal years 2016 through
2020'';
(C) in paragraph (3) by striking ``fiscal years 2005
through 2009'' and inserting ``fiscal years 2016 through
2020'';
(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 sections 602 and
603.''; and
(F) in paragraph (6) (as so 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 of the bank, 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 ``fiscal years 2005 through
2009'' and inserting ``fiscal years 2016 through 2020''.
SEC. 2002. AVAILABILITY PAYMENT CONCESSION MODEL.
(a) Payment to States for Construction.--Section 121(a) of title
23, United States Code, is amended by inserting ``(including payments
made pursuant to a long-term concession agreement, such as availability
payments)'' after ``a project''.
(b) Project Approval and Oversight.--Section 106(b)(1) of title 23,
United States Code, is amended by inserting ``(including payments made
pursuant to a long-term concession agreement, such as availability
payments)'' after ``construction of the project''.
TITLE III--PUBLIC TRANSPORTATION
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Federal Public Transportation Act
of 2015''.
SEC. 3002. DEFINITIONS.
Section 5302 of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (C) by inserting ``functional'' before
``landscaping and''; and
(B) in subparagraph (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) by striking subparagraph (I) and inserting the
following:
``(I) the provision of nonfixed route paratransit
transportation services in accordance with section 223 of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but
only for grant recipients that are in compliance with
applicable requirements of that Act, including both fixed route
and demand responsive service, and only for amounts--
``(i) not to exceed 10 percent of such recipient's
annual formula apportionment under sections 5307 and 5311;
or
``(ii) not to exceed 20 percent of such recipient's
annual formula apportionment under sections 5307 and 5311,
if, consistent with guidance issued by the Secretary, the
recipient demonstrates that the recipient meets at least 2
of the following requirements:
``(I) Provides an active fixed route travel
training program that is available for riders with
disabilities.
``(II) Provides that all fixed route and
paratransit operators participate in a passenger
safety, disability awareness, and sensitivity training
class on at least a biennial basis.
``(III) Has memoranda of understanding in place
with employers and the American Job Center to increase
access to employment opportunities for people with
disabilities.'';
(D) in subparagraph (K) by striking ``or'' at the end;
(E) in subparagraph (L) by striking the period at the end
and inserting a semicolon; and
(F) 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 property value to property located near
public transportation resulting from investments in public
transportation.''.
SEC. 3003. METROPOLITAN AND STATEWIDE TRANSPORTATION PLANNING.
(a) In General.--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, and 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).''; 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 ``tourism, natural
disaster risk reduction,'' after ``economic development,'';
(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 resiliency 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 the vulnerability of the
existing transportation infrastructure to natural
disasters''; 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,
employer-based commuting programs, such as a carpool
program, vanpool program, transit benefit program, parking
cash-out program, shuttle program, or telework program)''
after ``private providers of transportation''; and
(C) in paragraph (8) by striking ``paragraph (2)(C)'' each
place it appears and inserting ``paragraph (2)(E)'';
(8) in subsection (k)(3)--
(A) in subparagraph (A) by inserting ``(including intercity
bus operators, employer-based commuting programs, such as a
carpool program, vanpool program, transit benefit program,
parking cash-out program, shuttle program, or telework
program), job access projects,'' after ``reduction''; and
(B) by adding at the end the following:
``(C) Congestion management plan.--A metropolitan planning
organization serving a transportation management area may
develop a plan that includes projects and strategies that will
be considered in the TIP of such metropolitan planning
organization. Such plan shall--
``(i) develop regional goals to reduce vehicle miles
traveled during peak commuting hours and improve
transportation connections between areas with high job
concentration and areas with high concentrations of low-
income households;
``(ii) identify existing public transportation
services, employer-based commuter programs, and other
existing transportation services that support access to
jobs in the region; and
``(iii) identify proposed projects and programs to
reduce congestion and increase job access opportunities.
``(D) Participation.--In developing the plan under
subparagraph (C), a metropolitan planning organization shall
consult with employers, private and non-profit providers of
public transportation, transportation management organizations,
and organizations that provide job access reverse commute
projects or job-related services to low-income individuals.'';
(9) in subsection (l)--
(A) by adding a period at the end of paragraph (1); and
(B) in paragraph (2)(D) by striking ``of less than
200,000'' and inserting ``with a population of 200,000 or
less'';
(10) in subsection (p) by striking ``Funds set aside under
section 104(f)'' and inserting ``Funds apportioned under section
104(b)(5)''; and
(11) by adding at the end the following:
``(r) Bi-State Metropolitan Planning Organization.--
``(1) Definition of bi-state mpo region.--In this subsection,
the term `Bi-State Metropolitan Planning Organization' 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 Bi-State
Metropolitan Planning Organization 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.''.
(b) Statewide and Nonmetropolitan Transportation Planning.--Section
5304 of title 49, United States Code, is amended--
(1) in subsection (a)(2) by striking ``and bicycle
transportation facilities'' and inserting ``, bicycle
transportation facilities, and intermodal facilities that support
intercity transportation, including intercity buses and intercity
bus facilities 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 resiliency and reliability of the
transportation system.''; and
(B) in paragraph (2)--
(i) in subparagraph (B)(ii) by striking ``urbanized'';
and
(ii) in subparagraph (C) by striking ``urbanized''; and
(3) in subsection (f)(3)(A)(ii)--
(A) by inserting ``public ports,'' before ``freight
shippers,''; and
(B) by inserting ``(including intercity bus operators,
employer-based commuting programs, such as a carpool program,
vanpool program, transit benefit program, parking cash-out
program, shuttle program, or telework program)'' after
``private providers of transportation''.
SEC. 3004. URBANIZED AREA FORMULA GRANTS.
Section 5307 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2) by inserting ``or demand response
service, excluding ADA complementary paratransit service,''
before ``during'' each place it appears; and
(B) by adding at the end the following:
``(3) Exception to the special rule.--Notwithstanding paragraph
(2), if a public transportation system described in such 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 the 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 the paragraph.''; and
(2) in subsection (c)(1)--
(A) in subparagraph (C), by inserting ``in accordance with
the recipient's transit asset management plan'' after
``equipment and facilities''; and
(B) in subparagraph (K), by striking ``Census--'' and all
that follows through clause (ii) and inserting the following:
``Census, will submit an annual report listing projects carried
out in the preceding fiscal year under this section for
associated transit improvements as defined in section 5302;
and''.
SEC. 3005. 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'' after the
semicolon;
(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 (h)(6)--
(A) by striking ``In carrying out'' and inserting the
following:
``(A) In general.--In carrying out''; and
(B) by adding at the end the following:
``(B) Optional early rating.--At the request of the project
sponsor, the Secretary shall evaluate and rate the project in
accordance with paragraphs (4) and (5) and subparagraph (A) of
this paragraph upon completion of the analysis required under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).'';
(5) 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 capital projects, small start projects, and core
capacity improvement projects;''; and
(iii) in subparagraph (F), by inserting ``or subsection
(h)(5), as applicable'' after ``subsection (f)''; and
(C) by striking paragraph (3)(A) and inserting the
following:
``(A) Project advancement.--A project receiving a grant
under this section that is part of a program of interrelated
projects may not advance--
``(i) in the case of a small start project, from the
project development phase to the construction phase unless
the Secretary determines that the program of interrelated
projects meets the applicable requirements of this section
and there is a reasonable likelihood that the program will
continue to meet such requirements; or
``(ii) in the case of a new fixed guideway capital
project or a core capacity improvement project, from the
project development phase to the engineering phase, or from
the engineering phase to the construction phase, unless the
Secretary determines that the program of interrelated
projects meets the applicable requirements of this section
and there is a reasonable likelihood that the program will
continue to meet such requirements.'';
(6) in subsection (l)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--
``(A) Estimation of net capital project cost.--Based on
engineering studies, studies of economic feasibility, and
information on the expected use of equipment or facilities, the
Secretary shall estimate the net capital project cost.
``(B) Grants.--
``(i) Grant for new fixed guideway capital project.--A
grant for a new fixed guideway capital project shall not
exceed 80 percent of the net capital project cost.
``(ii) Full funding grant agreement for new fixed
guideway capital project.--A full funding grant agreement
for a new fixed guideway capital project shall not include
a share of more than 60 percent from the funds made
available under this section.
``(iii) Grant for core capacity improvement project.--A
grant for a core capacity improvement project shall not
exceed 80 percent of the net capital project cost of the
incremental cost to increase the capacity in the corridor.
``(iv) Grant for small start project.--A grant for a
small start project shall not exceed 80 percent of the net
capital project costs.''; and
(B) by striking paragraph (4) and inserting the following:
``(4) Remaining costs.--The remainder of the net capital
project costs shall be provided--
``(A) in cash from non-Government sources;
``(B) from revenues from the sale of advertising and
concessions; or
``(C) from an undistributed cash surplus, a replacement or
depreciation cash fund or reserve, or new capital.'';
(7) by striking subsection (n) and inserting the following:
``(n) Availability of Amounts.--
``(1) In general.--An amount made available or appropriated for
a new fixed guideway capital project or core capacity improvement
project shall remain available to that project for 4 fiscal years,
including the fiscal year in which the amount is made available or
appropriated. Any amounts that are unobligated to the project at
the end of the 4-fiscal-year period may be used by the Secretary
for any purpose under this section.
``(2) Use of deobligated amounts.--An amount available under
this section that is deobligated may be used for any purpose under
this section.''; and
(8) by adding at the end the following:
``(p) Special Rule.--For the purposes of calculating the cost
effectiveness of a project described in subsection (d) or (e), the
Secretary shall not reduce or eliminate the capital costs of art and
non-functional landscaping elements from the annualized capital cost
calculation.
``(q) 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 capital 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 8
grants under this subsection for eligible projects 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;
(v) the eligible project is supported by an acceptable
degree of local financial commitment (including evidence of
stable and dependable financing sources); and
(vi) the eligible project will be operated and
maintained by employees of an existing provider of fixed
guideway or bus rapid transit public transportation in the
service area of the project, or if none exists, by
employees of an existing public transportation provider in
the service area.
(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 on 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 4
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 4-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. 3006. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH
DISABILITIES.
(a) In General.--Section 5310 of title 49, United States Code, is
amended--
(1) in subsection (a), 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.''; and
(2) by adding at the end the following:
``(i) Best Practices.--The Secretary shall collect from, review,
and disseminate to public transportation agencies--
``(1) innovative practices;
``(2) program models;
``(3) new service delivery options;
``(4) findings from activities under subsection (h); and
``(5) transit cooperative research program reports.''.
(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
nonemergency 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 appropriate 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
nonemergency medical transportation services for the
transportation disadvantaged; or
(ii) nonprofit entities engaged in the coordination of
nonemergency 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) Report.--The Secretary shall make publicly available an
annual report on the pilot program carried out under this
subsection for each fiscal year, not later than December 31 of the
calendar year in which that fiscal year ends. The report shall
include a detailed description of the activities carried out under
the pilot program, and an evaluation of the program, including an
evaluation of the performance measures described in paragraph
(3)(D).
(5) 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.
(6) Rule of construction.--For purposes of this subsection,
nonemergency 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) Coordinated Mobility.--
(1) Definitions.--In this subsection, the following definitions
apply:
(A) Allocated cost model.--The term ``allocated cost
model'' means a method of determining the cost of trips by
allocating the cost to each trip purpose served by a
transportation provider in a manner that is proportional to the
level of transportation service that the transportation
provider delivers for each trip purpose, to the extent
permitted by applicable Federal laws.
(B) Council.--The term ``Council'' means the Interagency
Transportation Coordinating Council on Access and Mobility
established under Executive Order No. 13330 (49 U.S.C. 101
note).
(2) Strategic plan.--Not later than 1 year after the date of
enactment of this Act, the Council shall publish a strategic plan
for the Council that--
(A) outlines the role and responsibilities of each Federal
agency with respect to local transportation coordination,
including nonemergency 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 No. 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;
(D) to the extent feasible, addresses recommendations by
the Comptroller General concerning local coordination of
transportation services;
(E) examines and proposes changes to Federal regulations
that will eliminate Federal barriers to local transportation
coordination, including non-emergency medical transportation;
and
(F) recommends to Congress changes to Federal laws,
including chapter 7 of title 42, United States Code, that will
eliminate Federal barriers to local transportation
coordination, including nonemergency medical transportation.
(3) Development of cost-sharing policy in compliance with
applicable federal laws.--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 nonemergency
medical transportation, to use the cost-sharing policy in a
manner that does not violate applicable Federal laws; and
(B) 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.
(4) Report.--The Council shall, concurrently with submission to
the President of a report containing final recommendations of the
Council, transmit such report to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate.
SEC. 3007. FORMULA GRANTS FOR RURAL AREAS.
(a) In General.--Section 5311 of title 49, United States Code, is
amended--
(1) in subsection (c)(1), 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).'';
(2) in subsection (g)(3)--
(A) by redesignating subparagraphs (A) through (D) as
subparagraphs (C) through (F), respectively;
(B) by inserting before subparagraph (C) (as so
redesignated) the following:
``(A) may be provided in cash from non-Government sources;
``(B) may be provided from revenues from the sale of
advertising and concessions;'';
(C) in subparagraph (F) (as so redesignated) by inserting
``, including all operating and capital costs of such service
whether or not offset by revenue from such service,'' after
``the costs of a private operator for the unsubsidized segment
of intercity bus service''; and
(3) 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 so 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
Indian tribes in the Tribal Statistical Area.''.
(b) Conforming Amendments.--Section 5311 of such title is further
amended--
(1) in subsection (b) by striking ``5338(a)(2)(E)'' and
inserting ``5338(a)(2)(F)'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``5338(a)(2)(E)'' and inserting
``5338(a)(2)(F)'';
(B) in paragraph (2)(C), by striking ``5338(a)(2)(E)'' and
inserting ``5338(a)(2)(F)''; and
(C) in paragraph (3)(A), by striking ``5338(a)(2)(E)'' and
inserting ``5338(a)(2)(F)''.
SEC. 3008. PUBLIC TRANSPORTATION INNOVATION.
(a) Consolidation of Programs.--Section 5312 of title 49, United
States Code, is amended--
(1) by striking the section designation and heading and
inserting the following:
``Sec. 5312. Public transportation innovation'';
(2) by redesignating subsections (a) through (f) as subsections
(b) through (g), respectively;
(3) by inserting before subsection (b) (as so redesignated) the
following:
``(a) In General.--The Secretary shall provide assistance for
projects and activities to advance innovative public transportation
research and development in accordance with the requirements of this
section.'';
(4) in subsection (e) (as so redesignated)--
(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.'';
(5) by adding at the end the following:
``(h) 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 selected under paragraph (2)(A);
``(B) the terms `direct carbon emissions' and `low or no
emission vehicle' have the meanings given those terms in
subsection (e)(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 competitively select
at least one facility 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,
at least one institution of higher education to operate and
maintain a facility selected under subparagraph (A).
``(ii) Requirements.--An institution of higher
education described in clause (i) shall have--
``(I) capacity to carry out transportation-related
advanced component and vehicle evaluation;
``(II) laboratories capable of testing and
evaluation; and
``(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.
``(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 vehicle
components at the applicable facility selected 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 an 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 selected 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 selected under
subparagraph (A).
``(F) Compliance with section 5318.--Notwithstanding
whether a low or no emission vehicle component is assessed at a
facility selected under subparagraph (A), each new bus model
shall comply with the requirements under section 5318.
``(G) Separate facility.--A facility selected 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 selected 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 selected under paragraph (2)(A) shall be
made publicly 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 selected under paragraph (2)(A); or
``(B) the development or disclosure of a privately funded
component assessment.''.
(6) in subsection (f) (as so redesignated)--
(A) by striking ``(f)'' and all that follows before
paragraph (1) and inserting the following:
``(g) Annual Report on Research.--Not later than the first Monday
in February of each year, the Secretary shall make available to the
public on the Web site of the Department of Transportation, a report
that includes--''; and
(B) in paragraph (1) by adding ``and'' at the end;
(C) in paragraph (2) by striking ``; and'' and inserting a
period; and
(D) by striking paragraph (3); and
(7) by adding at the end the following:
``(i) Transit Cooperative Research Program.--
``(1) In general.--The amounts made available under section
5338(a)(2)(G)(ii) are available for a public transportation
cooperative research program.
``(2) Independent governing board.--
``(A) Establishment.--The Secretary shall establish an
independent governing board for the program under this
subsection.
``(B) Recommendations.--The board shall recommend public
transportation research, development, and technology transfer
activities the Secretary considers appropriate.
``(3) Federal assistance.--The Secretary may make grants to,
and enter into cooperative agreements with, the National Academy of
Sciences to carry out activities under this subsection that the
Secretary considers appropriate.
``(4) Government share of costs.--If there would be a clear and
direct financial benefit to an entity under a grant or contract
financed under this subsection, the Secretary shall establish a
Government share consistent with that benefit.
``(5) Limitation on applicability.--Subsections (f) and (g)
shall not apply to activities carried out under this subsection.''.
(b) Conforming Amendments.--Section 5312 of such title (as amended
by subsection (a) of this section) is further amended--
(1) in subsection (c)(1) by striking ``subsection (a)(2)'' and
inserting ``subsection (b)(2)'';
(2) in subsection (d)--
(A) in paragraph (1) by striking ``subsection (a)(2)'' and
inserting ``subsection (b)(2)''; and
(B) in paragraph (2)(A) by striking ``subsection (b)'' and
inserting ``subsection (c)'';
(3) in subsection (e)(2) in each of subparagraphs (A) and (B)
by striking ``subsection (a)(2)'' and inserting ``subsection
(b)(2)''; and
(4) in subsection (f)(2) by striking ``subsection (d)(4)'' and
inserting ``subsection (e)(4)''.
(c) Clerical Amendment.--The analysis for chapter 53 of such title
is amended by striking the item relating to section 5312 and inserting
the following:
``5312. Public transportation innovation.''.
SEC. 3009. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.
(a) In General.--Section 5314 of title 49, United States Code, is
amended to read as follows:
``Sec. 5314. Technical assistance and workforce development
``(a) Technical Assistance and Standards.--
``(1) Technical assistance and standards development.--
``(A) In general.--The Secretary may make grants and enter
into contracts, cooperative agreements, and other agreements
(including agreements with departments, agencies, and
instrumentalities of the Government) to carry out activities
that the Secretary determines will assist recipients of
assistance under this chapter to--
``(i) more effectively and efficiently provide public
transportation service;
``(ii) administer funds received under this chapter in
compliance with Federal law; and
``(iii) improve public transportation.
``(B) Eligible activities.--The activities carried out
under subparagraph (A) may include--
``(i) technical assistance; and
``(ii) the development of voluntary and consensus-based
standards and best practices by the public transportation
industry, including standards and best practices for
safety, fare collection, intelligent transportation
systems, accessibility, procurement, security, asset
management to maintain a state of good repair, operations,
maintenance, vehicle propulsion, communications, and
vehicle electronics.
``(2) Technical assistance.--The Secretary, through a
competitive bid process, may enter into contracts, cooperative
agreements, and other agreements with national nonprofit
organizations that have the appropriate demonstrated capacity to
provide public-transportation-related technical assistance under
this subsection. The Secretary may enter into such contracts,
cooperative agreements, and other agreements to assist providers of
public transportation to--
``(A) comply with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) through technical assistance,
demonstration programs, research, public education, and other
activities related to complying with such Act;
``(B) comply with human services transportation
coordination requirements and to enhance the coordination of
Federal resources for human services transportation with those
of the Department of Transportation through technical
assistance, training, and support services related to complying
with such requirements;
``(C) meet the transportation needs of elderly individuals;
``(D) increase transit ridership in coordination with
metropolitan planning organizations and other entities through
development around public transportation stations through
technical assistance and the development of tools, guidance,
and analysis related to market-based development around transit
stations;
``(E) address transportation equity with regard to the
effect that transportation planning, investment, and operations
have for low-income and minority individuals;
``(F) facilitate best practices to promote bus driver
safety;
``(G) meet the requirements of sections 5323(j) and
5323(m);
``(H) assist with the development and deployment of low or
no emission vehicles (as defined in section 5339(c)(1)) or low
or no emission vehicle components (as defined in section
5312(h)(1)); and
``(I) any other technical assistance activity that the
Secretary determines is necessary to advance the interests of
public transportation.
``(3) Annual report on technical assistance.--Not later than
the first Monday in February of each year, the Secretary shall
submit to the Committee on Banking, Housing, and Urban Affairs and
the Committee on Appropriations of the Senate and the Committee on
Transportation and Infrastructure, the Committee on Science, Space,
and Technology, and the Committee on Appropriations of the House of
Representatives a report that includes--
``(A) a description of each project that received
assistance under this subsection during the preceding fiscal
year;
``(B) an evaluation of the activities carried out by each
organization that received assistance under this subsection
during the preceding fiscal year;
``(C) a proposal for allocations of amounts for assistance
under this subsection for the subsequent fiscal year; and
``(D) measurable outcomes and impacts of the programs
funded under subsections (b) and (c).
``(4) Government share of costs.--
``(A) In general.--The Government share of the cost of an
activity carried out using a grant under this subsection may
not exceed 80 percent.
``(B) Non-government share.--The non-Government share of
the cost of an activity carried out using a grant under this
subsection may be derived from in-kind contributions.
``(b) Human Resources and Training.--
``(1) In general.--The Secretary may undertake, or make grants
and contracts for, programs that address human resource needs as
they apply to public transportation activities. A program may
include--
``(A) an employment training program;
``(B) an outreach program to increase employment for
veterans, females, individuals with a disability, minorities
(including American Indians or Alaska Natives, Asian, Black or
African Americans, native Hawaiians or other Pacific Islanders,
and Hispanics) in public transportation activities;
``(C) research on public transportation personnel and
training needs;
``(D) training and assistance for veteran and minority
business opportunities; and
``(E) consensus-based national training standards and
certifications in partnership with industry stakeholders.
``(2) Innovative public transportation frontline workforce
development program.--
``(A) In general.--The Secretary shall establish a
competitive grant program to assist the development of
innovative activities eligible for assistance under paragraph
(1).
``(B) Eligible programs.--A program eligible for assistance
under paragraph (1) shall--
``(i) develop apprenticeships, on-the-job training, and
instructional training for public transportation
maintenance and operations occupations;
``(ii) build local, regional, and statewide public
transportation training partnerships with local public
transportation operators, labor union organizations,
workforce development boards, and State workforce agencies
to identify and address workforce skill gaps;
``(iii) improve safety, security, and emergency
preparedness in local public transportation systems through
improved safety culture and workforce communication with
first responders and the riding public; and
``(iv) address current or projected workforce shortages
by developing partnerships with high schools, community
colleges, and other community organizations.
``(C) Selection of recipients.--To the maximum extent
feasible, the Secretary shall select recipients that--
``(i) are geographically diverse;
``(ii) address the workforce and human resources needs
of large public transportation providers;
``(iii) address the workforce and human resources needs
of small public transportation providers;
``(iv) address the workforce and human resources needs
of urban public transportation providers;
``(v) address the workforce and human resources needs
of rural public transportation providers;
``(vi) advance training related to maintenance of low
or no emission vehicles and facilities used in public
transportation;
``(vii) target areas with high rates of unemployment;
``(viii) advance opportunities for minorities, women,
veterans, individuals with disabilities, low-income
populations, and other underserved populations; and
``(ix) address in-demand industry sector or occupation,
as such term is defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
``(D) Program outcomes.--A recipient of assistance under
this subsection shall demonstrate outcomes for any program that
includes skills training, on-the-job training, and work-based
learning, including--
``(i) the impact on reducing public transportation
workforce shortages in the area served;
``(ii) the diversity of training participants;
``(iii) the number of participants obtaining
certifications or credentials required for specific types
of employment;
``(iv) 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
``(v) 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.
``(E) Report to congress.--The Secretary shall make
publicly available a report on the Frontline Workforce
Development Program for each fiscal year, not later than
December 31 of the calendar year in which that fiscal year
ends. The report shall include a detailed description of
activities carried out under this paragraph, an evaluation of
the program, and policy recommendations to improve program
effectiveness.
``(3) Government's share of costs.--The Government share of the
cost of a project carried out using a grant under paragraph (1) or
(2) shall be 50 percent.
``(4) Availability of amounts.--Not more than 0.5 percent of
amounts made available to a recipient under sections 5307, 5337,
and 5339 is available for expenditures 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.
``(c) National Transit Institute.--
``(1) Establishment.--The Secretary shall establish a national
transit institute and award grants to a public 4-year degree-
granting institution of higher education, as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), in
order to carry out the duties of the institute.
``(2) Duties.--
``(A) In general.--In cooperation with the Federal Transit
Administration, State transportation departments, public
transportation authorities, and national and international
entities, the institute established under paragraph (1) shall
develop and conduct training and educational programs for
Federal, State, and local transportation employees, United
States citizens, and foreign nationals engaged or to be engaged
in Government-aid public transportation work.
``(B) Training and educational programs.--The training and
educational programs developed under subparagraph (A) may
include courses in recent developments, techniques, and
procedures related to--
``(i) intermodal and public transportation planning;
``(ii) management;
``(iii) environmental factors;
``(iv) acquisition and joint use rights-of-way;
``(v) engineering and architectural design;
``(vi) procurement strategies for public transportation
systems;
``(vii) turnkey approaches to delivering public
transportation systems;
``(viii) new technologies;
``(ix) emission reduction technologies;
``(x) ways to make public transportation accessible to
individuals with disabilities;
``(xi) construction, construction management,
insurance, and risk management;
``(xii) maintenance;
``(xiii) contract administration;
``(xiv) inspection;
``(xv) innovative finance;
``(xvi) workplace safety; and
``(xvii) public transportation security.
``(3) Provision for education and training.--Education and
training of Government, State, and local transportation employees
under this subsection shall be provided--
``(A) by the Secretary at no cost to the States and local
governments for subjects that are a Government program
responsibility; or
``(B) when the education and training are paid under
paragraph (4), by the State, with the approval of the
Secretary, through grants and contracts with public and private
agencies, other institutions, individuals, and the institute.
``(4) Availability of amounts.--
``(A) In general.--Not more than 0.5 percent of amounts
made available to a recipient under sections 5307, 5337, and
5339 is available for expenditures 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 subparagraph (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.''.
(b) Clerical Amendment.--The analysis for chapter 53 of such title
is amended by striking the item relating to section 5314 and inserting
the following:
``5314. Technical assistance and workforce development.''.
SEC. 3010. 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 priorities for
assistance provided under this chapter; or
``(2) the requirements of section 5306(a).''.
(b) MAP-21 Technical Correction.--Section 20013(d) of MAP-21
(Public Law 112-141; 126 Stat. 694) is amended by striking ``5307(c)''
and inserting ``5307(b)''.
SEC. 3011. GENERAL PROVISIONS.
Section 5323 of title 49, United States Code, is amended--
(1) in subsection (h)--
(A) in paragraph (1), by striking ``or'' at the end;
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following:
``(2) pay incremental costs of incorporating art or non-
functional landscaping into facilities, including the costs of an
artist on the design team; or'';
(2) in subsection (j)--
(A) in paragraph (2), by striking subparagraph (C) and
inserting the following:
``(C) when procuring rolling stock (including train
control, communication, 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 that is produced in the United States and used in the rolling
stock frames or car shells.
``(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) Steel and iron.--For purposes of this subsection, steel
and iron meeting the requirements of section 661.5(b) of title 49,
Code of Federal Regulations may be considered produced 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.'';
(3) in subsection (q)(1), by striking the second sentence; and
(4) 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) Special Condition on Charter Bus Transportation Service.--If,
in a fiscal year, the Secretary is prohibited by law from enforcing
regulations related to charter bus service under part 604 of title 49,
Code of Federal Regulations, for any transit agency that during fiscal
year 2008 was both initially granted a 60-day period to come into
compliance with such part 604, and then was subsequently granted an
exception from such part--
``(1) the transit agency shall be precluded from receiving its
allocation of urbanized area formula grant funds for such fiscal
year; and
``(2) any amounts withheld pursuant to paragraph (1) shall be
added to the amount that the Secretary may apportion under section
5336 in the following fiscal year.''.
SEC. 3012. 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(f)'' ; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``section 5338(i)'' and inserting
section 5338(f); 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
failed to meet the requirements of such plan and the project
may be 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. 3013. PUBLIC TRANSPORTATION SAFETY PROGRAM.
Section 5329 of title 49, United States Code, is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (C) by striking ``and'' at the end;
(B) by redesignating subparagraph (D) as subparagraph (E);
and
(C) by inserting after subparagraph (C) the following:
``(D) minimum safety standards to ensure the safe operation
of public transportation systems that--
``(i) are not related to performance standards for
public transportation vehicles developed under subparagraph
(C); and
``(ii) to the extent practicable, take into
consideration--
``(I) relevant recommendations of the National
Transportation Safety Board;
``(II) best practices standards developed by the
public transportation industry;
``(III) any minimum safety standards or performance
criteria being implemented across the public
transportation industry;
``(IV) relevant recommendations from the report
under section 3020 of the Federal Public Transportation
Act of 2015; and
``(V) any additional information that the Secretary
determines necessary and appropriate; and'';
(2) in subsection (e)--
(A) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(B) by inserting after paragraph (7) the following:
``(8) Federal safety management.--
``(A) In general.--If the Secretary determines that a State
safety oversight program is not being carried out in accordance
with this section, has become inadequate to ensure the
enforcement of Federal safety regulation, or is incapable of
providing adequate safety oversight consistent with the
prevention of substantial risk of death, or personal injury,
the Secretary shall administer the State safety oversight
program until the eligible State develops a State safety
oversight program certified by the Secretary in accordance with
this subsection.
``(B) Temporary federal oversight.--In making a
determination under subparagraph (A), the Secretary shall--
``(i) transmit to the eligible State and affected
recipient or recipients, a written explanation of the
determination or subsequent finding, including any
intention to withhold funding under this section, the
amount of funds proposed to be withheld, and if applicable,
a formal notice of a withdrawal of State safety oversight
program approval; and
``(ii) require the State to submit a State safety
oversight program or modification for certification by the
Secretary that meets the requirements of this subsection.
``(C) Failure to correct.--If the Secretary determines in
accordance with subparagraph (A), that a State safety oversight
program or modification required pursuant to subparagraph
(B)(ii), submitted by a State is not sufficient, the Secretary
may--
``(i) withhold funds available under paragraph (6) in
an amount determined by the Secretary;
``(ii) beginning 1 year after the date of the
determination, withhold not more than 5 percent of the
amount required to be appropriated for use in a State or an
urbanized area in the State under section 5307, until the
State safety oversight program or modification has been
certified; and
``(iii) use any other authorities authorized under this
chapter considered necessary and appropriate.
``(D) Administrative and oversight activities.--To carry
out administrative and oversight activities authorized by this
paragraph, the Secretary may use grant funds apportioned to an
eligible State, under paragraph (6), to develop or carry out a
State safety oversight program.'';
(3) in subsection (f)(2), by inserting ``or the public
transportation industry generally'' after ``recipients'';
(4) in subsection (g)(1)--
(A) in the matter preceding subparagraph (A) by striking
``an eligible State, as defined in subsection (e),'' and
inserting ``a recipient'';
(B) in subparagraph (C) by striking ``and'' at the end;
(C) in subparagraph (D) by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(E) withholding not more than 25 percent of financial
assistance under section 5307.'';
(5) in subsection (g)(2)(A)--
(A) by inserting after ``funds'' the following: ``or
withhold funds''; and
(B) by inserting ``or (1)(E)'' after ``paragraph (1)(D)'';
and
(6) by striking subsection (h) and inserting the following:
``(h) Restrictions and Prohibitions.--
``(1) Restrictions and prohibitions.--The Secretary shall issue
restrictions and prohibitions by whatever means are determined
necessary and appropriate, without regard to section 5334(c), if,
through testing, inspection, investigation, audit, or research
carried out under this chapter, the Secretary determines that an
unsafe condition or practice, or a combination of unsafe conditions
and practices, exist such that there is a substantial risk of death
or personal injury.
``(2) Notice.--The notice of restriction or prohibition shall
describe the condition or practice, the subsequent risk and the
standards and procedures required to address the restriction or
prohibition.
``(3) Continued authority.--Nothing in this subsection shall be
construed as limiting the Secretary's authority to maintain a
restriction or prohibition for as long as is necessary to ensure
that the risk has been substantially addressed.''.
SEC. 3014. APPORTIONMENTS.
Section 5336 of title 49, United States Code, is amended--
(1) in subsection (a) in the matter preceding paragraph (1) by
striking ``subsection (h)(4)'' and inserting ``subsection (h)(5)'';
(2) in subsection (b)(2)(E) by striking ``22.27 percent'' and
inserting ``27 percent''; and
(3) in subsection (h)--
(A) by striking paragraph (1) and inserting the following:
``(1) $30,000,000 shall be set aside each fiscal year to carry
out section 5307(h);''; and
(B) by striking paragraph (3) and inserting the following:
``(3) of amounts not apportioned under paragraphs (1) and (2)--
``(A) for fiscal years 2016 through 2018, 1.5 percent shall
be apportioned to urbanized areas with populations of less than
200,000 in accordance with subsection (i); and
``(B) for fiscal years 2019 and 2020, 2 percent shall be
apportioned to urbanized areas with populations of less than
200,000 in accordance with subsection (i);''.
SEC. 3015. STATE OF GOOD REPAIR GRANTS.
(a) In General.--Section 5337 of title 49, United States Code, is
amended--
(1) in subsection (c)(2)(B), by inserting ``the provisions of''
before ``section 5336(b)(1)'';
(2) in subsection (d)--
(A) in paragraph (2) by inserting ``vehicle'' after
``motorbus''; 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 cost
shall be provided--
``(A) in cash from non-Government sources;
``(B) from revenues derived from the sale of advertising
and concessions; or
``(C) from an undistributed cash surplus, a replacement or
depreciation cash fund or reserve, or new capital.''.
(b) Conforming Amendments.--Section 5337 of such title is further
amended--
(1) in subsection (c)(1) by striking ``5338(a)(2)(I)'' and
inserting ``5338(a)(2)(K)''; and
(2) in subsection (d)(2) by striking ``5338(a)(2)(I)'' and
inserting ``5338(a)(2)(K)''.
SEC. 3016. AUTHORIZATIONS.
Section 5338 of title 49, United States Code, 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, 5335, 5337, 5339, and
5340, section 20005(b) of the Federal Public Transportation Act of
2012, and sections 3006(b) of the Federal Public Transportation Act
of 2015--
``(A) $9,347,604,639 for fiscal year 2016;
``(B) $9,534,706,043 for fiscal year 2017;
``(C) $9,733,353,407 for fiscal year 2018;
``(D) $9,939,380,030 for fiscal year 2019; and
``(E) $10,150,348,462 for fiscal year 2020.
``(2) Allocation of funds.--Of the amounts made available under
paragraph (1)--
``(A) $130,732,000 for fiscal year 2016, $133,398,933 for
fiscal year 2017, $136,200,310 for fiscal year 2018,
$139,087,757 for fiscal year 2019, and $142,036,417 for fiscal
year 2020, shall be available to carry out section 5305;
``(B) $10,000,000 for each of fiscal years 2016 through
2020 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, $4,629,683,814
for fiscal year 2017, $4,726,907,174 for fiscal year 2018,
$4,827,117,606 for fiscal year 2019, and $4,929,452,499 for
fiscal year 2020 shall be allocated in accordance with section
5336 to provide financial assistance for urbanized areas under
section 5307;
``(D) $262,949,400 for fiscal year 2016, $268,208,388 for
fiscal year 2017, $273,840,764 for fiscal year 2018,
$279,646,188 for fiscal year 2019, and $285,574,688 for fiscal
year 2020 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 fiscal year 2016, $3,000,000 for
fiscal year 2017, $3,250,000 for fiscal year 2018, $3,500,000
for fiscal year 2019 and $3,500,000 for fiscal year 2020 shall
be available for the pilot program for innovative coordinated
access and mobility under section 3006(b) of the Federal Public
Transportation Act of 2015;
``(F) $619,956,000 for fiscal year 2016, $632,355,120 for
fiscal year 2017, $645,634,578 for fiscal year 2018,
$659,322,031 for fiscal year 2019, and $673,299,658 for fiscal
year 2020 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
2020 shall be available to carry out section 5311(c)(1);
and
``(ii) $20,000,000 for each of fiscal years 2016
through 2020 shall be available to carry out section
5311(c)(2);
``(G) $28,000,000 for each of fiscal years 2016 through
2020 shall be available to carry out section 5312, of which--
``(i) $3,000,000 for each of fiscal years 2016 through
2020 shall be available to carry out section 5312(h); and
``(ii) $5,000,000 for each of fiscal years 2016 through
2020 shall be available to carry out section 5312(i);
``(H) $9,000,000 for each of fiscal years 2016 through 2020
shall be available to carry out section 5314; of which
$5,000,000 shall be available for the national transit
institute under section 5314(c);
``(I) $3,000,000 for each of fiscal years 2016 through 2020
shall be available for bus testing under section 5318;
``(J) $4,000,000 for each of fiscal years 2016 through 2020
shall be available to carry out section 5335;
``(K) $2,507,000,000 for fiscal year 2016, $2,549,670,000
for fiscal year 2017, $2,593,703,558 for fiscal year 2018,
$2,638,366,859 for fiscal year 2019, and $2,683,798,369 for
fiscal year 2020 shall be available to carry out section 5337;
``(L) $427,800,000 for fiscal year 2016, $436,356,000 for
fiscal year 2017, $445,519,476 for fiscal year 2018,
$454,964,489 for fiscal year 2019, and $464,609,736 for fiscal
year 2020 shall be available for the bus and buses facilities
program under section 5339(a);
``(M) $268,000,000 for fiscal year 2016, $283,600,000 for
fiscal year 2017, $301,514,000 for fiscal year 2018,
$322,059,980 for fiscal year 2019, and $344,044,179 for fiscal
year 2020 shall be available for buses 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 2020 shall be available to carry out
section 5339(c); and
``(N) $536,261,539 for fiscal year 2016, $544,433,788 for
fiscal year 2017, $552,783,547 for fiscal year 2018,
$561,315,120 for fiscal year 2019 and $570,032,917 for fiscal
year 2020, to carry out section 5340 to provide financial
assistance for urbanized areas under section 5307 and rural
areas under section 5311, of which--
``(i) $272,297,083 for fiscal year 2016, $279,129,510
for fiscal year 2017, $286,132,747 for fiscal year 2018,
$293,311,066 for fiscal year 2019, $300,668,843 for fiscal
year 2020 shall be for growing States under section
5340(c); and
``(ii) $263,964,457 for fiscal year 2016, $265,304,279
for fiscal year 2017, $266,650,800 for fiscal year 2018,
$268,004,054 for fiscal year 2019, $269,364,074 for fiscal
year 2020 shall be for high density States under section
5340(d).
``(b) Research, Development, Demonstration, and Deployment
Program.--There are authorized to be appropriated to carry out section
5312, other than subsections (h) and (i) of that section, $20,000,000
for each of fiscal years 2016 through 2020.
``(c) Technical Assistance and Training.--There are authorized to
be appropriated to carry out section 5314, $5,000,000 for each of
fiscal years 2016 through 2020.
``(d) Capital Investment Grants.--There are authorized to be
appropriated to carry out section 5309 of this title and section
3005(b) of the Federal Public Transportation Act of 2015,
$2,301,785,760 for each of fiscal years 2016 through 2020.
``(e) Administration.--
``(1) In general.--There are authorized to be appropriated to
carry out section 5334, $115,016,543 for each of fiscal years 2016
through 2020.
``(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than $5,000,000 for each
of fiscal years 2016 through 2020 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 2020 shall be available to carry out section 5326.
``(f) 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 of amounts
made available for this subparagraph 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.
``(g) Grants as Contractual Obligations.--
``(1) Grants financed from highway trust fund.--A grant or
contract that is approved by the Secretary and financed with
amounts made available from the Mass Transit Account of the Highway
Trust Fund pursuant to this section is a contractual obligation of
the Government to pay the Government share of the cost of the
project.
``(2) Grants financed from general fund.--A grant or contract
that is approved by the Secretary and financed with amounts
appropriated in advance from the General Fund of the Treasury
pursuant to this section is a contractual obligation of the
Government to pay the Government share of the cost of the project
only to the extent that amounts are appropriated for such purpose
by an Act of Congress.
``(h) Availability of Amounts.--Amounts made available by or
appropriated under this section shall remain available until
expended.''.
SEC. 3017. GRANTS FOR BUSES AND BUS FACILITIES.
(a) In General.--Section 5339 of title 49, United States Code, is
amended to read as follows:
``Sec. 5339. Grants for buses 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 emission 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.--
``(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)(L) shall be distributed as follows:
``(A) National distribution.--$90,500,000 for each of
fiscal years 2016 through 2020 shall be allocated to all States
and territories, with each State receiving $1,750,000 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) or
amounts apportioned to urbanized areas under subsections (a)
and (c) of section 5336.
``(B) Transfer flexibility for population and service
factors funds.--The Governor of a State may expend in an
urbanized area with a population of less than 200,000 any
amounts apportioned under paragraph (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 such period shall be added to the
amount that may be apportioned under this subsection in the next
fiscal year.
``(9) Pilot program for cost-effective capital investment.--
``(A) In general.--For each of fiscal years 2016 through
2020, the Secretary shall carry out a pilot program under which
an eligible recipient (as described in paragraph (4)) in an
urbanized area with population of not less than 200,000 and not
more than 999,999 may elect to participate in a State pool in
accordance with this paragraph.
``(B) Purpose of state pools.--The purpose of a State pool
shall be to allow for transfers of formula grant funds made
available under this subsection among the designated recipients
participating in the State pool in a manner that supports the
transit asset management plans of the designated recipients
under section 5326.
``(C) Requests for participation.--A State, and eligible
recipients in the State described in subparagraph (A), may
submit to the Secretary a request for participation in the
program under procedures to be established by the Secretary. An
eligible recipient for a multistate area may participate in
only 1 State pool.
``(D) Allocations to participating states.--For each fiscal
year, the Secretary shall allocate to each State participating
in the program the total amount of funds that otherwise would
be allocated to the urbanized areas of the eligible recipients
participating in the State's pool for that fiscal year pursuant
to the formulas referred to in paragraph (5).
``(E) Allocations to eligible recipients in state pools.--A
State shall distribute the amount that is allocated to the
State for a fiscal year under subparagraph (D) among the
eligible recipients participating in the State's pool in a
manner that supports the transit asset management plans of the
recipients under section 5326.
``(F) Allocation plans.--A State participating in the
program shall develop an allocation plan for the period of
fiscal years 2016 through 2020 to ensure that an eligible
recipient participating in the State's pool receives under the
program an amount of funds that equals the amount of funds that
would have otherwise been available to the eligible recipient
for that period pursuant to the formulas referred to in
paragraph (5).
``(G) Grants.--The Secretary shall make grants under this
subsection for a fiscal year to an eligible recipient
participating in a State pool following notification by the
State of the allocation amount determined under subparagraph
(E).
``(b) Buses and Bus Facilities Competitive Grants.--
``(1) In general.--The Secretary may make grants under this
subsection to eligible recipients (as described in subsection
(a)(4)) to assist in the financing of buses 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 (as described in subsection (a)(4)) 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 than 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 eligible recipients of grants
made in urbanized areas; and
``(ii) section 5311 for eligible 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 3 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 10 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 subsection (c)(3) of section 3019
of the Federal Public Transportation Act of 2015 that is made
available through a capital lease under such 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 or bus
facilities 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 3
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 analysis for chapter
53 of title 49, United States Code, is amended by striking the item
relating to section 5339 and inserting the following:
``5339. Grants for buses and bus facilities.''.
SEC. 3018. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total of all
obligations from amounts made available from the Mass Transit Account
of the Highway Trust Fund by subsection (a) of section 5338 of title
49, United States Code, and section 3028 of the Federal Public
Transportation Act of 2015 shall not exceed--
(1) $9,347,604,639 in fiscal year 2016;
(2) $9,733,706,043 in fiscal year 2017;
(3) $9,733,353,407 in fiscal year 2018;
(4) $9,939,380,030 in fiscal year 2019; and
(5) $10,150,348,462 in fiscal year 2020.
SEC. 3019. INNOVATIVE PROCUREMENT.
(a) Definition.--In this section, the term ``grantee'' means a
recipient or subrecipient of assistance under chapter 53 of title 49,
United States Code.
(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 entity 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 cooperative purchasing organization
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 chapter 53 of
title 49, United States Code.
(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 eligible
nonprofit entities.
(B) Designation.--In carrying out the program under this
paragraph, the Secretary shall designate not less than 3
eligible nonprofit entities to enter into a cooperative
procurement contract under which the eligible nonprofit entity
acts throughout the term of the contract as the lead nonprofit
entity.
(C) 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.
(4) Joint procurement clearinghouse.--
(A) In general.--The Secretary shall establish a
clearinghouse for the purpose of allowing grantees to aggregate
planned rolling stock purchases and identify joint procurement
participants.
(B) Nonprofit consultation.--In establishing the
clearinghouse under subparagraph (A), the Secretary may consult
with nonprofit entities with expertise in public transportation
or procurement, and other stakeholders as the Secretary
determines appropriate.
(C) Information on procurements.--The clearinghouse may
include information on bus size, engine type, floor type, and
any other attributes necessary to identify joint procurement
participants.
(D) Limitations.--
(i) Access.--The clearinghouse shall only be accessible
to the Federal Transit Administration, a nonprofit entity
coordinating for such clearinghouse with the Secretary, and
grantees.
(ii) Participation.--No grantee shall be required to
submit procurement information to the database.
(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
chapter 53 of title 49, United States Code, to enter into a
capital lease if--
(i) the rolling stock or related equipment covered
under the lease is eligible for capital assistance under
such 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 chapter 53 of title 49, United States
Code, 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) of title 49, United States Code, shall apply to a
capital lease.
(3) 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) of title 49, United
States Code.
(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.
(D) Procurement regulations.--For purposes of this section,
a removable power source shall be subject to section 200.88 of
title 2, Code of Federal Regulations.
(4) Reporting requirement.--Not later than 3 years after the
date on which a grantee enters into a capital lease under this
subsection, the grantee shall submit to the Secretary a report that
contains--
(A) an evaluation of the overall costs and benefits of
leasing rolling stock; and
(B) a comparison of the expected short-term and long-term
maintenance costs of leasing versus buying rolling stock.
(5) Report.--The Secretary shall make publicly available an
annual report on this subsection for each fiscal year, not later
than December 31 of the calendar year in which that fiscal year
ends. The report shall include a detailed description of the
activities carried out under this subsection, and evaluation of the
program including the evaluation of the data reported in paragraph
(4).
(d) Buy America.--The requirements of section 5323(j) of title 49,
United States Code, shall apply to all procurements under this section.
SEC. 3020. REVIEW OF PUBLIC TRANSPORTATION SAFETY STANDARDS.
(a) Review Required.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall begin a review of the
safety standards and protocols used in public transportation
systems in the United States that examines the efficacy of existing
standards and protocols.
(2) Contents of review.--In conducting the review under this
paragraph, the Secretary shall review--
(A) minimum safety performance standards developed by the
public transportation industry;
(B) safety performance standards, practices, or protocols
in use by rail fixed guideway public transportation systems,
including--
(i) written emergency plans and procedures for
passenger evacuations;
(ii) training programs to ensure public transportation
personnel compliance and readiness in emergency situations;
(iii) coordination plans approved by recipients with
local emergency responders having jurisdiction over a rail
fixed guideway public transportation system, including--
(I) emergency preparedness training, drills, and
familiarization programs for the first responders; and
(II) 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--
(I) tunnel, station, and vehicle ventilation
systems;
(II) signal and train control systems, track,
mechanical systems, and other infrastructure; and
(III) 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
(C) rail and bus safety standards, practices, or protocols
in use by public transportation systems, regarding--
(i) rail and bus design and the workstation of rail and
bus operators, as it relates to--
(I) the reduction of blindspots that contribute to
accidents involving pedestrians; and
(II) protecting rail and bus operators from the
risk of assault;
(ii) scheduling fixed route rail and bus service with
adequate time and access for operators to use restroom
facilities;
(iii) fatigue management; and
(iv) crash avoidance and worthiness.
(b) Evaluation.--After conducting the review under subsection (a),
the Secretary shall, in consultation with representatives of the public
transportation industry, evaluate the need to establish additional
Federal minimum public transportation safety standards.
(c) Report.--After completing the review and evaluation required
under subsections (a) and (b), and not later than 1 year after the date
of enactment of this Act, the Secretary shall make available on a
publicly accessible Web site, a report that includes--
(1) findings based on the review conducted under subsection
(a);
(2) the outcome of the evaluation conducted under subsection
(b);
(3) a comprehensive set of recommendations to improve the
safety of the public transportation industry, including
recommendations for statutory changes if applicable; and
(4) actions that the Secretary will take to address the
recommendations provided under paragraph (3), including, if
necessary, the authorities under section 5329(b)(2)(D) of title 49,
United States Code.
SEC. 3021. STUDY ON EVIDENTIARY PROTECTION FOR PUBLIC TRANSPORTATION
SAFETY PROGRAM INFORMATION.
(a) Study.--The Secretary shall enter into an agreement with the
Transportation Research Board of the National Academies of Sciences,
Engineering, and Medicine, to conduct a study to evaluate whether it is
in the public interest, including public safety and the legal rights of
persons injured in public transportation accidents, to withhold from
discovery or admission into evidence in a Federal or State court
proceeding any plan, report, data, or other information or portion
thereof, submitted to, developed, produced, collected, or obtained by
the Secretary or the Secretary's representative for purposes of
complying with the requirements under section 5329 of title 49, United
States Code, including information related to a recipient's safety
plan, safety risks, and mitigation measures.
(b) Coordination.--In conducting the study under subsection (a),
the Transportation Research Board shall coordinate with the legal
research entities of the National Academies of Sciences, Engineering,
and Medicine, including the Committee on Law and Justice and the
Committee on Science, Technology, and Law, and include members of those
committees on the research committee established for the purposes of
this section.
(c) Input.--In conducting the study under subsection (a), the
relevant entities of the National Academies of Sciences, Engineering,
and Medicine shall solicit input from the public transportation
recipients, public transportation nonprofit employee labor
organizations, and impacted members of the general public.
(d) Report.--Not later than 18 months after the date of enactment
of this Act, the National Academies of Sciences, Engineering, and
Medicine shall issue a report, with the findings of the study under
subsection (a), including any recommendations on statutory changes
regarding evidentiary protections that will increase public
transportation safety.
SEC. 3022. IMPROVED PUBLIC TRANSPORTATION SAFETY MEASURES.
(a) Requirements.--Not later than 90 days after publication of the
report required in section 3020, the Secretary shall issue a notice of
proposed rulemaking on protecting public transportation operators from
the risk of assault.
(b) Consideration.--In the proposed rulemaking, the Secretary shall
consider--
(1) different safety needs of drivers of different modes;
(2) differences in operating environments;
(3) the use of technology to mitigate driver assault risks;
(4) existing experience, from both agencies and operators that
already are using or testing driver assault mitigation
infrastructure; and
(5) the impact of the rule on future rolling stock procurements
and vehicles currently in revenue service.
(c) Savings Clause.--Nothing in this section may be construed as
prohibiting the Secretary from issuing different comprehensive worker
protections, including standards for mitigating assaults.
SEC. 3023. PARATRANSIT SYSTEM UNDER FTA APPROVED COORDINATED PLAN.
Notwithstanding the provisions of section 37.131(c) of title 49,
Code of Federal Regulations, any paratransit system currently
coordinating complementary paratransit service for more than 40 fixed
route agencies shall be permitted to continue using an existing tiered,
distance-based coordinated paratransit fare system, if the fare for the
existing tiered, distance-based coordinated paratransit fare system is
not increased by a greater percentage than any increase to the fixed
route fare for the largest transit agency in the complementary
paratransit service area.
SEC. 3024. REPORT ON POTENTIAL OF INTERNET OF THINGS.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to Congress a report on the
potential of the Internet of Things to improve transportation services
in rural, suburban, and urban areas.
(b) Contents.--The report required under subsection (a) shall
include--
(1) a survey of the communities, cities, and States that are
using innovative transportation systems to meet the needs of ageing
populations;
(2) best practices to protect privacy and security, as
determined as a result of such survey; and
(3) recommendations with respect to the potential of the
Internet of Things to assist local, State, and Federal planners to
develop more efficient and accurate projections of the
transportation needs of rural, suburban, and urban communities.
SEC. 3025. REPORT ON PARKING SAFETY.
(a) Study.--The Secretary shall conduct a study on the safety of
certain transportation facilities and locations, focusing on any
property damage, injuries, deaths, and other incidents that occur or
originate at locations intended to encourage public use of alternative
transportation, including--
(1) carpool lots;
(2) mass transit lots;
(3) local, State, or regional rail stations;
(4) rest stops;
(5) college or university lots;
(6) bike paths or walking trails; and
(7) any other locations that the Secretary considers
appropriate.
(b) Report.--Not later than 8 months after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate a report on the
results of the study.
(c) Recommendations.--The Secretary shall include in the report
recommendations to Congress on the best ways to use innovative
technologies to increase safety and ensure a better response by transit
security and local, State, and Federal law enforcement to address
threats to public safety.
SEC. 3026. APPOINTMENT OF DIRECTORS OF WASHINGTON METROPOLITAN AREA
TRANSIT AUTHORITY.
(a) Definitions.--In this section, the following definitions apply:
(1) Compact.--The term ``Compact'' means the Washington
Metropolitan Area Transit Authority Compact (Public Law 89-774; 80
Stat. 1324).
(2) Federal director.--The term ``Federal Director'' means--
(A) a voting member of the Board of Directors of the
Transit Authority who represents the Federal Government; and
(B) a nonvoting member of the Board of Directors of the
Transit Authority who serves as an alternate for a member
described in subparagraph (A).
(3) Transit authority.--The term ``Transit Authority'' means
the Washington Metropolitan Area Transit Authority established
under Article III of the Compact.
(b) Appointment by Secretary of Transportation.--
(1) In general.--For any appointment made on or after the date
of enactment of this Act, the Secretary of Transportation shall
have sole authority to appoint Federal Directors to the Board of
Directors of the Transit Authority.
(2) Amendment to compact.--The signatory parties to the Compact
shall amend the Compact as necessary in accordance with paragraph
(1).
SEC. 3027. EFFECTIVENESS OF PUBLIC TRANSPORTATION CHANGES AND FUNDING.
Not later than 18 months after the date of enactment of this Act,
the Comptroller General shall examine and evaluate the impact of the
changes that MAP-21 had on public transportation, including--
(1) the ability and effectiveness of public transportation
agencies to provide public transportation to low-income workers in
accessing jobs and being able to use reverse commute services;
(2) whether services to low-income riders declined after MAP-21
was implemented; and
(3) if guidance provided by the Federal Transit Administration
encouraged public transportation agencies to maintain and support
services to low-income riders to allow them to access jobs, medical
services, and other life necessities.
SEC. 3028. 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 2017 to assist in financing the
installation of positive train control systems required under section
20157 of title 49, United States Code.
(b) Uses.--The amounts made available under subsection (a) of this
section shall be awarded by the Secretary on a competitive basis, and
grant funds awarded under this section shall not exceed 80 percent of
the total cost of a project.
(c) Credit Assistance.--At the request of an eligible applicant
under this section, the Secretary may use amounts awarded to the entity
to pay the subsidy and administrative costs necessary to provide the
entity Federal credit assistance under sections 502 through 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
801 et seq.), with respect to the project for which the grant was
awarded.
(d) 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.
(e) 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.
(f) 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.
(g) Grants Financed From Highway Trust Fund.--A grant 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.
(h) Availability of Amounts.--Notwithstanding subsection (j),
amounts made available under this section shall remain available until
expended.
(i) Obligation Limitation.--Funds made available under this section
shall be subject to obligation limit of section 3018 of the Federal
Public Transportation Act of 2015.
(j) Sunset.--The Secretary of Transportation shall provide the
grants, direct loans, and loan guarantees under subsections (b) and (c)
by September 30, 2018.
SEC. 3029. AMENDMENT TO TITLE 5.
(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. 3030. TECHNICAL AND CONFORMING CHANGES.
(a) Repeal.--Section 20008(b) of MAP-21 (49 U.S.C. 5309 note) is
repealed.
(b) Repeal Section 5313.--Section 5313 of title 49, United States
Code, and the item relating to that section in the analysis for chapter
53 of such title, are repealed.
(c) Repeal of Section 5319.--Section 5319 of title 49, United
States Code, and the item relating to that section in the analysis for
chapter 53 of such title, are repealed.
(d) Repeal of Section 5322.--Section 5322 of title 49, United
States Code, and the item relating to that section in the analysis for
chapter 53 of such title, are repealed.
(e) Section 5325.--Section 5325 of title 49, United States Code is
amended--
(1) in subsection (e)(2), by striking ``at least two''; and
(2) in subsection (h), by striking ``Federal Public
Transportation Act of 2012'' and inserting ``Federal Public
Transportation Act of 2015''.
(f) Section 5340.--Section 5340 of title 49, United States Code, is
amended--
(1) by striking subsection (b); and
(2) by inserting the following:
``(b) Allocation.--The Secretary shall apportion the amounts made
available under section 5338(b)(2)(N) in accordance with subsection (c)
and subsection (d).''.
(g) 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''.
TITLE IV--HIGHWAY TRAFFIC SAFETY
SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Highway safety programs.--For carrying out section 402 of
title 23, United States Code--
(A) $243,500,000 for fiscal year 2016;
(B) $252,300,000 for fiscal year 2017;
(C) $261,200,000 for fiscal year 2018;
(D) $270,400,000 for fiscal year 2019; and
(E) $279,800,000 for fiscal year 2020.
(2) Highway safety research and development.--For carrying out
section 403 of title 23, United States Code--
(A) $137,800,000 for fiscal year 2016;
(B) $140,700,000 for fiscal year 2017;
(C) $143,700,000 for fiscal year 2018;
(D) $146,700,000 for fiscal year 2019; and
(E) $149,800,000 for fiscal year 2020.
(3) National priority safety programs.--For carrying out
section 405 of title 23, United States Code--
(A) $274,700,000 for fiscal year 2016;
(B) $277,500,000 for fiscal year 2017;
(C) $280,200,000 for fiscal year 2018;
(D) $283,000,000 for fiscal year 2019; and
(E) $285,900,000 for fiscal year 2020.
(4) National driver register.--For the National Highway Traffic
Safety Administration to carry out chapter 303 of title 49, United
States Code--
(A) $5,100,000 for fiscal year 2016;
(B) $5,200,000 for fiscal year 2017;
(C) $5,300,000 for fiscal year 2018;
(D) $5,400,000 for fiscal year 2019; and
(E) $5,500,000 for fiscal year 2020.
(5) High-visibility enforcement program.--For carrying out
section 404 of title 23, United States Code--
(A) $29,300,000 for fiscal year 2016;
(B) $29,500,000 for fiscal year 2017;
(C) $29,900,000 for fiscal year 2018;
(D) $30,200,000 for fiscal year 2019; and
(E) $30,500,000 for fiscal year 2020.
(6) Administrative expenses.--For administrative and related
operating expenses of the National Highway Traffic Safety
Administration in carrying out chapter 4 of title 23, United States
Code, and this title--
(A) $25,832,000 for fiscal year 2016;
(B) $26,072,000 for fiscal year 2017;
(C) $26,329,000 for fiscal year 2018;
(D) $26,608,000 for fiscal year 2019; and
(E) $26,817,000 for fiscal year 2020.
(b) Prohibition on Other Uses.--Except as otherwise provided in
chapter 4 of title 23, United States Code, and chapter 303 of title 49,
United States Code, the amounts made available from the Highway Trust
Fund (other than the Mass Transit Account) for a program under such
chapters--
(1) shall only be used to carry out such program; and
(2) may not be used by States or local governments for
construction purposes.
(c) Applicability of Title 23.--Except as otherwise provided in
chapter 4 of title 23, United States Code, and chapter 303 of title 49,
United States Code, amounts made available under subsection (a) for
fiscal years 2016 through 2020 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 title shall be
carried out in accordance with regulations issued by the Secretary.
(e) State Matching Requirements.--If a grant awarded under chapter
4 of title 23, United States Code, requires a State to share in the
cost, the aggregate of all expenditures for highway safety activities
made during a fiscal year by the State and its political subdivisions
(exclusive of Federal funds) for carrying out the grant (other than
planning and administration) shall be available for the purpose of
crediting the State during such fiscal year for the non-Federal share
of the cost of any other project carried out under chapter 4 of title
23, United States Code (other than planning or administration), without
regard to whether such expenditures were made in connection with such
project.
(f) Grant Application and Deadline.--To receive a grant under
chapter 4 of title 23, United States Code, a State shall submit an
application, and the Secretary shall establish a single deadline for
such applications to enable the award of grants early in the next
fiscal year.
SEC. 4002. HIGHWAY SAFETY PROGRAMS.
Section 402 of title 23, United States Code, is amended--
(1) in subsection (a)(2)(A)--
(A) in clause (vi) by striking ``and'' at the end;
(B) in clause (vii) by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following:
``(viii) to increase driver awareness of commercial
motor vehicles to prevent crashes and reduce injuries and
fatalities;'';
(2) in subsection (c)(4), by adding at the end the following:
``(C) Survey.--A State in which an automated traffic
enforcement system is installed shall expend funds apportioned
to that State under this section to conduct a biennial survey
that the Secretary shall make publicly available through the
Internet Web site of the Department of Transportation that
includes--
``(i) a list of automated traffic enforcement systems
in the State;
``(ii) adequate data to measure the transparency,
accountability, and safety attributes of each automated
traffic enforcement system; and
``(iii) a comparison of each automated traffic
enforcement system with--
``(I) Speed Enforcement Camera Systems Operational
Guidelines (DOT HS 810 916, March 2008); and
``(II) Red Light Camera Systems Operational
Guidelines (FHWA-SA-05-002, January 2005).'';
(3) by striking subsection (g) and inserting the following:
``(g) Restriction.--Nothing in this section may be construed to
authorize the appropriation or expenditure of funds for highway
construction, maintenance, or design (other than design of safety
features of highways to be incorporated into guidelines).'';
(4) in subsection (k)--
(A) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(B) by inserting after paragraph (2) the following:
``(3) Electronic submission.--The Secretary, in coordination
with the Governors Highway Safety Association, shall develop
procedures to allow States to submit highway safety plans under
this subsection, including any attachments to the plans, in
electronic form.''; and
(C) in paragraph (6)(A), as so redesignated, by striking
``60 days'' and inserting ``45 days''; and
(5) in subsection (m)(2)(B)--
(A) in clause (vii) by striking ``and'' at the end;
(B) in clause (viii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(ix) increase driver awareness of commercial motor
vehicles to prevent crashes and reduce injuries and
fatalities; and
``(x) support for school-based driver's education
classes to improve teen knowledge about--
``(I) safe driving practices; and
``(II) State graduated driving license
requirements, including behind-the-wheel training
required to meet those requirements.''.
SEC. 4003. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
Section 403 of title 23, United States Code, is amended--
(1) in subsection (h)--
(A) in paragraph (1) by striking ``may'' and inserting
``shall'';
(B) by striking paragraph (2) and inserting the following:
``(2) Funding.--The Secretary shall obligate from funds made
available to carry out this section for the period covering fiscal
years 2017 through 2020 not more than $21,248,000 to conduct the
research described in paragraph (1).'';
(C) in paragraph (3) by striking ``If the Administrator
utilizes the authority under paragraph (1), the'' and inserting
``The''; and
(D) in paragraph (4) by striking ``If the Administrator
conducts the research authorized under paragraph (1), the'' and
inserting ``The''; and
(2) by adding at the end the following:
``(i) Limitation on Drug and Alcohol Survey Data.--The Secretary
shall establish procedures and guidelines to ensure that any person
participating in a program or activity that collects data on drug or
alcohol use by drivers of motor vehicles and is carried out under this
section is informed that the program or activity is voluntary.
``(j) Federal Share.--The Federal share of the cost of any project
or activity carried out under this section may be not more than 100
percent.''.
SEC. 4004. HIGH-VISIBILITY ENFORCEMENT PROGRAM.
(a) In General.--Section 404 of title 23, United States Code, is
amended to read as follows:
``Sec. 404. High-visibility enforcement program
``(a) In General.--The Secretary shall establish and administer a
program under which not less than 3 campaigns will be carried out in
each of fiscal years 2016 through 2020.
``(b) Purpose.--The purpose of each campaign carried out under this
section shall be to achieve outcomes related to not less than 1 of the
following objectives:
``(1) Reduce alcohol-impaired or drug-impaired operation of
motor vehicles.
``(2) Increase use of seatbelts by occupants of motor vehicles.
``(c) Advertising.--The Secretary may use, or authorize the use of,
funds available to carry out this section to pay for the development,
production, and use of broadcast and print media advertising and
Internet-based outreach in carrying out campaigns under this section.
In allocating such funds, consideration shall be given to advertising
directed at non-English speaking populations, including those who
listen to, read, or watch nontraditional media.
``(d) Coordination With States.--The Secretary shall coordinate
with States in carrying out the campaigns under this section, including
advertising funded under subsection (c), with consideration given to--
``(1) relying on States to provide law enforcement resources
for the campaigns out of funding made available under sections 402
and 405; and
``(2) providing, out of National Highway Traffic Safety
Administration resources, most of the means necessary for national
advertising and education efforts associated with the campaigns.
``(e) Use of Funds.--Funds made available to carry out this section
may be used only for activities described in subsection (c).
``(f) Definitions.--In this section, the following definitions
apply:
``(1) Campaign.--The term `campaign' means a high-visibility
traffic safety law enforcement campaign.
``(2) State.--The term `State' has the meaning given that term
in section 401.''.
(b) Clerical Amendment.--The analysis for chapter 4 of title 23,
United States Code, is amended by striking the item relating to section
404 and inserting the following:
``404. High-visibility enforcement program.''.
SEC. 4005. NATIONAL PRIORITY SAFETY PROGRAMS.
(a) General Authority.--Section 405(a) of title 23, United States
Code, is amended to read as follows:
``(a) General Authority.--Subject to the requirements of this
section, the Secretary shall manage programs to address national
priorities for reducing highway deaths and injuries. Funds shall be
allocated according to the following:
``(1) Occupant protection.--In each fiscal year, 13 percent of
the funds provided under this section shall be allocated among
States that adopt and implement effective occupant protection
programs to reduce highway deaths and injuries resulting from
individuals riding unrestrained or improperly restrained in motor
vehicles (as described in subsection (b)).
``(2) State traffic safety information system improvements.--In
each fiscal year, 14.5 percent of the funds provided under this
section shall be allocated among States that meet requirements with
respect to State traffic safety information system improvements (as
described in subsection (c)).
``(3) Impaired driving countermeasures.--In each fiscal year,
52.5 percent of the funds provided under this section shall be
allocated among States that meet requirements with respect to
impaired driving countermeasures (as described in subsection (d)).
``(4) Distracted driving.--In each fiscal year, 8.5 percent of
the funds provided under this section shall be allocated among
States that adopt and implement effective laws to reduce distracted
driving (as described in subsection (e)).
``(5) Motorcyclist safety.--In each fiscal year, 1.5 percent of
the funds provided under this section shall be allocated among
States that implement motorcyclist safety programs (as described in
subsection (f)).
``(6) State graduated driver licensing laws.--In each fiscal
year, 5 percent of the funds provided under this section shall be
allocated among States that adopt and implement graduated driver
licensing laws (as described in subsection (g)).
``(7) Nonmotorized safety.--In each fiscal year, 5 percent of
the funds provided under this section shall be allocated among
States that meet requirements with respect to nonmotorized safety
(as described in subsection (h)).
``(8) Transfers.--Notwithstanding paragraphs (1) through (7),
the Secretary shall reallocate, before the last day of any fiscal
year, any amounts remaining available to carry out any of the
activities described in subsections (b) through (h) to increase the
amount made available under section 402, in order to ensure, to the
maximum extent possible, that all such amounts are obligated during
such fiscal year.
``(9) Maintenance of effort.--
``(A) 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), (c), or (d) of this
section shall provide certification that the lead State agency
responsible for programs described in any of those subsections
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 FAST Act.
``(B) Waiver.--Upon the request of a State, the Secretary
may waive or modify the requirements under subparagraph (A) for
not more than 1 fiscal year if the Secretary determines that
such a waiver would be equitable due to exceptional or
uncontrollable circumstances.
``(10) Political subdivisions.--A State may provide the funds
awarded under this section to a political subdivision of the State
or an Indian tribal government.''.
(b) High Seatbelt Use Rate.--Section 405(b)(4)(B) of title 23,
United States Code, is amended by striking ``75 percent'' and inserting
``100 percent''.
(c) Impaired Driving Countermeasures.--Section 405(d) of title 23,
United States Code, is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) Use of grant amounts.--
``(A) Required programs.--High-range States shall use grant
funds for--
``(i) high-visibility enforcement efforts; and
``(ii) any of the activities described in subparagraph
(B) if--
``(I) the activity is described in the statewide
plan; and
``(II) the Secretary approves the use of funding
for such activity.
``(B) Authorized programs.--Medium-range and low-range
States may use grant funds for--
``(i) any of the purposes described in subparagraph
(A);
``(ii) hiring a full-time or part-time impaired driving
coordinator of the State's activities to address the
enforcement and adjudication of laws regarding driving
while impaired by alcohol, drugs, or the combination of
alcohol and drugs;
``(iii) court support of high-visibility enforcement
efforts, training and education of criminal justice
professionals (including law enforcement, prosecutors,
judges, and probation officers) to assist such
professionals in handling impaired driving cases, hiring
traffic safety resource prosecutors, hiring judicial
outreach liaisons, and establishing driving while
intoxicated courts;
``(iv) alcohol ignition interlock programs;
``(v) improving blood-alcohol concentration testing and
reporting;
``(vi) paid and earned media in support of high-
visibility enforcement efforts, conducting standardized
field sobriety training, advanced roadside impaired driving
evaluation training, and drug recognition expert training
for law enforcement, and equipment and related expenditures
used in connection with impaired driving enforcement in
accordance with criteria established by the National
Highway Traffic Safety Administration;
``(vii) training on the use of alcohol and drug
screening and brief intervention;
``(viii) training for and implementation of impaired
driving assessment programs or other tools designed to
increase the probability of identifying the recidivism risk
of a person convicted of driving under the influence of
alcohol, drugs, or a combination of alcohol and drugs and
to determine the most effective mental health or substance
abuse treatment or sanction that will reduce such risk;
``(ix) developing impaired driving information systems;
and
``(x) costs associated with a 24-7 sobriety program.
``(C) Other programs.--Low-range States may use grant funds
for any expenditure designed to reduce impaired driving based
on problem identification and may use not more than 50 percent
of funds made available under this subsection for any project
or activity eligible for funding under section 402. Medium-
range and high-range States may use funds for any expenditure
designed to reduce impaired driving based on problem
identification upon approval by the Secretary.'';
(2) in paragraph (6)--
(A) by amending the paragraph heading to read as follows:
``Additional grants.--'';
(B) in subparagraph (A) by amending the subparagraph
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.
``(iii) A State-certified ignition interlock provider
is not available within 100 miles of the individual's
residence.''; and
(3) in paragraph (7)--
(A) in subparagraph (A)--
(i) 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'';
(ii) in clause (i) by striking ``who plead guilty or''
and inserting ``who was arrested for, plead guilty to,
or''; and
(iii) in clause (ii)(I) by inserting ``at a testing
location'' after ``per day''; and
(B) in subparagraph (D) by striking the second period at
the end.
(d) Distracted Driving Grants.--Section 405(e) of title 23, United
States Code, is amended to read as follows:
``(e) Distracted Driving Grants.--
``(1) In general.--The Secretary shall award a grant under this
subsection to any State that includes distracted driving awareness
as part of the State's driver's license examination, and enacts and
enforces a law that meets the requirements set forth in paragraphs
(2) and (3).
``(2) Prohibition on texting while driving.--A State law meets
the requirements set forth in this paragraph if the law--
``(A) prohibits a driver from texting through a personal
wireless communications device while driving;
``(B) makes violation of the law a primary offense;
``(C) establishes a minimum fine for a violation of the
law; and
``(D) does not provide for an exemption that specifically
allows a driver to text through a personal wireless
communication device while stopped in traffic.
``(3) Prohibition on youth cell phone use while driving or
stopped in traffic.--A State law meets the requirements set forth
in this paragraph if the law--
``(A) prohibits a driver from using a personal wireless
communications device while driving if the driver is--
``(i) younger than 18 years of age; or
``(ii) in the learner's permit or intermediate license
stage set forth in subsection (g)(2)(B);
``(B) makes violation of the law a primary offense;
``(C) establishes a minimum fine for a violation of the
law; and
``(D) does not provide for an exemption that specifically
allows a driver to text through a personal wireless
communication device while stopped in traffic.
``(4) Permitted exceptions.--A law that meets the requirements
set forth in paragraph (2) or (3) may provide exceptions for--
``(A) a driver who uses a personal wireless communications
device to contact emergency services;
``(B) emergency services personnel who use a personal
wireless communications device while--
``(i) operating an emergency services vehicle; and
``(ii) engaged in the performance of their duties as
emergency services personnel;
``(C) an individual employed as a commercial motor vehicle
driver or a school bus driver who uses a personal wireless
communications device within the scope of such individual's
employment if such use is permitted under the regulations
promulgated pursuant to section 31136 of title 49; and
``(D) any additional exceptions determined by the Secretary
through a rulemaking process.
``(5) Use of grant funds.--
``(A) In general.--Except as provided in subparagraph (B),
amounts received by a State under this subsection shall be
used--
``(i) to educate the public through advertising
containing information about the dangers of texting or
using a cell phone while driving;
``(ii) for traffic signs that notify drivers about the
distracted driving law of the State; or
``(iii) for law enforcement costs related to the
enforcement of the distracted driving law.
``(B) Flexibility.--
``(i) Not more than 50 percent of amounts received
by a State under this subsection may be used for any
eligible project or activity under section 402.
``(ii) Not more than 75 percent of amounts received
by a State under this subsection may be used for any
eligible project or activity under section 402 if the
State has conformed its distracted driving data to the
most recent Model Minimum Uniform Crash Criteria
published by the Secretary.
``(6) Additional distracted driving grants.--
``(A) In general.--Notwithstanding paragraph (1), for each
of fiscal years 2017 and 2018, the Secretary shall use up to 25
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) 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;
``(II) imposes fines for violations;
``(III) has a statute that prohibits drivers who
are younger than 18 years of age from using a personal
wireless communications device while driving; and
``(IV) is otherwise ineligible for a grant under
this subsection.
``(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.
``(7) Allocation to support state distracted driving laws.--Of
the amounts available under this subsection in a fiscal year for
distracted driving grants, the Secretary may expend not more than
$5,000,000 for the development and placement of broadcast media to
reduce distracted driving of motor vehicles.
``(8) Grant amount.--The allocation of grant funds to a State
under this subsection for a fiscal year shall be in proportion to
the State's apportionment under section 402 for fiscal year 2009.
``(9) Definitions.--In this subsection, the following
definitions apply:
``(A) Driving.--The term `driving'--
``(i) means operating a motor vehicle on a public road;
and
``(ii) does not include operating a motor vehicle when
the vehicle has pulled over to the side of, or off, an
active roadway and has stopped in a location where it can
safely remain stationary.
``(B) Personal wireless communications device.--The term
`personal wireless communications device'--
``(i) means a device through which personal wireless
services (as defined in section 332(c)(7)(C)(i) of the
Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are
transmitted; and
``(ii) does not include a global navigation satellite
system receiver used for positioning, emergency
notification, or navigation purposes.
``(C) Primary offense.--The term `primary offense' means an
offense for which a law enforcement officer may stop a vehicle
solely for the purpose of issuing a citation in the absence of
evidence of another offense.
``(D) Public road.--The term `public road' has the meaning
given such term in section 402(c).
``(E) Texting.--The term `texting' means reading from or
manually entering data into a personal wireless communications
device, including doing so for the purpose of SMS texting,
emailing, instant messaging, or engaging in any other form of
electronic data retrieval or electronic data communication.''.
(e) Motorcyclist Safety.--Section 405(f) of title 23, United States
Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Grant amount.--The allocation of grant funds to a State
under this subsection for a fiscal year shall be in proportion to
the State's apportionment under section 402 for fiscal year 2009,
except that the amount of a grant awarded to a State for a fiscal
year may not exceed 25 percent of the amount apportioned to the
State under such section for fiscal year 2009.'';
(2) in paragraph (4) by adding at the end the following:
``(C) Flexibility.--Not more than 50 percent of grant funds
received by a State under this subsection may be used for any
eligible project or activity under section 402 if the State is
in the lowest 25 percent of all States for motorcycle deaths
per 10,000 motorcycle registrations based on the most recent
data that conforms with criteria established by the
Secretary.''; and
(3) by adding at the end the following:
``(6) Share-the-road model language.--Not later than 1 year
after the date of enactment of this paragraph, the Secretary shall
update and provide to the States model language, for use in traffic
safety education courses, driver's manuals, and other driver
training materials, that provides instruction for drivers of motor
vehicles on the importance of sharing the road safely with
motorcyclists.''.
(f) Minimum Requirements for State Graduated Driver Licensing
Incentive Grant Program.--Section 405(g) of title 23, United States
Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (A) by striking ``21'' and inserting
``18''; and
(B) 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; and
``(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 months 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) learner's permit and intermediate stages that
each require, in addition to any other penalties imposed by
State law, that 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.''; and
(2) by adding at the end the following:
``(6) Special rule.--Notwithstanding paragraph (5), up to 100
percent of grant funds received by a State under this subsection
may be used for any eligible project or activity under section 402,
if the State is in the lowest 25 percent of all States for the
number of drivers under age 18 involved in fatal crashes in the
State per the total number of drivers under age 18 in the State
based on the most recent data that conforms with criteria
established by the Secretary.''.
(g) Nonmotorized Safety.--Section 405 of title 23, United States
Code, is amended by adding at the end the following:
``(h) Nonmotorized Safety.--
``(1) General authority.--Subject to the requirements under
this subsection, the Secretary shall award grants to States for the
purpose of decreasing pedestrian and bicycle fatalities and
injuries that result from crashes involving a motor vehicle.
``(2) Federal share.--The Federal share of the cost of a
project carried out by a State using amounts from a grant awarded
under this subsection may not exceed 80 percent.
``(3) Eligibility.--A State shall receive a grant under this
subsection in a fiscal year if the annual combined pedestrian and
bicycle fatalities in the State exceed 15 percent of the total
annual crash fatalities in the State, based on the most recently
reported final data from the Fatality Analysis Reporting System.
``(4) Use of grant amounts.--Grant funds received by a State
under this subsection may be used for--
``(A) training of law enforcement officials on State laws
applicable to pedestrian and bicycle safety;
``(B) enforcement mobilizations and campaigns designed to
enforce State traffic laws applicable to pedestrian and bicycle
safety; and
``(C) public education and awareness programs designed to
inform motorists, pedestrians, and bicyclists of State traffic
laws applicable to pedestrian and bicycle safety.
``(5) Grant amount.--The allocation of grant funds to a State
under this subsection for a fiscal year shall be in proportion to
the State's apportionment under section 402 for fiscal year
2009.''.
SEC. 4006. 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.''.
SEC. 4007. STOP MOTORCYCLE CHECKPOINT FUNDING.
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.
SEC. 4008. MARIJUANA-IMPAIRED DRIVING.
(a) Study.--The Secretary, in consultation with the heads of other
Federal agencies as appropriate, shall conduct a study on marijuana-
impaired driving.
(b) Issues To Be Examined.--In conducting the study, the Secretary
shall examine, at a minimum, the following:
(1) Methods to detect marijuana-impaired driving, including
devices capable of measuring marijuana levels in motor vehicle
operators.
(2) A review of impairment standard research for driving under
the influence of marijuana.
(3) Methods to differentiate the cause of a driving impairment
between alcohol and marijuana.
(4) State-based policies on marijuana-impaired driving.
(5) The role and extent of marijuana impairment in motor
vehicle accidents.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in cooperation with other
Federal agencies as appropriate, shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report on the results of the study.
(2) Contents.--The report shall include, at a minimum, the
following:
(A) Findings.--The findings of the Secretary based on the
study, including, at a minimum, the following:
(i) An assessment of methodologies and technologies for
measuring driver impairment resulting from the use of
marijuana, including the use of marijuana in combination
with alcohol.
(ii) A description and assessment of the role of
marijuana as a causal factor in traffic crashes and the
extent of the problem of marijuana-impaired driving.
(iii) A description and assessment of current State
laws relating to marijuana-impaired driving.
(iv) A determination whether an impairment standard for
drivers under the influence of marijuana is feasible and
could reduce vehicle accidents and save lives.
(B) Recommendations.--The recommendations of the Secretary
based on the study, including, at a minimum, the following:
(i) Effective and efficient methods for training law
enforcement personnel, including drug recognition experts,
to detect or measure the level of impairment of a motor
vehicle operator who is under the influence of marijuana by
the use of technology or otherwise.
(ii) If feasible, an impairment standard for driving
under the influence of marijuana.
(iii) Methodologies for increased data collection
regarding the prevalence and effects of marijuana-impaired
driving.
(d) Marijuana Defined.--In this section, the term ``marijuana''
includes all substances containing tetrahydrocannabinol.
SEC. 4009. 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 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 describes the additional actions undertaken by the
Administration pursuant to subsection (a).
SEC. 4010. NATIONAL PRIORITY SAFETY PROGRAM GRANT ELIGIBILITY.
Not later than 60 days after the date on which the Secretary awards
grants under section 405 of title 23, United States Code, the Secretary
shall make available on a publicly available Internet Web site of the
Department of Transportation--
(1) an identification of--
(A) the States that were awarded grants under such section;
(B) the States that applied and were not awarded grants
under such section; and
(C) the States that did not apply for a grant under such
section; and
(2) a list of deficiencies that made a State ineligible for a
grant under such section for each State under paragraph (1)(B).
SEC. 4011. DATA COLLECTION.
Section 1906 of SAFETEA-LU (23 U.S.C. 402 note) is amended--
(1) in subsection (a)(1)--
(A) by striking ``(A) has enacted'' and all that follows
through ``(B) is maintaining'' and inserting ``is
maintaining''; and
(B) by striking ``and any passengers'';
(2) by striking subsection (b) and inserting the following:
``(b) Use of Grant Funds.--A grant received by a State under
subsection (a) shall be used by the State for the costs of--
``(1) collecting and maintaining data on traffic stops; and
``(2) evaluating the results of the data.'';
(3) by striking subsection (c) and redesignating subsections
(d) and (e) as subsections (c) and (d), respectively;
(4) in subsection (c)(2), as so redesignated, by striking ``A
State'' and inserting ``On or after October 1, 2015, a State''; and
(5) in subsection (d), as so redesignated--
(A) in the subsection heading by striking ``Authorization
of Appropriations'' and inserting ``Funding'';
(B) by striking paragraph (1) and inserting the following:
``(1) In general.--From funds made available under section 403
of title 23, United States Code, the Secretary shall set aside
$7,500,000 for each of fiscal years 2017 through 2020 to carry out
this section.'';
(C) in paragraph (2)--
(i) by striking ``authorized by'' and inserting ``made
available under''; and
(ii) by striking ``percent,'' and all that follows
through the period at the end and inserting ``percent.'';
and
(D) by adding at the end the following:
``(3) Other uses.--The Secretary may reallocate, before the
last day of any fiscal year, amounts remaining available under
paragraph (1) to increase the amounts made available to carry out
any of other activities authorized under section 403 of title 23,
United States Code, in order to ensure, to the maximum extent
possible, that all such amounts are obligated during such fiscal
year.''.
SEC. 4012. STUDY ON THE NATIONAL ROADSIDE SURVEY OF ALCOHOL AND DRUG
USE BY DRIVERS.
Not later than 180 days after the date on which the Comptroller
General of the United States 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. 4013. BARRIERS TO DATA COLLECTION REPORT.
Not later than 180 days after the date of 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 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. 4014. TECHNICAL CORRECTIONS.
Title 23, United States Code, is amended as follows:
(1) Section 402 is amended--
(A) in subsection (b)(1)--
(i) in subparagraph (C) by striking ``paragraph (3)''
and inserting ``paragraph (2)''; and
(ii) in subparagraph (E)--
(I) by striking ``in which'' and inserting ``for
which''; and
(II) by striking ``under subsection (f)'' and
inserting ``under subsection (k)''; and
(B) in subsection (k)(5), as redesignated by this Act, by
striking ``under paragraph (2)(A)'' and inserting ``under
paragraph (3)(A)''.
(2) Section 403(e) is amended by striking ``chapter 301'' and
inserting ``chapter 301 of title 49''.
(3) Section 405 is amended--
(A) in subsection (d)--
(i) in paragraph (5) by striking ``under section
402(c)'' and inserting ``under section 402''; and
(ii) in paragraph (6)(D), as redesignated by this Act,
by striking ``on the basis of the apportionment formula set
forth in section 402(c)'' and inserting ``in proportion to
the State's apportionment under section 402 for fiscal year
2009''; and
(B) in subsection (f)(4)(A)(iv)--
(i) by striking ``such as the'' and inserting
``including''; and
(ii) by striking ``developed under subsection (g)''.
SEC. 4015. EFFECTIVE DATE FOR CERTAIN PROGRAMS.
Notwithstanding any other provision of this Act, except for the
technical corrections in section 4014, the amendments made by this Act
to sections 164, 402, and 405 of title 23, United States Code, shall be
effective on October 1, 2016.
TITLE V--MOTOR CARRIER SAFETY
Subtitle A--Motor Carrier Safety Grant Consolidation
SEC. 5101. GRANTS TO STATES.
(a) Motor Carrier Safety Assistance Program.--Section 31102 of
title 49, United States Code, is amended to read as follows:
``Sec. 31102. Motor carrier safety assistance program
``(a) In General.--The Secretary of Transportation shall administer
a motor carrier safety assistance program funded under section 31104.
``(b) Goal.--The goal of the program is to ensure that the
Secretary, States, local governments, other political jurisdictions,
federally recognized Indian tribes, and other persons work in
partnership to establish programs to improve motor carrier, commercial
motor vehicle, and driver safety to support a safe and efficient
surface transportation system by--
``(1) making targeted investments to promote safe commercial
motor vehicle transportation, including the transportation of
passengers and hazardous materials;
``(2) investing in activities likely to generate maximum
reductions in the number and severity of commercial motor vehicle
crashes and in fatalities resulting from such crashes;
``(3) adopting and enforcing effective motor carrier,
commercial motor vehicle, and driver safety regulations and
practices consistent with Federal requirements; and
``(4) assessing and improving statewide performance by setting
program goals and meeting performance standards, measures, and
benchmarks.
``(c) State Plans.--
``(1) In general.--In carrying out the program, the Secretary
shall prescribe procedures for a State to submit a multiple-year
plan, and annual updates thereto, under which the State agrees to
assume responsibility for improving motor carrier safety by
adopting and enforcing State regulations, standards, and orders
that are compatible with the regulations, standards, and orders of
the Federal Government on commercial motor vehicle safety and
hazardous materials transportation safety.
``(2) Contents.--The Secretary shall approve a State plan if
the Secretary determines that the plan is adequate to comply with
the requirements of this section, and the plan--
``(A) implements performance-based activities, including
deployment and maintenance of technology to enhance the
efficiency and effectiveness of commercial motor vehicle safety
programs;
``(B) designates a lead State commercial motor vehicle
safety agency responsible for administering the plan throughout
the State;
``(C) contains satisfactory assurances that the lead State
commercial motor vehicle safety agency has or will have the
legal authority, resources, and qualified personnel necessary
to enforce the regulations, standards, and orders;
``(D) contains satisfactory assurances that the State will
devote adequate resources to the administration of the plan and
enforcement of the regulations, standards, and orders;
``(E) provides a right of entry (or other method a State
may use that the Secretary determines is adequate to obtain
necessary information) and inspection to carry out the plan;
``(F) provides that all reports required under this section
be available to the Secretary on request;
``(G) provides that the lead State commercial motor vehicle
safety agency will adopt the reporting requirements and use the
forms for recordkeeping, inspections, and investigations that
the Secretary prescribes;
``(H) requires all registrants of commercial motor vehicles
to demonstrate knowledge of applicable safety regulations,
standards, and orders of the Federal Government and the State;
``(I) provides that the State will grant maximum
reciprocity for inspections conducted under the North American
Inspection Standards through the use of a nationally accepted
system that allows ready identification of previously inspected
commercial motor vehicles;
``(J) ensures that activities described in subsection (h),
if financed through grants to the State made under this
section, will not diminish the effectiveness of the development
and implementation of the programs to improve motor carrier,
commercial motor vehicle, and driver safety as described in
subsection (b);
``(K) ensures that the lead State commercial motor vehicle
safety agency will coordinate the plan, data collection, and
information systems with the State highway safety improvement
program required under section 148(c) of title 23;
``(L) ensures participation in appropriate Federal Motor
Carrier Safety Administration information technology and data
systems and other information systems by all appropriate
jurisdictions receiving motor carrier safety assistance program
funding;
``(M) ensures that information is exchanged among the
States in a timely manner;
``(N) provides satisfactory assurances that the State will
undertake efforts that will emphasize and improve enforcement
of State and local traffic safety laws and regulations related
to commercial motor vehicle safety;
``(O) provides satisfactory assurances that the State will
address national priorities and performance goals, including--
``(i) activities aimed at removing impaired commercial
motor vehicle drivers from the highways of the United
States through adequate enforcement of regulations on the
use of alcohol and controlled substances and by ensuring
ready roadside access to alcohol detection and measuring
equipment;
``(ii) activities aimed at providing an appropriate
level of training to State motor carrier safety assistance
program officers and employees on recognizing drivers
impaired by alcohol or controlled substances; and
``(iii) when conducted with an appropriate commercial
motor vehicle inspection, criminal interdiction activities,
and appropriate strategies for carrying out those
interdiction activities, including interdiction activities
that affect the transportation of controlled substances (as
defined in section 102 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 802) and
listed in part 1308 of title 21, Code of Federal
Regulations, as updated and republished from time to time)
by any occupant of a commercial motor vehicle;
``(P) provides that the State has established and dedicated
sufficient resources to a program to ensure that--
``(i) the State collects and reports to the Secretary
accurate, complete, and timely motor carrier safety data;
and
``(ii) the State participates in a national motor
carrier safety data correction system prescribed by the
Secretary;
``(Q) ensures that the State will cooperate in the
enforcement of financial responsibility requirements under
sections 13906, 31138, and 31139 and regulations issued under
those sections;
``(R) ensures consistent, effective, and reasonable
sanctions;
``(S) ensures that roadside inspections will be conducted
at locations that are adequate to protect the safety of drivers
and enforcement personnel;
``(T) provides that the State will include in the training
manuals for the licensing examination to drive noncommercial
motor vehicles and commercial motor vehicles information on
best practices for driving safely in the vicinity of
noncommercial and commercial motor vehicles;
``(U) provides that the State will enforce the registration
requirements of sections 13902 and 31134 by prohibiting the
operation of any vehicle discovered to be operated by a motor
carrier without a registration issued under those sections or
to be operated beyond the scope of the motor carrier's
registration;
``(V) provides that the State will conduct comprehensive
and highly visible traffic enforcement and commercial motor
vehicle safety inspection programs in high-risk locations and
corridors;
``(W) except in the case of an imminent hazard or obvious
safety hazard, ensures that an inspection of a vehicle
transporting passengers for a motor carrier of passengers is
conducted at a bus station, terminal, border crossing,
maintenance facility, destination, or other location where a
motor carrier may make a planned stop (excluding a weigh
station);
``(X) ensures that the State will transmit to its roadside
inspectors notice of each Federal exemption granted under
section 31315(b) of this title and sections 390.23 and 390.25
of title 49, Code of Federal Regulations, and provided to the
State by the Secretary, including the name of the person that
received the exemption and any terms and conditions that apply
to the exemption;
``(Y) except as provided in subsection (d), provides that
the State--
``(i) will conduct safety audits of interstate and, at
the State's discretion, intrastate new entrant motor
carriers under section 31144(g); and
``(ii) if the State authorizes a third party to conduct
safety audits under section 31144(g) on its behalf, the
State verifies the quality of the work conducted and
remains solely responsible for the management and oversight
of the activities;
``(Z) provides that the State agrees to fully participate
in the performance and registration information systems
management under section 31106(b) not later than October 1,
2020, by complying with the conditions for participation under
paragraph (3) of that section, or demonstrates to the Secretary
an alternative approach for identifying and immobilizing a
motor carrier with serious safety deficiencies in a manner that
provides an equivalent level of safety;
``(AA) in the case of a State that shares a land border
with another country, provides that the State--
``(i) will conduct a border commercial motor vehicle
safety program focusing on international commerce that
includes enforcement and related projects; or
``(ii) will forfeit all funds calculated by the
Secretary based on border-related activities if the State
declines to conduct the program described in clause (i) in
its plan; and
``(BB) in the case of a State that meets the other
requirements of this section and agrees to comply with the
requirements established in subsection (l)(3), provides that
the State may fund operation and maintenance costs associated
with innovative technology deployment under subsection (l)(3)
with motor carrier safety assistance program funds authorized
under section 31104(a)(1).
``(3) Publication.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall publish each approved State multiple-year plan,
and each annual update thereto, on a publically accessible
Internet Web site of the Department of Transportation not later
than 30 days after the date the Secretary approves the plan or
update.
``(B) Limitation.--Before publishing an approved State
multiple-year plan or annual update under subparagraph (A), the
Secretary shall redact any information identified by the State
that, if disclosed--
``(i) would reasonably be expected to interfere with
enforcement proceedings; or
``(ii) would reveal enforcement techniques or
procedures that would reasonably be expected to risk
circumvention of the law.
``(d) Exclusion of U.S. Territories.--The requirement that a State
conduct safety audits of new entrant motor carriers under subsection
(c)(2)(Y) does not apply to a territory of the United States unless
required by the Secretary.
``(e) Intrastate Compatibility.--The Secretary shall prescribe
regulations specifying tolerance guidelines and standards for ensuring
compatibility of intrastate commercial motor vehicle safety laws,
including regulations, with Federal motor carrier safety regulations to
be enforced under subsections (b) and (c). To the extent practicable,
the guidelines and standards shall allow for maximum flexibility while
ensuring a degree of uniformity that will not diminish motor vehicle
safety.
``(f) Maintenance of Effort.--
``(1) Baseline.--Except as provided under paragraphs (2) and
(3) and in accordance with section 5107 of the FAST Act, a State
plan under subsection (c) shall provide that the total expenditure
of amounts of the lead State commercial motor vehicle safety agency
responsible for administering the plan will be maintained at a
level each fiscal year that is at least equal to--
``(A) the average level of that expenditure for fiscal
years 2004 and 2005; or
``(B) the level of that expenditure for the year in which
the Secretary implements a new allocation formula under section
5106 of the FAST Act.
``(2) Adjusted baseline after fiscal year 2017.--At the request
of a State, the Secretary may evaluate additional documentation
related to the maintenance of effort and may make reasonable
adjustments to the maintenance of effort baseline after the year in
which the Secretary implements a new allocation formula under
section 5106 of the FAST Act, and this adjusted baseline will
replace the maintenance of effort requirement under paragraph (1).
``(3) Waivers.--At the request of a State, the Secretary may
waive or modify the requirements of this subsection for a total of
1 fiscal year if the Secretary determines that the waiver or
modification is reasonable, based on circumstances described by the
State, to ensure the continuation of commercial motor vehicle
enforcement activities in the State.
``(4) Level of state expenditures.--In estimating the average
level of a State's expenditures under paragraph (1), the
Secretary--
``(A) may allow the State to exclude State expenditures for
federally sponsored demonstration and pilot programs and strike
forces;
``(B) may allow the State to exclude expenditures for
activities related to border enforcement and new entrant safety
audits; and
``(C) shall require the State to exclude State matching
amounts used to receive Federal financing under section 31104.
``(g) Use of Unified Carrier Registration Fees Agreement.--Amounts
generated under section 14504a and received by a State and used for
motor carrier safety purposes may be included as part of the State's
match required under section 31104 or maintenance of effort required by
subsection (f).
``(h) Use of Grants To Enforce Other Laws.--When approved as part
of a State's plan under subsection (c), the State may use motor carrier
safety assistance program funds received under this section--
``(1) if the activities are carried out in conjunction with an
appropriate inspection of a commercial motor vehicle to enforce
Federal or State commercial motor vehicle safety regulations, for--
``(A) enforcement of commercial motor vehicle size and
weight limitations at locations, excluding fixed-weight
facilities, such as near steep grades or mountainous terrains,
where the weight of a commercial motor vehicle can
significantly affect the safe operation of the vehicle, or at
ports where intermodal shipping containers enter and leave the
United States; and
``(B) detection of and enforcement actions taken as a
result of criminal activity, including the trafficking of human
beings, in a commercial motor vehicle or by any occupant,
including the operator, of the commercial motor vehicle; and
``(2) for documented enforcement of State traffic laws and
regulations designed to promote the safe operation of commercial
motor vehicles, including documented enforcement of such laws and
regulations relating to noncommercial motor vehicles when necessary
to promote the safe operation of commercial motor vehicles, if--
``(A) the number of motor carrier safety activities,
including roadside safety inspections, conducted in the State
is maintained at a level at least equal to the average level of
such activities conducted in the State in fiscal years 2004 and
2005; and
``(B) the State does not use more than 10 percent of the
basic amount the State receives under a grant awarded under
section 31104(a)(1) for enforcement activities relating to
noncommercial motor vehicles necessary to promote the safe
operation of commercial motor vehicles unless the Secretary
determines that a higher percentage will result in significant
increases in commercial motor vehicle safety.
``(i) Evaluation of Plans and Award of Grants.--
``(1) Awards.--The Secretary shall establish criteria for the
application, evaluation, and approval of State plans under this
section. Subject to subsection (j), the Secretary may allocate the
amounts made available under section 31104(a)(1) among the States.
``(2) Opportunity to cure.--If the Secretary disapproves a plan
under this section, the Secretary shall give the State a written
explanation of the reasons for disapproval and allow the State to
modify and resubmit the plan for approval.
``(j) Allocation of Funds.--
``(1) In general.--The Secretary, by regulation, shall
prescribe allocation criteria for funds made available under
section 31104(a)(1).
``(2) Annual allocations.--On October 1 of each fiscal year, or
as soon as practicable thereafter, and after making a deduction
under section 31104(c), the Secretary shall allocate amounts made
available under section 31104(a)(1) to carry out this section for
the fiscal year among the States with plans approved under this
section in accordance with the criteria prescribed under paragraph
(1).
``(3) Elective adjustments.--Subject to the availability of
funding and notwithstanding fluctuations in the data elements used
by the Secretary to calculate the annual allocation amounts, after
the creation of a new allocation formula under section 5106 of the
FAST Act, the Secretary may not make elective adjustments to the
allocation formula that decrease a State's Federal funding levels
by more than 3 percent in a fiscal year. The 3 percent limit shall
not apply to the withholding provisions of subsection (k).
``(k) Plan Monitoring.--
``(1) In general.--On the basis of reports submitted by the
lead State agency responsible for administering a State plan
approved under this section and an investigation by the Secretary,
the Secretary shall periodically evaluate State implementation of
and compliance with the State plan.
``(2) Withholding of funds.--
``(A) Disapproval.--If, after notice and an opportunity to
be heard, the Secretary finds that a State plan previously
approved under this section is not being followed or has become
inadequate to ensure enforcement of State regulations,
standards, or orders described in subsection (c)(1), or the
State is otherwise not in compliance with the requirements of
this section, the Secretary may withdraw approval of the State
plan and notify the State. Upon the receipt of such notice, the
State plan shall no longer be in effect and the Secretary shall
withhold all funding to the State under this section.
``(B) Noncompliance withholding.--In lieu of withdrawing
approval of a State plan under subparagraph (A), the Secretary
may, after providing notice to the State and an opportunity to
be heard, withhold funding from the State to which the State
would otherwise be entitled under this section for the period
of the State's noncompliance. In exercising this option, the
Secretary may withhold--
``(i) up to 5 percent of funds during the fiscal year
that the Secretary notifies the State of its noncompliance;
``(ii) up to 10 percent of funds for the first full
fiscal year of noncompliance;
``(iii) up to 25 percent of funds for the second full
fiscal year of noncompliance; and
``(iv) not more than 50 percent of funds for the third
and any subsequent full fiscal year of noncompliance.
``(3) Judicial review.--A State adversely affected by a
determination under paragraph (2) may seek judicial review under
chapter 7 of title 5. Notwithstanding the disapproval of a State
plan under paragraph (2)(A) or the withholding of funds under
paragraph (2)(B), the State may retain jurisdiction in an
administrative or a judicial proceeding that commenced before the
notice of disapproval or withholding if the issues involved are not
related directly to the reasons for the disapproval or withholding.
``(l) High Priority Program.--
``(1) In general.--The Secretary shall administer a high
priority program funded under section 31104(a)(2) for the purposes
described in paragraphs (2) and (3).
``(2) Activities related to motor carrier safety.--The
Secretary may make discretionary grants to and enter into
cooperative agreements with States, local governments, federally
recognized Indian tribes, other political jurisdictions as
necessary, and any person to carry out high priority activities and
projects that augment motor carrier safety activities and projects
planned in accordance with subsections (b) and (c), including
activities and projects that--
``(A) increase public awareness and education on commercial
motor vehicle safety;
``(B) target unsafe driving of commercial motor vehicles
and noncommercial motor vehicles in areas identified as high
risk crash corridors;
``(C) improve the safe and secure movement of hazardous
materials;
``(D) improve safe transportation of goods and persons in
foreign commerce;
``(E) demonstrate new technologies to improve commercial
motor vehicle safety;
``(F) support participation in performance and registration
information systems management under section 31106(b)--
``(i) for entities not responsible for submitting the
plan under subsection (c); or
``(ii) for entities responsible for submitting the plan
under subsection (c)--
``(I) before October 1, 2020, to achieve compliance
with the requirements of participation; and
``(II) beginning on October 1, 2020, or once
compliance is achieved, whichever is sooner, for
special initiatives or projects that exceed routine
operations required for participation;
``(G) conduct safety data improvement projects--
``(i) that complete or exceed the requirements under
subsection (c)(2)(P) for entities not responsible for
submitting the plan under subsection (c); or
``(ii) that exceed the requirements under subsection
(c)(2)(P) for entities responsible for submitting the plan
under subsection (c); and
``(H) otherwise improve commercial motor vehicle safety and
compliance with commercial motor vehicle safety regulations.
``(3) Innovative technology deployment grant program.--
``(A) In general.--The Secretary shall establish an
innovative technology deployment grant program to make
discretionary grants to eligible States for the innovative
technology deployment of commercial motor vehicle information
systems and networks.
``(B) Purposes.--The purposes of the program shall be--
``(i) to advance the technological capability and
promote the deployment of intelligent transportation system
applications for commercial motor vehicle operations,
including commercial motor vehicle, commercial driver, and
carrier-specific information systems and networks; and
``(ii) to support and maintain commercial motor vehicle
information systems and networks--
``(I) to link Federal motor carrier safety
information systems with State commercial motor vehicle
systems;
``(II) to improve the safety and productivity of
commercial motor vehicles and drivers; and
``(III) to reduce costs associated with commercial
motor vehicle operations and Federal and State
commercial motor vehicle regulatory requirements.
``(C) Eligibility.--To be eligible for a grant under this
paragraph, a State shall--
``(i) have a commercial motor vehicle information
systems and networks program plan approved by the Secretary
that describes the various systems and networks at the
State level that need to be refined, revised, upgraded, or
built to accomplish deployment of commercial motor vehicle
information systems and networks capabilities;
``(ii) certify to the Secretary that its commercial
motor vehicle information systems and networks deployment
activities, including hardware procurement, software and
system development, and infrastructure modifications--
``(I) are consistent with the national intelligent
transportation systems and commercial motor vehicle
information systems and networks architectures and
available standards; and
``(II) promote interoperability and efficiency to
the extent practicable; and
``(iii) agree to execute interoperability tests
developed by the Federal Motor Carrier Safety
Administration to verify that its systems conform with the
national intelligent transportation systems architecture,
applicable standards, and protocols for commercial motor
vehicle information systems and networks.
``(D) Use of funds.--Grant funds received under this
paragraph may be used--
``(i) for deployment activities and activities to
develop new and innovative advanced technology solutions
that support commercial motor vehicle information systems
and networks;
``(ii) for planning activities, including the
development or updating of program or top level design
plans in order to become eligible or maintain eligibility
under subparagraph (C); and
``(iii) for the operation and maintenance costs
associated with innovative technology.
``(E) Secretary authorization.--The Secretary is authorized
to award a State funding for the operation and maintenance
costs associated with innovative technology deployment with
funds made available under sections 31104(a)(1) and
31104(a)(2).''.
(b) Commercial Motor Vehicle Operators Grant Program.--Section
31103 of title 49, United States Code, is amended to read as follows:
``Sec. 31103. Commercial motor vehicle operators grant program
``(a) In General.--The Secretary shall administer a commercial
motor vehicle operators grant program funded under section 31104.
``(b) Purpose.--The purpose of the grant program is to train
individuals in the safe operation of commercial motor vehicles (as
defined in section 31301).
``(c) Veterans.--In administering grants under this section, the
Secretary shall award priority to grant applications for programs to
train former members of the armed forces (as defined in section 101 of
title 10) in the safe operation of such vehicles.''.
(c) Authorization of Appropriations.--Section 31104 of title 49,
United States Code, as amended by this Act, is further amended on the
effective date set forth in subsection (f) to read as follows:
``Sec. 31104. Authorization of appropriations
``(a) Financial Assistance Programs.--The following sums are
authorized to be appropriated from the Highway Trust Fund (other than
the Mass Transit Account):
``(1) Motor carrier safety assistance program.--Subject to
paragraph (2) and subsection (c), to carry out section 31102
(except subsection (l))--
``(A) $292,600,000 for fiscal year 2017;
``(B) $298,900,000 for fiscal year 2018;
``(C) $304,300,000 for fiscal year 2019; and
``(D) $308,700,000 for fiscal year 2020.
``(2) High priority activities program.--Subject to subsection
(c), to carry out section 31102(l)--
``(A) $42,200,000 for fiscal year 2017;
``(B) $43,100,000 for fiscal year 2018;
``(C) $44,000,000 for fiscal year 2019; and
``(D) $44,900,000 for fiscal year 2020.
``(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; and
``(D) $1,000,000 for fiscal year 2020.
``(4) Commercial driver's license program implementation
program.--Subject to subsection (c), to carry out section 31313--
``(A) $31,200,000 for fiscal year 2017;
``(B) $31,800,000 for fiscal year 2018;
``(C) $32,500,000 for fiscal year 2019; and
``(D) $33,200,000 for fiscal year 2020.
``(b) Reimbursement and Payment to Recipients for Government Share
of Costs.--
``(1) In general.--Amounts made available under subsection (a)
shall be used to reimburse financial assistance recipients
proportionally for the Federal Government's share of the costs
incurred.
``(2) Reimbursement amounts.--The Secretary shall reimburse a
recipient, in accordance with a financial assistance agreement made
under section 31102, 31103, or 31313, an amount that is at least 85
percent of the costs incurred by the recipient in a fiscal year in
developing and implementing programs under such sections. The
Secretary shall pay the recipient an amount not more than the
Federal Government share of the total costs approved by the Federal
Government in the financial assistance agreement. The Secretary
shall include a recipient's in-kind contributions in determining
the reimbursement.
``(3) Vouchers.--Each recipient shall submit vouchers at least
quarterly for costs the recipient incurs in developing and
implementing programs under sections 31102, 31103, and 31313.
``(c) Deductions for Partner Training and Program Support.--On
October 1 of each fiscal year, or as soon after that date as
practicable, the Secretary may deduct from amounts made available under
paragraphs (1), (2), and (4) of subsection (a) for that fiscal year not
more than 1.50 percent of those amounts for partner training and
program support in that fiscal year. The Secretary shall use at least
75 percent of those deducted amounts to train non-Federal Government
employees and to develop related training materials in carrying out
such programs.
``(d) Grants and Cooperative Agreements as Contractual
Obligations.--The approval of a financial assistance agreement by the
Secretary under section 31102, 31103, or 31313 is a contractual
obligation of the Federal Government for payment of the Federal
Government's share of costs in carrying out the provisions of the grant
or cooperative agreement.
``(e) Eligible Activities.--The Secretary shall establish criteria
for eligible activities to be funded with financial assistance
agreements under this section and publish those criteria in a notice of
funding availability before the financial assistance program
application period.
``(f) Period of Availability of Financial Assistance Agreement
Funds for Recipient Expenditures.--The period of availability for a
recipient to expend funds under a grant or cooperative agreement
authorized under subsection (a) is as follows:
``(1) For grants made for carrying out section 31102, other
than section 31102(l), for the fiscal year in which the Secretary
approves the financial assistance agreement and for the next fiscal
year.
``(2) For grants made or cooperative agreements entered into
for carrying out section 31102(l)(2), for the fiscal year in which
the Secretary approves the financial assistance agreement and for
the next 2 fiscal years.
``(3) For grants made for carrying out section 31102(l)(3), for
the fiscal year in which the Secretary approves the financial
assistance agreement and for the next 4 fiscal years.
``(4) For grants made for carrying out section 31103, for the
fiscal year in which the Secretary approves the financial
assistance agreement and for the next fiscal year.
``(5) For grants made or cooperative agreements entered into
for carrying out section 31313, for the fiscal year in which the
Secretary approves the financial assistance agreement and for the
next 4 fiscal years.
``(g) Contract Authority; Initial Date of Availability.--Amounts
authorized from the Highway Trust Fund (other than the Mass Transit
Account) by this section shall be available for obligation on the date
of their apportionment or allocation or on October 1 of the fiscal year
for which they are authorized, whichever occurs first.
``(h) Availability of Funding.--Amounts made available under this
section shall remain available until expended.
``(i) Reallocation.--Amounts not expended by a recipient during the
period of availability shall be released back to the Secretary for
reallocation for any purpose under section 31102, 31103, or 31313 or
this section to ensure, to the maximum extent possible, that all such
amounts are obligated.''.
(d) Clerical Amendment.--The analysis for chapter 311 of title 49,
United States Code, is amended by striking the items relating to
sections 31102, 31103, and 31104 and inserting the following:
``31102. Motor carrier safety assistance program.
``31103. Commercial motor vehicle operators grant program.
``31104. Authorization of appropriations.''.
(e) Conforming Amendments.--
(1) Safety fitness of owners and operator; safety reviews of
new operators.--Section 31144(g) of title 49, United States Code,
is amended by striking paragraph (5).
(2) Information systems; performance and registration
information program.--Section 31106(b) of title 49, United States
Code, is amended by striking paragraph (4).
(3) Border enforcement grants.--Section 31107 of title 49,
United States Code, and the item relating to that section in the
analysis for chapter 311 of that title, are repealed.
(4) Performance and registration information system
management.--Section 31109 of title 49, United States Code, and the
item relating to that section in the analysis for chapter 311 of
that title, are repealed.
(5) Commercial vehicle information systems and networks
deployment.--Section 4126 of SAFETEA-LU (49 U.S.C. 31106 note), and
the item relating to that section in the table of contents
contained in section 1(b) of that Act, are repealed.
(6) Safety data improvement program.--Section 4128 of SAFETEA-
LU (49 U.S.C. 31100 note), and the item relating to that section in
the table of contents contained in section 1(b) of that Act, are
repealed.
(7) Grant program for commercial motor vehicle operators.--
Section 4134 of SAFETEA-LU (49 U.S.C. 31301 note), and the item
relating to that section in the table of contents contained in
section 1(b) of that Act, are repealed.
(8) Maintenance of effort as condition on grants to states.--
Section 103(c) of the Motor Carrier Safety Improvement Act of 1999
(49 U.S.C. 31102 note) is repealed.
(9) State compliance with cdl requirements.--Section 103(e) of
the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31102
note) is repealed.
(10) Border staffing standards.--Section 218(d) of the Motor
Carrier Safety Improvement Act of 1999 (49 U.S.C. 31133 note) is
amended--
(A) in paragraph (1) by striking ``section 31104(f)(2)(B)
of title 49, United States Code'' and inserting ``section
31104(a)(1) of title 49, United States Code''; and
(B) by striking paragraph (3).
(11) Winter home heating oil delivery state flexibility
program.--Section 346 of the National Highway System Designation
Act of 1995 (49 U.S.C. 31166 note), and the item relating to that
section in the table of contents in section 1(b) of that Act, are
repealed.
(f) Effective Date.--The amendments made by this section shall take
effect on October 1, 2016.
(g) Transition.--Notwithstanding the amendments made by this
section, the Secretary shall carry out sections 31102, 31103, and 31104
of title 49, United States Code, and any sections repealed under
subsection (e), as necessary, as those sections were in effect on the
day before October 1, 2016, with respect to applications for grants,
cooperative agreements, or contracts under those sections submitted
before October 1, 2016.
SEC. 5102. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS MANAGEMENT.
Section 31106(b) of title 49, United States Code, is amended in the
subsection heading by striking ``Program'' and inserting ``Systems
Management''.
SEC. 5103. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subchapter I of chapter 311 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 31110. Authorization of appropriations
``(a) Administrative Expenses.--There is authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) for the Secretary of Transportation to pay administrative
expenses of the Federal Motor Carrier Safety Administration--
``(1) $267,400,000 for fiscal year 2016;
``(2) $277,200,000 for fiscal year 2017;
``(3) $283,000,000 for fiscal year 2018;
``(4) $284,000,000 for fiscal year 2019; and
``(5) $288,000,000 for fiscal year 2020.
``(b) Use of Funds.--The funds authorized by this section shall be
used for--
``(1) personnel costs;
``(2) administrative infrastructure;
``(3) rent;
``(4) information technology;
``(5) programs for research and technology, information
management, regulatory development, and the administration of
performance and registration information systems management under
section 31106(b);
``(6) programs for outreach and education under subsection (c);
``(7) other operating expenses;
``(8) conducting safety reviews of new operators; and
``(9) such other expenses as may from time to time become
necessary to implement statutory mandates of the Federal Motor
Carrier Safety Administration not funded from other sources.
``(c) Outreach and Education Program.--
``(1) In general.--The Secretary may conduct, through any
combination of grants, contracts, cooperative agreements, and other
activities, an internal and external outreach and education program
to be administered by the Administrator of the Federal Motor
Carrier Safety Administration.
``(2) Federal share.--The Federal share of an outreach and
education project for which a grant, contract, or cooperative
agreement is made under this subsection may be up to 100 percent of
the cost of the project.
``(3) Funding.--From amounts made available under subsection
(a), the Secretary shall make available not more than $4,000,000
each fiscal year to carry out this subsection.
``(d) Contract Authority; Initial Date of Availability.--Amounts
authorized from the Highway Trust Fund (other than the Mass Transit
Account) by this section shall be available for obligation on the date
of their apportionment or allocation or on October 1 of the fiscal year
for which they are authorized, whichever occurs first.
``(e) Funding Availability.--Amounts made available under this
section shall remain available until expended.
``(f) Contractual Obligation.--The approval of funds by the
Secretary under this section is a contractual obligation of the Federal
Government for payment of the Federal Government's share of costs.''.
(b) Clerical Amendment.--The analysis for chapter 311 of title 49,
United States Code, is amended by adding at the end of the items
relating to subchapter I the following:
``31110. Authorization of appropriations.''.
(c) Conforming Amendments.--
(1) Administrative expenses; authorization of appropriations.--
Section 31104 of title 49, United States Code, is amended--
(A) by striking subsection (i); and
(B) by redesignating subsections (j) and (k) as subsections
(i) and (j), respectively.
(2) Use of amounts made available under subsection (i).--
Section 4116(d) of SAFETEA-LU (49 U.S.C. 31104 note) is amended by
striking ``section 31104(i)'' and inserting ``section 31110''.
(3) International cooperation.--Section 31161 of title 49,
United States Code, is amended by striking ``section 31104(i)'' and
inserting ``section 31110''.
(4) SAFETEA-LU; outreach and education.--Section 4127 of
SAFETEA-LU (119 Stat. 1741; Public Law 109-59), and the item
relating to that section in the table of contents contained in
section 1(b) of that Act, are repealed.
SEC. 5104. COMMERCIAL DRIVER'S LICENSE PROGRAM IMPLEMENTATION.
(a) In General.--Section 31313 of title 49, United States Code, is
amended to read as follows:
``Sec. 31313. Commercial driver's license program implementation
financial assistance program
``(a) Financial Assistance Program.--
``(1) 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 (2) and (3).
``(2) State commercial driver's license program implementation
grants.--In carrying out the program, the Secretary may make a
grant to a State agency in a fiscal year--
``(A) to assist the State in complying with the
requirements of section 31311; and
``(B) in the case of a State that is making a good faith
effort toward substantial compliance with the requirements of
section 31311, to improve the State's implementation of its
commercial driver's license program, including expenses--
``(i) for computer hardware and software;
``(ii) for publications, testing, personnel, training,
and quality control;
``(iii) for commercial driver's license program
coordinators; and
``(iv) to implement or maintain a system to notify an
employer of an operator of a commercial motor vehicle of
the suspension or revocation of the operator's commercial
driver's license consistent with the standards developed
under section 32303(b) of the Commercial Motor Vehicle
Safety Enhancement Act of 2012 (49 U.S.C. 31304 note).
``(3) Priority activities.--The Secretary may make a grant to
or enter into a cooperative agreement with a State agency, local
government, or any person in a fiscal year for research,
development and testing, demonstration projects, public education,
and other special activities and projects relating to commercial
drivers licensing and motor vehicle safety that--
``(A) benefit all jurisdictions of the United States;
``(B) address national safety concerns and circumstances;
``(C) address emerging issues relating to commercial
driver's license improvements;
``(D) support innovative ideas and solutions to commercial
driver's license program issues; or
``(E) address other commercial driver's license issues, as
determined by the Secretary.
``(b) Prohibitions.--A recipient may not use financial assistance
funds awarded under this section to rent, lease, or buy land or
buildings.
``(c) Report.--The Secretary shall issue an annual report on the
activities carried out under this section.
``(d) Apportionment.--All amounts made available to carry out this
section for a fiscal year shall be apportioned to a recipient described
in subsection (a)(3) according to criteria prescribed by the Secretary.
``(e) Funding.--For fiscal years beginning after September 30,
2016, this section shall be funded under section 31104.''.
(b) Clerical Amendment.--The analysis for chapter 313 of title 49,
United States Code, is amended by striking the item relating to section
31313 and inserting the following:
``31313. Commercial driver's license program implementation financial
assistance program.''.
SEC. 5105. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY PROGRAMS FOR
FISCAL YEAR 2016.
(a) Motor Carrier Safety Assistance Program Grant Extension.--
Section 31104(a) of title 49, United States Code, is amended by
striking paragraphs (10) and (11) and inserting the following:
``(10) $218,000,000 for fiscal year 2015; and
``(11) $218,000,000 for fiscal year 2016.''.
(b) Extension of Grant Programs.--Section 4101(c) of SAFETEA-LU
(119 Stat. 1715; Public Law 109-59) is amended to read as follows:
``(c) Authorization of Appropriations.--The following sums are
authorized to be appropriated from the Highway Trust Fund (other than
the Mass Transit Account):
``(1) Commercial driver's license program improvement grants.--
For carrying out the commercial driver's license program
improvement grants program under section 31313 of title 49, United
States Code, $30,000,000 for fiscal year 2016.
``(2) Border enforcement grants.--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 program.--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 $25,000,000 for fiscal year 2016.
``(5) Safety data improvement grants.--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) of title 49,
United States Code, as redesignated by this subtitle, is amended by
striking ``2015'' the first place it appears and all that follows
through ``for States,'' and inserting ``2016 for States,''.
(d) New Entrant Audits.--Section 31144(g)(5)(B) of title 49, United
States Code, is amended to read as follows:
``(B) Set aside.--The Secretary shall set aside from
amounts made available under section 31104(a) up to $32,000,000
for fiscal year 2016 for audits of new entrant motor carriers
conducted under this paragraph.''.
(e) Grant Program for Commercial Motor Vehicle Operators.--Section
4134(c) of SAFETEA-LU (49 U.S.C. 31301 note) is amended to read as
follows:
``(c) Funding.--From amounts made available under section 31110 of
title 49, United States Code, the Secretary shall make available,
$1,000,000 for fiscal year 2016 to carry out this section.''.
(f) Commercial Vehicle Information Systems and Networks
Deployment.--
(1) In general.--Section 4126 of SAFETEA-LU (49 U.S.C. 31106
note; 119 Stat. 1738; Public Law 109-59) is amended--
(A) in subsection (c)--
(i) in paragraph (2) by adding at the end the
following: ``Funds deobligated by the Secretary from
previous year grants shall not be counted toward the
$2,500,000 maximum aggregate amount for core deployment.'';
and
(ii) in paragraph (3) by adding at the end the
following: ``Funds may also be used for planning
activities, including the development or updating of
program or top level design plans.''; and
(B) in subsection (d)(4) by adding at the end the
following: ``Funds may also be used for planning activities,
including the development or updating of program or top level
design plans.''.
(2) Innovative technology deployment program.--For fiscal year
2016, the commercial vehicle information systems and networks
deployment program under section 4126 of SAFETEA-LU (119 Stat.
1738; Public Law 109-59) may also be referred to as the innovative
technology deployment program.
SEC. 5106. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM ALLOCATION.
(a) Working Group.--
(1) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a motor
carrier safety assistance program formula working group (in this
section referred to as the ``working group'').
(2) Membership.--
(A) In general.--Subject to subparagraph (B), the working
group shall consist of representatives of the following:
(i) The Federal Motor Carrier Safety Administration.
(ii) The lead State commercial motor vehicle safety
agencies responsible for administering the plan required by
section 31102 of title 49, United States Code.
(iii) An organization representing State agencies
responsible for enforcing a program for inspection of
commercial motor vehicles.
(iv) Such other persons as the Secretary considers
necessary.
(B) Composition.--Representatives of State commercial motor
vehicle safety agencies shall comprise at least 51 percent of
the membership.
(3) New allocation formula.--The working group shall analyze
requirements and factors for the establishment of a new allocation
formula for the motor carrier safety assistance program under
section 31102 of title 49, United States Code.
(4) Recommendation.--Not later than 1 year after the date the
working group is established under paragraph (1), the working group
shall make a recommendation to the Secretary regarding a new
allocation formula for the motor carrier safety assistance program.
(5) Exemption.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the working group established under this
subsection.
(6) Publication.--The Administrator of the Federal Motor
Carrier Safety Administration shall publish on a publicly
accessible Internet Web site of the Federal Motor Carrier Safety
Administration--
(A) detailed summaries of the meetings of the working
group; and
(B) the final recommendation of the working group provided
to the Secretary.
(b) Notice of Proposed Rulemaking.--After receiving the
recommendation of the working group under subsection (a)(4), the
Secretary shall publish in the Federal Register a notice seeking public
comment on the establishment of a new allocation formula for the motor
carrier safety assistance program.
(c) Basis for Formula.--The Secretary shall ensure that the new
allocation formula for the motor carrier safety assistance program is
based on factors that reflect, at a minimum--
(1) the relative needs of the States to comply with section
31102 of title 49, United States Code;
(2) the relative administrative capacities of and challenges
faced by States in complying with that section;
(3) the average of each State's new entrant motor carrier
inventory for the 3-year period prior to the date of enactment of
this Act;
(4) the number of international border inspection facilities
and border crossings by commercial vehicles in each State; and
(5) any other factors the Secretary considers appropriate.
(d) Funding Amounts Prior to Development of New Allocation
Formula.--
(1) Interim formula.--Prior to the development of the new
allocation formula for the motor carrier safety assistance program,
the Secretary may calculate the interim funding amounts for that
program in fiscal year 2017 (and later fiscal years, as necessary)
under section 31104(a)(1) of title 49, United States Code, as
amended by this subtitle, by using the following methodology:
(A) The Secretary shall calculate the funding amount to a
State using the allocation formula the Secretary used to award
motor carrier safety assistance program funding in fiscal year
2016 under section 31102 of title 49, United States Code.
(B) The Secretary shall average the funding awarded or
other equitable amounts to a State in fiscal years 2013, 2014,
and 2015 for--
(i) border enforcement grants under section 31107 of
title 49, United States Code; and
(ii) new entrant audit grants under section 31144(g)(5)
of that title.
(C) The Secretary shall add the amounts calculated in
subparagraphs (A) and (B).
(2) Adjustments.--Subject to the availability of funding and
notwithstanding fluctuations in the data elements used by the
Secretary, the initial amounts resulting from the calculation
described in paragraph (1) shall be adjusted to ensure that, for
each State, the amount shall not be less than 97 percent of the
average amount of funding received or other equitable amounts in
fiscal years 2013, 2014, and 2015 for--
(A) motor carrier safety assistance program funds awarded
to the State under section 31102 of title 49, United States
Code;
(B) border enforcement grants awarded to the State under
section 31107 of title 49, United States Code; and
(C) new entrant audit grants awarded to the State under
section 31144(g)(5) of title 49, United States Code.
(3) Immediate relief.--On the date of enactment of this Act,
and for the 3 fiscal years following the implementation of the new
allocation formula, the Secretary shall terminate the withholding
of motor carrier safety assistance program funds from a State if
the State was subject to the withholding of such funds for matters
of noncompliance immediately prior to the date of enactment of this
Act.
(4) Future withholdings.--Beginning on the date that the new
allocation formula for the motor carrier safety assistance program
is implemented, the Secretary shall impose all future withholdings
in accordance with section 31102(k) of title 49, United States
Code, as amended by this subtitle.
(e) Termination of Working Group.--The working group established
under subsection (a) shall terminate on the date of the implementation
of the new allocation formula for the motor carrier safety assistance
program.
SEC. 5107. MAINTENANCE OF EFFORT CALCULATION.
(a) Before New Allocation Formula.--
(1) Fiscal year 2017.--If a new allocation formula for the
motor carrier safety assistance program has not been established
under this subtitle for fiscal year 2017, the Secretary shall
calculate for fiscal year 2017 the maintenance of effort baseline
required under section 31102(f) of title 49, United States Code, as
amended by this subtitle, by averaging the expenditures for fiscal
years 2004 and 2005 required by section 31102(b)(4) of title 49,
United States Code, as that section was in effect on the day before
the date of enactment of this Act.
(2) Subsequent fiscal years.--The Secretary may use the
methodology for calculating the maintenance of effort baseline
specified in paragraph (1) for fiscal year 2018 and subsequent
fiscal years if a new allocation formula for the motor carrier
safety assistance program has not been established for that fiscal
year.
(b) Beginning With New Allocation Formation.--
(1) In general.--Subject to paragraphs (2) and (3)(B),
beginning on the date that a new allocation formula for the motor
carrier safety assistance program is established under this
subtitle, upon the request of a State, the Secretary may waive or
modify the baseline maintenance of effort required of the State by
section 31102(f) of title 49, United States Code, as amended by
this subtitle, for the purpose of establishing a new baseline
maintenance of effort if the Secretary determines that a waiver or
modification--
(A) is equitable due to reasonable circumstances;
(B) will ensure the continuation of commercial motor
vehicle enforcement activities in the State; and
(C) is necessary to ensure that the total amount of State
maintenance of effort and matching expenditures required under
sections 31102 and 31104 of title 49, United States Code, as
amended by this subtitle, does not exceed a sum greater than
the average of the total amount of State maintenance of effort
and matching expenditures required under those sections for the
3 fiscal years prior to the date of enactment of this Act.
(2) Adjustment methodology.--If requested by a State, the
Secretary may modify the maintenance of effort baseline referred to
in paragraph (1) for the State according to the following
methodology:
(A) The Secretary shall establish the maintenance of effort
baseline for the State using the average baseline of fiscal
years 2004 and 2005, as required by section 31102(b)(4) of
title 49, United States Code, as that section was in effect on
the day before the date of enactment of this Act.
(B) The Secretary shall calculate the average required
match by a lead State commercial motor vehicle safety agency
for fiscal years 2013, 2014, and 2015 for motor carrier safety
assistance grants established at 20 percent by section 31103 of
title 49, United States Code, as that section was in effect on
the day before the date of enactment of this Act.
(C) The Secretary shall calculate the estimated match
required under section 31104(b) of title 49, United States
Code, as amended by this subtitle.
(D) The Secretary shall subtract the amount in subparagraph
(B) from the amount in subparagraph (C) and--
(i) if the number is greater than 0, the Secretary
shall subtract the number from the amount in subparagraph
(A); or
(ii) if the number is not greater than 0, the Secretary
shall calculate the maintenance of effort using the
methodology in subparagraph (A).
(3) Maintenance of effort amount.--
(A) In general.--The Secretary shall use the amount
calculated under paragraph (2) as the baseline maintenance of
effort required under section 31102(f) of title 49, United
States Code, as amended by this subtitle.
(B) Deadline.--If a State does not request a waiver or
modification under this subsection before September 30 during
the first fiscal year that the Secretary implements a new
allocation formula for the motor carrier safety assistance
program under this subtitle, the Secretary shall calculate the
maintenance of effort using the methodology described in
paragraph (2)(A).
(4) Maintenance of effort described.--The maintenance of effort
calculated under this section is the amount required under section
31102(f) of title 49, United States Code, as amended by this
subtitle.
(c) Termination of Effectiveness.--The authority of the Secretary
under this section shall terminate effective on the date that a new
maintenance of effort baseline is calculated based on a new allocation
formula for the motor carrier safety assistance program implemented
under section 31102 of title 49, United States Code.
Subtitle B--Federal Motor Carrier Safety Administration Reform
PART I--REGULATORY REFORM
SEC. 5201. NOTICE OF CANCELLATION OF INSURANCE.
Section 13906(e) of title 49, United States Code, is amended by
inserting ``or suspend'' after ``revoke''.
SEC. 5202. REGULATIONS.
Section 31136 of title 49, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g) and
transferring such subsection to appear at the end of section 31315
of such title; and
(2) by adding at the end the following:
``(f) Regulatory Impact Analysis.--
``(1) In general.--Within each regulatory impact analysis of a
proposed or final major rule issued by the Federal Motor Carrier
Safety Administration, the Secretary shall, whenever practicable--
``(A) consider the effects of the proposed or final rule on
different segments of the motor carrier industry; and
``(B) formulate estimates and findings based on the best
available science.
``(2) Scope.--To the extent feasible and appropriate, and
consistent with law, an analysis described in paragraph (1) shall--
``(A) use data that is representative of commercial motor
vehicle operators or motor carriers, or both, that will be
impacted by the proposed or final rule; and
``(B) consider the effects on commercial truck and bus
carriers of various sizes and types.
``(g) Public Participation.--
``(1) In general.--If a proposed rule under this part is likely
to lead to the promulgation of a major rule, the Secretary, before
publishing such proposed rule, shall--
``(A) issue an advance notice of proposed rulemaking; or
``(B) proceed with a negotiated rulemaking.
``(2) Requirements.--Each advance notice of proposed rulemaking
issued under paragraph (1) shall--
``(A) identify the need for a potential regulatory action;
``(B) identify and request public comment on the best
available science or technical information relevant to
analyzing potential regulatory alternatives;
``(C) request public comment on the available data and
costs with respect to regulatory alternatives reasonably likely
to be considered as part of the rulemaking; and
``(D) request public comment on available alternatives to
regulation.
``(3) Waiver.--This subsection does not apply to a proposed
rule if the Secretary, for good cause, finds (and incorporates the
finding and a brief statement of reasons for such finding in the
proposed or final rule) that an advance notice of proposed
rulemaking is impracticable, unnecessary, or contrary to the public
interest.
``(h) Rule of Construction.--Nothing in subsection (f) or (g) may
be construed to limit the contents of an advance notice of proposed
rulemaking.''.
SEC. 5203. GUIDANCE.
(a) In General.--
(1) Date of issuance and point of contact.--Each guidance
document issued by the Federal Motor Carrier Safety Administration
shall have a date of issuance or a date of revision, as applicable,
and shall include the name and contact information of a point of
contact at the Administration who can respond to questions
regarding the guidance.
(2) Public accessibility.--
(A) In general.--Each guidance document issued or revised
by the Federal Motor Carrier Safety Administration shall be
published on a publicly accessible Internet Web site of the
Department on the date of issuance or revision.
(B) Redaction.--The Administrator of the Federal Motor
Carrier Safety Administration may redact from a guidance
document published under subparagraph (A) any information that
would reveal investigative techniques that would compromise
Administration enforcement efforts.
(3) Incorporation into regulations.--Not later than 5 years
after the date on which a guidance document is published under
paragraph (2) or during an applicable review under subsection (c),
whichever is earlier, the Secretary shall revise regulations to
incorporate the guidance document to the extent practicable.
(4) Reissuance.--If a guidance document is not incorporated
into regulations in accordance with paragraph (3), the
Administrator shall--
(A) reissue an updated version of the guidance document;
and
(B) review and reissue an updated version of the guidance
document every 5 years until the date on which the guidance
document is removed or incorporated into applicable
regulations.
(b) Initial Review.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall review all guidance
documents issued by the Federal Motor Carrier Safety Administration and
in effect on such date of enactment to ensure that such documents are
current, are readily accessible to the public, and meet the standards
specified in subparagraphs (A), (B), and (C) of subsection (c)(1).
(c) Regular Review.--
(1) In general.--Subject to paragraph (2), not less than once
every 5 years, the Administrator shall conduct a comprehensive
review of the guidance documents issued by the Federal Motor
Carrier Safety Administration to determine whether such documents
are--
(A) consistent and clear;
(B) uniformly and consistently enforced; and
(C) still necessary.
(2) Notice and comment.--Prior to beginning a review under
paragraph (1), the Administrator shall publish in the Federal
Register a notice and request for comment that solicits input from
stakeholders on which guidance documents should be updated or
eliminated.
(3) Report.--
(A) In general.--Not later than 60 days after the date on
which a review under paragraph (1) is completed, the
Administrator shall publish on a publicly accessible Internet
Web site of the Department a report detailing the review and a
full inventory of the guidance documents of the Administration.
(B) Contents.--A report under subparagraph (A) shall
include a summary of the response of the Administration to
comments received under paragraph (2).
(d) Guidance Document Defined.--In this section, the term
``guidance document'' means a document issued by the Federal Motor
Carrier Safety Administration that--
(1) provides an interpretation of a regulation of the
Administration; or
(2) includes an enforcement policy of the Administration
available to the public.
SEC. 5204. PETITIONS.
(a) In General.--The Administrator of the Federal Motor Carrier
Safety Administration shall--
(1) publish on a publicly accessible Internet Web site of the
Department a summary of all petitions for regulatory action
submitted to the Administration;
(2) prioritize the petitions submitted based on the likelihood
of safety improvements resulting from the regulatory action
requested;
(3) not later than 180 days after the date a summary of a
petition is published under paragraph (1), formally respond to such
petition by indicating whether the Administrator will accept, deny,
or further review the petition;
(4) prioritize responses to petitions consistent with a
petition's potential to reduce crashes, improve enforcement, and
reduce unnecessary burdens; and
(5) not later than 60 days after the date of receipt of a
petition, publish on a publicly accessible Internet Web site of the
Department an updated inventory of the petitions described in
paragraph (1), including any applicable disposition information for
those petitions.
(b) Treatment of Multiple Petitions.--The Administrator may treat
multiple similar petitions as a single petition for the purposes of
subsection (a).
(c) Petition Defined.--In this section, the term ``petition'' means
a request for--
(1) a new regulation;
(2) a regulatory interpretation or clarification; or
(3) a determination by the Administrator that a regulation
should be modified or eliminated because it is--
(A) no longer--
(i) consistent and clear;
(ii) current with the operational realities of the
motor carrier industry; or
(iii) uniformly enforced;
(B) ineffective; or
(C) overly burdensome.
SEC. 5205. 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. 5206. APPLICATIONS.
(a) Review Process.--Section 31315(b) of title 49, United States
Code, is amended--
(1) in paragraph (1)--
(A) in the first sentence by striking ``paragraph (3)'' and
inserting ``this subsection''; and
(B) by striking the second sentence;
(2) by redesignating paragraphs (2) through (7) as paragraphs
(4) through (9), respectively; and
(3) by inserting after paragraph (1) the following:
``(2) Length of exemption and renewal.--An exemption may be
granted under paragraph (1) for no longer than 5 years and may be
renewed, upon request, for subsequent 5-year periods if the
Secretary continues to make the finding under paragraph (1).
``(3) Opportunity for resubmission.--If the Secretary denies an
application under paragraph (1) and the applicant can reasonably
address the reason for the denial, the Secretary may allow the
applicant to resubmit the application.''.
(b) Administrative Exemptions.--
(1) In general.--The Secretary shall make permanent the
following limited exemptions:
(A) Perishable construction products, as published in the
Federal Register on April 2, 2015 (80 Fed. Reg. 17819).
(B) Transport of commercial bee hives, as published in the
Federal Register on June 19, 2015 (80 Fed. Reg. 35425).
(C) Safe transport of livestock, as published in the
Federal Register on June 12, 2015 (80 Fed. Reg. 33584).
(2) Additional administrative exemptions.--Any exemption from
any provision of the regulations under part 395 of title 49, Code
of Federal Regulations, that is in effect on the date of enactment
of this Act--
(A) except as otherwise provided in section 31315(b) of
title 49, shall be valid for a period of 5 years from the date
such exemption was granted; and
(B) may be subject to renewal under section 31315(b)(2) of
title 49, United States Code.
PART II--COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM
SEC. 5221. CORRELATION STUDY.
(a) In General.--The Administrator of the Federal Motor Carrier
Safety Administration (referred to in this part as the
``Administrator'') shall commission the National Research Council of
the National Academies to conduct a study of--
(1) the Compliance, Safety, Accountability program of the
Federal Motor Carrier Safety Administration (referred to in this
part as the ``CSA program''); and
(2) the Safety Measurement System utilized by the CSA program
(referred to in this part as the ``SMS'').
(b) Scope of Study.--In carrying out the study commissioned
pursuant to subsection (a), the National Research Council--
(1) shall analyze--
(A) the accuracy with which the Behavior Analysis and
Safety Improvement Categories (referred to in this part as
``BASIC'')--
(i) identify high risk carriers; and
(ii) predict or are correlated with future crash risk,
crash severity, or other safety indicators for motor
carriers, including 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, with respect to
accurately identifying and predicting future crash risk for
motor carriers;
(C) the relative value of inspection information and
roadside enforcement data;
(D) any data collection gaps or data sufficiency problems
that may exist and the impact of those gaps and problems on the
efficacy of the CSA program;
(E) the accuracy of safety data, including the use of crash
data from crashes in which a motor carrier was free from fault;
(F) whether BASIC percentiles for motor carriers of
passengers should be calculated separately from motor carriers
of freight;
(G) the differences in the rates at which safety violations
are reported to the Federal Motor Carrier Safety Administration
for inclusion in the SMS by various enforcement authorities,
including States, territories, and Federal inspectors; and
(H) how members of the public use the SMS and what effect
making the SMS information public has had on reducing crashes
and eliminating unsafe motor carriers from the industry; and
(2) shall consider--
(A) whether the SMS provides comparable precision and
confidence, through SMS alerts and percentiles, for the
relative crash risk of individual large and small motor
carriers;
(B) whether alternatives to the SMS would identify high
risk carriers more accurately; and
(C) the recommendations and findings of the Comptroller
General of the United States and the Inspector General of the
Department, and independent review team reports, issued before
the date of enactment of this Act.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Administrator shall--
(1) submit a report containing the results of the study
commissioned pursuant to subsection (a) to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(C) the Inspector General of the Department; and
(2) publish the report on a publicly accessible Internet Web
site of the Department.
(d) Corrective Action Plan.--
(1) In general.--Not later than 120 days after the
Administrator submits the report under subsection (c), if that
report identifies a deficiency or opportunity for improvement in
the CSA program or in any element of the SMS, the Administrator
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a corrective
action plan that--
(A) responds to the deficiencies or opportunities
identified by the report;
(B) identifies how the Federal Motor Carrier Safety
Administration will address such deficiencies or opportunities;
and
(C) provides an estimate of the cost, including with
respect to changes in staffing, enforcement, and data
collection, necessary to address such deficiencies or
opportunities.
(2) Program reforms.--The corrective action plan submitted
under paragraph (1) shall include an implementation plan that--
(A) includes benchmarks;
(B) includes programmatic reforms, revisions to
regulations, or proposals for legislation; and
(C) shall be considered in any rulemaking by the Department
that relates to the CSA program, including the SMS or data
analysis under the SMS.
(e) Inspector General Review.--Not later than 120 days after the
Administrator submits a corrective action plan under subsection (d),
the Inspector General of the Department shall--
(1) review the extent to which such plan addresses--
(A) recommendations contained in the report submitted under
subsection (c); and
(B) relevant recommendations issued by the Comptroller
General or the Inspector General before the date of enactment
of this Act; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on the
responsiveness of the corrective action plan to the recommendations
described in paragraph (1).
SEC. 5222. BEYOND COMPLIANCE.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall allow recognition,
including credit or an improved SMS percentile, for a motor carrier
that--
(1) installs advanced safety equipment;
(2) uses enhanced driver fitness measures;
(3) adopts fleet safety management tools, technologies, and
programs; or
(4) satisfies other standards determined appropriate by the
Administrator.
(b) Implementation.--The Administrator shall carry out subsection
(a) by--
(1) incorporating a methodology into the CSA program; or
(2) establishing a safety BASIC in the SMS.
(c) Process.--
(1) In general.--The Administrator, after providing notice and
an opportunity for comment, shall develop a process for identifying
and reviewing advanced safety equipment, enhanced driver fitness
measures, fleet safety management tools, technologies, and
programs, and other standards for use by motor carriers to receive
recognition, including credit or an improved SMS percentile, for
purposes of subsection (a).
(2) Contents.--A process developed under paragraph (1) shall--
(A) provide for a petition process for reviewing advanced
safety equipment, enhanced driver fitness measures, fleet
safety management tools, technologies, and programs, and other
standards; and
(B) seek input and participation from industry
stakeholders, including commercial motor vehicle drivers,
technology manufacturers, vehicle manufacturers, motor
carriers, law enforcement, safety advocates, and the Motor
Carrier Safety Advisory Committee.
(d) Qualification.--The Administrator, after providing notice and
an opportunity for comment, shall develop technical or other
performance standards with respect to advanced safety equipment,
enhanced driver fitness measures, fleet safety management tools,
technologies, and programs, and other standards for purposes of
subsection (a).
(e) Monitoring.--The Administrator may authorize qualified entities
to monitor motor carriers that receive recognition, including credit or
an improved SMS percentile, under this section through a no-cost
contract structure.
(f) Dissemination of Information.--The Administrator shall maintain
on a publicly accessible Internet Web site of the Department
information on--
(1) the advanced safety equipment, enhanced driver fitness
measures, fleet safety management tools, technologies, and
programs, and other standards eligible for recognition, including
credit or an improved SMS percentile;
(2) any petitions for review of advanced safety equipment,
enhanced driver fitness measures, fleet safety management tools,
technologies, and programs, and other standards; and
(3) any relevant statistics relating to the use of advanced
safety equipment, enhanced driver fitness measures, fleet safety
management tools, technologies, and programs, and other standards.
(g) Report.--Not later than 3 years after the date of enactment of
this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the--
(1) number of motor carriers receiving recognition, including
credit or an improved SMS percentile, under this section; and
(2) safety performance of such carriers.
SEC. 5223. DATA CERTIFICATION.
(a) In General.--On and after the date that is 1 day after the date
of enactment of this Act, no information regarding analysis of
violations, crashes in which a determination is made that the motor
carrier or the commercial motor vehicle driver is not at fault, alerts,
or the relative percentile for each BASIC developed under the CSA
program may be made available to the general public until the Inspector
General of the Department certifies that--
(1) the report required under section 5221(c) has been
submitted in accordance with that section;
(2) any deficiencies identified in the report required under
section 5221(c) have been addressed;
(3) if applicable, the corrective action plan under section
5221(d) has been implemented;
(4) the Administrator of the Federal Motor Carrier Safety
Administration has fully implemented or satisfactorily addressed
the issues raised in the report titled ``Modifying the Compliance,
Safety, Accountability Program Would Improve the Ability to
Identify High Risk Carriers'' of the Government Accountability
Office and dated February 2014 (GAO-14-114); and
(5) the Secretary has initiated modification of the CSA program
in accordance with section 5222.
(b) Limitation on the Use of CSA Analysis.--Information regarding
alerts and the relative percentile for each BASIC developed under the
CSA program may not be used for safety fitness determinations until the
Inspector General of the Department makes the certification under
subsection (a).
(c) Continued Public Availability of Data.--Notwithstanding any
other provision of this section, inspection and violation information
submitted to the Federal Motor Carrier Safety Administration by
commercial motor vehicle inspectors and qualified law enforcement
officials, out-of-service rates, and absolute measures shall remain
available to the public.
(d) Exceptions.--
(1) In general.--Notwithstanding any other provision of this
section--
(A) the Federal Motor Carrier Safety Administration and
State and local commercial motor vehicle enforcement agencies
may use the information referred to in subsection (a) for
purposes of investigation and enforcement prioritization;
(B) a motor carrier and a commercial motor vehicle driver
may access information referred to in subsection (a) that
relates directly to the motor carrier or driver, respectively;
and
(C) a 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 in paragraph (1)(C) shall
include the following: ``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) Rule of construction.--Nothing in this section may be
construed to restrict the official use by State enforcement
agencies of the data collected by State enforcement personnel.
SEC. 5224. DATA IMPROVEMENT.
(a) Functional Specifications.--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 functional 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 developed pursuant to 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. 5225. ACCIDENT REVIEW.
(a) In General.--Not later than 1 year after a certification under
section 5223, the Secretary shall task the Motor Carrier Safety
Advisory Committee with reviewing the treatment of preventable crashes
under the SMS.
(b) Duties.--Not later than 6 months after being tasked under
subsection (a), the Motor Carrier Safety Advisory Committee shall make
recommendations to the Secretary on a process to allow motor carriers
and drivers to request that the Administrator make a determination with
respect to the preventability of a crash, if such a process has not yet
been established by the Secretary.
(c) Report.--The Secretary shall--
(1) review and consider the recommendations provided by the
Motor Carrier Safety Advisory Committee; and
(2) report to Congress on how the Secretary intends to address
the treatment of preventable crashes.
(d) Preventable Defined.--In this section, the term ``preventable''
has the meaning given that term in Appendix B of part 385 of title 49,
Code of Federal Regulations, as in effect on the date of enactment of
this Act.
Subtitle C--Commercial Motor Vehicle Safety
SEC. 5301. 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) Vehicle Safety Technology Defined.--In this section, the term
``vehicle safety technology'' includes a fleet-related incident
management system, performance or behavior management system, speed
management system, lane departure warning system, forward collision
warning or mitigation system, and 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 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. 5302. PRIORITIZING STATUTORY RULEMAKINGS.
The Administrator of the Federal Motor Carrier Safety
Administration shall prioritize the completion of each outstanding
rulemaking required by statute before beginning any other rulemaking,
unless the Secretary determines that there is a significant need for
such other rulemaking and notifies Congress of such determination.
SEC. 5303. SAFETY REPORTING SYSTEM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the cost and feasibility of establishing a
self-reporting system for commercial motor vehicle drivers or motor
carriers with respect to en route equipment failures.
(b) Contents.--The report required under subsection (a) shall
include--
(1) an analysis of--
(A) alternatives for the reporting of equipment failures in
real time, including an Internet Web site or telephone hotline;
(B) the ability of a commercial motor vehicle driver or a
motor carrier to provide to the Federal Motor Carrier Safety
Administration proof of repair of a self-reported equipment
failure;
(C) the ability of the Federal Motor Carrier Safety
Administration to ensure that self-reported equipment failures
proven to be repaired are not used in the calculation of
Behavior Analysis and Safety Improvement Category scores;
(D) the ability of roadside inspectors to access self-
reported equipment failures;
(E) the cost to establish and administer a self-reporting
system;
(F) the ability for a self-reporting system to track
individual commercial motor vehicles through unique
identifiers; and
(G) whether a self-reporting system would yield
demonstrable safety benefits;
(2) an identification of any regulatory or statutory
impediments to the implementation of a self-reporting system; and
(3) recommendations on implementing a self-reporting system.
SEC. 5304. NEW ENTRANT SAFETY REVIEW PROGRAM.
(a) In General.--The Secretary shall conduct an assessment of the
new operator safety review program under section 31144(g) of title 49,
United States Code, including the program's effectiveness in reducing
crashes, fatalities, and injuries involving commercial motor vehicles
and improving commercial motor vehicle safety.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall publish on a publicly accessible Internet
Web site of the Department and submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the assessment conducted under subsection (a),
including any recommendations for improving the effectiveness of the
program (including recommendations for legislative changes).
SEC. 5305. HIGH RISK CARRIER REVIEWS.
(a) In General.--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.--The Secretary shall post on a public Web site 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 SAFETEA-LU (49 U.S.C.
31144 note), and the item relating to that section in the table of
contents in section 1(b) of that Act, are repealed.
SEC. 5306. 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; and
(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.
(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.
(e) Termination.--The working group shall terminate not more than
180 days after the date on which the Secretary makes recommendations
under subsection (d)(3).
SEC. 5307. IMPLEMENTING SAFETY REQUIREMENTS.
(a) In General.--For each rulemaking described in subsection (c),
not later than 30 days after the date of enactment of this Act and
every 180 days thereafter until the rulemaking is complete, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a written
notification that includes--
(1) for a rulemaking with a statutory deadline--
(A) an explanation of why the deadline was not met; and
(B) an expected date of completion of the rulemaking; and
(2) for a rulemaking without a statutory deadline, an expected
date of completion of the rulemaking.
(b) Additional Contents.--A notification submitted under subsection
(a) shall include--
(1) an updated rulemaking timeline;
(2) a list of factors causing delays in the completion of the
rulemaking; and
(3) any other details associated with the status of the
rulemaking.
(c) Rulemakings.--The Secretary shall submit a written notification
under subsection (a) for each of the following rulemakings:
(1) The rulemaking required under section 31306a(a)(1) of title
49, United States Code.
(2) The rulemaking required under section 31137(a) of title 49,
United States Code.
(3) The rulemaking required under section 31305(c) of title 49,
United States Code.
(4) The rulemaking required under section 31601 of division C
of MAP-21 (49 U.S.C. 30111 note).
(5) A rulemaking concerning motor carrier safety fitness
determinations.
(6) A rulemaking concerning commercial motor vehicle safety
required by an Act of Congress enacted on or after August 1, 2005,
and incomplete for more than 2 years.
Subtitle D--Commercial Motor Vehicle Drivers
SEC. 5401. OPPORTUNITIES FOR VETERANS.
(a) Standards for Training and Testing of Veteran Operators.--
Section 31305 of title 49, United States Code, is amended by adding at
the end the following:
``(d) Standards for Training and Testing of Veteran Operators.--
``(1) In general.--Not later than December 31, 2016, the
Secretary shall modify the regulations prescribed under subsections
(a) and (c) to--
``(A) exempt a covered individual from all or a portion of
a driving test if the covered individual had experience in the
armed forces or reserve components driving vehicles similar to
a commercial motor vehicle;
``(B) ensure that a covered individual may apply for an
exemption under subparagraph (A) during, at least, the 1-year
period beginning on the date on which such individual separates
from service in the armed forces or reserve components; and
``(C) credit the training and knowledge a covered
individual received in the armed forces or reserve components
driving vehicles similar to a commercial motor vehicle for
purposes of satisfying minimum standards for training and
knowledge.
``(2) Definitions.--In this subsection, the following
definitions apply:
``(A) Armed forces.--The term `armed forces' has the
meaning given that term in section 101(a) of title 10.
``(B) Covered individual.--The term `covered individual'
means an individual over the age of 21 years who is--
``(i) a former member of the armed forces; or
``(ii) a former member of the reserve components.
``(C) Reserve components.--The term `reserve components'
means--
``(i) the Army National Guard of the United States;
``(ii) the Army Reserve;
``(iii) the Navy Reserve;
``(iv) the Marine Corps Reserve;
``(v) the Air National Guard of the United States;
``(vi) the Air Force Reserve; and
``(vii) the Coast Guard Reserve.''.
(b) Implementation of Administrative Recommendations.--Not later
than 1 year after the date of enactment of this Act, the Secretary, in
consultation with the Secretary of Defense, shall implement the
recommendations contained in the report submitted under section 32308
of MAP-21 (49 U.S.C. 31301 note) that are not implemented as a result
of the amendment in subsection (a).
(c) Implementation of the Military Commercial Driver's License
Act.--Not later than December 31, 2015, the Secretary shall issue final
regulations to implement the exemption to the domicile requirement
under section 31311(a)(12)(C) of title 49, United States Code.
(d) Conforming Amendment.--Section 31311(a)(12)(C)(ii) of title 49,
United States Code, is amended to read as follows:
``(ii) is an active duty member of--
``(I) the armed forces (as that term is defined in
section 101(a) of title 10); or
``(II) the reserve components (as that term is defined
in section 31305(d)(2) of this title); and''.
SEC. 5402. DRUG-FREE COMMERCIAL DRIVERS.
(a) In General.--Section 31306 of title 49, United States Code, is
amended--
(1) in subsection (b)(1)--
(A) by redesignating subparagraph (B) as subparagraph (C);
(B) in subparagraph (A) by striking ``The regulations shall
permit such motor carriers to conduct preemployment testing of
such employees for the use of alcohol.''; and
(C) by inserting after subparagraph (A) the following:
``(B) The regulations prescribed under subparagraph (A) shall
permit motor carriers--
``(i) to conduct preemployment testing of commercial motor
vehicle operators for the use of alcohol; and
``(ii) to use hair testing as an acceptable alternative to
urine testing--
``(I) in conducting preemployment testing for the use of a
controlled substance; and
``(II) in conducting random testing for the use of a
controlled substance if the operator was subject to hair
testing for preemployment testing.'';
(2) in subsection (b)(2)--
(A) in subparagraph (A) by striking ``and'' at the end;
(B) in subparagraph (B) by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) shall provide an exemption from hair testing for
commercial motor vehicle operators with established religious
beliefs that prohibit the cutting or removal of hair.''; and
(3) in subsection (c)(2)--
(A) in the matter preceding subparagraph (A) by inserting
``for urine testing, and technical guidelines for hair
testing,'' before ``including mandatory guidelines'';
(B) in subparagraph (B) by striking ``and'' at the end;
(C) in subparagraph (C) by inserting ``and'' after the
semicolon; and
(D) by adding at the end the following:
``(D) laboratory protocols and cut-off levels for hair
testing to detect the use of a controlled substance;''.
(b) Guidelines.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services shall issue
scientific and technical guidelines for hair testing as a method of
detecting the use of a controlled substance for purposes of section
31306 of title 49, United States Code.
SEC. 5403. MEDICAL CERTIFICATION OF VETERANS FOR COMMERCIAL DRIVER'S
LICENSES.
(a) In General.--In the case of a physician-approved veteran
operator, the qualified physician of such operator may, subject to the
requirements of subsection (b), perform a medical examination and
provide a medical certificate for purposes of compliance with the
requirements of section 31149 of title 49, United States Code.
(b) Certification.--The certification described under subsection
(a) shall include--
(1) assurances that the physician performing the medical
examination meets the requirements of a qualified physician under
this section; and
(2) certification that the physical condition of the operator
is adequate to enable such operator to operate a commercial motor
vehicle safely.
(c) National Registry of Medical Examiners.--The Secretary, in
consultation with the Secretary of Veterans Affairs, shall develop a
process for qualified physicians to perform a medical examination and
provide a medical certificate under subsection (a) and include such
physicians on the national registry of medical examiners established
under section 31149(d) of title 49, United States Code.
(d) Definitions.--In this section, the following definitions apply:
(1) Physician-approved veteran operator.--The term ``physician-
approved veteran operator'' means an operator of a commercial motor
vehicle who--
(A) is a veteran who is enrolled in the health care system
established under section 1705(a) of title 38, United States
Code; and
(B) is required to have a current valid medical certificate
pursuant to section 31149 of title 49, United States Code.
(2) Qualified physician.--The term ``qualified physician''
means a physician who--
(A) is employed in the Department of Veterans Affairs;
(B) is familiar with the standards for, and physical
requirements of, an operator certified pursuant to section
31149 of title 49, United States Code; and
(C) has never, with respect to such section, been found to
have acted fraudulently, including by fraudulently awarding a
medical certificate.
(3) Veteran.--The term ``veteran'' has the meaning given the
term in section 101 of title 38, United States Code.
(e) Statutory Construction.--Nothing in this section shall be
construed to change any statutory penalty associated with fraud or
abuse.
SEC. 5404. COMMERCIAL DRIVER PILOT PROGRAM.
(a) In General.--The Secretary shall establish a pilot program
under section 31315(c) of title 49, United States Code, to study the
feasibility, benefits, and safety impacts of allowing a covered driver
to operate a commercial motor vehicle in interstate commerce.
(b) Data Collection.--The Secretary shall collect and analyze data
relating to accidents in which--
(1) a covered driver participating in the pilot program is
involved; and
(2) a driver under the age of 21 operating a commercial motor
vehicle in intrastate commerce is involved.
(c) Limitations.--A driver participating in the pilot program may
not--
(1) transport--
(A) passengers; or
(B) hazardous cargo; or
(2) operate a vehicle in special configuration.
(d) Working Group.--
(1) Establishment.--The Secretary shall conduct, monitor, and
evaluate the pilot program in consultation with a working group to
be established by the Secretary consisting of representatives of
the armed forces, industry, drivers, safety advocacy organizations,
and State licensing and enforcement officials.
(2) Duties.--The working group shall review the data collected
under subsection (b) and provide recommendations to the Secretary
on the feasibility, benefits, and safety impacts of allowing a
covered driver to operate a commercial motor vehicle in interstate
commerce.
(e) Report.--Not later than 1 year after the date on which the
pilot program is concluded, the Secretary shall submit to Congress a
report describing the findings of the pilot program and the
recommendations of the working group.
(f) Definitions.--In this section, the following definitions apply:
(1) Accident.--The term ``accident'' has the meaning given that
term in section 390.5 of title 49, Code of Federal Regulations, as
in effect on the date of enactment of this Act.
(2) Armed forces.--The term ``armed forces'' has the meaning
given that term in section 101(a) of title 10, United States Code.
(3) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given that term in section 31301 of title
49, United States Code.
(4) Covered driver.--The term ``covered driver'' means an
individual who is--
(A) between the ages of 18 and 21;
(B) a member or former member of the--
(i) armed forces; or
(ii) reserve components (as defined in section
31305(d)(2) of title 49, United States Code, as added by
this Act); and
(C) qualified in a Military Occupational Specialty to
operate a commercial motor vehicle or similar vehicle.
Subtitle E--General Provisions
SEC. 5501. DELAYS IN GOODS MOVEMENT.
(a) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Inspector General of the Department
shall submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the average
length of time that operators of commercial motor vehicles are
delayed before the loading and unloading of such vehicles and at
other points in the pick-up and delivery process.
(2) Contents.--The report under paragraph (1) shall include--
(A) an assessment of how delays impact--
(i) the economy;
(ii) the efficiency of the transportation system;
(iii) motor carrier safety, including the extent to
which delays result in violations of motor carrier safety
regulations; and
(iv) the livelihood of motor carrier drivers; and
(B) recommendations on how delays could be mitigated.
(b) Collection of Data.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall establish by regulation a
process to collect data on delays experienced by operators of
commercial motor vehicles before the loading and unloading of such
vehicles and at other points in the pick-up and delivery process.
SEC. 5502. EMERGENCY ROUTE WORKING GROUP.
(a) In General.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a working
group to determine best practices for expeditious State approval of
special permits for vehicles involved in emergency response and
recovery.
(2) Members.--The working group shall include representatives
from--
(A) State highway transportation departments or agencies;
(B) relevant modal agencies within the Department;
(C) emergency response or recovery experts;
(D) relevant safety groups; and
(E) entities affected by special permit restrictions during
emergency response and recovery efforts.
(b) Considerations.--In determining best practices under subsection
(a), the working group shall consider whether--
(1) impediments currently exist that prevent expeditious State
approval of special permits for vehicles involved in emergency
response and recovery;
(2) it is possible to pre-identify and establish emergency
routes between States through which infrastructure repair materials
could be delivered following a natural disaster or emergency;
(3) a State could pre-designate an emergency route identified
under paragraph (2) as a certified emergency route if a motor
vehicle that exceeds the otherwise applicable Federal and State
truck length or width limits may safely operate along such route
during periods of declared emergency and recovery from such
periods; and
(4) an online map could be created to identify each pre-
designated emergency route under paragraph (3), including
information on specific limitations, obligations, and notification
requirements along that route.
(c) Report.--
(1) Submission.--Not later than 1 year after the date of
enactment of this Act, the working group shall submit to the
Secretary a report on its findings under this section and any
recommendations for the implementation of best practices for
expeditious State approval of special permits for vehicles involved
in emergency response and recovery.
(2) Publication.--Not later than 30 days after the date the
Secretary receives the report under paragraph (1), the Secretary
shall publish the report on a publicly accessible Internet Web site
of the Department.
(d) Notification.--Not later than 6 months after the date the
Secretary receives the report under subsection (c)(1), the Secretary
shall notify the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the actions the Secretary and the
States have taken to implement the recommendations included in the
report.
(e) Termination.--The working group shall terminate 1 year after
the date the Secretary receives the report under subsection (c)(1).
SEC. 5503. 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
consumers relevant information with respect to the Federal laws
concerning the interstate transportation of household goods by motor
carrier.
(b) Membership.--The Secretary shall ensure that the working group
is comprised of individuals with expertise in consumer affairs,
educators with expertise in how people learn most effectively, and
representatives of the household goods moving industry.
(c) Recommendations.--
(1) Contents.--The recommendations developed by the working
group shall include recommendations on--
(A) condensing publication ESA 03005 of the Federal Motor
Carrier Safety Administration into a format that is more easily
used by consumers;
(B) using state-of-the-art education techniques and
technologies, including optimizing the use of the Internet as
an educational tool; and
(C) reducing and simplifying the paperwork required of
motor carriers and shippers in interstate transportation.
(2) Deadline.--Not later than 1 year after the date of
enactment of this Act--
(A) the working group shall make the recommendations
described in paragraph (1); and
(B) the Secretary shall publish the recommendations on a
publicly accessible Internet Web site of the Department.
(d) Report.--Not later than 1 year after the date on which the
working group makes its recommendations under subsection (c)(2), the
Secretary shall issue a report to Congress on the implementation of
such recommendations.
(e) Termination.--The working group shall terminate 1 year after
the date the working group makes its recommendations under subsection
(c)(2).
SEC. 5504. TECHNOLOGY IMPROVEMENTS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct a comprehensive analysis of the information technology
and data collection and management systems of the Federal Motor Carrier
Safety Administration.
(b) Requirements.--The study conducted under subsection (a) shall--
(1) evaluate the efficacy of the existing information
technology, data collection, processing systems, data correction
procedures, and data management systems and programs, including
their interaction with each other and their efficacy in meeting
user needs;
(2) identify any redundancies among the systems, procedures,
and programs described in paragraph (1);
(3) explore the feasibility of consolidating data collection
and processing systems;
(4) evaluate the ability of the systems, procedures, and
programs described in paragraph (1) to meet the needs of--
(A) the Federal Motor Carrier Safety Administration, at
both the headquarters and State levels;
(B) the State agencies that implement the motor carrier
safety assistance program under section 31102 of title 49,
United States Code; and
(C) other users;
(5) evaluate the adaptability of the systems, procedures, and
programs described in paragraph (1), in order to make necessary
future changes to ensure user needs are met in an easier, timely,
and more cost-efficient manner;
(6) investigate and make recommendations regarding--
(A) deficiencies in existing data sets impacting program
effectiveness; and
(B) methods to improve user interfaces; and
(7) identify the appropriate role the Federal Motor Carrier
Safety Administration should take with respect to software and
information systems design, development, and maintenance for the
purpose of improving the efficacy of the systems, procedures, and
programs described in paragraph (1).
SEC. 5505. NOTIFICATION REGARDING MOTOR CARRIER REGISTRATION.
Not later than 30 days after the date of enactment of this Act, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate written
notification of the actions the Secretary is taking to ensure, to the
greatest extent practicable, that each application for registration
under section 13902 of title 49, United States Code, is processed not
later than 30 days after the date on which the application is received
by the Secretary.
SEC. 5506. REPORT ON COMMERCIAL DRIVER'S LICENSE SKILLS TEST DELAYS.
Not later than 18 months after the date of enactment of this Act,
and each year thereafter, the Administrator of the Federal Motor
Carrier Safety Administration shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report that--
(1) describes, for each State, the status of skills testing for
applicants for a commercial driver's license, including--
(A) the average wait time from the date an applicant
requests to take a skills test to the date the applicant has
the opportunity to complete such test;
(B) the average wait time from the date an applicant, upon
failure of a skills test, requests a retest to the date the
applicant has the opportunity to complete such retest;
(C) the actual number of qualified commercial driver's
license examiners available to test applicants; and
(D) the number of testing sites available through the State
department of motor vehicles and whether this number has
increased or decreased from the previous year; and
(2) describes specific steps that the Administrator is taking
to address skills testing delays in States that have average skills
test or retest wait times of more than 7 days from the date an
applicant requests to test or retest to the date the applicant has
the opportunity to complete such test or retest.
SEC. 5507. ELECTRONIC LOGGING DEVICE REQUIREMENTS.
Section 31137(b) of title 49, United States Code, is amended--
(1) in paragraph (1)(C) by striking ``apply to'' and inserting
``except as provided in paragraph (3), apply to''; and
(2) by adding at the end the following:
``(3) Exception.--A motor carrier, when transporting a motor
home or recreation vehicle trailer within the definition of the
term `driveaway-towaway operation' (as defined in section 390.5 of
title 49, Code of Federal Regulations), may comply with the hours
of service requirements by requiring each driver to use--
``(A) a paper record of duty status form; or
``(B) an electronic logging device.''.
SEC. 5508. TECHNICAL CORRECTIONS.
(a) Title 49.--Title 49, United States Code, is amended as follows:
(1) Section 13902(i)(2) is amended by inserting ``except as''
before ``described''.
(2) Section 13903(d) is amended by striking ``(d) Registration
as Motor Carrier Required.--'' and all that follows through ``(1)
In general.--A freight forwarder'' and inserting ``(d) Registration
as Motor Carrier Required.--A freight forwarder''.
(3) Section 13905(d)(2)(D) is amended--
(A) by striking ``the Secretary finds
that--'' and all that follows through ``(i) the motor
carrier,'' and inserting ``the Secretary finds that the motor
carrier,''; and
(B) by adding a period at the end.
(4) Section 14901(h) is amended by striking ``Household Goods''
in the heading.
(5) Section 14916 is amended by striking the section
designation and heading and inserting the following:
``Sec. 14916. Unlawful brokerage activities''.
(b) MAP-21.--Effective as of July 6, 2012, and as if included
therein as enacted, MAP-21 (Public Law 112-141) is amended as follows:
(1) Section 32108(a)(4) (126 Stat. 782) is amended by inserting
``for'' before ``each additional day'' in the matter proposed to be
struck.
(2) Section 32301(b)(3) (126 Stat. 786) is amended by striking
``by amending (a) to read as follows:'' and inserting ``by striking
subsection (a) and inserting the following:''.
(3) Section 32302(c)(2)(B) (126 Stat. 789) is amended by
striking ``section 32303(c)(1)'' and inserting ``section
32302(c)(1)''.
(4) Section 32921(b) (126 Stat. 828) is amended, in the matter
to be inserted, by striking ``(A) In addition'' and inserting the
following:
``(A) In general.--In addition''.
(5) Section 32931(c) (126 Stat. 829) is amended--
(A) by striking ``Secretary'' and inserting ``Secretary of
Transportation'' in the matter to be struck; and
(B) by striking ``Secretary'' and inserting ``Secretary of
Transportation'' in the matter to be inserted.
(c) Motor Carrier Safety Improvement Act of 1999.--Section
229(a)(1) of the Motor Carrier Safety Improvement Act of 1999 (49
U.S.C. 31136 note) is amended by inserting ``of title 49, United States
Code,'' after ``sections 31136 and 31502''.
SEC. 5509. MINIMUM FINANCIAL RESPONSIBILITY.
(a) Transporting Property.--If the Secretary proceeds with a
rulemaking to determine whether to increase the minimum levels of
financial responsibility required under section 31139 of title 49,
United States Code, the Secretary shall consider, prior to issuing a
final rule--
(1) the rulemaking's potential impact on--
(A) the safety of motor vehicle transportation; and
(B) the motor carrier industry;
(2) the ability of the insurance industry to provide the
required amount of insurance;
(3) the extent to which current minimum levels of financial
responsibility adequately cover--
(A) medical care;
(B) compensation; and
(C) other identifiable costs;
(4) the frequency with which insurance claims exceed current
minimum levels of financial responsibility in fatal accidents; and
(5) the impact of increased levels on motor carrier safety and
accident reduction.
(b) Transporting Passengers.--
(1) In general.--Prior to initiating a rulemaking to change the
minimum levels of financial responsibility under section 31138 of
title 49, United States Code, the Secretary shall complete a study
specific to the minimum financial responsibility requirements for
motor carriers of passengers.
(2) Study contents.--A study under paragraph (1) shall include,
to the extent practicable--
(A) a review of accidents, injuries, and fatalities in the
over-the-road bus and school bus industries;
(B) a review of insurance held by over-the-road bus and
public and private school bus companies, including companies of
various sizes, and an analysis of whether such insurance is
adequate to cover claims;
(C) an analysis of whether and how insurance affects the
behavior and safety record of motor carriers of passengers,
including with respect to crash reduction; and
(D) an analysis of the anticipated impacts of an increase
in financial responsibility on insurance premiums for passenger
carriers and service availability.
(3) Consultation.--In conducting a study under paragraph (1),
the Secretary shall consult with--
(A) representatives of the over-the-road bus and private
school bus transportation industries, including representatives
of bus drivers; and
(B) insurers of motor carriers of passengers.
(4) Report.--If the Secretary undertakes a study under
paragraph (1), the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report on the results of the study.
SEC. 5510. SAFETY STUDY REGARDING DOUBLE-DECKER MOTORCOACHES.
(a) Study.--The Secretary, in consultation with State
transportation safety and law enforcement officials, shall conduct a
study regarding the safety operations, fire suppression capability,
tire loads, and pavement impacts of operating a double-decker
motorcoach equipped with a device designed by the motorcoach
manufacturer to attach to the rear of the motorcoach for use in
transporting passenger baggage.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit a report containing the results of
the study to--
(1) the Committee on Transportation and Infrastructure of the
House of Representatives; and
(2) the Committee on Commerce, Science, and Transportation of
the Senate.
SEC. 5511. 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. 5512. ACCESS TO NATIONAL DRIVER REGISTER.
Section 30305(b) of title 49, United States Code, 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. 5513. 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 Federal wireless roadside
inspection systems--
(1) conflict with existing 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. 5514. REGULATION OF TOW TRUCK OPERATIONS.
Section 14501(c)(2)(C) of title 49, United States Code, is amended
by striking ``the price of'' and all that follows through
``transportation is'' and inserting ``the regulation of tow truck
operations''.
SEC. 5515. STUDY ON COMMERCIAL MOTOR VEHICLE DRIVER COMMUTING.
(a) Effects of Commuting.--The Administrator of the Federal Motor
Carrier Safety Administration shall conduct a study on the safety
effects of motor carrier operator commutes exceeding 150 minutes.
(b) 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.
SEC. 5516. ADDITIONAL STATE AUTHORITY.
Notwithstanding any other provision of law, South Dakota shall be
provided the opportunity to update and revise the routes designated as
qualifying Federal-aid Primary System highways under section 31111(e)
of title 49, United States Code, as long as the update shifts routes to
divided highways or does not increase centerline miles by more than 5
percent and is expected to increase safety performance.
SEC. 5517. REPORT ON MOTOR CARRIER FINANCIAL RESPONSIBILITY.
(a) In General.--Not later than January 1, 2017, the Secretary
shall publish on a publicly accessible Internet Web site of the
Department a report on the minimum levels of financial responsibility
required under section 31139 of title 49, United States Code.
(b) Contents.--The report required under subsection (a) shall
include, to the extent practicable, an analysis of--
(1) the differences between State insurance requirements and
Federal requirements;
(2) the extent to which current minimum levels of financial
responsibility adequately cover--
(A) medical care;
(B) compensation; and
(C) other identifiable costs; and
(3) the frequency with which insurance claims exceed the
current minimum levels of financial responsibility.
SEC. 5518. COVERED FARM VEHICLES.
Section 32934(b)(1) of MAP-21 (49 U.S.C. 31136 note) is amended by
striking ``from'' and all that follows through the period at end and
inserting the following: ``from--
``(A) a requirement described in subsection (a) or a
compatible State requirement; or
``(B) any other minimum standard provided by a State
relating to the operation of that vehicle.''.
SEC. 5519. OPERATORS OF HI-RAIL VEHICLES.
(a) In General.--In the case of a commercial motor vehicle driver
subject to the hours of service requirements in part 395 of title 49,
Code of Federal Regulations, who is driving a hi-rail vehicle, the
maximum on duty time under section 395.3 of such title for such driver
shall not include time in transportation to or from a duty assignment
if such time in transportation--
(1) does not exceed 2 hours per calendar day or a total of 30
hours per calendar month; and
(2) is fully and accurately accounted for in records to be
maintained by the motor carrier and such records are made available
upon request of the Federal Motor Carrier Safety Administration or
the Federal Railroad Administration.
(b) Hi-Rail Vehicle Defined.--In this section, the term ``hi-rail
vehicle'' means an internal rail flaw detection vehicle equipped with
flange hi-rails.
SEC. 5520. AUTOMOBILE TRANSPORTER.
(a) Automobile Transporter Defined.--Section 31111(a)(1) of title
49, United States Code, is amended--
(1) by striking ``specifically''; and
(2) by adding at the end the following: ``An automobile
transporter shall not be prohibited from the transport of cargo or
general freight on a backhaul, so long as it complies with weight
limitations for a truck tractor and semitrailer combination.''.
(b) Truck Tractor Defined.--Section 31111(a)(3)(B) of title 49,
United States Code, is amended--
(1) by striking ``only''; and
(2) by inserting before the period at the end the following:
``or any other commodity, including cargo or general freight on a
backhaul''.
(c) Backhaul Defined.--Section 31111(a) of title 49, United States
Code, is amended by adding at the end the following:
``(5) Backhaul.--The term `backhaul' means the return trip of a
vehicle transporting cargo or general freight, especially when
carrying goods back over all or part of the same route.''.
(d) Stinger-Steered Automobile Transporters.--Section 31111(b)(1)
of title 49, United States Code, is amended--
(1) in subparagraph (E) by striking ``or'' at the end;
(2) in subparagraph (F) by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(G) imposes a vehicle length limitation of less than 80 feet
on a stinger-steered automobile transporter with a front overhang
of less than 4 feet and a rear overhang of less than 6 feet; or''.
SEC. 5521. READY MIX CONCRETE DELIVERY VEHICLES.
Section 31502 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Ready Mixed Concrete Delivery Vehicles.--
``(1) In general.--Notwithstanding any other provision of law,
regulations issued under this section or section 31136 (including
section 395.1(e)(1)(ii) of title 49, Code of Federal Regulations)
regarding reporting, recordkeeping, or documentation of duty status
shall not apply to any driver of a ready mixed concrete delivery
vehicle if--
``(A) the driver operates within a 100 air-mile radius of
the normal work reporting location;
``(B) the driver returns to the work reporting location and
is released from work within 14 consecutive hours;
``(C) the driver has at least 10 consecutive hours off duty
following each 14 hours on duty;
``(D) the driver does not exceed 11 hours maximum driving
time following 10 consecutive hours off duty; and
``(E) the motor carrier that employs the driver maintains
and retains for a period of 6 months accurate and true time
records that show--
``(i) the time the driver reports for duty each day;
``(ii) the total number of hours the driver is on duty
each day;
``(iii) the time the driver is released from duty each
day; and
``(iv) the total time for the preceding driving week
the driver is used for the first time or intermittently.
``(2) Definition.--In this section, the term `driver of a ready
mixed concrete delivery vehicle' means a driver of a vehicle
designed to deliver ready mixed concrete on a daily basis and is
equipped with a mechanism under which the vehicle's propulsion
engine provides the power to operate a mixer drum to agitate and
mix the product en route to the delivery site.''.
SEC. 5522. TRANSPORTATION OF CONSTRUCTION MATERIALS AND EQUIPMENT.
Section 229(e)(4) of the Motor Carrier Safety Improvement Act of
1999 (49 U.S.C. 31136 note) is amended--
(1) by striking ``50 air mile radius'' and inserting ``75 air
mile radius''; and
(2) by striking ``the driver.'' and inserting ``the driver,
except that a State, upon notice to the Secretary, may establish a
different air mile radius limitation for purposes of this paragraph
if such limitation is between 50 and 75 air miles and applies only
to movements that take place entirely within the State.''.
SEC. 5523. COMMERCIAL DELIVERY OF LIGHT- AND MEDIUM-DUTY TRAILERS.
(a) Definitions.--Section 31111(a) of title 49, United States Code,
is amended by adding at the end the following:
``(6) Trailer transporter towing unit.--The term `trailer
transporter towing unit' means a power unit that is not used to
carry property when operating in a towaway trailer transporter
combination.
``(7) Towaway trailer transporter combination.--The term
`towaway trailer transporter combination' means a combination of
vehicles consisting of a trailer transporter towing unit and 2
trailers or semitrailers--
``(A) with a total weight that does not exceed 26,000
pounds; and
``(B) in which the trailers or semitrailers carry no
property and constitute inventory property of a manufacturer,
distributor, or dealer of such trailers or semitrailers.''.
(b) General Limitations.--Section 31111(b)(1) of such title is
amended by adding at the end the following:
``(H) has the effect of imposing an overall length limitation
of less than 82 feet on a towaway trailer transporter
combination.''.
(c) Conforming Amendments.--
(1) Property-carrying unit limitation.--Section 31112(a)(1) of
such title is amended by inserting before the period at the end the
following: ``, but not including a trailer or a semitrailer
transported as part of a towaway trailer transporter combination
(as defined in section 31111(a))''.
(2) Access to interstate system.--Section 31114(a)(2) of such
title is amended by inserting ``any towaway trailer transporter
combination (as defined in section 31111(a)),'' after
``passengers,''.
SEC. 5524. EXEMPTIONS FROM REQUIREMENTS FOR CERTAIN WELDING TRUCKS USED
IN PIPELINE INDUSTRY.
(a) Covered Motor Vehicle Defined.--In this section, the term
``covered motor vehicle'' means a motor vehicle that--
(1) is traveling in the State in which the vehicle is
registered or another State;
(2) is owned by a welder;
(3) is a pick-up style truck;
(4) is equipped with a welding rig that is used in the
construction or maintenance of pipelines; and
(5) has a gross vehicle weight and combination weight rating
and weight of 15,000 pounds or less.
(b) Federal Requirements.--A covered motor vehicle, including the
individual operating such vehicle and the employer of such individual,
shall be exempt from the following:
(1) Any requirement relating to registration as a motor
carrier, including the requirement to obtain and display a
Department of Transportation number, established under chapters 139
and 311 of title 49, United States Code.
(2) Any requirement relating to driver qualifications
established under chapter 311 of title 49, United States Code.
(3) Any requirement relating to driving of commercial motor
vehicles established under chapter 311 of title 49, United States
Code.
(4) Any requirement relating to parts and accessories and
inspection, repair, and maintenance of commercial motor vehicles
established under chapter 311 of title 49, United States Code.
(5) Any requirement relating to hours of service of drivers,
including maximum driving and on duty time, established under
chapter 315 of title 49, United States Code.
SEC. 5525. REPORT.
(a) In General.--Not later than 4 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
Transportation and Infrastructure of the House of Representatives a
report describing the safety and enforcement impacts of sections 5520,
5521, 5522, 5523, 5524, and 7208 of this Act.
(b) Consultation.--In preparing the report required under
subsection (a), the Secretary shall consult with States, State law
enforcement agencies, entities impacted by the sections described in
subsection (a), and other entities the Secretary considers appropriate.
TITLE VI--INNOVATION
SEC. 6001. SHORT TITLE.
This title may be cited as the ``Transportation for Tomorrow Act of
2015''.
SEC. 6002. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Highway research and development program.--To carry out
section 503(b) of title 23, United States Code, $125,000,000 for
each of fiscal years 2016 through 2020.
(2) Technology and innovation deployment program.--To carry out
section 503(c) of title 23, United States Code--
(A) $67,000,000 for fiscal year 2016;
(B) $67,500,000 for fiscal year 2017;
(C) $67,500,000 for fiscal year 2018;
(D) $67,500,000 for fiscal year 2019; and
(E) $67,500,000 for fiscal year 2020.
(3) Training and education.--To carry out section 504 of title
23, United States Code, $24,000,000 for each of fiscal years 2016
through 2020.
(4) Intelligent transportation systems program.--To carry out
sections 512 through 518 of title 23, United States Code,
$100,000,000 for each of fiscal years 2016 through 2020.
(5) University transportation centers program.--To carry out
section 5505 of title 49, United States Code--
(A) $72,500,000 for fiscal year 2016;
(B) $75,000,000 for fiscal year 2017;
(C) $75,000,000 for fiscal year 2018;
(D) $77,500,000 for fiscal year 2019; and
(E) $77,500,000 for fiscal year 2020.
(6) Bureau of transportation statistics.--To carry out chapter
63 of title 49, United States Code, $26,000,000 for each of fiscal
years 2016 through 2020.
(b) Administration.--The Federal Highway Administration shall--
(1) administer the programs described in paragraphs (1), (2),
and (3) of subsection (a); and
(2) in consultation with relevant modal administrations,
administer the programs described in subsection (a)(4).
(c) Applicability of Title 23, United States Code.--Funds
authorized to be appropriated by subsection (a) shall--
(1) be available for obligation in the same manner as if those
funds were apportioned under chapter 1 of title 23, United States
Code, except that the Federal share of the cost of a project or
activity carried out using those funds shall be 80 percent, unless
otherwise expressly provided by this Act (including the amendments
by this Act) or otherwise determined by the Secretary; and
(2) remain available until expended and not be transferable,
except as otherwise provided in this Act.
SEC. 6003. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.
Section 503(c)(3) of title 23, United States Code, is amended--
(1) in subparagraph (C) by striking ``2013 through 2014'' and
inserting ``2016 through 2020''; and
(2) by adding at the end the following:
``(D) Publication.--
``(i) In general.--Not less frequently than annually,
the Secretary shall issue and make available to the public
on an Internet website a report on the cost and benefits
from deployment of new technology and innovations that
substantially and directly resulted from the program
established under this paragraph.
``(ii) Inclusions.--The report under clause (i) may
include an analysis of--
``(I) Federal, State, and local cost savings;
``(II) project delivery time improvements;
``(III) reduced fatalities; and
``(IV) congestion impacts.''.
SEC. 6004. ADVANCED TRANSPORTATION AND CONGESTION MANAGEMENT
TECHNOLOGIES DEPLOYMENT.
Section 503(c) of title 23, United States Code, is amended by
adding at the end the following:
``(4) Advanced transportation technologies deployment.--
``(A) In general.--Not later than 6 months after the date
of enactment of this paragraph, the Secretary shall establish
an advanced transportation and congestion management
technologies deployment initiative to provide grants to
eligible entities to develop model deployment sites for large
scale installation and operation of advanced transportation
technologies to improve safety, efficiency, system performance,
and infrastructure return on investment.
``(B) Criteria.--The Secretary shall develop criteria for
selection of an eligible entity to receive a grant under this
paragraph, including how the deployment of technology will--
``(i) reduce costs and improve return on investments,
including through the enhanced use of existing
transportation capacity;
``(ii) deliver environmental benefits that alleviate
congestion and streamline traffic flow;
``(iii) measure and improve the operational performance
of the applicable transportation network;
``(iv) reduce the number and severity of traffic
crashes and increase driver, passenger, and pedestrian
safety;
``(v) collect, disseminate, and use real-time traffic,
transit, parking, and other transportation-related
information to improve mobility, reduce congestion, and
provide for more efficient and accessible transportation;
``(vi) monitor transportation assets to improve
infrastructure management, reduce maintenance costs,
prioritize investment decisions, and ensure a state of good
repair;
``(vii) deliver economic benefits by reducing delays,
improving system performance, and providing for the
efficient and reliable movement of goods and services; or
``(viii) accelerate the deployment of vehicle-to-
vehicle, vehicle-to-infrastructure, autonomous vehicles,
and other technologies.
``(C) Applications.--
``(i) Request.--Not later than 6 months after the date
of enactment of this paragraph, and for every fiscal year
thereafter, the Secretary shall request applications in
accordance with clause (ii).
``(ii) Contents.--An application submitted under this
subparagraph shall include the following:
``(I) Plan.--A plan to deploy and provide for the
long-term operation and maintenance of advanced
transportation and congestion management technologies
to improve safety, efficiency, system performance, and
return on investment.
``(II) Objectives.--Quantifiable system performance
improvements, such as--
``(aa) reducing traffic-related crashes,
congestion, and costs;
``(bb) optimizing system efficiency; and
``(cc) improving access to transportation
services.
``(III) Results.--Quantifiable safety, mobility,
and environmental benefit projections such as data-
driven estimates of how the project will improve the
region's transportation system efficiency and reduce
traffic congestion.
``(IV) Partnerships.--A plan for partnering with
the private sector or public agencies, including
multimodal and multijurisdictional entities, research
institutions, organizations representing transportation
and technology leaders, or other transportation
stakeholders.
``(V) Leveraging.--A plan to leverage and optimize
existing local and regional advanced transportation
technology investments.
``(D) Grant selection.--
``(i) Grant awards.--Not later than 1 year after the
date of enactment of this paragraph, and for every fiscal
year thereafter, the Secretary shall award grants to not
less than 5 and not more than 10 eligible entities.
``(ii) Geographic diversity.--In awarding a grant under
this paragraph, the Secretary shall ensure, to the extent
practicable, that grant recipients represent diverse
geographic areas of the United States, including urban and
rural areas.
``(iii) Technology diversity.--In awarding a grant
under this paragraph, the Secretary shall ensure, to the
extent practicable, that grant recipients represent diverse
technology solutions.
``(E) Use of grant funds.--A grant recipient may use funds
awarded under this paragraph to deploy advanced transportation
and congestion management technologies, including--
``(i) advanced traveler information systems;
``(ii) advanced transportation management technologies;
``(iii) infrastructure maintenance, monitoring, and
condition assessment;
``(iv) advanced public transportation systems;
``(v) transportation system performance data
collection, analysis, and dissemination systems;
``(vi) advanced safety systems, including vehicle-to-
vehicle and vehicle-to-infrastructure communications,
technologies associated with autonomous vehicles, and other
collision avoidance technologies, including systems using
cellular technology;
``(vii) integration of intelligent transportation
systems with the Smart Grid and other energy distribution
and charging systems;
``(viii) electronic pricing and payment systems; or
``(ix) advanced mobility and access technologies, such
as dynamic ridesharing and information systems to support
human services for elderly and disabled individuals.
``(F) Report to secretary.--For each eligible entity that
receives a grant under this paragraph, not later than 1 year
after the entity receives the grant, and each year thereafter,
the entity shall submit a report to the Secretary that
describes--
``(i) deployment and operational costs of the project
compared to the benefits and savings the project provides;
and
``(ii) how the project has met the original
expectations projected in the deployment plan submitted
with the application, such as--
``(I) data on how the project has helped reduce
traffic crashes, congestion, costs, and other benefits
of the deployed systems;
``(II) data on the effect of measuring and
improving transportation system performance through the
deployment of advanced technologies;
``(III) the effectiveness of providing real-time
integrated traffic, transit, and multimodal
transportation information to the public to make
informed travel decisions; and
``(IV) lessons learned and recommendations for
future deployment strategies to optimize transportation
efficiency and multimodal system performance.
``(G) Report.--Not later than 3 years after the date that
the first grant is awarded under this paragraph, and each year
thereafter, the Secretary shall make available to the public on
an Internet website a report that describes the effectiveness
of grant recipients in meeting their projected deployment
plans, including data provided under subparagraph (F) on how
the program has--
``(i) reduced traffic-related fatalities and injuries;
``(ii) reduced traffic congestion and improved travel
time reliability;
``(iii) reduced transportation-related emissions;
``(iv) optimized multimodal system performance;
``(v) improved access to transportation alternatives;
``(vi) provided the public with access to real-time
integrated traffic, transit, and multimodal transportation
information to make informed travel decisions;
``(vii) provided cost savings to transportation
agencies, businesses, and the traveling public; or
``(viii) provided other benefits to transportation
users and the general public.
``(H) Additional grants.--The Secretary may cease to
provide additional grant funds to a recipient of a grant under
this paragraph if--
``(i) the Secretary determines from such recipient's
report that the recipient is not carrying out the
requirements of the grant; and
``(ii) the Secretary provides written notice 60 days
prior to withholding funds to the Committees on
Transportation and Infrastructure and Science, Space, and
Technology of the House of Representatives and the
Committees on Environment and Public Works and Commerce,
Science, and Transportation of the Senate.
``(I) Funding.--
``(i) In general.--From funds made available to carry
out subsection (b), this subsection, and sections 512
through 518, the Secretary shall set aside for grants
awarded under subparagraph (D) $60,000,000 for each of
fiscal years 2016 through 2020.
``(ii) Expenses for the secretary.--Of the amounts set
aside under clause (i), the Secretary may set aside
$2,000,000 each fiscal year for program reporting,
evaluation, and administrative costs related to this
paragraph.
``(J) Federal share.--The Federal share of the cost of a
project for which a grant is awarded under this subsection
shall not exceed 50 percent of the cost of the project.
``(K) Grant limitation.--The Secretary may not award more
than 20 percent of the amount described under subparagraph (I)
in a fiscal year to a single grant recipient.
``(L) Expenses for grant recipients.--A grant recipient
under this paragraph may use not more than 5 percent of the
funds awarded each fiscal year to carry out planning and
reporting requirements.
``(M) Grant flexibility.--
``(i) In general.--If, by August 1 of each fiscal year,
the Secretary determines that there are not enough grant
applications that meet the requirements described in
subparagraph (C) to carry out this section for a fiscal
year, the Secretary shall transfer to the programs
specified in clause (ii)--
``(I) any of the funds reserved for the fiscal year
under subparagraph (I) that the Secretary has not yet
awarded under this paragraph; and
``(II) an amount of obligation limitation equal to
the amount of funds that the Secretary transfers under
subclause (I).
``(ii) Programs.--The programs referred to in clause
(i) are--
``(I) the program under subsection (b);
``(II) the program under this subsection; and
``(III) the programs under sections 512 through
518.
``(iii) Distribution.--Any transfer of funds and
obligation limitation under clause (i) shall be divided
among the programs referred to in that clause in the same
proportions as the Secretary originally reserved funding
from the programs for the fiscal year under subparagraph
(I).
``(N) Definitions.--In this paragraph, the following
definitions apply:
``(i) Eligible entity.--The term `eligible entity'
means a State or local government, a transit agency,
metropolitan planning organization representing a
population of over 200,000, or other political subdivision
of a State or local government or a multijurisdictional
group or a consortia of research institutions or academic
institutions.
``(ii) Advanced and congestion management
transportation technologies.--The term `advanced
transportation and congestion management technologies'
means technologies that improve the efficiency, safety, or
state of good repair of surface transportation systems,
including intelligent transportation systems.
``(iii) Multijurisdictional group.--The term
`multijurisdictional group' means a any combination of
State governments, local governments, metropolitan planning
agencies, transit agencies, or other political subdivisions
of a State for which each member of the group--
``(I) has signed a written agreement to implement
the advanced transportation technologies deployment
initiative across jurisdictional boundaries; and
``(II) is an eligible entity under this
paragraph.''.
SEC. 6005. INTELLIGENT TRANSPORTATION SYSTEM GOALS.
Section 514(a) of title 23, United States Code, is amended--
(1) in paragraph (4) by striking ``and'' at the end;
(2) in paragraph (5) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) enhancement of the national freight system and support to
national freight policy goals.''.
SEC. 6006. INTELLIGENT TRANSPORTATION SYSTEM PURPOSES.
Section 514(b) of title 23, United States Code, is amended--
(1) in paragraph (8) by striking ``and'' at the end;
(2) in paragraph (9) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) to assist in the development of cybersecurity research
in cooperation with relevant modal administrations of the
Department of Transportation and other Federal agencies to help
prevent hacking, spoofing, and disruption of connected and
automated transportation vehicles.''.
SEC. 6007. INTELLIGENT TRANSPORTATION SYSTEM PROGRAM REPORT.
Section 515(h)(4) of title 23, United States Code, is amended in
the matter preceding subparagraph (A)--
(1) by striking ``February 1 of each year after the date of
enactment of the Transportation Research and Innovative Technology
Act of 2012'' and inserting ``May 1 of each year''; and
(2) by striking ``submit to Congress'' and inserting ``make
available to the public on a Department of Transportation
website''.
SEC. 6008. INTELLIGENT TRANSPORTATION SYSTEM NATIONAL ARCHITECTURE AND
STANDARDS.
Section 517(a)(3) of title 23, United States Code, is amended by
striking ``memberships are comprised of, and represent,'' and inserting
``memberships include representatives of''.
SEC. 6009. COMMUNICATION SYSTEMS DEPLOYMENT REPORT.
Section 518(a) of title 23, United States Code, is amended in the
matter preceding paragraph (1) by striking ``Not later than 3'' and all
that follows through ``House of Representatives'' and inserting ``Not
later than July 6, 2016, the Secretary shall make available to the
public on a Department of Transportation website a report''.
SEC. 6010. INFRASTRUCTURE DEVELOPMENT.
(a) In General.--Chapter 5 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 519. Infrastructure development
``Funds made available to carry out this chapter for operational
tests of intelligent transportation systems--
``(1) shall be used primarily for the development of
intelligent transportation system infrastructure, equipment, and
systems; and
``(2) to the maximum extent practicable, shall not be used for
the construction of physical surface transportation infrastructure
unless the construction is incidental and critically necessary to
the implementation of an intelligent transportation system
project.''.
(b) Technical and Conforming Amendments.--
(1) Clerical amendment.--The analysis for chapter 5 of title
23, United States Code, is amended by adding at the end the
following:
``519. Infrastructure development.''.
(2) Technical amendment.--The item relating to section 512 in
the analysis for chapter 5 of title 23, United States Code, is
amended to read as follows:
``512. National ITS program plan.''.
SEC. 6011. DEPARTMENTAL RESEARCH PROGRAMS.
(a) Assistant Secretary for Research and Technology.--Section
102(e)(1) of title 49, United States Code, is amended--
(1) in the matter preceding subparagraph (A) by striking ``5''
and inserting ``6''; and
(2) in subparagraph (A) by inserting ``an Assistant Secretary
for Research and Technology,'' after ``Governmental Affairs,''.
(b) Research Activities.--Section 330 of title 49, United States
Code, is amended--
(1) in the section heading by striking ``contracts'' and
inserting ``activities'';
(2) in subsection (a) by striking ``The Secretary of'' and
inserting ``In General.--The Secretary of'';
(3) in subsection (b) by striking ``In carrying'' and inserting
``Responsibilities.--In carrying'';
(4) in subsection (c) by striking ``The Secretary'' and
inserting ``Publications.--The Secretary''; and
(5) by adding at the end the following:
``(d) Duties.--The Secretary shall provide for the following:
``(1) Coordination, facilitation, and review of Department of
Transportation research and development programs and activities.
``(2) Advancement, and research and development, of innovative
technologies, including intelligent transportation systems.
``(3) Comprehensive transportation statistics research,
analysis, and reporting.
``(4) Education and training in transportation and
transportation-related fields.
``(5) Activities of the Volpe National Transportation Systems
Center.
``(6) Coordination in support of multimodal and
multidisciplinary research activities.
``(e) Additional Authorities.--The Secretary may--
``(1) enter into grants and cooperative agreements with Federal
agencies, State and local government agencies, other public
entities, private organizations, and other persons to conduct
research into transportation service and infrastructure assurance
and to carry out other research activities of the Department of
Transportation;
``(2) carry out, on a cost-shared basis, collaborative research
and development to encourage innovative solutions to multimodal
transportation problems and stimulate the deployment of new
technology with--
``(A) non-Federal entities, including State and local
governments, foreign governments, institutions of higher
education, corporations, institutions, partnerships, sole
proprietorships, and trade associations that are incorporated
or established under the laws of any State;
``(B) Federal laboratories; and
``(C) other Federal agencies; and
``(3) directly initiate contracts, grants, cooperative research
and development agreements (as defined in section 12(d) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d))), and other agreements to fund, and accept funds from,
the Transportation Research Board of the National Academies, State
departments of transportation, cities, counties, institutions of
higher education, associations, and the agents of those entities to
carry out joint transportation research and technology efforts.
``(f) Federal Share.--
``(1) In general.--Subject to paragraph (2), the Federal share
of the cost of an activity carried out under subsection (e)(3)
shall not exceed 50 percent.
``(2) Exception.--If the Secretary determines that the activity
is of substantial public interest or benefit, the Secretary may
approve a greater Federal share.
``(3) Non-federal share.--All costs directly incurred by the
non-Federal partners, including personnel, travel, facility, and
hardware development costs, shall be credited toward the non-
Federal share of the cost of an activity described in subsection
(e)(3).
``(g) Program Evaluation and Oversight.--For each of fiscal years
2016 through 2020, the Secretary is authorized to expend not more than
1 \1/2\ percent of the amounts authorized to be appropriated for the
coordination, evaluation, and oversight of the programs administered by
the Office of the Assistant Secretary for Research and Technology.
``(h) Use of Technology.--The research, development, or use of a
technology under a contract, grant, cooperative research and
development agreement, or other agreement entered into under this
section, including the terms under which the technology may be licensed
and the resulting royalties may be distributed, shall be subject to the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et
seq.).
``(i) Waiver of Advertising Requirements.--Section 6101 of title 41
shall not apply to a contract, grant, or other agreement entered into
under this section.''.
(c) Clerical Amendment.--The item relating to section 330 in the
analysis of chapter 3 of title 49, United States Code, is amended to
read as follows:
``330. Research activities.''.
(d) Technical and Conforming Amendments.--
(1) Title 5 amendments.--
(A) Positions at level ii.--Section 5313 of title 5, United
States Code, is amended by striking ``The Under Secretary of
Transportation for Security.''.
(B) Positions at level iv.--Section 5315 of title 5, United
States Code, is amended in the undesignated item relating to
Assistant Secretaries of Transportation by striking ``(4)'' and
inserting ``(5)''.
(C) Positions at level v.--Section 5316 of title 5, United
States Code, is amended by striking ``Associate Deputy
Secretary, Department of Transportation.''.
(2) Bureau of transportation statistics.--Section 6302 of title
49, United States Code, is amended by striking subsection (a) and
inserting the following:
``(a) In General.--There shall be within the Department of
Transportation the Bureau of Transportation Statistics.''.
SEC. 6012. RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION.
(a) Repeal.--Section 112 of title 49, United States Code, is
repealed.
(b) Clerical Amendment.--The analysis for chapter 1 of title 49,
United States Code, is amended by striking the item relating to section
112.
SEC. 6013. WEB-BASED TRAINING FOR EMERGENCY RESPONDERS.
Section 5115(a) of title 49, United States Code, is amended in the
first sentence by inserting ``, including online curriculum as
appropriate,'' after ``a current curriculum of courses''.
SEC. 6014. HAZARDOUS MATERIALS RESEARCH AND DEVELOPMENT.
Section 5118 of title 49, United States Code, is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A) by striking ``and'' at the end;
(B) in subparagraph (B) by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) coordinate, as appropriate, with other Federal
agencies.''; and
(2) by adding at the end the following:
``(c) Cooperative Research.--
``(1) In general.--As part of the program established under
subsection (a), the Secretary may carry out cooperative research on
hazardous materials transport.
``(2) National academies.--The Secretary may enter into an
agreement with the National Academies to support research described
in paragraph (1).
``(3) Research.--Research conducted under this subsection may
include activities relating to--
``(A) emergency planning and response, including
information and programs that can be readily assessed and
implemented in local jurisdictions;
``(B) risk analysis and perception and data assessment;
``(C) commodity flow data, including voluntary
collaboration between shippers and first responders for secure
data exchange of critical information;
``(D) integration of safety and security;
``(E) cargo packaging and handling;
``(F) hazmat release consequences; and
``(G) materials and equipment testing.''.
SEC. 6015. OFFICE OF INTERMODALISM.
(a) Repeal.--Section 5503 of title 49, United States Code, is
repealed.
(b) Clerical Amendment.--The analysis for chapter 55 of title 49,
United States Code, is amended by striking the item relating to section
5503.
SEC. 6016. UNIVERSITY TRANSPORTATION CENTERS.
Section 5505 of title 49, United States Code, is amended to read as
follows:
``Sec. 5505. University transportation centers program
``(a) University Transportation Centers Program.--
``(1) Establishment and operation.--The Secretary shall make
grants under this section to eligible nonprofit institutions of
higher education to establish and operate university transportation
centers.
``(2) Role of centers.--The role of each university
transportation center referred to in paragraph (1) shall be--
``(A) to advance transportation expertise and technology in
the varied disciplines that comprise the field of
transportation through education, research, and technology
transfer activities;
``(B) to provide for a critical transportation knowledge
base outside of the Department of Transportation; and
``(C) to address critical workforce needs and educate the
next generation of transportation leaders.
``(b) Competitive Selection Process.--
``(1) Applications.--To receive a grant under this section, a
consortium of nonprofit institutions of higher education shall
submit to the Secretary an application that is in such form and
contains such information as the Secretary may require.
``(2) Restriction.--
``(A) Limitation.--A lead institution of a consortium of
nonprofit institutions of higher education, as applicable, may
only receive 1 grant per fiscal year for each of the
transportation centers described under paragraphs (2), (3), and
(4) of subsection (c).
``(B) Exception for consortium members that are not lead
institutions.--Subparagraph (A) shall not apply to a nonprofit
institution of higher education that is a member of a
consortium of nonprofit institutions of higher education but
not the lead institution of such consortium.
``(3) Coordination.--The Secretary shall solicit grant
applications for national transportation centers, regional
transportation centers, and Tier 1 university transportation
centers with identical advertisement schedules and deadlines.
``(4) General selection criteria.--
``(A) In general.--Except as otherwise provided by this
section, the Secretary shall award grants under this section in
nonexclusive candidate topic areas established by the Secretary
that address the research priorities identified in chapter 65.
``(B) Criteria.--The Secretary, in consultation with the
Assistant Secretary for Research and Technology and the
Administrator of the Federal Highway Administration and other
modal administrations as appropriate, shall select each
recipient of a grant under this section through a competitive
process based on the assessment of the Secretary relating to--
``(i) the demonstrated ability of the recipient to
address each specific topic area described in the research
and strategic plans of the recipient;
``(ii) the demonstrated research, technology transfer,
and education resources available to the recipient to carry
out this section;
``(iii) the ability of the recipient to provide
leadership in solving immediate and long-range national and
regional transportation problems;
``(iv) the ability of the recipient to carry out
research, education, and technology transfer activities
that are multimodal and multidisciplinary in scope;
``(v) the demonstrated commitment of the recipient to
carry out transportation workforce development programs
through--
``(I) degree-granting programs or programs that
provide other industry-recognized credentials; and
``(II) outreach activities to attract new entrants
into the transportation field, including women and
underrepresented populations;
``(vi) the demonstrated ability of the recipient to
disseminate results and spur the implementation of
transportation research and education programs through
national or statewide continuing education programs;
``(vii) the demonstrated commitment of the recipient to
the use of peer review principles and other research best
practices in the selection, management, and dissemination
of research projects;
``(viii) the strategic plan submitted by the recipient
describing the proposed research to be carried out by the
recipient and the performance metrics to be used in
assessing the performance of the recipient in meeting the
stated research, technology transfer, education, and
outreach goals; and
``(ix) the ability of the recipient to implement the
proposed program in a cost-efficient manner, such as
through cost sharing and overall reduced overhead,
facilities, and administrative costs.
``(5) Transparency.--
``(A) In general.--The Secretary shall provide to each
applicant, upon request, any materials, including copies of
reviews (with any information that would identify a reviewer
redacted), used in the evaluation process of the proposal of
the applicant.
``(B) Reports.--The Secretary shall submit to the
Committees on Transportation and Infrastructure and Science,
Space, and Technology of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report describing the overall review process under paragraph
(4) that includes--
``(i) specific criteria of evaluation used in the
review;
``(ii) descriptions of the review process; and
``(iii) explanations of the selected awards.
``(6) Outside stakeholders.--The Secretary shall, to the
maximum extent practicable, consult external stakeholders,
including the Transportation Research Board of the National
Research Council of the National Academies, to evaluate and
competitively review all proposals.
``(c) Grants.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall select grant
recipients under subsection (b) and make grant amounts available to
the selected recipients.
``(2) National transportation centers.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall provide grants to 5 consortia that the
Secretary determines best meet the criteria described in
subsection (b)(4).
``(B) Restrictions.--
``(i) In general.--For each fiscal year, a grant made
available under this paragraph shall be not greater than
$4,000,000 and not less than $2,000,000 per recipient.
``(ii) Focused research.--A consortium receiving a
grant under this paragraph shall focus research on 1 of the
transportation issue areas specified in section 6503(c).
``(C) Matching requirement.--
``(i) In general.--As a condition of receiving a grant
under this paragraph, a grant recipient shall match 100
percent of the amounts made available under the grant.
``(ii) Sources.--The matching amounts referred to in
clause (i) may include amounts made available to the
recipient under--
``(I) section 504(b) of title 23; or
``(II) section 505 of title 23.
``(3) Regional university transportation centers.--
``(A) Location of regional centers.--One regional
university transportation center shall be located in each of
the 10 Federal regions that comprise the Standard Federal
Regions established by the Office of Management and Budget in
the document entitled `Standard Federal Regions' and dated
April 1974 (circular A-105).
``(B) Selection criteria.--In conducting a competition
under subsection (b), the Secretary shall provide grants to 10
consortia on the basis of--
``(i) the criteria described in subsection (b)(4);
``(ii) the location of the lead center within the
Federal region to be served; and
``(iii) whether the consortium of institutions
demonstrates that the consortium has a well-established,
nationally recognized program in transportation research
and education, as evidenced by--
``(I) recent expenditures by the institution in
highway or public transportation research;
``(II) a historical track record of awarding
graduate degrees in professional fields closely related
to highways and public transportation; and
``(III) an experienced faculty who specialize in
professional fields closely related to highways and
public transportation.
``(C) Restrictions.--For each fiscal year, a grant made
available under this paragraph shall be not greater than
$3,000,000 and not less than $1,500,000 per recipient.
``(D) Matching requirements.--
``(i) In general.--As a condition of receiving a grant
under this paragraph, a grant recipient shall match 100
percent of the amounts made available under the grant.
``(ii) Sources.--The matching amounts referred to in
clause (i) may include amounts made available to the
recipient under--
``(I) section 504(b) of title 23; or
``(II) section 505 of title 23.
``(E) Focused research.--The Secretary shall make a grant
to 1 of the 10 regional university transportation centers
established under this paragraph for the purpose of furthering
the objectives described in subsection (a)(2) in the field of
comprehensive transportation safety, congestion, connected
vehicles, connected infrastructure, and autonomous vehicles.
``(4) Tier 1 university transportation centers.--
``(A) In general.--The Secretary shall provide grants of
not greater than $2,000,000 and not less than $1,000,000 to not
more than 20 recipients to carry out this paragraph.
``(B) Matching requirement.--
``(i) In general.--As a condition of receiving a grant
under this paragraph, a grant recipient shall match 50
percent of the amounts made available under the grant.
``(ii) Sources.--The matching amounts referred to in
clause (i) may include amounts made available to the
recipient under--
``(I) section 504(b) of title 23; or
``(II) section 505 of title 23.
``(C) Focused research.--In awarding grants under this
section, consideration shall be given to minority institutions,
as defined by section 365 of the Higher Education Act of 1965
(20 U.S.C. 1067k), or consortia that include such institutions
that have demonstrated an ability in transportation-related
research.
``(d) Program Coordination.--
``(1) In general.--The Secretary shall--
``(A) coordinate the research, education, and technology
transfer activities carried out by grant recipients under this
section; and
``(B) disseminate the results of that research through the
establishment and operation of a publicly accessible online
information clearinghouse.
``(2) Annual review and evaluation.--Not less frequently than
annually, and consistent with the plan developed under section
6503, the Secretary shall--
``(A) review and evaluate the programs carried out under
this section by grant recipients; and
``(B) submit to the Committees on Transportation and
Infrastructure and Science, Space, and Technology of the House
of Representatives and the Committees on Environment and Public
Works and Commerce, Science, and Transportation of the Senate a
report describing that review and evaluation.
``(3) Program evaluation and oversight.--For each of fiscal
years 2016 through 2020, the Secretary shall expend not more than 1
and a half percent of the amounts made available to the Secretary
to carry out this section for any coordination, evaluation, and
oversight activities of the Secretary under this section.
``(e) Limitation on Availability of Amounts.--Amounts made
available to the Secretary to carry out this section shall remain
available for obligation by the Secretary for a period of 3 years after
the last day of the fiscal year for which the amounts are authorized.
``(f) Information Collection.--Any survey, questionnaire, or
interview that the Secretary determines to be necessary to carry out
reporting requirements relating to any program assessment or evaluation
activity under this section, including customer satisfaction
assessments, shall not be subject to chapter 35 of title 44.''.
SEC. 6017. BUREAU OF TRANSPORTATION STATISTICS.
Section 6302 of title 49, United States Code, 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 authorized budget of
the Bureau, 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; Public Law 107-347).''.
SEC. 6018. PORT PERFORMANCE FREIGHT STATISTICS PROGRAM.
(a) In General.--Chapter 63 of title 49, United States Code, 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) 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
port performance measures for each of the United States ports
referred to in subsection (a) that--
``(A) receives Federal assistance; or
``(B) is subject to Federal regulation to submit necessary
information to the Bureau that includes statistics on capacity
and throughput as applicable to the specific configuration of
the port.
``(c) Recommendations.--
``(1) In general.--The Director shall obtain recommendations
for--
``(A) port performance measures, including specifications
and data measurements to be used in the program established
under subsection (a); and
``(B) a process for the Department 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 Transportation for Tomorrow Act of 2015, the
Director shall commission a working group composed of--
``(A) operating administrations of the Department;
``(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 Bureau of Labor Statistics;
``(I) the Maritime Advisory Committee for Occupational
Safety and Health;
``(J) the Advisory Committee on Supply Chain
Competitiveness;
``(K) 1 representative from the rail industry;
``(L) 1 representative from the trucking industry;
``(M) 1 representative from the maritime shipping industry;
``(N) 1 representative from a labor organization for each
industry described in subparagraphs (K) through (M);
``(O) 1 representative from the International
Longshoremen's Association;
``(P) 1 representative from the International Longshore and
Warehouse Union;
``(Q) 1 representative from a port authority;
``(R) 1 representative from a terminal operator;
``(S) representatives of the National Freight Advisory
Committee of the Department; and
``(T) representatives of the Transportation Research Board
of the National Academies of Sciences, Engineering, and
Medicine.
``(3) Recommendations.--Not later than 1 year after the date of
the enactment of the Transportation for Tomorrow Act of 2015, the
working group commissioned under paragraph (2) shall submit its
recommendations to the Director.
``(d) Access to Data.--The Director shall ensure that--
``(1) the statistics compiled under this section--
``(A) are readily accessible to the public; and
``(B) are consistent with applicable security constraints
and confidentiality interests; and
``(2) the data acquired, regardless of source, shall be
protected in accordance with the Confidential Information
Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501
note; Public Law 107-347).''.
(b) Prohibition on Certain Disclosures; Copies of Reports.--Section
6307(b) of such title is amended, by inserting ``or section 6314(b)''
after ``section 6302(b)(3)(B)'' each place it appears.
(c) Clerical Amendment.--The table of sections for chapter 63 of
such title is amended by adding at the end the following:
``6314. Port performance freight statistics program.''.
SEC. 6019. RESEARCH PLANNING.
(a) Findings.--Congress finds that--
(1) Federal transportation research planning--
(A) should be coordinated by the Office of the Secretary;
and
(B) should be, to the extent practicable, multimodal and
not occur solely within the sub-agencies of the Department;
(2) managing a multimodal research portfolio within the Office
of the Secretary will--
(A) help identify opportunities in which research could be
applied across modes; and
(B) prevent duplication of efforts and waste of limited
Federal resources;
(3) the Assistant Secretary for Research and Technology 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; and
(4) increasing transparency of transportation research and
development efforts will--
(A) build stakeholder confidence in the final product; and
(B) lead to the improved implementation of research
findings.
(b) Research Planning.--
(1) In general.--Subtitle III of title 49, United States Code,
is amended by inserting after chapter 63 the following:
``CHAPTER 65--RESEARCH PLANNING
``Sec.
``6501. Annual modal research plans.
``6502. Consolidated research database.
``6503. Transportation research and development 5-year strategic plan.
``SEC. 6501. ANNUAL MODAL RESEARCH PLANS.
``(a) Modal Plans Required.--
``(1) In general.--Not later than May 1 of each year, the head
of each modal administration and joint program office of the
Department of Transportation shall submit to the Assistant
Secretary for Research and Technology of the Department of
Transportation (referred to in this chapter as the `Assistant
Secretary') a comprehensive annual modal research plan for the
upcoming fiscal year and a detailed outlook for the following
fiscal year.
``(2) Relationship to strategic plan.--Each plan submitted
under paragraph (1), after the plan required in 2016, shall be
consistent with the strategic plan developed under section 6503.
``(b) Review.--
``(1) In general.--Not later than September 1 of each year, the
Assistant Secretary, for each plan and outlook submitted pursuant
to subsection (a), shall--
``(A) review the scope of the research; and
``(B)(i) approve the plan and outlook; or
``(ii) request that the plan and outlook be revised and
resubmitted for approval.
``(2) Publications.--Not later than January 30 of each year,
the Secretary shall publish on a public website each plan and
outlook that has been approved under paragraph (1)(B)(i).
``(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 any of the projects described in the plan duplicate significant
aspects of research efforts of any other modal administration.
``(c) Funding Limitations.--No funds may be expended by the
Department of Transportation on research that has been determined by
the Assistant Secretary under subsection (b)(3) to be duplicative
unless--
``(1) the research is required by an Act of Congress;
``(2) the research was part of a contract that was funded
before the date of enactment of this chapter;
``(3) the research updates previously commissioned research; or
``(4) the Assistant Secretary certifies to Congress that such
research is necessary, and provides justification for such
certification.
``(d) 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 to Congress a corrective action plan to
eliminate the duplicative research.
``SEC. 6502. CONSOLIDATED RESEARCH DATABASE.
``(a) Research Abstract Database.--
``(1) In general.--The Secretary shall annually publish on a
public website a comprehensive database of all research projects
conducted by the Department of Transportation, including, to the
extent practicable, research funded through University
Transportation Centers.
``(2) Contents.--The database published under paragraph (1)
shall, to the extent practicable--
``(A) include the consolidated modal research plans
approved under section 6501(b)(1)(B)(i);
``(B) describe the research objectives, progress, findings,
and allocated funds for each research project;
``(C) identify research projects with multimodal
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 more than 1 modal
administration is conducting research on a similar subject or a
subject that has a bearing on more than 1 mode;
``(F) indicate how the findings of research are being
disseminated to improve the efficiency, effectiveness, and
safety of transportation systems; and
``(G) describe the public and stakeholder input to the
research plans submitted under section 6501(a)(1).
``(b) Funding Report.--In conjunction with each of the annual
budget requests submitted by the President under section 1105 of title
31, the Secretary shall annually publish on a public website and submit
to the appropriate committees of Congress a report that describes--
``(1) the amount spent in the last full fiscal year on
transportation research and development with specific descriptions
of projects funded at $5,000,000 or more; and
``(2) the amount proposed in the current budget for
transportation research and development with specific descriptions
of projects funded at $5,000,000 or more.
``(c) Performance Plans and Reports.--In the plans and reports
submitted under sections 1115 and 1116 of title 31, 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 described in section
6503(c)(1); and
``(4) any amendments to the strategic plan developed under
section 6503.
``SEC. 6503. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR STRATEGIC
PLAN.
``(a) In General.--The Secretary shall develop a 5-year
transportation research and development strategic plan to guide future
Federal transportation research and development activities.
``(b) Consistency.--The strategic plan developed under subsection
(a) shall be consistent with--
``(1) section 306 of title 5;
``(2) sections 1115 and 1116 of title 31; and
``(3) any other research and development plan within the
Department of Transportation.
``(c) Contents.--The strategic plan developed under subsection (a)
shall--
``(1) describe how the plan furthers the primary purposes of
the transportation research and development program, which shall
include--
``(A) improving mobility of people and goods;
``(B) reducing congestion;
``(C) promoting safety;
``(D) improving the durability and extending the life of
transportation infrastructure;
``(E) preserving the environment; and
``(F) preserving the existing transportation system;
``(2) for each of the purposes referred to in paragraph (1),
list the primary proposed research and development activities that
the Department of Transportation intends to pursue to accomplish
that purpose, which may include--
``(A) fundamental research pertaining to the applied
physical and natural sciences;
``(B) applied science and research;
``(C) technology development research; and
``(D) social science research; and
``(3) for each research and development activity--
``(A) identify the anticipated annual funding levels for
the period covered by the strategic plan; and
``(B) describe the research findings the Department expects
to discover at the end of the period covered by the strategic
plan.
``(d) Considerations.--The Secretary shall ensure that the
strategic plan developed under this section--
``(1) reflects input from a wide range of external
stakeholders;
``(2) includes and integrates the research and development
programs of all of the modal administrations of the Department of
Transportation, including aviation, transit, rail, and maritime and
joint programs;
``(3) takes into account research and development by other
Federal, State, local, private sector, and nonprofit institutions;
``(4) not later than December 31, 2016, is published on a
public website; and
``(5) takes into account how research and development by other
Federal, State, private sector, and nonprofit institutions--
``(A) contributes to the achievement of the purposes
identified under subsection (c)(1); and
``(B) avoids unnecessary duplication of those efforts.
``(e) Interim Report.--Not later than 2 \1/2\ years after the date
of enactment of this chapter, the Secretary may publish on a public
website an interim report that--
``(1) provides an assessment of the 5-year research and
development strategic plan of the Department of Transportation
described in this section; and
``(2) includes a description of the extent to which the
research and development is or is not successfully meeting the
purposes described under subsection (c)(1).''.
(c) Technical and Conforming Amendment.--The table of chapters for
subtitle III of title 49, United States Code, is amended by adding at
the end the following:
``63. Bureau of Transportation Statistics......................... 6301
``65. Research planning..........................................6501''.
(d) 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 6503 of title 49''; 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 6503 of title 49''; 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.--The Intelligent
Transportation Systems Act of 1998 (23 U.S.C. 502 note; Public Law
105-178) is amended--
(A) in section 5205(b), by striking ``as part of the
Surface Transportation Research and Development Strategic Plan
developed under section 508 of title 23'' and inserting ``as
part of the transportation research and development strategic
plan under section 6503 of title 49''; and
(B) in section 5206(e)(2)(A), by striking ``or the Surface
Transportation Research and Development Strategic Plan
developed under section 508 of title 23'' and inserting ``or
the transportation research and development strategic plan
under section 6503 of title 49''.
(3) Intelligent transportation system research.--Section
5305(h)(3)(A) of SAFETEA-LU (23 U.S.C. 512 note; Public Law 109-59)
is amended by striking ``the strategic plan under section 508 of
title 23, United States Code'' and inserting ``the 5-year strategic
plan under 6503 of title 49, United States Code''.
SEC. 6020. SURFACE TRANSPORTATION SYSTEM FUNDING ALTERNATIVES.
(a) In General.--The Secretary shall establish a program to provide
grants to States to demonstrate user-based alternative revenue
mechanisms that utilize a user fee structure to maintain the long-term
solvency of the Highway Trust Fund.
(b) Application.--To be eligible for a grant under this section, a
State or group of States shall submit to the Secretary an application
in such form and containing such information as the Secretary may
require.
(c) Objectives.--The Secretary shall ensure that the activities
carried out using funds provided under this section meet the following
objectives:
(1) To test the design, acceptance, and implementation of 2 or
more future user-based alternative revenue mechanisms.
(2) To improve the functionality of such user-based alternative
revenue mechanisms.
(3) To conduct outreach to increase public awareness regarding
the need for alternative funding sources for surface transportation
programs and to provide information on possible approaches.
(4) To provide recommendations regarding adoption and
implementation of user-based alternative revenue mechanisms.
(5) To minimize the administrative cost of any potential user-
based alternative revenue mechanisms.
(d) Use of Funds.--A State or group of States receiving funds under
this section to test the design, acceptance, and implementation of a
user-based alternative revenue mechanism--
(1) shall address--
(A) the implementation, interoperability, public
acceptance, and other potential hurdles to the adoption of the
user-based alternative revenue mechanism;
(B) the protection of personal privacy;
(C) the use of independent and private third-party vendors
to collect fees and operate the user-based alternative revenue
mechanism;
(D) market-based congestion mitigation, if appropriate;
(E) equity concerns, including the impacts of the user-
based alternative revenue mechanism on differing income groups,
various geographic areas, and the relative burdens on rural and
urban drivers;
(F) ease of compliance for different users of the
transportation system; and
(G) the reliability and security of technology used to
implement the user-based alternative revenue mechanism; and
(2) may address--
(A) the flexibility and choices of user-based alternative
revenue mechanisms, including the ability of users to select
from various technology and payment options;
(B) the cost of administering the user-based alternative
revenue mechanism; and
(C) the ability of the administering entity to audit and
enforce user compliance.
(e) Consideration.--The Secretary shall consider geographic
diversity in awarding grants under this section.
(f) Limitations on Revenue Collected.--Any revenue collected
through a user-based alternative revenue mechanism established using
funds provided under this section shall not be considered a toll under
section 301 of title 23, United States Code.
(g) Federal Share.--The Federal share of the cost of an activity
carried out under this section may not exceed 50 percent of the total
cost of the activity.
(h) Report to Secretary.--Not later than 1 year after the date on
which the first eligible entity receives a grant under this section,
and each year thereafter, each recipient of a grant under this section
shall submit to the Secretary a report that describes--
(1) how the demonstration activities carried out with grant
funds meet the objectives described in subsection (c); and
(2) lessons learned for future deployment of alternative
revenue mechanisms that utilize a user fee structure.
(i) Biennial Reports.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter until the
completion of the demonstration activities under this section, the
Secretary shall make available to the public on an Internet website a
report describing the progress of the demonstration activities.
(j) Funding.--Of the funds authorized to carry out section 503(b)
of title 23, United States Code--
(1) $15,000,000 shall be used to carry out this section for
fiscal year 2016; and
(2) $20,000,000 shall be used to carry out this section for
each of fiscal years 2017 through 2020.
(k) Grant Flexibility.--If, by August 1 of each fiscal year, the
Secretary determines that there are not enough grant applications that
meet the requirements of this section for a fiscal year, Secretary
shall transfer to the program under section 503(b) of title 23, United
States Code--
(1) any of the funds reserved for the fiscal year under
subsection (j) that the Secretary has not yet awarded under this
section; and
(2) an amount of obligation limitation equal to the amount of
funds that the Secretary transfers under paragraph (1).
SEC. 6021. FUTURE INTERSTATE STUDY.
(a) Future Interstate System Study.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall enter into an
agreement with the Transportation Research Board of the National
Academies to conduct a study on the actions needed to upgrade and
restore the Dwight D. Eisenhower National System of Interstate and
Defense Highways to its role as a premier system that meets the growing
and shifting demands of the 21st century.
(b) Methodologies.--In conducting the study, the Transportation
Research Board shall build on the methodologies examined and
recommended in the report prepared for the American Association of
State Highway and Transportation Officials titled ``National
Cooperative Highway Research Program Project 20-24(79): Specifications
for a National Study of the Future 3R, 4R, and Capacity Needs of the
Interstate System'', dated December 2013.
(c) Contents of Study.--The study--
(1) shall include specific recommendations regarding the
features, standards, capacity needs, application of technologies,
and intergovernmental roles to upgrade the Interstate System,
including any revisions to law (including regulations) that the
Transportation Research Board determines appropriate; and
(2) is encouraged to build on the institutional knowledge in
the highway industry in applying the techniques involved in
implementing the study.
(d) Considerations.--In carrying out the study, the Transportation
Research Board shall determine the need for reconstruction and
improvement of the Interstate System by considering--
(1) future demands on transportation infrastructure determined
for national planning purposes, including commercial and private
traffic flows to serve future economic activity and growth;
(2) the expected condition of the current Interstate System
over the period of 50 years beginning on the date of enactment of
this Act, including long-term deterioration and reconstruction
needs;
(3) features that would take advantage of technological
capabilities to address modern standards of construction,
maintenance, and operations, for purposes of safety, and system
management, taking into further consideration system performance
and cost;
(4) those National Highway System routes that should be added
to the existing Interstate System to more efficiently serve
national traffic flows; and
(5) the resources necessary to maintain and improve the
Interstate System, including the resources required to upgrade the
National Highway System routes identified in paragraph (4) to
Interstate standards.
(e) Consultation.--In carrying out the study, the Transportation
Research Board--
(1) shall convene and consult with a panel of national experts,
including operators and users of the Interstate System and private
sector stakeholders; and
(2) is encouraged to consult with--
(A) the Federal Highway Administration;
(B) States;
(C) planning agencies at the metropolitan, State, and
regional levels;
(D) the motor carrier industry;
(E) freight shippers;
(F) highway safety groups; and
(G) other appropriate entities.
(f) Report.--Not later than 3 years after the date of enactment of
this Act, the Transportation Research Board shall 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.
(g) Funding.--From amounts authorized to carry out the Highway
Research and Development Program, the Secretary shall use to carry out
this section not more than $5,000,000 for fiscal year 2016.
SEC. 6022. HIGHWAY EFFICIENCY.
(a) Study.--
(1) In general.--The Secretary may examine the impact of
pavement durability and sustainability on vehicle fuel consumption,
vehicle wear and tear, road conditions, and road repairs.
(2) Methodology.--In carrying out the study, the Secretary
shall--
(A) conduct a thorough review of relevant peer-reviewed
research published during at least the past 5 years;
(B) analyze impacts of different types of pavement on all
motor vehicle types, including commercial vehicles;
(C) specifically examine the impact of pavement deformation
and deflection; and
(D) analyze impacts of different types of pavement on road
conditions and road repairs.
(3) Consultation.--In carrying out the study, the Secretary
shall consult with--
(A) modal administrations of the Department and other
Federal agencies, including the National Institute of Standards
and Technology;
(B) State departments of transportation;
(C) industry stakeholders; and
(D) appropriate academic experts.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall publish on a public
website a report describing the results of the study.
(2) Contents.--The report shall include--
(A) a summary of the different types of pavements analyzed
in the study and the impacts of pavement durability and
sustainability on safety, vehicle fuel consumption, vehicle
wear and tear, road conditions, and road repairs; and
(B) recommendations for State and local governments on best
practice methods for improving pavement durability and
sustainability to maximize vehicle fuel economy, improve
safety, ride quality, and road conditions, and to minimize the
need for road and vehicle repairs.
SEC. 6023. TRANSPORTATION TECHNOLOGY POLICY WORKING GROUP.
To improve the scientific pursuit and research procedures
concerning transportation, the Secretary may convene an interagency
working group--
(1) to identify opportunities for coordination between the
Department and universities and the private sector; and
(2) to identify and develop a plan to address related workforce
development needs.
SEC. 6024. COLLABORATION AND SUPPORT.
The Secretary may solicit the support of, and identify
opportunities to collaborate with, other Federal research agencies and
national laboratories to assist in the effective and efficient pursuit
and resolution of research challenges identified by the Secretary.
SEC. 6025. GAO REPORT.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report that--
(1) assesses the status of autonomous transportation technology
policy developed by public entities in the United States;
(2) assesses the organizational readiness of the Department to
address autonomous vehicle technology challenges, including
consumer privacy protections; and
(3) recommends implementation paths for autonomous
transportation technology, applications, and policies that are
based on the assessment described in paragraph (2).
SEC. 6026. TRAFFIC CONGESTION.
(a) Congestion Research.--The Secretary may conduct research on the
reduction of traffic congestion.
(b) Consideration.--The Secretary may--
(1) recommend research to accelerate the adoption of
transportation management systems that allow traffic to flow in the
safest and most efficient manner possible while alleviating current
and future traffic congestion challenges;
(2) assess and analyze traffic, transit, and freight data from
various sources relevant to efforts to reduce traffic congestion so
as to maximize mobility, efficiency, and capacity while decreasing
congestion and travel times;
(3) examine the use and integration of multiple data types from
multiple sources and technologies, including road weather data,
arterial and highway traffic conditions, transit vehicle arrival
and departure times, real time navigation routing, construction
zone information, and reports of incidents, to suggest improvements
in effective communication of such data and information in real
time;
(4) develop and disseminate suggested strategies and solutions
to reduce congestion for high-density traffic regions and to
provide mobility in the event of an emergency or natural disaster;
and
(5) collaborate with other relevant Federal agencies, State and
local agencies, industry and industry associations, and university
research centers to fulfill goals and objectives under this
section.
(c) Identifying Information.--The Secretary shall ensure that
information used pursuant to this section does not contain identifying
information of any individual.
(d) Report.--Not later than 1 year after the completion of research
under this section, the Secretary may make available on a public
website a report on any activities under this section.
SEC. 6027. SMART CITIES TRANSPORTATION PLANNING STUDY.
(a) In General.--The Secretary may 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 those
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 may publish the report containing
the results of the study conducted under subsection (a) to a public
website.
SEC. 6028. 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 of the Federal
Highway Administration may use up to $10,000,000 for each of fiscal
years 2016 through 2020 to carry out this section.
TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION
SEC. 7001. SHORT TITLE.
This title may be cited as the ``Hazardous Materials Transportation
Safety Improvement Act of 2015''.
Subtitle A--Authorizations
SEC. 7101. AUTHORIZATION OF APPROPRIATIONS.
Section 5128 of title 49, United States Code, is amended to read as
follows:
``Sec. 5128. Authorization of appropriations
``(a) In General.--There are authorized to be appropriated to the
Secretary to carry out this chapter (except sections 5107(e),
5108(g)(2), 5113, 5115, 5116, and 5119)--
``(1) $53,000,000 for fiscal year 2016;
``(2) $55,000,000 for fiscal year 2017;
``(3) $57,000,000 for fiscal year 2018;
``(4) $58,000,000 for fiscal year 2019; and
``(5) $60,000,000 for fiscal year 2020.
``(b) Hazardous Materials Emergency Preparedness Fund.--From the
Hazardous Materials Emergency Preparedness Fund established under
section 5116(h), the Secretary may expend, for each of fiscal years
2016 through 2020--
``(1) $21,988,000 to carry out section 5116(a);
``(2) $150,000 to carry out section 5116(e);
``(3) $625,000 to publish and distribute the Emergency Response
Guidebook under section 5116(h)(3); and
``(4) $1,000,000 to carry out section 5116(i).
``(c) Hazardous Materials Training Grants.--From the Hazardous
Materials Emergency Preparedness Fund established pursuant to section
5116(h), the Secretary may expend $4,000,000 for each of fiscal years
2016 through 2020 to carry out section 5107(e).
``(d) Community Safety Grants.--Of the amounts made available under
subsection (a) to carry out this chapter, the Secretary shall withhold
$1,000,000 for each of fiscal years 2016 through 2020 to carry out
section 5107(i).
``(e) Credits to Appropriations.--
``(1) Expenses.--In addition to amounts otherwise made
available to carry out this chapter, the Secretary may credit
amounts received from a State, Indian tribe, or other public
authority or private entity for expenses the Secretary incurs in
providing training to the State, Indian tribe, authority, or
entity.
``(2) Availability of amounts.--Amounts made available under
this section shall remain available until expended.''.
Subtitle B--Hazardous Material Safety and Improvement
SEC. 7201. NATIONAL EMERGENCY AND DISASTER RESPONSE.
Section 5103 of title 49, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Federally Declared Disasters and Emergencies.--
``(1) In general.--The Secretary may by order waive compliance
with any part of an applicable standard prescribed under this
chapter without prior notice and comment and on terms the Secretary
considers appropriate if the Secretary determines that--
``(A) it is in the public interest to grant the waiver;
``(B) the waiver is not inconsistent with the safety of
transporting hazardous materials; and
``(C) the waiver is necessary to facilitate the safe
movement of hazardous materials into, from, and within an area
of a major disaster or emergency that has been declared under
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.).
``(2) Period of waiver.--A waiver under this subsection may be
issued for a period of not more than 60 days and may be renewed
upon application to the Secretary only after notice and an
opportunity for a hearing on the waiver. The Secretary shall
immediately revoke the waiver if continuation of the waiver would
not be consistent with the goals and objectives of this chapter.
``(3) Statement of reasons.--The Secretary shall include in any
order issued under this section the reasons for granting the
waiver.''.
SEC. 7202. MOTOR CARRIER SAFETY PERMITS.
Section 5109(h) of title 49, United States Code, is amended to read
as follows:
``(h) Limitation on Denial.--The Secretary may not deny a non-
temporary permit held by a motor carrier pursuant to this section based
on a comprehensive review of that carrier triggered by safety
management system scores or out-of-service disqualification standards,
unless--
``(1) the carrier has the opportunity, prior to the denial of
such permit, to submit a written description of corrective actions
taken and other documentation the carrier wishes the Secretary to
consider, including a corrective action plan; and
``(2) the Secretary determines the actions or plan is
insufficient to address the safety concerns identified during the
course of the comprehensive review.''.
SEC. 7203. IMPROVING THE EFFECTIVENESS OF PLANNING AND TRAINING GRANTS.
(a) Planning and Training Grants.--Section 5116 of title 49, United
States Code, is amended--
(1) by redesignating subsections (c) through (k) as subsections
(b) through (j), respectively,
(2) by striking subsection (b); and
(3) by striking subsection (a) and inserting the following:
``(a) Planning and Training Grants.--(1) The Secretary shall make
grants to States and Indian tribes--
``(A) to develop, improve, and carry out emergency plans under
the Emergency Planning and Community Right-To-Know Act of 1986 (42
U.S.C. 11001 et seq.), including ascertaining flow patterns of
hazardous material on lands under the jurisdiction of a State or
Indian tribe, and between lands under the jurisdiction of a State
or Indian tribe and lands of another State or Indian tribe;
``(B) to decide on the need for regional hazardous material
emergency response teams; and
``(C) to train public sector employees to respond to accidents
and incidents involving hazardous material.
``(2) To the extent that a grant is used to train emergency
responders under paragraph (1)(C), the State or Indian tribe shall
provide written certification to the Secretary that the emergency
responders who receive training under the grant will have the ability
to protect nearby persons, property, and the environment from the
effects of accidents or incidents involving the transportation of
hazardous material in accordance with existing regulations or National
Fire Protection Association standards for competence of responders to
accidents and incidents involving hazardous materials.
``(3) The Secretary may make a grant to a State or Indian tribe
under paragraph (1) of this subsection only if--
``(A) the State or Indian tribe certifies that the total amount
the State or Indian tribe expends (except amounts of the Federal
Government) for the purpose of the grant will at least equal the
average level of expenditure for the last 5 years; and
``(B) any emergency response training provided under the grant
shall consist of--
``(i) a course developed or identified under section 5115
of this title; or
``(ii) any other course the Secretary determines is
consistent with the objectives of this section.
``(4) A State or Indian tribe receiving a grant under this
subsection shall ensure that planning and emergency response training
under the grant is coordinated with adjacent States and Indian tribes.
``(5) A training grant under paragraph (1)(C) may be used--
``(A) to pay--
``(i) the tuition costs of public sector employees being
trained;
``(ii) travel expenses of those employees to and from the
training facility;
``(iii) room and board of those employees when at the
training facility; and
``(iv) travel expenses of individuals providing the
training;
``(B) by the State, political subdivision, or Indian tribe to
provide the training; and
``(C) to make an agreement with a person (including an
authority of a State, a political subdivision of a State or Indian
tribe, or a local jurisdiction), subject to approval by the
Secretary, to provide the training if--
``(i) the agreement allows the Secretary and the State or
Indian tribe to conduct random examinations, inspections, and
audits of the training without prior notice;
``(ii) the person agrees to have an auditable accounting
system; and
``(iii) the State or Indian tribe conducts at least one on-
site observation of the training each year.
``(6) The Secretary shall allocate amounts made available for
grants under this subsection among eligible States and Indian tribes
based on the needs of the States and Indian tribes for emergency
response planning and training. In making a decision about those needs,
the Secretary shall consider--
``(A) the number of hazardous material facilities in the State
or on land under the jurisdiction of the Indian tribe;
``(B) the types and amounts of hazardous material transported
in the State or on such land;
``(C) whether the State or Indian tribe imposes and collects a
fee for transporting hazardous material;
``(D) whether such fee is used only to carry out a purpose
related to transporting hazardous material;
``(E) the past record of the State or Indian tribe in
effectively managing planning and training grants; and
``(F) any other factors the Secretary determines are
appropriate to carry out this subsection.''.
(b) Technical and Conforming Amendments.--
(1) Section 5108(g) of title 49, United States Code, is amended
by striking ``5116(i)'' each place it appears and inserting
``5116(h)''.
(2) Section 5116 of such title is amended--
(A) in subsection (d), as so redesignated, by striking
``subsections (a)(2)(A) and (b)(2)(A)'' and inserting
``subsection (a)(3)(A)'';
(B) in subsection (h), as so redesignated--
(i) in paragraph (1) by inserting ``and section
5107(e)'' after ``section'';
(ii) in paragraph (2) by striking ``(f)'' and inserting
``(e)''; and
(iii) in paragraph (4) by striking ``5108(g)(2) and
5115'' and inserting ``5107(e) and 5108(g)(2)'';
(C) in subsection (i), as so redesignated, by striking
``subsection (b)'' and inserting ``subsection (a)''; and
(D) in subsection (j), as so redesignated--
(i) by striking ``planning grants allocated under
subsection (a), training grants under subsection (b), and
grants under subsection (j) of this section and under
section 5107'' and inserting ``planning and training grants
under subsection (a) and grants under subsection (i) of
this section and under subsections (e) and (i) of section
5107''; and
(ii) by redesignating subparagraphs (A) through (D) as
paragraphs (1) through (4), respectively.
(c) Savings Clause.--Nothing in this section may be construed to
prohibit the Secretary from recovering and deobligating funds from
grants that are not managed or expended in compliance with a grant
agreement.
SEC. 7204. IMPROVING PUBLICATION OF SPECIAL PERMITS AND APPROVALS.
Section 5117 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) by striking ``an application for a special permit'' and
inserting ``an application for a new special permit or a
modification to an existing special permit''; and
(B) by inserting after the second sentence the following:
``The Secretary shall make available to the public on the
Department of Transportation's Internet Web site any special
permit other than a new special permit or a modification to an
existing special permit and shall give the public an
opportunity to inspect the safety analysis and comment on the
application for a period of not more than 15 days.''; and
(2) in subsection (c)--
(A) by striking ``publish'' and inserting ``make available
to the public'';
(B) by striking ``in the Federal Register'';
(C) by striking ``180'' and inserting ``120''; and
(D) by striking ``the special permit'' each place it
appears and inserting ``a special permit or approval''; and
(3) by adding at the end the following:
``(g) Disclosure of Final Action.--The Secretary shall
periodically, but at least every 120 days--
``(1) publish in the Federal Register notice of the final
disposition of each application for a new special permit,
modification to an existing special permit, or approval during the
preceding quarter; and
``(2) make available to the public on the Department of
Transportation's Internet Web site notice of the final disposition
of any other special permit during the preceding quarter.''.
SEC. 7205. ENHANCED REPORTING.
Section 5121(h) of title 49, United States Code, is amended by
striking ``transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate'' and inserting
``make available to the public on the Department of Transportation's
Internet Web site''.
SEC. 7206. WETLINES.
(a) Withdrawal.--Not later than 30 days after the date of enactment
of this Act, the Secretary shall withdraw the proposed rule described
in the notice of proposed rulemaking issued on January 27, 2011,
entitled ``Safety Requirements for External Product Piping on Cargo
Tanks Transporting Flammable Liquids'' (76 Fed. Reg. 4847).
(b) Savings Clause.--Nothing in this section shall prohibit the
Secretary from issuing standards or regulations regarding the safety of
external product piping on cargo tanks transporting flammable liquids
after the withdrawal is carried out pursuant to subsection (a).
SEC. 7207. GAO STUDY ON ACCEPTANCE OF CLASSIFICATION EXAMINATIONS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall evaluate and transmit to the Secretary, the Committee on
Transportation and Infrastructure of the House of Representatives, and
the Committee on Commerce, Science, and Transportation of the Senate, a
report on the standards, metrics, and protocols that the Secretary uses
to regulate the performance of persons approved to recommend hazard
classifications pursuant to section 173.56(b) of title 49, Code of
Federal Regulations (commonly referred to as ``third-party labs'').
(b) Evaluation.--The evaluation required under subsection (a)
shall--
(1) identify what standards and protocols are used to approve
such persons, assess the adequacy of such standards and protocols
to ensure that persons seeking approval are qualified and capable
of performing classifications, and make recommendations to address
any deficiencies identified;
(2) assess the adequacy of the Secretary's oversight of persons
approved to perform the classifications, including the
qualification of individuals engaged in the oversight of approved
persons, and make recommendations to enhance oversight sufficiently
to ensure that classifications are issued as required;
(3) identify what standards and protocols exist to rescind,
suspend, or deny approval of persons who perform such
classifications, assess the adequacy of such standards and
protocols, and make recommendations to enhance such standards and
protocols if necessary; and
(4) include annual data for fiscal years 2005 through 2015 on
the number of applications received for new classifications
pursuant to section 173.56(b) of title 49, Code of Federal
Regulations, of those applications how many classifications
recommended by persons approved by the Secretary were changed to
another classification and the reasons for the change, and how many
hazardous materials incidents have been attributed to a
classification recommended by such approved persons in the United
States.
(c) Action Plan.--Not later than 180 days after receiving the
report required under subsection (a), the Secretary shall make
available to the public a plan describing any actions the Secretary
will take to establish standards, metrics, and protocols based on the
findings and recommendations in the report to ensure that persons
approved to perform classification examinations required under section
173.56(b) of title 49, Code of Federal Regulations, can sufficiently
perform such examinations in a manner that meets the hazardous
materials regulations.
(d) Regulations.--If the report required under subsection (a)
recommends new regulations in order for the Secretary to have
confidence in the accuracy of classification recommendations rendered
by persons approved to perform classification examinations required
under section 173.56(b) of title 49, Code of Federal Regulations, the
Secretary shall consider such recommendations, and if determined
appropriate, issue regulations to address the recommendations not later
than 18 months after the date of the publication of the plan under
subsection (c).
SEC. 7208. HAZARDOUS MATERIALS ENDORSEMENT EXEMPTION.
The Secretary shall allow a State, at the discretion of the State,
to waive the requirement for a holder of a Class A commercial driver's
license to obtain a hazardous materials endorsement under part 383 of
title 49, Code of Federal Regulations, if the license holder--
(1) is acting within the scope of the license holder's
employment as an employee of a custom harvester operation,
agrichemical business, farm retail outlet and supplier, or
livestock feeder; and
(2) is operating a service vehicle that is--
(A) transporting diesel in a quantity of 3,785 liters
(1,000 gallons) or less; and
(B) clearly marked with a ``flammable'' or ``combustible''
placard, as appropriate.
Subtitle C--Safe Transportation of Flammable Liquids by Rail
SEC. 7301. COMMUNITY SAFETY GRANTS.
Section 5107 of title 49, United States Code, is amended by adding
at the end the following:
``(i) Community Safety Grants.--The Secretary shall establish a
competitive program for making grants to nonprofit organizations for--
``(1) conducting national outreach and training programs to
assist communities in preparing for and responding to accidents and
incidents involving the transportation of hazardous materials,
including Class 3 flammable liquids by rail; and
``(2) training State and local personnel responsible for
enforcing the safe transportation of hazardous materials, including
Class 3 flammable liquids.''.
SEC. 7302. 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 appropriate Federal
agencies, shall issue regulations that--
(1) 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 the fusion center with
secure and confidential access to the electronic train consist
information described in subparagraph (A) for each train
transporting hazardous materials in the jurisdiction of the
fusion center;
(2) require each applicable fusion center to provide the
electronic train consist information described in paragraph (1)(A)
to State and local first responders, emergency response officials,
and law enforcement personnel that are involved in the response to
or investigation of an accident, incident, or public health or
safety emergency involving the rail transportation of hazardous
materials and that request such electronic train consist
information;
(3) require each Class I railroad to provide advanced
notification and information on high-hazard flammable trains to
each State emergency response commission, consistent with the
notification content requirements in Emergency Order Docket No.
DOT-OST-2014-0067, including--
(A) a reasonable estimate of the number of implicated
trains that are expected to travel, per week, through each
county within the applicable State;
(B) updates to such estimate prior to making any material
changes to any volumes or frequencies of trains traveling
through a county;
(C) identification and a description of the Class 3
flammable liquid being transported on such trains;
(D) applicable emergency response information, as required
by regulation;
(E) identification of the routes over which such liquid
will be transported; and
(F) a point of contact at the Class I railroad responsible
for serving as the point of contact for State emergency
response centers and local emergency responders related to the
Class I railroad's transportation of such liquid.
(4) require each applicable State emergency response commission
to provide to a political subdivision of a State, or public agency
responsible for emergency response or law enforcement, upon request
of the political subdivision or public agency, the information the
commission receives from a Class I railroad pursuant to paragraph
(3), including, for any such political subdivision or public agency
responsible for emergency response or law enforcement that makes an
initial request for such information, any updates received by the
State emergency response commission.
(5) prohibit any Class I 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;
(6) establish security and confidentiality protections,
including protections from the public release of proprietary
information or security-sensitive information, to prevent the
release to unauthorized persons any electronic train consist
information or advanced notification or information provided by
Class I railroads under this section; and
(7) allow each Class I railroad to enter into a memorandum of
understanding with any Class II railroad or Class III railroad that
operates trains over the Class I railroad's line to incorporate the
Class II railroad 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; class ii railroad; class iii railroad.--
The terms ``Class I railroad'', ``Class II railroad'', and ``Class
III railroad'' have the meaning given those terms in section 20102
of title 49, United States Code.
(3) Class 3 flammable liquid.--The term ``Class 3 flammable
liquid'' has the meaning given the term flammable liquid in section
173.120(a) of title 49, Code of Federal Regulations.
(4) Fusion center.--The term ``fusion center'' has the meaning
given the term in section 210A(j) of the Homeland Security Act of
2002 (6 U.S.C. 124h(j)).
(5) Hazardous material.--The term ``hazardous material'' means
a substance or material the Secretary designates as hazardous under
section 5103 of title 49, United States Code.
(6) 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.
(7) 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.--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.
SEC. 7303. EMERGENCY RESPONSE.
(a) In General.--The Comptroller General of the United States 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
Comptroller General 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 Comptroller General 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. 7304. PHASE-OUT OF ALL TANK CARS USED TO TRANSPORT CLASS 3
FLAMMABLE LIQUIDS.
(a) In General.--Except as provided for in subsection (b),
beginning on the date of enactment of this Act, all DOT-111
specification railroad tank cars used to transport Class 3 flammable
liquids shall meet the DOT-117, DOT-117P, or DOT-117R specifications in
part 179 of title 49, Code of Federal Regulations, regardless of train
composition.
(b) Phase-Out Schedule.--Certain tank cars not meeting DOT-117,
DOT-117P, or DOT-117R specifications on the date of enactment of this
Act may be used, regardless of train composition, until the following
end-dates:
(1) For transport of unrefined petroleum products in Class 3
flammable service, including crude oil--
(A) January 1, 2018, for non-jacketed DOT-111 tank cars;
(B) March 1, 2018, for jacketed DOT-111 tank cars;
(C) April 1, 2020, for non-jacketed CPC-1232 tank cars; and
(D) May 1, 2025, for jacketed CPC-1232 tank cars.
(2) For transport of ethanol--
(A) May 1, 2023, for non-jacketed and jacketed DOT-111 tank
cars;
(B) July 1, 2023, for non-jacketed CPC-1232 tank cars; and
(C) May 1, 2025, for jacketed CPC-1232 tank cars.
(3) For transport of Class 3 flammable liquids in Packing Group
I, other than Class 3 flammable liquids specified in paragraphs (1)
and (2), May 1, 2025.
(4) For transport of Class 3 flammable liquids in Packing
Groups II and III, other than Class 3 flammable liquids specified
in paragraphs (1) and (2), May 1, 2029.
(c) Retrofitting Shop Capacity.--The Secretary may extend the
deadlines established under paragraphs (3) and (4) of subsection (b)
for a period not to exceed 2 years if the Secretary determines that
insufficient retrofitting shop capacity will prevent the phase-out of
tank cars not meeting the DOT-117, DOT-117P, or DOT-117R specifications
by the deadlines set forth in such paragraphs.
(d) Conforming Regulatory Amendments.--
(1) In general.--Immediately after the date of enactment of
this section, the Secretary--
(A) shall remove or revise the date-specific deadlines in
any applicable regulations or orders to the extent necessary to
conform with the requirements of this section; and
(B) may not enforce any such date-specific deadlines or
requirements that are inconsistent with the requirements of
this section.
(2) Implementation.--Nothing in this section shall be construed
to require the Secretary to issue regulations, except as required
under paragraph (1), to implement this section.
(e) Savings Clause.--Nothing in this section shall be construed to
prohibit the Secretary from implementing the final rule issued on May
08, 2015, entitled ``Enhanced Tank Car Standards and Operational
Controls for High-Hazard Flammable Trains'' (80 Fed. Reg. 26643), other
than the provisions of the final rule that are inconsistent with this
section.
(f) Class 3 Flammable Liquid Defined.--In this section, the term
``Class 3 flammable liquid'' has the meaning given the term flammable
liquid in section 173.120(a) of title 49, Code of Federal Regulations.
SEC. 7305. THERMAL BLANKETS.
(a) Requirements.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue such regulations as
are necessary to require that each tank car built to meet the DOT-117
specification and each non-jacketed tank car modified to meet the DOT-
117R specification be equipped with an insulating blanket with at least
\1/2\-inch-thick material that has been approved by the Secretary
pursuant to section 179.18(c) of title 49, Code of Federal Regulations.
(b) Savings Clause.--Nothing in this section shall prohibit the
Secretary from approving new or alternative technologies or materials
as they become available that provide a level of safety at least
equivalent to the level of safety provided for under subsection (a).
SEC. 7306. MINIMUM REQUIREMENTS FOR TOP FITTINGS PROTECTION FOR CLASS
DOT-117R TANK CARS.
(a) Protective Housing.--Except as provided in subsections (b) and
(c), top fittings on DOT specification 117R tank cars shall be located
inside a protective housing not less than \1/2\-inch in thickness and
constructed of a material having a tensile strength not less than 65
kilopound per square inch and conform to the following specifications:
(1) The protective housing shall be as tall as the tallest
valve or fitting involved and the height of a valve or fitting
within the protective housing must be kept to the minimum
compatible with their proper operation.
(2) The protective housing or cover may not reduce the flow
capacity of the pressure relief device below the minimum required.
(3) The protective housing shall provide a means of drainage
with a minimum flow area equivalent to six 1-inch diameter holes.
(4) When connected to the nozzle or fittings cover plate and
subject to a horizontal force applied perpendicular to and
uniformly over the projected plane of the protective housing, the
tensile connection strength of the protective housing shall be
designed to be--
(A) no greater than 70 percent of the nozzle to tank
tensile connection strength;
(B) no greater than 70 percent of the cover plate to nozzle
connection strength; and
(C) no less than either 40 percent of the nozzle to tank
tensile connection strength or the shear strength of twenty \1/
2\-inch bolts.
(b) Pressure Relief Devices.--
(1) The pressure relief device shall be located inside the
protective housing, unless space does not permit. If multiple
pressure relief devices are equipped, no more than 1 may be located
outside of a protective housing.
(2) The highest point on any pressure relief device located
outside of a protective housing may not be more than 12 inches
above the tank jacket.
(3) The highest point on the closure of any unused pressure
relief device nozzle may not be more than 6 inches above the tank
jacket.
(c) Alternative Protection.--As an alternative to the protective
housing requirements in subsection (a) of this section, the tank car
may be equipped with a system that prevents the release of product from
any top fitting in the case of an incident where any top fitting would
be sheared off.
(d) Implementation.--Nothing in this section shall be construed to
require the Secretary to issue regulations to implement this section.
(e) Savings Clause.--Nothing in this section shall prohibit the
Secretary from approving new technologies, methods or requirements that
provide a level of safety equivalent to or greater than the level of
safety provided for in this section.
SEC. 7307. RULEMAKING ON OIL SPILL RESPONSE PLANS.
The Secretary shall, not later than 30 days after the date of
enactment of this Act and every 90 days thereafter until a final rule
based on the advanced notice of proposed rulemaking issued on August 1,
2014, entitled ``Hazardous Materials: Oil Spill Response Plans for
High-Hazard Flammable Trains'' (79 Fed. Reg. 45079) is promulgated,
notify the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate in writing of--
(1) the status of such rulemaking;
(2) any reasons why such final rule has not been implemented;
(3) a plan for completing such final rule as soon as
practicable; and
(4) the estimated date of completion of such final rule.
SEC. 7308. 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 rail tank cars used to
transport Class 3 flammable liquids by the applicable deadlines
established in section 7304.
(b) Tank Car Data.--The Secretary shall collect data from shippers
and rail 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 to
transport Class 3 flammable liquids 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
anticipated 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, 2029.
(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 required
by 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--
(A) designate the Director of the Bureau of Transportation
Statistics to collect data under subsection (b) and the survey
data under subsection (c); and
(B) 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 submit a written
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) Definition of Class 3 Flammable Liquid.--In this section, the
term ``Class 3 flammable liquid'' has the meaning given the term
flammable liquid in section 173.120 of title 49, Code of Federal
Regulations.
SEC. 7309. 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 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 Plan study; and
(2) recommendations, based on the findings of the study, for--
(A) regulations by the Secretary of Transportation or the
Secretary of Energy to improve the safe transport of crude oil;
and
(B) legislation to improve the safe transport of crude oil.
SEC. 7310. HAZARDOUS MATERIALS BY RAIL LIABILITY STUDY.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall initiate a study on the
levels and structure of insurance for railroad carriers transporting
hazardous materials.
(b) Contents.--ln conducting the study under subsection (a), the
Secretary shall evaluate--
(1) the level and structure of insurance, including self-
insurance, available in the private market against the full
liability potential for damages arising from an accident or
incident involving a train transporting hazardous materials;
(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; and
(3) the potential applicability, for a train transporting
hazardous materials, of an alternative insurance model, including--
(A) a secondary liability coverage pool or pools to
supplement commercial insurance; and
(B) other models administered by the Federal Government.
(c) Report.--Not later than 1 year after the date the study under
subsection (a) is initiated, the Secretary shall submit a report
containing the results of the study and recommendations for addressing
liability issues with rail transportation of hazardous materials to--
(1) the Committee on Commerce, Science, and Transportation of
the Senate; and
(2) the Committee on Transportation and Infrastructure of the
House of Representatives.
(d) Definitions.--ln this section:
(1) Hazardous material.--The term ``hazardous material'' means
a substance or material the Secretary designates as hazardous under
section 5103 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. 7311. STUDY AND TESTING OF ELECTRONICALLY CONTROLLED PNEUMATIC
BRAKES.
(a) Government Accountability Office Study.--
(1) In general.--The Comptroller General of the United States
shall conduct an independent evaluation of ECP brake systems, pilot
program data, and the Department's research and analysis on the
costs, benefits, and effects of ECP brake systems.
(2) Study elements.--In completing the independent evaluation
under paragraph (1), the Comptroller General shall examine the
following issues related to ECP brake systems:
(A) Data and modeling results on safety benefits relative
to conventional brakes and to other braking technologies or
systems, such as distributed power and 2-way end-of-train
devices.
(B) Data and modeling results on business benefits,
including the effects of dynamic braking.
(C) Data on costs, including up-front capital costs and on-
going maintenance costs.
(D) Analysis of potential operational benefits and
challenges, including the effects of potential locomotive and
car segregation, technical reliability issues, and network
disruptions.
(E) Analysis of potential implementation challenges,
including installation time, positive train control integration
complexities, component availability issues, and tank car shop
capabilities.
(F) Analysis of international experiences with the use of
advanced braking technologies.
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall transmit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
independent evaluation under paragraph (1).
(b) Emergency Braking Application Testing.--
(1) In general.--The Secretary shall enter into an agreement
with the National Academy of Sciences to--
(A) complete testing of ECP brake systems during emergency
braking application, including more than 1 scenario involving
the uncoupling of a train with 70 or more DOT-117 specification
or DOT-117R specification tank cars; and
(B) transmit, not later than 18 months after the date of
enactment of this Act, to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the results of the testing.
(2) Independent experts.--In completing the testing under
paragraph (1)(A), the National Academy of Sciences may contract
with 1 or more engineering or rail experts, as appropriate, that--
(A) are not railroad carriers, entities funded by such
carriers, or entities directly impacted by the final rule
issued on May 8, 2015, entitled ``Enhanced Tank Car Standards
and Operational Controls for High-Hazard Flammable Trains'' (80
Fed. Reg. 26643); and
(B) have relevant experience in conducting railroad safety
technology tests or similar crash tests.
(3) Testing framework.--In completing the testing under
paragraph (1), the National Academy of Sciences and each contractor
described in paragraph (2) shall ensure that the testing
objectively, accurately, and reliably measures the performance of
ECP brake systems relative to other braking technologies or
systems, such as distributed power and 2-way end-of-train devices,
including differences in--
(A) the number of cars derailed;
(B) the number of cars punctured;
(C) the measures of in-train forces; and
(D) the stopping distance.
(4) Funding.--The Secretary shall provide funding, as part of
the agreement under paragraph (1), to the National Academy of
Sciences for the testing required under this section--
(A) using sums made available to carry out sections 20108
and 5118 of title 49, United States Code; and
(B) to the extent funding under subparagraph (A) is
insufficient or unavailable to fund the testing required under
this section, using such sums as are necessary from the amounts
appropriated to the Secretary, the Federal Railroad
Administration, or the Pipeline and Hazardous Materials Safety
Administration, or a combination thereof.
(5) Equipment.--
(A) Receipt.--The National Academy of Sciences and each
contractor described in paragraph (2) may receive or use
rolling stock, track, and other equipment or infrastructure
from a railroad carrier or other private entity for the
purposes of conducting the testing required under this section.
(B) Contracted use.--Notwithstanding paragraph (2)(A), to
facilitate testing, the National Academy of Sciences and each
contractor may contract with a railroad carrier or any other
private entity for the use of such carrier or entity's rolling
stock, track, or other equipment and receive technical
assistance on their use.
(c) Evidence-Based Approach.--
(1) Analysis.--The Secretary shall--
(A) not later than 90 days after the report date, fully
incorporate the results of the evaluation under subsection (a)
and the testing under subsection (b) and update the regulatory
impact analysis of the final rule described in subsection
(b)(2)(A) of the costs, benefits, and effects of the applicable
ECP brake system requirements;
(B) as soon as practicable after completion of the updated
analysis under subparagraph (A), solicit public comment in the
Federal Register on the analysis for a period of not more than
30 days; and
(C) not later than 60 days after the end of the public
comment period under subparagraph (B), post the final updated
regulatory impact analysis on the Department of
Transportation's Internet Web site.
(2) Determination.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) determine, based on whether the final regulatory impact
analysis described in paragraph (1)(C) demonstrates that the
benefits, including safety benefits, of the applicable ECP
brake system requirements exceed the costs of such
requirements, whether the applicable ECP brake system
requirements are justified;
(B) if the applicable ECP brake system requirements are
justified, publish in the Federal Register the determination
and reasons for such determination; and
(C) if the Secretary does not publish the determination
under subparagraph (B), repeal the applicable ECP brake system
requirements.
(3) Savings clause.--Nothing in this section shall be construed
to prohibit the Secretary from implementing the final rule
described under subsection (b)(2)(A) prior to the determination
required under subsection (c)(2) of this section, or require the
Secretary to promulgate a new rule on the provisions of such final
rule, other than on the applicable ECP brake system requirements,
if the Secretary does not determine that the applicable ECP brake
system requirements are justified pursuant to this subsection.
(d) Definitions.--In this section, the following definitions apply:
(1) Applicable ecp brake system requirements.--The term
``applicable ECP brake system requirements'' means sections
174.310(a)(3)(ii), 174.310(a)(3)(iii), 174.310(a)(5)(v), 179.202-
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 flammable liquid in section
173.120(a) of title 49, Code of Federal Regulations.
(3) ECP.--The term ``ECP'' means electronically controlled
pneumatic when applied to a brake or brakes.
(4) ECP brake mode.--The term ``ECP brake mode'' includes any
operation of a rail car or an entire train using an ECP brake
system.
(5) ECP brake system.--
(A) In general.--The term ``ECP brake system'' means a
train power braking system actuated by compressed air and
controlled by electronic signals from the locomotive or an ECP-
EOT to the cars in the consist for service and emergency
applications in which the brake pipe is used to provide a
constant supply of compressed air to the reservoirs on each car
but does not convey braking signals to the car.
(B) Inclusions.--The term ``ECP brake system'' includes
dual mode and stand-alone ECP brake systems.
(6) Railroad carrier.--The term ``railroad carrier'' has the
meaning given the term in section 20102 of title 49, United States
Code.
(7) Report date.--The term ``report date'' means the date that
the reports under subsections (a)(3) and (b)(1)(B) are required to
be transmitted pursuant to those subsections.
TITLE VIII--MULTIMODAL FREIGHT TRANSPORTATION
SEC. 8001. MULTIMODAL FREIGHT TRANSPORTATION.
(a) In General.--Subtitle IX of title 49, United States Code, is
amended to read as follows:
``Subtitle IX--Multimodal Freight Transportation
``Chapter
Sec.
``701. Multimodal freight policy.................................. 70101
``702. Multimodal freight transportation planning and information. 70201
``CHAPTER 701--MULTIMODAL FREIGHT POLICY
``Sec.
``70101. National multimodal freight policy.
``70102. National freight strategic plan.
``70103. National Multimodal Freight Network.
``Sec. 70101. National multimodal freight policy
``(a) In General.--It is the policy of the United States to
maintain and improve the condition and performance of the National
Multimodal Freight Network established under section 70103 to ensure
that the Network provides a foundation for the United States to compete
in the global economy and achieve the goals described in subsection
(b).
``(b) Goals.--The goals of the national multimodal freight policy
are--
``(1) to identify infrastructure improvements, policies, and
operational innovations that--
``(A) strengthen the contribution of the National
Multimodal Freight Network to the economic competitiveness of
the United States;
``(B) reduce congestion and eliminate bottlenecks on the
National Multimodal Freight Network; and
``(C) increase productivity, particularly for domestic
industries and businesses that create high-value jobs;
``(2) to improve the safety, security, efficiency, and
resiliency of multimodal freight transportation;
``(3) to achieve and maintain a state of good repair on the
National Multimodal Freight Network;
``(4) to use innovation and advanced technology to improve the
safety, efficiency, and reliability of the National Multimodal
Freight Network;
``(5) to improve the economic efficiency and productivity of
the National Multimodal Freight Network;
``(6) to improve the reliability of freight transportation;
``(7) to improve the short- and long-distance movement of goods
that--
``(A) travel across rural areas between population centers;
``(B) travel between rural areas and population centers;
and
``(C) travel from the Nation's ports, airports, and
gateways to the National Multimodal Freight Network;
``(8) to improve the flexibility of States to support multi-
State corridor planning and the creation of multi-State
organizations to increase the ability of States to address
multimodal freight connectivity;
``(9) to reduce the adverse environmental impacts of freight
movement on the National Multimodal Freight Network; and
``(10) to pursue the goals described in this subsection in a
manner that is not burdensome to State and local governments.
``(c) Implementation.--The Under Secretary of Transportation for
Policy, who shall be responsible for the oversight and implementation
of the national multimodal freight policy, shall--
``(1) carry out sections 70102 and 70103;
``(2) assist with the coordination of modal freight planning;
and
``(3) identify interagency data sharing opportunities to
promote freight planning and coordination.
``Sec. 70102. National freight strategic plan
``(a) In General.--Not later than 2 years after the date of
enactment of this section, the Under Secretary of Transportation for
Policy shall--
``(1) develop a national freight strategic plan in accordance
with this section; and
``(2) publish the plan on the public Internet Web site of the
Department of Transportation.
``(b) Contents.--The national freight strategic plan shall
include--
``(1) an assessment of the condition and performance of the
National Multimodal Freight Network established under section
70103;
``(2) forecasts of freight volumes for the succeeding 5-, 10-,
and 20-year periods;
``(3) an identification of major trade gateways and national
freight corridors that connect major population centers, trade
gateways, and other major freight generators;
``(4) an identification of bottlenecks on the National
Multimodal Freight Network that create significant freight
congestion, based on a quantitative methodology developed by the
Under Secretary, which shall include, at a minimum--
``(A) information from the Freight Analysis Framework of
the Federal Highway Administration; and
``(B) to the maximum extent practicable, an estimate of the
cost of addressing each bottleneck and any operational
improvements that could be implemented;
``(5) an assessment of statutory, regulatory, technological,
institutional, financial, and other barriers to improved freight
transportation performance, and a description of opportunities for
overcoming the barriers;
``(6) a process for addressing multistate projects and
encouraging jurisdictions to collaborate;
``(7) strategies to improve freight intermodal connectivity;
``(8) an identification of corridors providing access to energy
exploration, development, installation, or production areas;
``(9) an identification of corridors providing access to major
areas for manufacturing, agriculture, or natural resources;
``(10) an identification of best practices for improving the
performance of the National Multimodal Freight Network, including
critical commerce corridors and rural and urban access to critical
freight corridors; and
``(11) an identification of best practices to mitigate the
impacts of freight movement on communities.
``(c) Updates.--Not later than 5 years after the date of completion
of the national freight strategic plan under subsection (a), and every
5 years thereafter, the Under Secretary shall update the plan and
publish the updated plan on the public Internet Web site of the
Department of Transportation.
``(d) Consultation.--The Under Secretary shall develop and update
the national freight strategic plan--
``(1) after providing notice and an opportunity for public
comment; and
``(2) in consultation with State departments of transportation,
metropolitan planning organizations, and other appropriate public
and private transportation stakeholders.
``Sec. 70103. National Multimodal Freight Network
``(a) In General.--The Under Secretary of Transportation for Policy
shall establish a National Multimodal 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 the Network;
``(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
70101(b) of this title and the national highway freight program
goals described in section 167 of title 23.
``(b) Interim Network.--
``(1) In general.--Not later than 180 days after the date of
enactment of this section, the Under Secretary shall establish an
interim National Multimodal Freight Network in accordance with this
subsection.
``(2) Network components.--The interim National Multimodal
Freight Network shall include--
``(A) the National Highway Freight Network, as established
under section 167 of title 23;
``(B) the freight rail systems of Class I railroads, as
designated by the Surface Transportation Board;
``(C) the public ports of the United States that have total
annual foreign and domestic trade of at least 2,000,000 short
tons, as identified by the Waterborne Commerce Statistics
Center of the Army Corps of Engineers, using the data from the
latest year for which such data is available;
``(D) the inland and intracoastal waterways of the United
States, as described in section 206 of the Inland Waterways
Revenue Act of 1978 (33 U.S.C. 1804);
``(E) the Great Lakes, the St. Lawrence Seaway, and coastal
and ocean routes along which domestic freight is transported;
``(F) the 50 airports located in the United States with the
highest annual landed weight, as identified by the Federal
Aviation Administration; and
``(G) other strategic freight assets, including strategic
intermodal facilities and freight rail lines of Class II and
Class III railroads, designated by the Under Secretary as
critical to interstate commerce.
``(c) Final Network.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Under Secretary, after soliciting
input from stakeholders, including multimodal freight system users,
transportation providers, metropolitan planning organizations,
local governments, ports, airports, railroads, and States, through
a public process to identify critical freight facilities and
corridors, including critical commerce corridors, that are vital to
achieve the national multimodal freight policy goals described in
section 70101(b) of this title and the national highway freight
program goals described in section 167 of title 23, and after
providing notice and an opportunity for comment on a draft system,
shall designate a National Multimodal Freight Network 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, destinations, and linking
components of domestic and international supply chains.
``(2) Factors.--In designating or redesignating the National
Multimodal Freight Network, the Under 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) facilities and transportation corridors identified by
a multi-State coalition, a State, a State freight advisory
committee, or a metropolitan planning organization, using
national or local data, as having critical freight importance
to the region;
``(K) major distribution centers, inland intermodal
facilities, and first- and last-mile facilities; and
``(L) the significance of goods movement, including
consideration of global and domestic supply chains.
``(3) Considerations.--In designating or redesignating the
National Multimodal Freight Network, the Under Secretary shall--
``(A) use, to the extent practicable, measurable data to
assess the significance of goods movement, including the
consideration of points of origin, destinations, and linking
components of the United States global and domestic supply
chains;
``(B) consider--
``(i) the factors described in paragraph (2); and
``(ii) any changes in the economy that affect freight
transportation network demand; and
``(C) provide the States with an opportunity to submit
proposed designations in accordance with paragraph (4).
``(4) State input.--
``(A) In general.--Each State that proposes additional
designations for the National Multimodal Freight Network
shall--
``(i) consider nominations for additional designations
from metropolitan planning organizations and State freight
advisory committees, as applicable, within the State;
``(ii) consider nominations for 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) Critical rural freight facilities and corridors.--As
part of the designations under subparagraph (A), a State may
designate a freight facility or corridor within the borders of
the State as a critical rural freight facility or corridor if
the facility or corridor--
``(i) is a rural principal arterial;
``(ii) provides access or service to energy
exploration, development, installation, or production
areas;
``(iii) provides access or service to--
``(I) a grain elevator;
``(II) an agricultural facility;
``(III) a mining facility;
``(IV) a forestry facility; or
``(V) an intermodal facility;
``(iv) connects to an international port of entry;
``(v) provides access to a significant air, rail,
water, or other freight facility in the State; or
``(vi) has been determined by the State to be vital to
improving the efficient movement of freight of importance
to the economy of the State.
``(C) Limitation.--
``(i) In general.--A State may propose additional
designations to the National Multimodal Freight Network in
the State in an amount that is not more than 20 percent of
the total mileage designated by the Under Secretary in the
State.
``(ii) Determination by under secretary.--The Under
Secretary shall determine how to apply the limitation under
clause (i) to the components of the National Multimodal
Freight Network.
``(D) Submission and certification.--A State shall submit
to the Under Secretary--
``(i) a list of any additional designations proposed to
be added under this paragraph; and
``(ii) a certification that--
``(I) the State has satisfied the requirements of
subparagraph (A); and
``(II) the designations referred to in clause (i)
address the factors for designation described in this
subsection.
``(d) Redesignation of National Multimodal Freight Network.--Not
later than 5 years after the initial designation under subsection (c),
and every 5 years thereafter, the Under Secretary, using the
designation factors described in subsection (c), shall redesignate the
National Multimodal Freight Network.
``CHAPTER 702--MULTIMODAL FREIGHT TRANSPORTATION PLANNING AND
INFORMATION
``Sec.
``70201. State freight advisory committees.
``70202. State freight plans.
``70203. Transportation investment data and planning tools.
``70204. Savings provision.
``Sec. 70201. State freight advisory committees
``(a) In General.--The Secretary of Transportation shall encourage
each State to establish a freight advisory committee consisting of a
representative cross-section of public and private sector freight
stakeholders, including representatives of ports, freight railroads,
shippers, carriers, freight-related associations, third-party logistics
providers, the freight industry workforce, the transportation
department of the State, and local governments.
``(b) Role of Committee.--A freight advisory committee of a State
described in subsection (a) shall--
``(1) advise the State on freight-related priorities, issues,
projects, and funding needs;
``(2) serve as a forum for discussion for State transportation
decisions affecting freight mobility;
``(3) communicate and coordinate regional priorities with other
organizations;
``(4) promote the sharing of information between the private
and public sectors on freight issues; and
``(5) participate in the development of the freight plan of the
State described in section 70202.
``Sec. 70202. State freight plans
``(a) In General.--Each State that receives funding under section
167 of title 23 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 State 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--
``(A) multimodal critical rural freight facilities and
corridors designated within the State under section 70103 of
this title; and
``(B) critical rural and urban freight corridors designated
within the State under section 167 of title 23;
``(4) a description of how the plan will improve the ability of
the State to meet the national multimodal freight policy goals
described in section 70101(b) of this title and the national
highway freight program goals described in section 167 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 the 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 for those facilities
that are State owned or operated, a description of the strategies
the State is employing to address the freight mobility issues;
``(8) consideration of any significant congestion or delay
caused by freight movements and any strategies to mitigate that
congestion or delay;
``(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; and
``(10) consultation with the State freight advisory committee,
if applicable.
``(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.--A State freight plan described in
subsection (a) shall address a 5-year forecast period.
``(e) Updates.--
``(1) In general.--A State shall update a State freight plan
described in subsection (a) not less frequently than once every 5
years.
``(2) Freight investment plan.--A State may update a freight
investment plan described in subsection (b)(9) more frequently than
is required under paragraph (1).
``Sec. 70203. Transportation investment data and planning tools
``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary of Transportation 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 collaboration 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. 70204. Savings provision
``Nothing in this subtitle provides additional authority to
regulate or direct private activity on freight networks designated
under this subtitle.''.
(b) Clerical Amendment.--The analysis of subtitles for title 49,
United States Code, is amended by striking the item relating to
subtitle IX and inserting the following:
``IX. Multimodal Freight Transportation.........................70101''.
TITLE IX--NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU
SEC. 9001. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE
BUREAU.
(a) In General.--Chapter 1 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 116. National Surface Transportation and Innovative Finance
Bureau
``(a) Establishment.--The Secretary of Transportation shall
establish a National Surface Transportation and Innovative Finance
Bureau in the Department.
``(b) Purposes.--The purposes of the Bureau shall be--
``(1) to provide assistance and communicate best practices and
financing and funding opportunities to eligible entities for the
programs referred to in subsection (d)(1);
``(2) to administer the application processes for programs
within the Department in accordance with subsection (d);
``(3) to promote innovative financing best practices in
accordance with subsection (e);
``(4) to reduce uncertainty and delays with respect to
environmental reviews and permitting in accordance with subsection
(f); and
``(5) to reduce costs and risks to taxpayers in project
delivery and procurement in accordance with subsection (g).
``(c) Executive Director.--
``(1) Appointment.--The Bureau shall be headed by an Executive
Director, who shall be appointed in the competitive service by the
Secretary, with the approval of the President.
``(2) Duties.--The Executive Director shall--
``(A) report to the Under Secretary of Transportation for
Policy;
``(B) be responsible for the management and oversight of
the daily activities, decisions, operations, and personnel of
the Bureau;
``(C) support the Council on Credit and Finance established
under section 117 in accordance with this section; and
``(D) carry out such additional duties as the Secretary may
prescribe.
``(d) Administration of Certain Application Processes.--
``(1) In general.--The Bureau shall administer the application
processes for the following programs:
``(A) The infrastructure finance programs authorized under
chapter 6 of title 23.
``(B) The railroad rehabilitation and improvement financing
program authorized under sections 501 through 503 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821-823).
``(C) Amount allocations authorized under section 142(m) of
the Internal Revenue Code of 1986.
``(D) The nationally significant freight and highway
projects program under section 117 of title 23.
``(2) Congressional notification.--The Executive Director shall
ensure that the congressional notification requirements for each
program referred to in paragraph (1) are followed in accordance
with the statutory provisions applicable to the program.
``(3) Reports.--The Executive Director shall ensure that the
reporting requirements for each program referred to in paragraph
(1) are followed in accordance with the statutory provisions
applicable to the program.
``(4) Coordination.--In administering the application processes
for the programs referred to in paragraph (1), the Executive
Director shall coordinate with appropriate officials in the
Department and its modal administrations responsible for
administering such programs.
``(5) Streamlining approval processes.--Not later than 1 year
after the date of enactment of this section, the Executive Director
shall submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation, the Committee on Banking, Housing, and
Urban Affairs, and the Committee on Environment and Public Works of
the Senate a report that--
``(A) evaluates the application processes for the programs
referred to in paragraph (1);
``(B) identifies administrative and legislative actions
that would improve the efficiency of the application processes
without diminishing Federal oversight; and
``(C) describes how the Executive Director will implement
administrative actions identified under subparagraph (B) that
do not require an Act of Congress.
``(6) Procedures and transparency.--
``(A) Procedures.--With respect to the programs referred to
in paragraph (1), the Executive Director shall--
``(i) establish procedures for analyzing and evaluating
applications and for utilizing the recommendations of the
Council on Credit and Finance;
``(ii) establish procedures for addressing late-
arriving applications, as applicable, and communicating the
Bureau's decisions for accepting or rejecting late
applications to the applicant and the public; and
``(iii) document major decisions in the application
evaluation process through a decision memorandum or similar
mechanism that provides a clear rationale for such
decisions.
``(B) Review.--
``(i) In general.--The Comptroller General of the
United States shall review the compliance of the Executive
Director with the requirements of this paragraph.
``(ii) Recommendations.--The Comptroller General may
make recommendations to the Executive Director in order to
improve compliance with the requirements of this paragraph.
``(iii) Report.--Not later than 3 years after the date
of enactment of this section, the Comptroller General shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Commerce, Science, and Transportation of the Senate a
report on the results of the review conducted under clause
(i), including findings and recommendations for
improvement.
``(e) Innovative Financing Best Practices.--
``(1) In general.--The Bureau shall work with the modal
administrations within the Department, eligible entities, and other
public and private interests to develop and promote best practices
for innovative financing and public-private partnerships.
``(2) Activities.--The Bureau shall carry out paragraph (1)--
``(A) by making Federal credit assistance programs more
accessible to eligible recipients;
``(B) by providing advice and expertise to eligible
entities that seek to leverage public and private funding;
``(C) by sharing innovative financing best practices and
case studies from eligible entities with other eligible
entities that are interested in utilizing innovative financing
methods; and
``(D) by developing and monitoring--
``(i) best practices with respect to standardized State
public-private partnership authorities and practices,
including best practices related to--
``(I) accurate and reliable assumptions for
analyzing public-private partnership procurements;
``(II) procedures for the handling of unsolicited
bids;
``(III) policies with respect to noncompete
clauses; and
``(IV) other significant terms of public-private
partnership procurements, as determined appropriate by
the Bureau;
``(ii) standard contracts for the most common types of
public-private partnerships for transportation facilities;
and
``(iii) analytical tools and other techniques to aid
eligible entities in determining the appropriate project
delivery model, including a value for money analysis.
``(3) Transparency.--The Bureau shall--
``(A) ensure the transparency of a project receiving credit
assistance under a program referred to in subsection (d)(1) and
procured as a public-private partnership by--
``(i) requiring the sponsor of the project to undergo a
value for money analysis or a comparable analysis prior to
deciding to advance the project as a public-private
partnership;
``(ii) requiring the analysis required under
subparagraph (A), and other key terms of the relevant
public-private partnership agreement, to be made publicly
available by the project sponsor at an appropriate time;
``(iii) not later than 3 years after the date of
completion of the project, requiring the sponsor of the
project to conduct a review regarding whether the private
partner is meeting the terms of the relevant public-private
partnership agreement; and
``(iv) providing a publicly available summary of the
total level of Federal assistance in such project; and
``(B) develop guidance to implement this paragraph that
takes into consideration variations in State and local laws and
requirements related to public-private partnerships.
``(4) Support to project sponsors.--At the request of an
eligible entity, the Bureau shall provide technical assistance to
the eligible entity regarding proposed public-private partnership
agreements for transportation facilities, including assistance in
performing a value for money analysis or comparable analysis.
``(f) Environmental Review and Permitting.--
``(1) In general.--The Bureau shall take actions that are
appropriate and consistent with the Department's goals and policies
to improve the delivery timelines for projects carried out under
the programs referred to in subsection (d)(1).
``(2) Activities.--The Bureau shall carry out paragraph (1)--
``(A) by serving as the Department's liaison to the Council
on Environmental Quality;
``(B) by coordinating efforts to improve the efficiency and
effectiveness of the environmental review and permitting
process;
``(C) by providing technical assistance and training to
field and headquarters staff of Federal agencies on policy
changes and innovative approaches to the delivery of projects;
and
``(D) by identifying, developing, and tracking metrics for
permit reviews and decisions by Federal agencies for projects
under the National Environmental Policy Act of 1969.
``(3) Support to project sponsors.--At the request of an
eligible entity that is carrying out a project under a program
referred to in subsection (d)(1), the Bureau, in coordination with
the appropriate modal administrations within the Department, shall
provide technical assistance with regard to the compliance of the
project with the requirements of the National Environmental Policy
Act 1969 and relevant Federal environmental permits.
``(g) Project Procurement.--
``(1) In general.--The Bureau shall promote best practices in
procurement for a project receiving assistance under a program
referred to in subsection (d)(1) by developing, in coordination
with modal administrations within the Department as appropriate,
procurement benchmarks in order to ensure accountable expenditure
of Federal assistance over the life cycle of the project.
``(2) Procurement benchmarks.--To the maximum extent
practicable, the procurement benchmarks developed under paragraph
(1) shall--
``(A) establish maximum thresholds for acceptable project
cost increases and delays in project delivery;
``(B) establish uniform methods for States to measure cost
and delivery changes over the life cycle of a project; and
``(C) be tailored, as necessary, to various types of
project procurements, including design-bid-build, design-build,
and public-private partnerships.
``(3) Data collection.--The Bureau shall--
``(A) collect information related to procurement benchmarks
developed under paragraph (1), including project specific
information detailed under paragraph (2); and
``(B) provide on a publicly accessible Internet Web site of
the Department a report on the information collected under
subparagraph (A).
``(h) Elimination and Consolidation of Duplicative Offices.--
``(1) Elimination of offices.--The Secretary may eliminate any
office within the Department if the Secretary determines that--
``(A) the purposes of the office are duplicative of the
purposes of the Bureau; and
``(B) the elimination of the office does not adversely
affect the obligations of the Secretary under any Federal law.
``(2) Consolidation of offices and office functions.--The
Secretary may consolidate any office or office function within the
Department into the Bureau that the Secretary determines has
duties, responsibilities, resources, or expertise that support the
purposes of the Bureau.
``(3) Staffing and budgetary resources.--
``(A) In general.--The Secretary shall ensure that the
Bureau is adequately staffed and funded.
``(B) Staffing.--The Secretary may transfer to the Bureau a
position within the Department from any office that is
eliminated or consolidated under this subsection if the
Secretary determines that the position is necessary to carry
out the purposes of the Bureau.
``(C) Savings provision.--If the Secretary transfers a
position to the Bureau under subparagraph (B), the Secretary,
in coordination with the appropriate modal administration,
shall ensure that the transfer of the position does not
adversely affect the obligations of the modal administration
under any Federal law.
``(D) Budgetary resources.--
``(i) Transfer of funds from eliminated or consolidated
offices.--During the 2-year period beginning on the date of
enactment of this section, the Secretary may transfer to
the Bureau funds allocated to any office or office function
that is eliminated or consolidated under this subsection to
carry out the purposes of the Bureau.
``(ii) Transfer of funds allocated to administrative
costs.--During the 2-year period beginning on the date of
enactment of this section, the Secretary may transfer to
the Bureau funds allocated to the administrative costs of
processing applications for the programs referred to in
subsection (d)(1).
``(4) Notification.--Not later than 90 days after the date of
enactment of this section, and every 90 days thereafter, the
Secretary shall notify the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works, the Committee on Banking, Housing,
and Urban Affairs, and the Committee on Commerce, Science, and
Transportation of the Senate of--
``(A) the offices eliminated under paragraph (1) and the
rationale for elimination of the offices;
``(B) the offices and office functions consolidated under
paragraph (2) and the rationale for consolidation of the
offices and office functions;
``(C) the actions taken under paragraph (3) and the
rationale for taking such actions; and
``(D) any additional legislative actions that may be
needed.
``(i) Savings Provisions.--
``(1) Laws and regulations.--Nothing in this section may be
construed to change a law or regulation with respect to a program
referred to in subsection (d)(1).
``(2) Responsibilities.--Nothing in this section may be
construed to abrogate the responsibilities of an agency, operating
administration, or office within the Department otherwise charged
by a law or regulation with other aspects of program
administration, oversight, or project approval or implementation
for the programs and projects subject to this section.
``(3) Applicability.--Nothing in this section may be construed
to affect any pending application under 1 or more of the programs
referred to in subsection (d)(1) that was received by the Secretary
on or before the date of enactment of this section.
``(j) Definitions.--In this section, the following definitions
apply:
``(1) Bureau.--The term `Bureau' means the National Surface
Transportation and Innovative Finance Bureau of the Department.
``(2) Department.--The term `Department' means the Department
of Transportation.
``(3) Eligible entity.--The term `eligible entity' means an
eligible applicant receiving financial or credit assistance under 1
or more of the programs referred to in subsection (d)(1).
``(4) Executive director.--The term `Executive Director' means
the Executive Director of the Bureau.
``(5) Multimodal project.--The term `multimodal project' means
a project involving the participation of more than 1 modal
administration or secretarial office within the Department.
``(6) Project.--The term `project' means a highway project,
public transportation capital project, freight or passenger rail
project, or multimodal project.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``116. National Surface Transportation and Innovative Finance Bureau.''.
SEC. 9002. COUNCIL ON CREDIT AND FINANCE.
(a) In General.--Chapter 1 of title 49, United States Code, as
amended by this Act, is further amended by adding at the end the
following:
``Sec. 117. Council on Credit and Finance
``(a) Establishment.--The Secretary of Transportation shall
establish a Council on Credit and Finance in accordance with this
section.
``(b) Membership.--
``(1) In general.--The Council shall be composed of the
following members:
``(A) The Deputy Secretary of Transportation.
``(B) The Under Secretary of Transportation for Policy.
``(C) The Chief Financial Officer and Assistant Secretary
for Budget and Programs.
``(D) The General Counsel of the Department of
Transportation.
``(E) The Assistant Secretary for Transportation Policy.
``(F) The Administrator of the Federal Highway
Administration.
``(G) The Administrator of the Federal Transit
Administration.
``(H) The Administrator of the Federal Railroad
Administration.
``(2) Additional members.--The Secretary may designate up to 3
additional officials of the Department to serve as at-large members
of the Council.
``(3) Chairperson and vice chairperson.--
``(A) Chairperson.--The Deputy Secretary of Transportation
shall serve as the chairperson of the Council.
``(B) Vice chairperson.--The Chief Financial Officer and
Assistant Secretary for Budget and Programs shall serve as the
vice chairperson of the Council.
``(4) Executive director.--The Executive Director of the
National Surface Transportation and Innovative Finance Bureau shall
serve as a nonvoting member of the Council.
``(c) Duties.--The Council shall--
``(1) review applications for assistance submitted under the
programs referred to in subparagraphs (A), (B), and (C) of section
116(d)(1);
``(2) review applications for assistance submitted under the
program referred to in section 116(d)(1)(D), as determined
appropriate by the Secretary;
``(3) make recommendations to the Secretary regarding the
selection of projects to receive assistance under such programs;
``(4) review, on a regular basis, projects that received
assistance under such programs; and
``(5) carry out such additional duties as the Secretary may
prescribe.''.
(b) Clerical Amendment.--The analysis for such chapter is further
amended by adding at the end the following:
``117. Council on Credit and Finance.''.
TITLE X--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY
SEC. 10001. ALLOCATIONS.
(a) Authorization.--Section 3 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777b) is amended by striking ``57 percent''
and inserting ``58.012 percent''.
(b) In General.--Section 4 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777c) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``For each'' and all that follows
through ``the balance'' and inserting ``For each fiscal
year through fiscal year 2021, the balance''; and
(ii) by striking ``multistate conservation grants under
section 14'' and inserting ``activities under section
14(e)'';
(B) in paragraph (1), by striking ``18.5 percent'' and
inserting ``18.673 percent'';
(C) in paragraph (2) by striking ``18.5 percent'' and
inserting ``17.315 percent'';
(D) by striking paragraphs (3) and (4);
(E) by redesignating paragraph (5) as paragraph (4); and
(F) by inserting after paragraph (2) the following:
``(3) Boating infrastructure improvement.--
``(A) In general.--An amount equal to 4 percent to the
Secretary of the Interior for qualified projects under section
5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 1322 note)
and section 7404(d) of the Sportfishing and Boating Safety Act
of 1998 (16 U.S.C. 777g-1(d)).
``(B) Limitation.--Not more than 75 percent of the amount
under subparagraph (A) shall be available for projects under
either of the sections referred to in subparagraph (A).'';
(2) in subsection (b)--
(A) in paragraph (1)(A) by striking ``for each'' and all
that follows through ``the Secretary'' and inserting ``for each
fiscal year through fiscal year 2021, the Secretary'';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
``(2) Set-aside for coast guard administration.--
``(A) In general.--From the annual appropriation made in
accordance with section 3, for each of fiscal years 2016
through 2021, the Secretary of the department in which the
Coast Guard is operating may use no more than the amount
specified in subparagraph (B) for the fiscal year for the
purposes set forth in section 13107(c) of title 46, United
States Code. The amount specified in subparagraph (B) for a
fiscal year may not be included in the amount of the annual
appropriation distributed under subsection (a) for the fiscal
year.
``(B) Available amounts.--The available amount referred to
in subparagraph (A) is--
``(i) for fiscal year 2016, $7,700,000; and
``(ii) for fiscal year 2017 and each fiscal year
thereafter, the sum of--
``(I) the available amount for the preceding fiscal
year; and
``(II) the amount determined by multiplying--
``(aa) the available amount for the preceding
fiscal year; and
``(bb) the change, relative to the preceding
fiscal year, in the Consumer Price Index for All
Urban Consumers published by the Department of
Labor.''; and
(D) in paragraph (3), as so redesignated--
(i) in subparagraph (A), by striking ``until the end of
the fiscal year.'' and inserting ``until the end of the
subsequent fiscal year.''; and
(ii) in subparagraph (B) by striking ``under subsection
(e)'' and inserting ``under subsection (c)'';
(3) in subsection (c)--
(A) by striking ``(c) The Secretary'' and inserting
``(c)(1) The Secretary,'';
(B) by striking ``grants under section 14 of this title''
and inserting ``activities under section 14(e)'';
(C) by striking ``57 percent'' and inserting ``58.012
percent''; and
(D) by adding at the end the following:
``(2) The Secretary shall deduct from the amount to be apportioned
under paragraph (1) the amounts used for grants under section 14(a).'';
and
(4) in subsection (e)(1), by striking ``those subsections,''
and inserting ``those paragraphs,''.
(c) Submission and Approval of Plans and Projects.--Section 6(d) of
the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777e(d)) is
amended by striking ``for appropriations'' and inserting ``from
appropriations''.
(d) Unexpended or Unobligated Funds.--Section 8(b)(2) of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777g(b)(2)) is
amended by striking ``57 percent'' and inserting ``58.012 percent''.
(e) Cooperation.--Section 12 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777k) is amended--
(1) by striking ``57 percent'' and inserting ``58.012
percent''; and
(2) by striking ``under section 4(b)'' and inserting ``under
section 4(c)''.
(f) Other Activities.--Section 14 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777m) is amended--
(1) in subsection (a)(1), by striking ``of each annual
appropriation made in accordance with the provisions of section
3''; and
(2) in subsection (e)--
(A) in the matter preceding paragraph (1) by striking ``Of
amounts made available under section 4(b) for each fiscal
year--'' and inserting ``Not more than $1,200,000 of each
annual appropriation made in accordance with the provisions of
section 3 shall be distributed to the Secretary of the Interior
for use as follows:''; and
(B) in paragraph (1)(D) by striking ``; and'' and inserting
a period.
(g) Repeal.--The Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777 et seq.) is amended--
(1) by striking section 15; and
(2) by redesignating section 16 as section 15.
SEC. 10002. RECREATIONAL BOATING SAFETY.
Section 13107 of title 46, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``(1) Subject to paragraph (2) and
subsection (c),'' and inserting ``Subject to subsection (c),'';
(B) by striking ``the sum of (A) the amount made available
from the Boat Safety Account for that fiscal year under section
15 of the Dingell-Johnson Sport Fish Restoration Act and (B)'';
and
(C) by striking paragraph (2); and
(2) in subsection (c)--
(A) by striking the subsection designation and paragraph
(1) and inserting the following:
``(c)(1)(A) The Secretary may use amounts made available each
fiscal year under section 4(b)(2) of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777c(b)(2)) for payment of expenses of the
Coast Guard for investigations, personnel, and activities directly
related to--
``(i) administering State recreational boating safety programs
under this chapter; or
``(ii) coordinating or carrying out the national recreational
boating safety program under this title.
``(B) Of the amounts used by the Secretary each fiscal year under
subparagraph (A)--
``(i) not less than $2,100,000 is available to ensure
compliance with chapter 43 of this title; and
``(ii) not more than $1,500,000 is available to conduct by
grant or contract a survey of levels of recreational boating
participation and related matters in the United States.''; and
(B) in paragraph (2)--
(i) by striking ``No funds'' and inserting ``On and
after October 1, 2016, no funds''; and
(ii) by striking ``traditionally''.
TITLE XI--RAIL
SEC. 11001. SHORT TITLE.
This title may be cited as the ``Passenger Rail Reform and
Investment Act of 2015''.
Subtitle A--Authorizations
SEC. 11101. AUTHORIZATION OF GRANTS TO AMTRAK.
(a) Northeast Corridor.--There are authorized to be appropriated to
the Secretary for the use of Amtrak for activities associated with the
Northeast Corridor the following amounts:
(1) For fiscal year 2016, $450,000,000.
(2) For fiscal year 2017, $474,000,000.
(3) For fiscal year 2018, $515,000,000.
(4) For fiscal year 2019, $557,000,000.
(5) For fiscal year 2020, $600,000,000.
(b) National Network.--There are authorized to be appropriated to
the Secretary for the use of Amtrak for activities associated with the
National Network the following amounts:
(1) For fiscal year 2016, $1,000,000,000.
(2) For fiscal year 2017, $1,026,000,000.
(3) For fiscal year 2018, $1,085,000,000.
(4) For fiscal year 2019, $1,143,000,000.
(5) For fiscal year 2020, $1,200,000,000.
(c) Project Management Oversight.--The Secretary may withhold up to
one half of 1 percent of the amount appropriated under subsections (a)
and (b) for the costs of management oversight of Amtrak.
(d) Gulf Coast Working Group.--Of the total amount made available
to the Office of the Secretary of Transportation and the Federal
Railroad Administration, for each of fiscal years 2016 and 2017,
$500,000 shall be used to convene the Gulf Coast rail service working
group established under section 11304 of this Act and carry out its
responsibilities under such section.
(e) Competition.--In administering grants to Amtrak under section
24319 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 (b) of this
section to cover the operating subsidy described in section
24711(b)(1)(E)(ii) of title 49, United States Code.
(f) State-supported Route Committee.--The Secretary may withhold up
to $2,000,000 from the amount appropriated in each fiscal year under
subsection (b) of this section for the use of the State-Supported Route
Committee established under section 24712 of title 49, United States
Code.
(g) 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.
(h) Northeast Corridor.--For purposes of this section, the term
``Northeast Corridor'' means the Northeast Corridor main line between
Boston, Massachusetts, and the District of Columbia, and facilities and
services used to operate and maintain that line.
(i) Small Business Participation Study.--Of the total amount made
available to the Office of the Secretary of Transportation and the
Federal Railroad Administration, for each of fiscal years 2016 and
2017, $1,500,000 shall be used to implement the small business
participation study authorized under section 11310 of this Act.
SEC. 11102. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS.
(a) In General.--There are authorized to be appropriated to the
Secretary for grants under section 24407 of title 49, United States
Code, (as added by section 11301 of this Act), the following amounts:
(1) For fiscal year 2016, $98,000,000.
(2) For fiscal year 2017, $190,000,000.
(3) For fiscal year 2018, $230,000,000.
(4) For fiscal year 2019, $255,000,000.
(5) For fiscal year 2020, $330,000,000.
(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 section 24407 of title 49, United States Code.
SEC. 11103. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR.
(a) In General.--There are authorized to be appropriated to the
Secretary for grants under section 24911 of title 49, United States
Code, (as added by section 11302 of this Act), the following amounts:
(1) For fiscal year 2016, $82,000,000.
(2) For fiscal year 2017, $140,000,000.
(3) For fiscal year 2018, $175,000,000.
(4) For fiscal year 2019, $300,000,000.
(5) For fiscal year 2020, $300,000,000.
(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 section 24911 of title 49, United States Code.
SEC. 11104. RESTORATION AND ENHANCEMENT GRANTS.
(a) In General.--There are authorized to be appropriated to the
Secretary for grants under section 24408 of title 49, United States
Code, (as added by section 11303 of this Act), $20,000,000 for each of
fiscal years 2016 through 2020.
(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 section 24408 of title 49, United States Code.
SEC. 11105. 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.
(5) For fiscal year 2020, $22,000,000.
SEC. 11106. DEFINITIONS.
(a) Title 49 Amendments.--Section 24102 of title 49, United States
Code, is amended--
(1) by redesignating paragraphs (5) through (9) as paragraphs
(7) through (11), respectively;
(2) by inserting after paragraph (4) the following new
paragraphs:
``(5) `long-distance route' means a route described in
subparagraph (C) of paragraph (7).
``(6) `National Network' includes long-distance routes and
State-supported routes.''; and
(3) by adding at the end the following new paragraphs:
``(12) `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.
``(13) `State-supported route' means a route described in
subparagraph (B) or (D) of paragraph (7), or in section 24702, that
is operated by Amtrak, excluding those trains operated by Amtrak on
the routes described in paragraph (7)(A).''.
(b) Conforming Amendments.--
(1) Section 217 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24702 note) is amended by
striking ``24102(5)(D)'' and inserting ``24102(7)(D)''.
(2) Section 209(a) of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24101 note) is amended by
striking ``24102(5)(B) and (D)'' and inserting ``24102(7)(B) and
(D)''.
Subtitle B--Amtrak Reforms
SEC. 11201. ACCOUNTS.
(a) In General.--Chapter 243 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 24317. Accounts
``(a) Purpose.--The purpose of this section is to--
``(1) promote the effective use and stewardship by Amtrak of
Amtrak revenues, Federal, State, and third party investments,
appropriations, grants and other forms of financial assistance, and
other sources of funds; and
``(2) enhance the transparency of the assignment of revenues
and costs among Amtrak business lines while ensuring the health of
the Northeast Corridor and National Network.
``(b) Account Structure.--Not later than 180 days after the date of
enactment of the Passenger Rail Reform and Investment Act of 2015, the
Secretary of Transportation, in consultation with Amtrak, shall define
an account structure and improvements to accounting methodologies, as
necessary, to support, at a minimum, the Northeast Corridor and the
National Network.
``(c) Financial Sources.--In defining the account structure and
improvements to accounting methodologies required under subsection (b),
the Secretary shall ensure, to the greatest extent practicable, that
Amtrak assigns the following:
``(1) For the Northeast Corridor account, all revenues,
appropriations, grants and other forms of financial assistance,
compensation, and other sources of funds associated with the
Northeast Corridor, including--
``(A) grant funds appropriated for the Northeast Corridor
pursuant to section 11101(a) of the Passenger Rail Reform and
Investment Act of 2015 or any subsequent Act;
``(B) compensation received from commuter rail passenger
transportation providers for such providers' share of capital
and operating costs on the Northeast Corridor provided to
Amtrak pursuant to section 24905(c); and
``(C) any operating surplus of the Northeast Corridor, as
allocated pursuant to section 24318.
``(2) For the National Network account, all revenues,
appropriations, grants and other forms of financial assistance,
compensation, and other sources of funds associated with the
National Network, including--
``(A) grant funds appropriated for the National Network
pursuant to section 11101(b) of the Passenger Rail Reform and
Investment Act of 2015 or any subsequent Act;
``(B) compensation received from States provided to Amtrak
pursuant to section 209 of the Passenger Rail Investment and
Improvement Act of 2008 (42 U.S.C. 24101 note); and
``(C) any operating surplus of the National Network, as
allocated pursuant to section 24318.
``(d) Financial Uses.--In defining the account structure and
improvements to accounting methodologies required under subsection (b),
the Secretary shall ensure, to the greatest extent practicable, that
amounts assigned to the Northeast Corridor and National Network
accounts shall be used by Amtrak for the following:
``(1) For the Northeast Corridor, all associated costs,
including--
``(A) operating activities;
``(B) capital activities as described in section
24904(a)(2)(E);
``(C) acquiring, rehabilitating, manufacturing,
remanufacturing, overhauling, or improving equipment and
associated facilities used for intercity rail passenger
transportation by Northeast Corridor train services;
``(D) payment of principal and interest on loans for
capital projects described in this paragraph or for capital
leases attributable to the Northeast Corridor;
``(E) other capital projects on the Northeast Corridor,
determined appropriate by the Secretary, and consistent with
section 24905(c)(1)(A)(i); and
``(F) if applicable, capital projects described in section
24904(b).
``(2) For the National Network, all associated costs,
including--
``(A) operating activities;
``(B) capital activities; and
``(C) the payment of principal and interest on loans or
capital leases attributable to the National Network.
``(e) Implementation and Reporting.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Passenger Rail Reform and Investment Act of 2015,
Amtrak, in consultation with the Secretary, shall implement any
account structures and improvements defined under subsection (b) so
that Amtrak is able to produce profit and loss statements for each
of the business lines described in section 24320(b)(1) and, as
appropriate, each of the asset categories described in section
24320(c)(1) that identify sources and uses of--
``(A) revenues;
``(B) appropriations; and
``(C) transfers between business lines.
``(2) Updated profit and loss statements.--Not later than 1
month after the implementation under paragraph (1), and monthly
thereafter, Amtrak shall submit updated profit and loss statements
for each of the business lines and asset categories to the
Secretary.
``(f) Account Management.--For the purposes of account management,
Amtrak may transfer funds between the Northeast Corridor account and
National Network account without prior notification and approval under
subsection (g) if such transfers--
``(1) do not materially impact Amtrak's ability to achieve its
anticipated financial, capital, and operating performance goals for
the fiscal year; and
``(2) would not materially change any grant agreement entered
into pursuant to section 24319(d), or other agreements made
pursuant to applicable Federal law.
``(g) Transfer Authority.--
``(1) In general.--If Amtrak determines that a transfer between
the accounts defined under subsection (b) does not meet the account
management standards established under subsection (f), Amtrak may
transfer funds between the Northeast Corridor and National Network
accounts if--
``(A) Amtrak notifies the Amtrak Board of Directors,
including the Secretary, at least 10 days prior to the expected
date of transfer; and
``(B) solely for a transfer that will materially change a
grant agreement, the Secretary approves.
``(2) Report.--Not later than 5 days after the Amtrak Board of
Directors receives notification from Amtrak under paragraph (1)(A),
the Board shall transmit to the Secretary, the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives, and the Committee
on Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate, 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.--Not later than 5 days after the date that
Amtrak notifies the Amtrak Board of Directors of a transfer under
paragraph (1) to or from an account, Amtrak shall transmit to the
State-Supported Route Committee and Northeast Corridor Commission a
letter that includes the information described under subparagraphs
(A) and (B) of paragraph (2).
``(h) Report.--Not later than 2 years after the date of enactment
of the Passenger Rail Reform and Investment Act of 2015, Amtrak shall
submit to the Secretary a report assessing the account and reporting
structure established under this section and providing any
recommendations for further action. Not later than 180 days after the
date of receipt of such report, the Secretary shall provide an
assessment that supplements Amtrak's report and submit the Amtrak
report with the supplemental assessment to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
``(i) Definition of Northeast Corridor.--Notwithstanding section
24102, for purposes of this section, the term `Northeast Corridor'
means the Northeast Corridor main line between Boston, Massachusetts,
and the District of Columbia, and facilities and services used to
operate and maintain that line.''.
(b) Conforming Amendment.--The table of contents for chapter 243 is
amended by adding at the end the following:
``24317. Accounts.''.
SEC. 11202. AMTRAK GRANT PROCESS.
(a) Requirements and Procedures.--Chapter 243 of title 49, United
States Code, is further amended by adding at the end the following:
``Sec. 24318. Costs and revenues
``(a) Allocation.--Not later than 180 days after the date of
enactment of the Passenger Rail Reform and Investment Act of 2015,
Amtrak shall establish and maintain internal controls to ensure
Amtrak's costs, revenues, and other compensation are appropriately
allocated to the Northeast Corridor, including train services or
infrastructure, or the National Network, including proportional shares
of common and fixed costs.
``(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).
``(c) Definition of Northeast Corridor.--Notwithstanding section
24102, for purposes of this section, the term `Northeast Corridor'
means the Northeast Corridor main line between Boston, Massachusetts,
and the District of Columbia, and facilities and services used to
operate and maintain that line.
``Sec. 24319. Grant process
``(a) Procedures for Grant Requests.--Not later than 90 days after
the date of enactment of the Passenger Rail Reform and Investment Act
of 2015, 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 to the Secretary grant
requests for Federal funds appropriated to the Secretary of
Transportation for the use of Amtrak.
``(c) Contents.--A grant request under subsection (b) shall, as
applicable--
``(1) describe projected operating and capital costs for the
upcoming fiscal year for Northeast Corridor activities, including
train services and infrastructure, and National Network activities,
including State-supported routes and long-distance routes, 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; and
``(3) assess Amtrak's financial condition.
``(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.
``(2) Fifteen-day modification period.--Not later than 15 days
after the date of a 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 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 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.
``(h) Definition of Northeast Corridor.--Notwithstanding section
24102, for purposes of this section, the term `Northeast Corridor'
means the Northeast Corridor main line between Boston, Massachusetts,
and the District of Columbia, and facilities and services used to
operate and maintain that line.''.
(b) Conforming Amendments.--The table of contents for chapter 243
is further amended by adding at the end the following:
``24318. Costs and revenues.
``24319. Grant process.''.
(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 of title
49, United States Code, and the item relating to that section in
the table of contents of chapter 241 are repealed.
SEC. 11203. 5-YEAR BUSINESS LINE AND ASSET PLANS.
(a) Amtrak 5-Year Business Line and Asset Plans.--Chapter 243 of
title 49, United States Code, 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 of Transportation
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). Each plan
shall cover a period of 5 fiscal years, beginning with the first
fiscal year after the date on which the plan is completed.
``(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 funding needs in
excess of amounts authorized or otherwise available to Amtrak in a
fiscal year.
``(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 coordination 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 objectives, goals, and
service plan for the business line, in consultation 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 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) consult with the Secretary in the development of the
business line plans;
``(B) for the Northeast Corridor business line plan,
consult 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,
consult with the State-Supported Route Committee established
under section 24712;
``(D) for the long-distance route business line plan,
consult with any States or Interstate Compacts that provide
funding for such routes, as appropriate;
``(E) ensure that Amtrak's general and legislative annual
report, required under section 24315(b), to the President and
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) Definition of northeast corridor.--Notwithstanding
section 24102, for purposes of this section, the term `Northeast
Corridor' means the Northeast Corridor main line between Boston,
Massachusetts, and the District of Columbia, and facilities and
services used to operate and maintain that line.
``(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 rail passenger 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) consult 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, consult 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 rail passenger system;
``(ii) appropriate for allocation to 1 of the other
Amtrak business lines; and
``(iii) extraneous to providing an efficient national
rail passenger 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 rail passenger 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.
``(7) Exemption.--
``(A) In general.--Upon written request from the Amtrak
Board of Directors, the Secretary may exempt Amtrak from
including in a plan required under this subsection any
information described in paragraphs (1) and (2).
``(B) Public availability.--The Secretary shall make
available to the public on the Department's Internet Web site
any exemption granted under subparagraph (A) and a detailed
justification for granting such exemption.
``(C) Inclusion in plan.--Amtrak shall include in the plan
required under this subsection any request granted under
subparagraph (A) and justification under subparagraph (B).
``(d) Standards to Promote Financial Stability.--In preparing plans
under this section, Amtrak shall--
``(1) apply sound budgetary practices, including reducing costs
and other expenditures, improving productivity, increasing
revenues, or combinations of such practices; and
``(2) 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).''.
(b) Effective Dates.--The requirement for Amtrak to submit 5-year
business line plans under section 24320(a)(1) of title 49, United
States Code, shall take effect on February 15, 2017, the due date of
the first business line plans. The requirement for Amtrak to submit 5-
year asset plans under section 24320(a)(1) of such title shall take
effect on February 15, 2019, the due date of the first asset plans.
(c) Conforming Amendments.--The table of contents for chapter 243
of title 49, United States Code, is 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.
SEC. 11204. STATE-SUPPORTED ROUTE COMMITTEE.
(a) Amendment.--Chapter 247 of title 49, United States Code, 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 Passenger Rail Reform and Investment Act of 2015,
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 April 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 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 provide--
``(A) financial assistance to Amtrak or 1 or more States to
perform requested independent technical analysis of issues
before the Committee; and
``(B) administrative expenses that the Secretary determines
necessary.
``(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 Passenger
Rail Reform and Investment Act of 2015, 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 carriers on State-
supported routes.
``(h) Definition of State.--In this section, the term `State' means
any of the 50 States, including the District of Columbia, that sponsor
the operation of trains by Amtrak on a State-supported route, or a
public entity that sponsors such operation on such a route.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter 247
of title 49, United States Code, is amended by adding at the end
the following:
``24712. State-supported routes operated by Amtrak.''.
(2) Passenger rail investment and improvement act.--Section 209
of the Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note) is amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
SEC. 11205. COMPOSITION OF AMTRAK'S BOARD OF DIRECTORS.
Section 24302 of title 49, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``9 directors'' and inserting ``10
directors'';
(B) in subparagraph (B) by inserting ``, who shall serve as
a nonvoting member of the Board'' after ``Amtrak''; and
(C) in subparagraph (C) by striking ``7'' and inserting
``8''; and
(2) in subsection (e), by inserting ``who are eligible to
vote'' after ``serving''.
SEC. 11206. 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 Passenger Rail Reform and Investment Act of
2015, 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 direct and indirect costs;
``(6) the views of States, 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 Passenger Rail Reform and Investment Act of 2015,
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 the recommendations
developed by the independent entity under subsection (a).
``(d) Consideration of Recommendations.--Not later than 90 days
after the date on which the recommendations are transmitted under
subsection (c), the Amtrak Board of Directors 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. 11207. FOOD AND BEVERAGE REFORM.
(a) Amendment.--Chapter 243 of title 49, United States Code, is
further amended by adding at the end the following new section:
``Sec. 24321. Food and beverage reform
``(a) Plan.--Not later than 90 days after the date of enactment of
the Passenger Rail Reform and Investment Act of 2015, Amtrak shall
develop and begin implementing a plan to eliminate, within 5 years of
such date of enactment, the operating loss associated with providing
food and beverage service on board Amtrak trains.
``(b) Considerations.--In developing and implementing the plan,
Amtrak shall consider a combination of cost management and revenue
generation initiatives, including--
``(1) scheduling optimization;
``(2) on-board 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 Passenger Rail
Reform and Investment Act of 2015 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 5 years after the date of enactment of the Passenger Rail
Reform and Investment Act of 2015, 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 a rail carrier that operates a
route in lieu of Amtrak pursuant to section 24711.
``(e) Report.--Not later than 120 days after the date of enactment
of the Passenger Rail Reform and Investment Act of 2015, and annually
thereafter for 5 years, Amtrak shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report containing the plan developed pursuant to subsection (a) and a
description of progress in the implementation of the plan.''.
(b) Conforming Amendment.--The table of sections for chapter 243 of
title 49, United States Code, is further amended by adding at the end
the following new item:
``24321. Food and beverage reform.''.
SEC. 11208. ROLLING STOCK PURCHASES.
(a) Amendment.--Chapter 243 of title 49, United States Code, is
further amended by adding at the end the following new section:
``Sec. 24322. 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 of Transportation, 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 funding request in its general and
legislative annual report required under section 24315(b) in a
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 or prohibiting Amtrak
from entering into a contract after submission of a business case
analysis under subsection (a).''.
(b) Conforming Amendment.--The table of sections for chapter 243 of
title 49, United States Code, is further amended by adding at the end
the following new item:
``24322. Rolling stock purchases.''.
SEC. 11209. 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--
(1) allow a State or States to nominate and select a local food
and beverage products supplier or suppliers or local promotional
event partner;
(2) allow a State or States 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) provide 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 enactment of
this Act, 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
and include any plan for future action.
(e) Rule of Construction.--Nothing in this section 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. 11210. 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(7) 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 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(7) 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. 11211. 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.
(3) Deadline.--Amtrak shall set a deadline for the submission
of proposals that is not later than 1 year after the issuance of
the Request for Proposals under paragraph (1).
(b) Consideration of Proposals.--Not later than 180 days after the
deadline for the receipt of proposals under subsection (a), the Amtrak
Board of Directors 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 1 year after 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 the Amtrak Board of Directors.
(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. 11212. STATION DEVELOPMENT.
(a) Report on Development Options.--Not later than 1 year after the
date of 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; and
(D) 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 submitted under subsection (a), Amtrak shall issue a
Request for 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 (b),
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 is issued under paragraph (1),
the Amtrak Board of Directors 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 4 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 11310(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. 11213. AMTRAK BOARDING PROCEDURES.
(a) Report.--Not later than 9 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 bicycles, at its 15 stations through which
the most people pass;
(2) compares Amtrak's boarding procedures to--
(A) boarding procedures of providers of commuter railroad
passenger transportation 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, 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), the Amtrak Board of
Directors shall consider each recommendation provided under subsection
(a)(3) for implementation at appropriate locations across the Amtrak
system.
SEC. 11214. 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 Reform Act of
1976 (45 U.S.C. 821 et seq.)'' after ``Secretary''; and
(7) by striking subsection (h).
SEC. 11215. ELIMINATION OF DUPLICATIVE REPORTING.
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 asset plans required by section 24320 of title 49, United
States Code, or any other planning or reporting requirements under
Federal law or regulation;
(2) if the duplicative requirements identified under paragraph
(1) are administrative, eliminate such requirements; and
(3) submit to Congress a report with any recommendations for
repealing any other duplicative requirements.
Subtitle C--Intercity Passenger Rail Policy
SEC. 11301. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS.
(a) In General.--Chapter 244 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 24407. 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.
``(5) A political subdivision of a State.
``(6) Amtrak or another rail carrier that provides intercity
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) The Transportation Research Board and any entity with
which it contracts in the development of rail-related research,
including cooperative research programs.
``(10) A University transportation center engaged in rail-
related research.
``(11) A non-profit labor organization representing a class or
craft of employees of rail carriers or rail 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(2), 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 capital project identified by the Secretary as being
necessary to reduce congestion and facilitate ridership growth in
intercity passenger rail transportation along heavily traveled rail
corridors.
``(5) A highway-rail grade crossing improvement project,
including installation, repair, or improvement of grade
separations, railroad crossing signals, gates, and related
technologies, highway traffic signalization, highway lighting and
crossing approach signage, roadway improvements such as medians or
other barriers, railroad crossing panels and surfaces, and safety
engineering improvements to reduce risk in quiet zones or potential
quiet zones.
``(6) A rail line relocation and improvement project.
``(7) A capital project to improve short-line or regional
railroad infrastructure.
``(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 or
commercial air service.
``(10) The development and implementation of a safety program
or institute designed to improve rail safety.
``(11) Any research that the Secretary considers necessary to
advance any particular aspect of rail-related capital, operations,
or safety improvements.
``(12) Workforce development and training activities,
coordinated to the extent practicable with the existing local
training programs supported by the Department of Transportation,
the Department of Labor, and the 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 the
proposed project received under previous competitive grant
programs administered by the Secretary.
``(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, the ability to meet existing or
anticipated demand, and any other benefits.
``(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 Bureau of the Census.
``(h) Federal Share of Total Project Costs.--
``(1) Total project costs.--The Secretary shall estimate the
total costs of a project under this section based on the best
available information, including any available 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 section shall not exceed 80 percent.
``(3) Treatment of passenger rail revenue.--If Amtrak or
another rail carrier is an applicant under this section, Amtrak or
the other rail 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.
``(k) Limitation.--The requirements of sections 24402, 24403, and
24404 and the definition contained in 24401(1) shall not apply to this
section.
``(l) Special Transportation Circumstances.--
``(1) In general.--In carrying out this chapter, the Secretary
shall allocate an appropriate portion of the amounts available to
programs in this chapter to provide grants to States--
``(A) 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
``(B) 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.
``(2) Definition.--For the purposes of this subsection, the
term `appropriate portion' means a share, for each State subject to
paragraph (1), not less than the share of the total railroad route
miles in such State of the total railroad route miles in the United
States, excluding from all totals the route miles exclusively used
for tourist, scenic, and excursion railroad operations.''.
(b) Conforming Amendment.--The table of contents of chapter 244 of
title 49, United States Code, is amended by adding after the item
relating to section 24406 the following:
``24407. Consolidated rail infrastructure and safety improvements.''.
(c) Repeals.--
(1) Sections 20154 and 20167 of chapter 201 of title 49, United
States Code, and the items relating to such sections in the table
of contents of such chapter, are repealed.
(2) Section 24105 of chapter 241 of title 49, United States
Code, and the item relating to such section in the table of
contents of such chapter, is repealed.
(3) Chapter 225 of title 49, United States Code, and the item
relating to such chapter in the table of contents of subtitle V of
such title, is repealed.
(4) Section 22108 of chapter 221 of title 49, United States
Code, and the item relating to such section in the table of
contents of such chapter, are repealed.
SEC. 11302. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR.
(a) Amendment.--Chapter 249 of title 49, United States Code, is
amended by inserting after section 24910 the following:
``Sec. 24911. 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;
``(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 rail passenger 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) Intercity rail passenger transportation.--The term
`intercity rail passenger transportation' has the meaning given the
term in section 24102.
``(4) Northeast corridor.--The term `Northeast Corridor'
means--
``(A) the main rail line between Boston, Massachusetts and
the District of Columbia;
``(B) the branch rail lines connecting to Harrisburg,
Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil,
New York; and
``(C) facilities and services used to operate and maintain
lines described in subparagraphs (A) and (B).
``(5) Qualified railroad asset.--The term `qualified railroad
asset' means infrastructure, equipment, or a facility that--
``(A) is owned or controlled by an eligible applicant;
``(B) is contained in the planning document developed under
section 24904 and for which a cost-allocation policy has been
developed under section 24905(c), or is contained in an
equivalent planning document and for which a similar cost-
allocation policy has been developed; and
``(C) was not in a state of good repair on the date of
enactment of the Passenger Rail Reform and Investment Act of
2015.
``(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 with respect to 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;
``(3) capital projects to ensure that service can be maintained
while existing assets are brought to a state of good repair; and
``(4) capital projects to bring existing assets into 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 for which--
``(A) Amtrak is not the sole applicant;
``(B) applications were submitted jointly by multiple
applicants; and
``(C) 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) 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).
``(f) 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 section shall not exceed 80 percent.
``(3) Treatment of amtrak revenue.--If Amtrak is an applicant
under this section, Amtrak may use ticket and other revenues
generated from its operations and other sources to satisfy the non-
Federal share requirements.
``(g) Letters of Intent.--
``(1) In general.--The Secretary shall, to the maximum extent
practicable, 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
for grants under this section and subject 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;
``(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.
``(h) Availability.--Amounts appropriated for carrying out this
section shall remain available until expended.
``(i) 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 grant conditions under section
24405.''.
(b) Conforming Amendment.--The table of contents for chapter 249 is
amended by inserting after the item relating to section 24910 the
following:
``24911. Federal-State partnership for state of good repair.''.
SEC. 11303. RESTORATION AND ENHANCEMENT GRANTS.
(a) In General.--Chapter 244 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 24408. Restoration and enhancement grants
``(a) Applicant Defined.--Notwithstanding section 24401(1), in this
section, the term `applicant' means--
``(1) a State, including the District of Columbia;
``(2) a group of States;
``(3) an Interstate Compact;
``(4) a public agency or publicly chartered authority
established by 1 or more States;
``(5) a political subdivision of a State;
``(6) Amtrak or another rail 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 operating assistance grants
to applicants, on a competitive basis, for the purpose of initiating,
restoring, or enhancing intercity rail passenger transportation.
``(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 intercity rail passenger transportation; 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 railroad 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 described in section 11304 of the
Passenger Rail Reform and Investment Act of 2015;
``(3) that would provide daily or daytime service over routes
where such service did not previously exist;
``(4) that include funding (including funding from railroads),
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 rail passenger
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 Federal grants awarded 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 carrier other than Amtrak, Amtrak may be
required consistent with 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 a grant
recipient under this section to enter into a grant agreement that
requires such recipient 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 considers
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.--The Secretary shall require each
recipient of a grant under this section to comply with the grant
requirements of section 24405.
``(j) Report.--Not later than 4 years after the date of enactment
of the Passenger Rail Reform and Investment Act of 2015, the Secretary,
after consultation with grant recipients under this section, shall
submit to Congress a report 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.--
(1) Chapter 244.--Chapter 244 of title 49, United States Code,
is further amended--
(A) in the table of contents by adding at the end the
following:
``24408. Restoration and enhancement grants.'';
(B) in the chapter heading by striking ``INTERCITY
PASSENGER RAIL SERVICE CORRIDOR CAPITAL ASSISTANCE'' and
inserting ``RAIL IMPROVEMENT GRANTS'';
(C) in section 24402 by striking subsection (j); and
(D) in section 24405--
(i) in subsection (b)(2) by striking ``(43'' and
inserting ``(45'';
(ii) in subsection (c)(2)(B) by striking ``protective
arrangements established'' and inserting ``protective
arrangements that are equivalent to the protective
arrangements established'';
(iii) 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''; and
(iv) in subsection (f) by striking ``under this chapter
for commuter rail passenger transportation, as defined in
section 24102(4) of this title.'' and inserting ``under
this chapter for commuter rail passenger transportation (as
defined in section 24102(3)).''; and
(2) Table of chapters amendment.--The item relating to chapter
244 in the table of chapters of subtitle V of title 49, United
States Code, is amended by striking ``Intercity passenger rail
service corridor capital assistance'' and inserting ``Rail
improvement grants''.
SEC. 11304. 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) railroad carriers whose tracks may be used for such
service; and
(7) other entities determined appropriate by the Secretary,
which may include other railroad carriers 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.
(e) Funding.--From funds made available under section 11101(d), the
Secretary shall provide--
(1) financial assistance to the working group to perform
requested independent technical analysis of issues before the
working group; and
(2) administrative expenses that the Secretary determines
necessary.
SEC. 11305. NORTHEAST CORRIDOR COMMISSION.
(a) Composition.--Section 24905(a) of title 49, United States Code,
is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by inserting
``, infrastructure investments,'' after ``rail operations'';
(B) by striking subparagraph (B) and inserting the
following:
``(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) of
title 49, United States Code, 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 investment plan
described in section 24904.''.
(c) Cost Allocation Policy.--Section 24905(c) of title 49, United
States Code, 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 subparagraphs (B) through (D) and inserting
the following:
``(B) develop a proposed timetable for implementing the
policy;
``(C) submit the policy and the 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,
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.--
(1) Title 49.--Section 24905 of title 49, United States Code,
is amended--
(A) in the section heading by striking ``infrastructure and
operations advisory'';
(B) in subsection (a)--
(i) in the heading by striking ``Infrastructure and
Operations Advisory''; and
(ii) by striking ``Infrastructure and Operations
Advisory'';
(C) by striking subsection (d);
(D) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively;
(E) in subsection (d), as so redesignated--
(i) by striking ``to the Commission'' and inserting
``to the Secretary for the use of the Commission and the
Northeast Corridor Safety Committee''; and
(ii) by striking ``for the period encompassing fiscal
years 2009 through 2013 to carry out this section'' and
inserting ``to carry out this section during fiscal years
2016 through 2020, in addition to any amounts withheld
under section 11101(g) of the Passenger Rail Reform and
Investment Act of 2015''; and
(F) in subsection (e)(2), as so 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.''.
(2) Table of contents.--The table of contents for chapter 249
of title 49, United States Code, is amended by striking the item
relating to section 24905 and inserting the following:
``24905. Northeast Corridor Commission.''.
SEC. 11306. NORTHEAST CORRIDOR PLANNING.
(a) Amendment.--Chapter 249 of title 49, United States Code, is
amended--
(1) by redesignating section 24904 as section 24903; and
(2) by inserting after section 24903, as so 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; 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) Federal and non-Federal 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) and implement each
capital project.
``(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 Northeast Corridor account
established under section 24317(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) or
(v) 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) is consistent with the Federal Transit Administration
process, as authorized under section 5326, when implemented;
and
``(B) includes, 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 Passenger Rail Reform and Investment Act of 2015, a
Northeast Corridor asset management plan developed under
paragraph (1); and
``(B) at least biennially thereafter, an update to such
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.
``(e) Definition of Northeast Corridor.--In this section, the term
`Northeast Corridor' means the main line between Boston, Massachusetts,
and 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.''.
(b) Conforming Amendments.--
(1) Note and mortgage.--Section 24907(a) of title 49, United
States Code, is amended by striking ``section 24904 of this title''
and inserting ``section 24903''.
(2) Table of contents.--The table of contents for chapter 249
of title 49, United States Code, is amended--
(A) by redesignating the item relating to section 24904 as
relating to section 24903; and
(B) by inserting after the item relating to section 24903,
as so redesignated, the following:
``24904. Northeast Corridor planning.''.
(3) Repeal.--Section 211 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24902 note) is repealed.
SEC. 11307. COMPETITION.
(a) Competitive Passenger Rail Service Pilot Program.--Section
24711 of title 49, United States Code, is amended to read as follows:
``Sec. 24711. Competitive passenger rail service pilot program
``(a) In General.--Not later than 18 months after the date of
enactment of the Passenger Rail Reform and Investment Act of 2015, the
Secretary of Transportation shall promulgate a rule to implement a
pilot program for competitive selection of eligible petitioners
described in subsection (b)(3) in lieu of Amtrak to operate not more
than 3 long-distance routes (as defined in section 24102) operated by
Amtrak on the date of enactment of such Act.
``(b) Pilot Program Requirements.--
``(1) In general.--The pilot program shall--
``(A) allow a petitioner described in paragraph (3) to
petition the Secretary to provide intercity rail passenger
transportation over a long-distance route described in
subsection (a) for an operation 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 1
additional operation period of 4 years;
``(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;
``(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; and
``(iii) upon selecting a winning bid, publish in the
Federal Register the identity of the winning bidder, the
long distance route that the bidder will operate, a
detailed justification of the reasons why the Secretary
selected the bid, and any other information the Secretary
determines appropriate for public comment for a reasonable
period of time not to exceed 30 days after the date on
which the Secretary selects the bid;
``(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 with any appropriate redactions
for confidential or proprietary information;
``(D) for a route that receives funding from a State or
States, require that for each bid received from a petitioner
described in paragraph (3), other than such State or States,
the Secretary have the concurrence of the State or States that
provide funding for that route; and
``(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 (4) and (5), 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.
``(2) Limitation.--The requirements under paragraph (1)(E),
including the amounts of operating subsidies in the first and any
subsequent years under paragraph (1)(E)(ii), shall not apply to a
winning bidder that is or includes Amtrak.
``(3) 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, or another rail carrier that has a written agreement
with a rail carrier or rail carriers that own such
infrastructure.
``(B) 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.
``(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 and a rail carrier with a written agreement with
another 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.
``(4) Performance standards.--The performance standards
required under paragraph (1)(E)(i) shall meet or exceed the
performance required of or achieved by Amtrak on the applicable
route during the last fiscal year.
``(5) Agreement governing access issues.--Unless the winning
bidder already has applicable access rights or agreements in place
or includes a rail carrier that owns the infrastructure used in the
operation of the route, a winning bidder that is not or does not
include Amtrak 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 intercity rail passenger transportation
over a route described in this section to an eligible petitioner--
``(1) the Secretary shall, if necessary to carry out the
purposes of this section, require Amtrak to provide access to the
Amtrak-owned reservation system, stations, and facilities directly
related to operations of the awarded routes to the eligible
petitioner awarded a contract under this section, in accordance
with subsection (g);
``(2) an employee of any person, except as provided in a
collective bargaining agreement, used by such eligible petitioner
in the operation of a route under this section shall be considered
an employee of that eligible petitioner 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 an eligible petitioner awarded a
route under this section ceases to operate the service or fails to
fulfill an obligation under a contract required under subsection
(b)(1)(E), the Secretary, in collaboration with the Surface
Transportation Board, 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 carrier;
``(2) providing to the interim rail carrier under paragraph (1)
an operating subsidy necessary to provide service; and
``(3) rebidding the contract to operate the intercity 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
11101(e) of the Passenger Rail Reform and Investment Act of 2015,
or any subsequent appropriation for the same purpose, necessary to
cover the operating subsidy described in subsection (b)(1)(E)(ii).
``(2) Attributable costs.--If the Secretary selects a winning
bidder that is not or does not include Amtrak, the Secretary shall
provide to Amtrak an appropriate portion of the appropriations
under section 11101(b) of the Passenger Rail Reform and Investment
Act of 2015, 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) Reporting.--If the Secretary does not promulgate the final
rule before the deadline under subsection (a), the Secretary shall, not
later than 19 months after the date of enactment of the Passenger Rail
Reform and Investment Act of 2015 and every 90 days thereafter until
the rule is complete, notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives in writing--
``(1) the reasons why the rule has not been issued;
``(2) a plan for completing the rule as soon as reasonably
practicable; and
``(3) the estimated date of completion of the rule.
``(g) Disputes.--
``(1) Petitioning surface transportation board.--If Amtrak and
the eligible petitioner awarded a route under this section cannot
agree upon terms to carry out subsection (c)(1), either party may
petition the Surface Transportation Board for a determination as
to--
``(A) whether access to Amtrak's facility or equipment, or
the provisions of services by Amtrak, is necessary under
subsection (c)(1); and
``(B) whether the operation of Amtrak's other services will
not be unreasonably impaired by such access.
``(2) Surface transportation board determination.--If the
Surface Transportation Board determines access to Amtrak's
facilities or equipment, or the provision of services by Amtrak, is
necessary under paragraph (1)(A) and the operation of Amtrak's
other services will not be unreasonably impaired under paragraph
(1)(B), the Board shall issue an order that--
``(A) requires Amtrak to provide the applicable facilities,
equipment, and services; and
``(B) determines reasonable compensation, liability, and
other terms for the use of the facilities and equipment and the
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.
``(j) Savings Clause.--Nothing in this section shall affect
Amtrak's access rights to railroad rights-of-way and facilities.''.
(b) Conforming Amendment.--The table of contents for section 24711
of title 49, United States Code, is amended to read as follows:
``24711. Competitive passenger rail service pilot program.''.
(c) 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 of the pilot program to date and any
recommendations for further action.
SEC. 11308. 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 a high-speed passenger rail system
operating within a high-speed rail corridor, 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 the 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 a national high-speed 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 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.
(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) Adequate Resources.--Before taking any action authorized under
this section the Secretary shall certify to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives that
the Secretary has sufficient resources that are adequate to undertake
the program established under this section.
(h) Definitions.--In this section:
(1) Intercity passenger rail.--The term ``intercity passenger
rail'' has the meaning given the term 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. 11309. LARGE CAPITAL PROJECT REQUIREMENTS.
Section 24402 of title 49, United States Code, is amended by
inserting after subsection (i) the following:
``(j) 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 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; 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. 11310. 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 rail passenger transportation projects.
(b) Report.--Not later than 2 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. 11311. 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
passenger transportation authorities, other railroad carriers, 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 of title
49, United States Code, the State-Supported Route Committee established
under section 24712 of such title, 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) the strengths and weaknesses of 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) allow for transparent decisionmaking; and
(B) protect 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 alternative insurance models,
including other models administered by the Federal Government;
(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, as appropriate,
the recommendations submitted under subsection (c) into the 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).
SEC. 11312. 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
Secretary, 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.
(4) Review.--Not later than 180 days after receipt of the
report under paragraph (3), the Secretary shall review the report
and recommend best practices in developing through ticketing for
other areas outside of the Northeast Corridor. The Secretary shall
transmit the best practices to the State-Supported Route Committee
established under section 24712 of title 49, United States Code.
(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 joint procurements.
(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 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. 11313. 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 to--
(1) support the development of an efficient and effective
intercity passenger rail network;
(2) identify the data needed to conduct cost-effective modeling
and analysis for intercity passenger rail development programs;
(3) determine limitations to the data used for inputs;
(4) develop a strategy to address such limitations;
(5) identify barriers to accessing existing data;
(6) develop recommendations regarding whether the authorization
of additional data collection for intercity passenger rail travel
is warranted; and
(7) determine which entities should 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 by--
(1) providing ongoing guidance and training on developing
benefit and cost information for rail projects;
(2) providing more direct and consistent requirements for
assessing benefits and costs across transportation funding
programs, including the appropriate use of discount rates;
(3) 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) 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 all sensitive
and confidential information 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. 11314. 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 such 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 subsection (a) shall be
effective only with respect to a fiscal year for which Amtrak receives
a Federal subsidy.
SEC. 11315. MISCELLANEOUS PROVISIONS.
(a) Title 49 Amendments.--
(1) Authority.--Section 22702(b)(4) of title 49, United States
Code, is amended by striking ``5 years for reapproval by the
Secretary'' and inserting ``4 years for acceptance by the
Secretary''.
(2) Contents of state rail plans.--Section 22705(a) of title
49, United States Code, is amended by striking paragraph (12).
(b) Passenger Rail Investment and Improvement Act Amendments.--
Section 305 of the Passenger Rail Investment and Improvement Act of
2008 (49 U.S.C. 24101 note) is amended--
(1) in subsection (a) by inserting after ``equipment
manufacturers,'' the following: ``nonprofit organizations
representing employees who perform overhaul and maintenance of
passenger railroad equipment,'';
(2) in subsection (c) by striking ``, and may establish a
corporation, which may be owned or jointly-owned by Amtrak,
participating States, or other entities, to perform these
functions''; and
(3) in subsection (e) by striking ``and establishing a jointly-
owned corporation to manage that equipment''.
(c) Certain Projects.--A project described in 1307(a)(3) of
SAFETEA-LU (Public Law 109-59) may be eligible for the Railroad
Rehabilitation and Improvement Financing program if the Secretary
determines such project meets the requirements of sections 502 and 503
of the Railroad Revitalization and Regulatory Reform Act of 1976.
(d) Clarification.--
(1) Amendment.--Section 20157(g) of title 49, United States
Code, is amended by adding at the end the following new paragraph:
``(4) Clarification.--
``(A) Prohibitions.--The Secretary is prohibited from--
``(i) approving or disapproving a revised plan
submitted under subsection (a)(1);
``(ii) considering a revised plan under subsection
(a)(1) as a request for amendment under section 236.1021 of
title 49, Code of Federal Regulations; or
``(iii) requiring the submission, as part of the
revised plan under subsection (a)(1), of--
``(I) only a schedule and sequence under subsection
(a)(2)(A)(iii)(VII); or
``(II) both a schedule and sequence under
subsection (a)(2)(A)(iii)(VII) and an alternative
schedule and sequence under subsection (a)(2)(B).
``(B) Civil penalty authority.--Except as provided in
paragraph (2) and this paragraph, nothing in this subsection
shall be construed to limit the Secretary's authority to assess
civil penalties pursuant to subsection (e), consistent with the
requirements of this section.
``(C) Retained review authority.--The Secretary retains the
authority to review revised plans submitted under subsection
(a)(1) and is authorized to require modifications of those
plans to the extent necessary to ensure that such plans include
the descriptions under subsection (a)(2)(A)(i), the contents
under subsection (a)(2)(A)(ii), and the year or years, totals,
and summary under subsection (a)(2)(A)(iii)(I) through (VI).''.
(2) Conforming amendment.--Section 20157(g)(3) of title 49,
United States Code, is amended by striking ``by paragraph (2) and
subsection (k)'' and inserting ``to conform with this section''.
SEC. 11316. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Assistance to Families of Passengers Involved in Rail Passenger
Accidents.--Section 1139 of title 49, United States Code, 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 of title 49, United States Code, 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 of title 49, United States
Code, 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)'' after ``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) of title 49, United
States Code, 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 of title
49, United States Code, 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 of title 49, United States Code, is amended by striking
``the Secretary'' and inserting ``the Secretary of Transportation''.
(g) National Crossing Inventory.--Section 20160 of title 49, United
States Code, 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) of
title 49, United States Code, 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) of title 49, United States Code, 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.--The heading of 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''.
(k) Contingent Interest Recoveries.--Section 22106(b) of title 49,
United States Code, is amended by striking ``interest thereof'' and
inserting ``interest thereon''.
(l) Mission.--Section 24101(b) of title 49, United States Code, is
amended by striking ``of subsection (d)'' and inserting ``set forth in
subsection (c)''.
(m) Table of Contents Amendment.--The table of contents for chapter
243 of title 49, United States Code, 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.''.
(n) Amtrak.--Chapter 247 of title 49, United States Code, is
amended--
(1) in section 24706--
(A) 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
(B) in subsection (b) by striking ``section 24704 or''; and
(2) in section 24709 by striking ``The Secretary of the
Treasury and the Attorney General,'' and inserting ``The Secretary
of Homeland Security,''.
(o) Rail Cooperative Research Program.--Section 24910(b) of title
49, United States Code, is amended--
(1) in paragraph (12) by striking ``and'' at the end;
(2) in paragraph (13) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(14) to improve overall safety of intercity passenger and
freight rail operations.''.
(p) Secretarial Oversight.--Section 24403 of title 49, United
States Code, is amended by striking subsection (b).
Subtitle D--Safety
SEC. 11401. 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 Administrator of the Federal Railroad
Administration shall develop a model of a State-specific highway-
rail grade crossing action plan and distribute the 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 a list of highway-rail grade crossings in that State that
have experienced multiple accidents or incidents over the past
3 years; 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
Administrator develops and distributes the model plan under
subsection (a), the Administrator 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 identified under section 202 of the Rail
Safety Improvement Act of 2008 (49 U.S.C. 22501 note) to--
(i) update the State action plan under such section;
and
(ii) submit to the Administrator--
(I) the updated State action plan; and
(II) a report describing what the State did to
implement its previous State action plan under such
section and how the State 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 multiple 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 action plan under subparagraph (A)
or (B) of paragraph (1), as applicable.
(3) Assistance.--The Administrator shall provide assistance to
each State in developing and carrying out, as appropriate, the
State action plan under this subsection.
(4) Public availability.--Each State shall submit a final State
plan under this subsection to the Administrator for publication.
The Administrator 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 action plan under this
subsection.
(6) Review of action plans.--Not later than 60 days after the
date of receipt of a State action plan under this subsection, the
Administrator shall--
(A) if the State action plan is approved, notify the State
and publish the State action plan under paragraph (4); and
(B) if the State action 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 Administrator 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) Report.--Not later than the date that is 3 years after the
Administrator publishes the final rule under subsection (b)(1), the
Administrator shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on--
(1) the specific strategies identified by States to improve
safety at highway-rail grade crossings, including crossings with
multiple accidents or incidents; and
(2) the progress each State described under subsection
(b)(1)(B) has made in implementing its action plan.
(d) 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) or to update a
State action plan under subsection (b)(1)(B).
(e) 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. 11402. PRIVATE HIGHWAY-RAIL GRADE CROSSINGS.
(a) In General.--The Secretary, in consultation with railroad
carriers, shall conduct a study to--
(1) determine whether limitations or weaknesses exist regarding
the availability and usefulness for safety purposes of data on
private highway-rail grade crossings; and
(2) 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 3 years 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. 11403. STUDY ON USE OF LOCOMOTIVE HORNS AT HIGHWAY-RAIL GRADE
CROSSINGS.
(a) Study.--The Comptroller General of the United States shall
submit a report to Congress containing the results of a study
evaluating the final rule issued on August 17, 2006, entitled ``Use of
Locomotive Horns at Highway-Rail Grade Crossings'' (71 Fed. Reg.
47614), including--
(1) the effectiveness of such final rule;
(2) the benefits and costs of establishing quiet zones; and
(3) any barriers to establishing quiet zones.
(b) Savings Clause.--Nothing in this section shall be construed to
limit or preclude any planned retrospective review by the Secretary of
the final rule described in subsection (a).
SEC. 11404. POSITIVE TRAIN CONTROL AT GRADE CROSSINGS EFFECTIVENESS
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--
(1) conduct a study of the possible effectiveness of positive
train control and related technologies on reducing collisions at
highway-rail grade crossings; and
(2) 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.
SEC. 11405. 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 condition.--
``(A) In general.--A State or political subdivision of a
State may file a request with the Secretary for a public
version of a bridge inspection report generated under
subsection (b)(5) for a bridge located in such State or
political subdivision's jurisdiction.
``(B) Public version of report.--If the Secretary
determines that the request is reasonable, the Secretary shall
require a railroad to submit a public version of the most
recent bridge inspection report, such as a summary form, for a
bridge subject to a request under subparagraph (A). The public
version of a bridge inspection report shall include the date of
last inspection, length of bridge, location of bridge, type of
bridge, type of structure, feature crossed by bridge, and
railroad contact information, along with a general statement on
the condition of the bridge.
``(C) Provision of report.--The Secretary shall provide to
a State or political subdivision of a State a public version of
a bridge inspection report submitted under subparagraph (B).
``(D) Technical assistance.--The Secretary, upon the
reasonable request of State or political subdivision of a
State, shall provide technical assistance to such State or
political subdivision of a State to facilitate the
understanding of a bridge inspection report.''.
SEC. 11406. 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, bridge, or tunnel and the maximum authorized operating speed for
passenger trains at that curve, bridge, or tunnel.
(b) Action Plans.--Not later than 120 days after the date that the
survey under subsection (a) is complete, a railroad carrier described
in subsection (a) 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, bridge, or tunnel and the maximum authorized operating
speed for passenger trains at that curve, bridge, or tunnel;
(2) describes appropriate actions to enable warning and
enforcement of the maximum authorized speed for passenger trains at
each location identified under paragraph (1), including--
(A) modification to automatic train control systems, if
applicable, or other signal systems;
(B) increased crew size;
(C) installation of signage alerting train crews of the
maximum authorized speed for passenger trains in each location
identified under paragraph (1);
(D) installation of alerters;
(E) increased crew communication; and
(F) other practices;
(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 on which an
action plan is submitted under subsection (b), 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 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 that describes--
(1) the actions 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 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. 11407. 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. 11408. SIGNAL PROTECTION.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall initiate a rulemaking to
require that on-track safety regulations, whenever practicable and
consistent with other safety requirements and operational
considerations, include requiring implementation of redundant signal
protection for maintenance-of-way work crews who depend on a train
dispatcher to provide signal protection.
(b) Alternative Safety Measures.--The Secretary shall consider
exempting from any final 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. 11409. 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 is required for
other commuter railroad lines.
(b) Rulemaking.--Considering safety, including railroad carrier
employee and contractor safety, system capacity, and other relevant
factors, 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 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 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. 11410. POST-ACCIDENT ASSESSMENT.
(a) In General.--The Secretary, in cooperation with the National
Transportation Safety Board and 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; and
(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
enactment of this Act, Amtrak 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 describes--
(1) Amtrak's plan to achieve the recommendations referred to in
subsection (b)(4); and
(2) any steps that have been taken to address any deficiencies
identified through the assessment.
SEC. 11411. RECORDING DEVICES.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end 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 Passenger Rail Reform and Investment Act of 2015, the
Secretary of Transportation shall promulgate regulations to require
each railroad 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
or incident investigation.
``(c) Review.--The Secretary shall establish a process to review
and approve or disapprove an inward- or outward-facing image recording
device for compliance with the standards described in subsection (b).
``(d) Uses.--A railroad carrier subject to the requirements of
subsection (a) 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 railroad carrier's operating rules
and procedures, including a system-wide program for such
verification.
``(2) Assisting in an investigation into the causation of a
reportable accident or incident.
``(3) Documenting a criminal act or monitoring unauthorized
occupancy of the controlling locomotive cab or car operating
compartment.
``(4) Other purposes that the Secretary considers appropriate.
``(e) 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 railroad
carrier subject to the requirements of subsection (a) or any part
of the carrier's operations from the requirements under subsection
(a) if the Secretary determines that the carrier has implemented an
alternative technology or practice that provides an equivalent or
greater safety benefit or that is better suited to the risks of the
operation.
``(f) Tampering.--A railroad carrier subject to the requirements of
subsection (a) 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
railroad carrier.
``(g) Preservation of Data.--Each railroad 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.
``(h) 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 or incident investigated by the Secretary. The
Secretary may make public any part of a transcript or any written
depiction of visual information that the Secretary determines is
relevant to the accident at the time a majority of the other factual
reports on the accident or incident are released to the public.
``(i) Prohibited Use.--An in-cab audio or image recording obtained
by a railroad carrier under this section may not be used to retaliate
against an employee.
``(j) Savings Clause.--Nothing in this section may be construed as
requiring a railroad carrier to cease or restrict operations upon a
technical failure of an inward- or outward-facing image recording
device or in-cab audio device. Such railroad 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 of title 49, United States Code, is amended by adding at
the end the following:
``20168. Installation of audio and image recording devices.''.
SEC. 11412. RAILROAD POLICE OFFICERS.
(a) In General.--Section 28101 of title 49, United States Code, 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 may 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 State training
requirements related to criminal law, criminal procedure, motor
vehicle code, any other State law, 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) of title 49, United
States Code, 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) Exceptions.--Section 922(z)(2)(B) of title 18, United
States Code, is amended by striking ``employed by'' and inserting
``directly employed by or contracted by''.
SEC. 11413. REPAIR AND REPLACEMENT OF DAMAGED TRACK INSPECTION
EQUIPMENT.
(a) In General.--Subchapter I of chapter 201 of title 49, United
States Code, is amended by adding at the end 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 of title 49, United States Code, is amended by adding at
the end the following:
``20121. Repair and replacement of damaged track inspection
equipment.''.
SEC. 11414. REPORT ON VERTICAL TRACK DEFLECTION.
(a) Report.--Not later than 9 months after the date of enactment of
this Act, the Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report detailing research conducted or procured by the Federal Railroad
Administration on developing a system that measures vertical track
deflection (in this section referred to as ``VTD'') from a moving rail
car, including the ability of such system to identify poor track
support from fouled ballast, deteriorated cross ties, or other
conditions.
(b) Contents.--The report required under subsection (a) shall
include--
(1) the findings and results of testing of VTD instrumentation
during field trials on revenue service track;
(2) the findings and results of subsequent testing of VTD
instrumentation on a Federal Railroad Administration automated
track inspection program geometry car;
(3) if considered appropriate by the Secretary based on the
report and related research, a plan for developing quantitative
inspection criteria for poor track support using existing VTD
instrumentation on Federal Railroad Administration automated track
inspection program geometry cars; and
(4) if considered appropriate by the Secretary based on the
report and related research, a plan for installing VTD
instrumentation on all remaining Federal Railroad Administration
automated track inspection program geometry cars not later than 3
years after the date of enactment of this Act.
SEC. 11415. RAIL PASSENGER LIABILITY.
(a) Amtrak Incident.--Notwithstanding any other provision of law,
the aggregate allowable awards to all rail passengers, against all
defendants, for all claims, including claims for punitive damages,
arising from a single accident or incident involving Amtrak occurring
on May 12, 2015, shall not exceed $295,000,000.
(b) Adjustment Based on Consumer Price Index.--The liability cap
under section 28103(a)(2) of title 49, United States Code, shall be
adjusted on the date of enactment of this Act to reflect the change in
the Consumer Price Index-All Urban Consumers between such date and
December 2, 1997, and the Secretary shall provide appropriate public
notice of such adjustment. The adjustment of the liability cap shall be
effective 30 days after such notice. Every fifth year after the date of
enactment of this Act, the Secretary shall adjust such liability cap to
reflect the change in the Consumer Price Index-All Urban Consumers
since the last adjustment. The Secretary shall provide appropriate
public notice of each such adjustment, and the adjustment shall become
effective 30 days after such notice.
Subtitle E--Project Delivery
SEC. 11501. SHORT TITLE.
This subtitle may be cited as the ``Track, Railroad, and
Infrastructure Network Act'' or the ``TRAIN Act''.
SEC. 11502. TREATMENT OF IMPROVEMENTS TO RAIL AND TRANSIT UNDER
PRESERVATION REQUIREMENTS.
(a) Title 23 Amendment.--Section 138 of title 23, United States
Code, is further amended by adding at the end the following:
``(f) Rail and Transit.--
``(1) In general.--Improvements to, or the maintenance,
rehabilitation, or operation of, railroad or rail transit lines or
elements thereof that are in use or were historically used for the
transportation of goods or passengers shall not be considered a use
of a historic site under subsection (a), regardless of whether the
railroad or rail transit line or element thereof is listed on, or
eligible for listing on, the National Register of Historic Places.
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply to--
``(i) stations; or
``(ii) bridges or tunnels located on--
``(I) railroad lines that have been abandoned; or
``(II) transit lines that are not in use.
``(B) Clarification with respect to certain bridges and
tunnels.--The bridges and tunnels referred to in subparagraph
(A)(ii) do not include bridges or tunnels located on railroad
or transit lines--
``(i) over which service has been discontinued; or
``(ii) that have been railbanked or otherwise reserved
for the transportation of goods or passengers.''.
(b) Title 49 Amendment.--Section 303 of title 49, United States
Code, is further amended--
(1) in subsection (c), in the matter preceding paragraph (1),
by striking ``subsection (d)'' and inserting ``subsections (d) and
(h)''; and
(2) by adding at the end the following:
``(h) Rail and Transit.--
``(1) In general.--Improvements to, or the maintenance,
rehabilitation, or operation of, railroad or rail transit lines or
elements thereof that are in use or were historically used for the
transportation of goods or passengers shall not be considered a use
of a historic site under subsection (c), regardless of whether the
railroad or rail transit line or element thereof is listed on, or
eligible for listing on, the National Register of Historic Places.
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply to--
``(i) stations; or
``(ii) bridges or tunnels located on--
``(I) railroad lines that have been abandoned; or
``(II) transit lines that are not in use.
``(B) Clarification with respect to certain bridges and
tunnels.--The bridges and tunnels referred to in subparagraph
(A)(ii) do not include bridges or tunnels located on railroad
or transit lines--
``(i) over which service has been discontinued; or
``(ii) that have been railbanked or otherwise reserved
for the transportation of goods or passengers.''.
SEC. 11503. EFFICIENT ENVIRONMENTAL REVIEWS.
(a) Amendment.--Title 49, United States Code, is amended by
inserting after chapter 241 the following new chapter:
``CHAPTER 242--PROJECT DELIVERY
``Sec.
``24201. Efficient environmental reviews.
``Sec. 24201. Efficient environmental reviews
``(a) 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 to any railroad
project that requires the approval of the Secretary under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) Regulations and procedures.--In carrying out paragraph
(1), the Secretary shall incorporate into agency regulations and
procedures pertaining to railroad projects described in paragraph
(1) aspects of such project development procedures, or portions
thereof, determined appropriate by the Secretary in a manner
consistent with this section, that increase the efficiency of the
review of railroad projects.
``(3) Discretion.--The Secretary may choose not to incorporate
into agency regulations and procedures pertaining to railroad
projects described in paragraph (1) such project development
procedures that could only feasibly apply to highway projects,
public transportation capital projects, and multimodal projects.
``(4) Applicability.--Subsection (l) of section 139 of title 23
shall apply to railroad projects described in paragraph (1), except
that the limitation on claims of 150 days shall be 2 years.
``(b) Additional Categorical Exclusions.--Not later than 6 months
after the date of enactment of the Passenger Rail Reform and Investment
Act of 2015, the Secretary shall--
``(1) survey the use by the Federal Railroad Administration of
categorical exclusions in transportation projects since 2005; and
``(2) publish in the Federal Register for notice and public
comment a review of the survey that includes a description of--
``(A) the types of actions categorically excluded; and
``(B) any actions the Secretary is considering for new
categorical exclusions, including those that would conform to
those of other modal administrations.
``(c) New Categorical Exclusions.--Not later than 1 year after the
date of enactment of the Passenger Rail Reform and Investment Act of
2015, the Secretary shall publish a notice of proposed rulemaking to
propose new and existing categorical exclusions for railroad projects
that require the approval of the Secretary under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including
those identified under subsection (b), and develop a process for
considering new categorical exclusions to the extent that the
categorical exclusions meet the criteria for a categorical exclusion
under section 1508.4 of title 40, Code of Federal Regulations.
``(d) Transparency.--The Secretary shall maintain and make publicly
available, including on the Internet, a database that identifies
project-specific information on the use of a categorical exclusion on
any railroad project carried out under this title.
``(e) Protections for Existing Agreements and NEPA.--Nothing in
subtitle E of the Passenger Rail Reform and Investment Act of 2015, or
any amendment made by such subtitle, shall affect any existing
environmental review process, program, agreement, or funding
arrangement approved by the Secretary under title 49, as that title was
in effect on the day preceding the date of enactment of such
subtitle.''.
(b) Savings Clause.--Except as expressly provided in section
41003(f) and subsection (o) of section 139 of title 23, United States
Code, the requirements and other provisions of title 41 of this Act
shall not apply to--
(1) programs administered now and in the future by the
Department of Transportation or its operating administrations under
title 23, 46, or 49, United States Code, including direct loan and
loan guarantee programs, or other Federal statutes or programs or
projects administered by an agency pursuant to their authority
under title 49, United States Code; or
(2) any project subject to section 2045 of the Water Resources
Development Act of 2007 (33 U.S.C. 2348).
(c) Table of Chapters Amendment.--The table of chapters of subtitle
V of title 49, United States Code, is amended by inserting after the
item relating to chapter 241 the following:
``242. Project delivery.........................................24201''.
SEC. 11504. RAILROAD RIGHTS-OF-WAY.
(a) Amendment.--Chapter 242 of title 49, United States Code, (as
added by this Act) is amended by adding at the end the following:
``Sec. 24202. Railroad rights-of-way
``(a) In General.--Not later than 1 year after the date of
enactment of the Passenger Rail Reform and Investment Act of 2015, the
Secretary shall submit a proposed exemption of railroad rights-of-way
from the review under section 306108 of title 54 to the Advisory
Council on Historic Preservation for consideration, consistent with the
exemption for interstate highways approved on March 10, 2005 (70 Fed.
Reg. 11,928).
``(b) Final Exemption.--Not later than 180 days after the date on
which the Secretary submits the proposed exemption under subsection (a)
to the Council, the Council shall issue a final exemption of railroad
rights-of-way from review under chapter 3061 of title 54 consistent
with the exemption for interstate highways approved on March 10, 2005
(70 Fed. Reg. 11,928).''.
(b) Conforming Amendment.--The table of contents for chapter 242 of
title 49, United States Code, (as added by this Act) is amended by
adding at the end the following:
``24202. Railroad rights-of-way.''.
Subtitle F--Financing
SEC. 11601. 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 (45 U.S.C. 801 et
seq.).
SEC. 11602. 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 terms of the direct loan or loan guarantee
provided by the Secretary.''.
SEC. 11603. ELIGIBLE APPLICANTS.
Section 502(a) (45 U.S.C. 822(a)) is amended--
(1) in paragraph (5), by striking ``one railroad'' 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 railroad, limited option freight
shippers that own or operate a plant or other facility.''.
SEC. 11604. ELIGIBLE PURPOSES.
(a) In General.--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
activities described in subparagraph (A) or (C); or
``(E) finance economic development, including commercial
and residential development, and related infrastructure and
activities, that--
``(i) incorporates private investment;
``(ii) is physically or functionally related to a
passenger rail station or multimodal station that includes
rail service;
``(iii) has a high probability of the applicant
commencing the contracting process for construction not
later than 90 days after the date on which the direct loan
or loan guarantee is obligated for the project under this
title; and
``(iv) has a high probability of reducing the need for
financial assistance under any other Federal program for
the relevant passenger rail station or service by
increasing ridership, tenant lease payments, or other
activities that generate revenue exceeding costs.''.
(b) Required Non-Federal Match for Transit-oriented Development
Projects.--Section 502(h) (45 U.S.C. 822(h)) is amended by adding at
the end the following:
``(4) The Secretary shall require each recipient of a direct loan
or loan guarantee under this section for a project described in
subsection (b)(1)(E) to provide a non-Federal match of not less than 25
percent of the total amount expended by the recipient for such
project.''.
(c) Sunset.--Section 502(b) (45 U.S.C. 822(b)) is amended by adding
at the end the following:
``(3) Sunset.--The Secretary may provide a direct loan or loan
guarantee under this section for a project described in paragraph
(1)(E) only during the 4-year period beginning on the date of
enactment of the Passenger Rail Reform and Investment Act of
2015.''.
SEC. 11605. 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, or additional information and material under paragraph
(2)(B), 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, including any information required by an
independent financial analyst; and
``(B) allow the applicant to resubmit the application with
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 an application for a
direct loan or loan guarantee under this title.
``(5) Dashboard.--The Secretary shall post on the Department of
Transportation's Internet Web site a monthly report that includes,
for each application--
``(A) the applicant type;
``(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, a 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 so 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 striking subsection (l), as so redesignated, and
inserting the following:
``(l) Charges and Loan Servicing.--
``(1) Purposes.--The Secretary may collect 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 title.
``(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 title.
``(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. 11606. 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 following: ``the lesser of--
``(A) 35 years after the date of substantial completion of
the project; or
``(B) 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 obligor is unable to pay the
scheduled loan repayments of principal and interest on a direct
loan provided under this section, 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.--With respect to a direct
loan provided by the Secretary under this section, 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) is further
amended by adding at the end the following:
``(l) Nonsubordination.--
``(1) In general.--Except as provided in paragraph (2), a
direct loan provided by the Secretary under this section shall not
be subordinated to the claims of any holder of project obligations
in the event of bankruptcy, insolvency, or liquidation of the
obligor.
``(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. 11607. CREDIT RISK PREMIUMS.
(a) Infrastructure Partners.--Section 502(f) (45 U.S.C. 822(f)) is
amended--
(1) in paragraph (1) by striking the first sentence and
inserting the following: ``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 shall 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''.
(b) Savings Clause.--All provisions under sections 502 through 504
of the Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 801 et seq.) as they existed on the day before enactment of this
Act shall apply to direct loans provided by the Secretary prior to the
date of enactment of this Act, and nothing in this title may be
construed to limit the payback of a credit risk premium, with interest
accrued thereon, if a direct loan provided by the Secretary under such
sections has been paid back in full, prior to the date of enactment of
this Act.
SEC. 11608. MASTER CREDIT AGREEMENTS.
Section 502 (45 U.S.C. 822) is further amended by adding at the end
the following:
``(m) Master Credit Agreements.--
``(1) In general.--Subject to subsection (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. 11609. 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 moving paragraph (3) to appear before paragraph (2), and
redesignating those paragraphs accordingly;
(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)(2) (45 U.S.C.
822(h)(2)) is amended by inserting ``, if applicable'' after
``project''.
SEC. 11610. SAVINGS PROVISIONS.
(a) In General.--Except as provided in subsection (b) and section
11607(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 11607 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.
SEC. 11611. REPORT ON LEVERAGING RRIF.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall transmit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report that analyzes how the
Railroad Rehabilitation and Improvement Financing Program can be used
to improve passenger rail infrastructure.
(b) Report Contents.--The report required under subsection (a)
shall include--
(1) illustrative examples of projects that could be financed
under such Program;
(2) potential repayment sources for such projects, including
tax-increment financing, user fees, tolls, and other dedicated
revenue sources; and
(3) estimated costs and benefits of using the Program relative
to other options, including a comparison of the length of time such
projects would likely be completed without Federal credit
assistance.
DIVISION B--COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF
2015
TITLE XXIV--MOTOR VEHICLE SAFETY
Subtitle A--Vehicle Safety
SEC. 24101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to subsection (b), there is authorized to
be appropriated to the Secretary to carry out chapter 301 of title 49,
and part C of subtitle VI of title 49, United States Code, amounts as
follows:
(1) $132,730,000 for fiscal year 2016.
(2) $135,517,330 for fiscal year 2017.
(3) $138,363,194 for fiscal year 2018.
(4) $141,268,821 for fiscal year 2019.
(5) $144,235,466 for fiscal year 2020.
(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.
(2) Certification described.--The certification described in
this paragraph is a certification made by the Secretary and
submitted to Congress that the National Highway Traffic Safety
Administration has implemented all of the recommendations in the
Office of Inspector General Audit Report issued June 18, 2015 (ST-
2015-063). As part of the certification, the Secretary shall review
the actions the National Highway Traffic Safety Administration has
taken to implement the recommendations and issue a report to
Congress detailing how the recommendations were implemented. The
Secretary shall not delegate or assign the responsibility under
this paragraph.
SEC. 24102. INSPECTOR GENERAL RECOMMENDATIONS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, and periodically thereafter until the completion date, the
Department of Transportation Inspector General shall report to the
appropriate committees of Congress on whether and what progress has
been made to implement the recommendations in the Office of Inspector
General Audit Report issued June 18, 2015 (ST-2015-063).
(b) Implementation Progress.--The Administrator of the National
Highway Traffic Safety Administration shall--
(1) not later than 90 days after the date of enactment of this
Act, and periodically thereafter until the completion date, provide
a briefing to the appropriate committees of Congress on the actions
the Administrator has taken to implement the recommendations in the
audit report described in subsection (a), including a plan for
implementing any remaining recommendations; and
(2) not later than 1 year after the date of enactment of this
Act, issue a final report to the appropriate committees of Congress
on the implementation of all of the recommendations in the audit
report described in subsection (a).
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives.
(2) Completion date.--The term ``completion date'' means the
date that the National Highway Traffic Safety Administration has
implemented all of the recommendations in the Office of Inspector
General Audit Report issued June 18, 2015 (ST-2015-063).
SEC. 24103. IMPROVEMENTS IN AVAILABILITY OF RECALL INFORMATION.
(a) Vehicle Recall Information.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall implement current
information technology, web design trends, and best practices that will
help ensure that motor vehicle safety recall information available to
the public on the Federal website is readily accessible and easy to
use, including--
(1) by improving the organization, availability, readability,
and functionality of the website;
(2) by accommodating high-traffic volume; and
(3) by establishing best practices for scheduling routine
website maintenance.
(b) Government Accountability Office Public Awareness Report.--
(1) In general.--The Comptroller General shall study the
current use by consumers, dealers, and manufacturers of the safety
recall information made available to the public, including the
usability and content of the Federal and manufacturers' websites
and the National Highway Traffic Safety Administration's efforts to
publicize and educate consumers about safety recall information.
(2) Report.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General shall issue a report with the
findings of the study under paragraph (1), including recommending
any actions the Secretary can take to improve public awareness and
use of the websites for safety recall information.
(c) Promotion of Public Awareness.--Section 31301(c) of the Moving
Ahead for Progress in the 21st Century Act (49 U.S.C. 30166 note) is
amended to read as follows:
``(c) Promotion of Public Awareness.--The Secretary shall improve
public awareness of safety recall information made publicly available
by periodically updating the method of conveying that information to
consumers, dealers, and manufacturers, such as through public service
announcements.''.
(d) Consumer Guidance.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall make available to the public
on the Internet detailed guidance for consumers submitting safety
complaints, including--
(1) a detailed explanation of what information a consumer
should include in a complaint; and
(2) a detailed explanation of the possible actions the National
Highway Traffic Safety Administration can take to address a
complaint and respond to the consumer, including information on--
(A) the consumer records, such as photographs and police
reports, that could assist with an investigation; and
(B) the length of time a consumer should retain the records
described in subparagraph (A).
(e) Vin Search.--
(1) In general.--The Secretary, in coordination with industry,
including manufacturers and dealers, shall study--
(A) the feasibility of searching multiple vehicle
identification numbers at a time to retrieve motor vehicle
safety recall information; and
(B) the feasibility of making the search mechanism
described under subparagraph (A) publicly available.
(2) Considerations.--In conducting the study under paragraph
(1), the Secretary shall consider the potential costs, and
potential risks to privacy and security in implementing such a
search mechanism.
SEC. 24104. RECALL PROCESS.
(a) Notification Improvement.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall prescribe a final rule
revising the regulations under section 577.7 of title 49, Code of
Federal Regulations, to include notification by electronic means in
addition to notification by first class mail.
(2) Definition of electronic means.--In this subsection, the
term ``electronic means'' includes electronic mail and may include
such other means of electronic notification, such as social media
or targeted online campaigns, as determined by the Secretary.
(b) Notification by Manufacturer.--Section 30118(c) of title 49,
United States Code, is amended by inserting ``or electronic mail''
after ``certified mail''.
(c) Recall Completion Rates Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and biennially thereafter for 4 years, the
Secretary shall--
(A) conduct an analysis of vehicle safety recall completion
rates to assess potential actions by the National Highway
Traffic Safety Administration to improve vehicle safety recall
completion rates; and
(B) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on the
results of the analysis.
(2) Contents.--Each report shall include--
(A) the annual recall completion rate by manufacturer,
model year, component (such as brakes, fuel systems, and air
bags), and vehicle type (passenger car, sport utility vehicle,
passenger van, and pick-up truck) for each of the 5 years
before the year the report is submitted;
(B) the methods by which the Secretary has conducted
analyses of these recall completion rates to determine trends
and identify risk factors associated with lower recall rates;
and
(C) the actions the Secretary has planned to improve recall
completion rates based on the results of this data analysis.
(d) Inspector General Audit of Vehicle Recalls.--
(1) In general.--The Department of Transportation Inspector
General shall conduct an audit of the National Highway Traffic
Safety Administration's management of vehicle safety recalls.
(2) Contents.--The audit shall include a determination of
whether the National Highway Traffic Safety Administration--
(A) appropriately monitors recalls to ensure the
appropriateness of scope and adequacy of recall completion
rates and remedies;
(B) ensures manufacturers provide safe remedies, at no cost
to consumers;
(C) is capable of coordinating recall remedies and
processes; and
(D) can improve its policy on consumer notice to combat
effects of recall fatigue.
SEC. 24105. PILOT GRANT PROGRAM FOR STATE NOTIFICATION TO CONSUMERS OF
MOTOR VEHICLE RECALL STATUS.
(a) In General.--Not later than October 1, 2016, the Secretary
shall implement a 2-year pilot program to evaluate the feasibility and
effectiveness of a State process for informing consumers of open motor
vehicle recalls at the time of motor vehicle registration in the State.
(b) Grants.--To carry out this program, the Secretary may make a
grant to each eligible State, but not more than 6 eligible States in
total, that agrees to comply with the requirements under subsection
(c). Funds made available to a State under this section shall be used
by the State for the pilot program described in subsection (a).
(c) Eligibility.--To be eligible for a grant, a State shall--
(1) submit an application in such form and manner as the
Secretary prescribes;
(2) agree to notify, at the time of registration, each owner or
lessee of a motor vehicle presented for registration in the State
of any open recall on that vehicle;
(3) provide the open motor vehicle recall information at no
cost to each owner or lessee of a motor vehicle presented for
registration in the State; and
(4) provide such other information as the Secretary may
require.
(d) Awards.--In selecting an applicant for an award under this
section, the Secretary shall consider the State's methodology for
determining open recalls on a motor vehicle, for informing consumers of
the open recalls, and for determining performance.
(e) Performance Period.--Each grant awarded under this section
shall require a 2-year performance period.
(f) Report.--Not later than 90 days after the completion of the
performance period under subsection (e), a grantee shall provide to the
Secretary a report of performance containing such information as the
Secretary considers necessary to evaluate the extent to which open
recalls have been remedied.
(g) Evaluation.--Not later than 180 days after the completion of
the pilot program, the Secretary shall evaluate the extent to which
open recalls identified have been remedied.
(h) Definitions.--In this section:
(1) Consumer.--The term ``consumer'' includes owner and lessee.
(2) Motor vehicle.--The term ``motor vehicle'' has the meaning
given the term under section 30102(a) of title 49, United States
Code.
(3) Open recall.--The term ``open recall'' means a recall for
which a notification by a manufacturer has been provided under
section 30119 of title 49, United States Code, and that has not
been remedied under section 30120 of that title.
(4) Registration.--The term ``registration'' means the process
for registering motor vehicles in the State.
(5) State.--The term ``State'' has the meaning given the term
under section 101(a) of title 23, United States Code.
SEC. 24106. RECALL OBLIGATIONS UNDER BANKRUPTCY.
Section 30120A of title 49, United States Code, is amended by
striking ``chapter 11 of title 11,'' and inserting ``chapter 7 or
chapter 11 of title 11''.
SEC. 24107. DEALER REQUIREMENT TO CHECK FOR OPEN RECALL.
Section 30120(f) of title 49, United States Code, is amended--
(1) by inserting ``(1) in general. A manufacturer'' and
indenting appropriately;
(2) in paragraph (1), as redesignated, by striking the period
at the end and inserting the following: ``if--
``(A) at the time of providing service for each of the
manufacturer's motor vehicles it services, the dealer notifies
the owner or the individual requesting the service of any open
recall; and
``(B) the notification requirement under subparagraph (A)
is specified in a franchise, operating, or other agreement
between the dealer and the manufacturer.''; and
(3) by adding at the end the following:
``(2) Definition of open recall.--In this subsection, the term
`open recall' means a recall for which a notification by a
manufacturer has been provided under section 30119 and that has not
been remedied under this section.''.
SEC. 24108. EXTENSION OF TIME PERIOD FOR REMEDY OF TIRE DEFECTS.
Section 30120(b) of title 49, United States Code, is amended--
(1) in paragraph (1), by striking ``60 days'' and inserting
``180 days''; and
(2) in paragraph (2), by striking ``60-day'' each place it
appears and inserting ``180-day''.
SEC. 24109. RENTAL CAR SAFETY.
(a) Short Title.--This section may be cited as the ``Raechel and
Jacqueline Houck Safe Rental Car Act of 2015''.
(b) Definitions.--Section 30102(a) of title 49, United States Code,
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 35 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 35
or more covered rental vehicles, on average, during the
calendar year.''.
(c) Remedies for Defects and Noncompliance.--Section 30120(i) of
title 49, United States Code, 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) of title 49, United States Code, is amended by inserting
``rental company,'' after ``dealer,'' each place such term appears.
(e) Inspections, Investigations, and Records.--Section 30166 of
title 49, United States Code, 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) in paragraph (1), by striking ``subsection (b)'' and
inserting ``subparagraphs (A) through (E) and (G) of subsection
(b)(2)'';
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(C) by striking ``Report. Not later'' and inserting the
following:
``(c) Reports.--
``(1) Initial report.--Not later''; and
(D) by adding at the end the following:
``(2) Safety recall remedy report.--Not later than 1 year after
the date of the enactment of the `Raechel and Jacqueline Houck Safe
Rental Car Act of 2015', the Secretary shall submit a report to the
congressional committees set forth in paragraph (1) that contains--
``(A) the findings of the study conducted pursuant to
subsection (b)(2)(F); and
``(B) any recommendations for legislation that the
Secretary determines to be appropriate.''.
(h) Public Comments.--The Secretary shall solicit comments
regarding the implementation of this section from members of the
public, including rental companies, consumer organizations, automobile
manufacturers, and automobile dealers.
(i) Rule of Construction.--Nothing in this section or the
amendments made by this section--
(1) may be construed to create or increase any liability,
including for loss of use, for a manufacturer as a result of having
manufactured or imported a motor vehicle subject to a notification
of defect or noncompliance under subsection (b) or (c) of section
30118 of title 49, United States Code; or
(2) shall supersede or otherwise affect the contractual
obligations, if any, between such a manufacturer and a rental
company (as defined in section 30102(a) of title 49, United States
Code).
(j) Rulemaking.--The Secretary may promulgate rules, as
appropriate, to implement this section and the amendments made by this
section.
(k) Effective Date.--The amendments made by this section shall take
effect on the date that is 180 days after the date of enactment of this
Act.
SEC. 24110. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF MOTOR VEHICLE
SAFETY.
(a) Increase in Civil Penalties.--Section 30165(a) of title 49,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``$5,000'' and inserting ``$21,000''; and
(B) by striking ``$35,000,000'' and inserting
``$105,000,000''; and
(2) in paragraph (3)--
(A) by striking ``$5,000'' and inserting ``$21,000''; and
(B) by striking ``$35,000,000'' and inserting
``$105,000,000''.
(b) Effective Date.--The amendments made by subsection (a) of this
section take effect on the date that the Secretary certifies to
Congress that the National Highway Traffic Safety Administration has
issued the final rule required by section 31203(b) of the Moving Ahead
for Progress In the 21st Century Act (Public Law 112-141; 126 Stat.
758; 49 U.S.C. 30165 note).
(c) Publication of Effective Date.--The Secretary shall publish
notice of the effective date under subsection (b) of this section in
the Federal Register.
SEC. 24111. ELECTRONIC ODOMETER DISCLOSURES.
Section 32705(g) of title 49, United States Code, is amended--
(1) by inserting ``(1)'' before ``Not later than'' and
indenting appropriately; and
(2) by adding at the end the following:
``(2) Notwithstanding paragraph (1) and subject to paragraph
(3), a State, without approval from the Secretary under subsection
(d), may allow for written disclosures or notices and related
matters to be provided electronically if--
``(A) in compliance with--
``(i) the requirements of subchapter 1 of chapter 96 of
title 15; or
``(ii) the requirements of a State law under section
7002(a) of title 15; and
``(B) the disclosures or notices otherwise meet the
requirements under this section, including appropriate
authentication and security measures.
``(3) Paragraph (2) ceases to be effective on the date the
regulations under paragraph (1) become effective.''.
SEC. 24112. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS.
Section 30166(o) of title 49, United States Code, is amended--
(1) in paragraph (1), by striking ``may'' and inserting
``shall''; and
(2) by adding at the end the following:
``(3) Deadline.--Not later than 1 year after the date of
enactment of the Comprehensive Transportation and Consumer
Protection Act of 2015, the Secretary shall issue a final rule
under paragraph (1).''.
SEC. 24113. DIRECT VEHICLE NOTIFICATION OF RECALLS.
(a) Recall Notification Report.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall issue a report on
the feasibility of a technical system that would operate in each new
motor vehicle to indicate when the vehicle is subject to an open
recall.
(b) Definition of Open Recall.--In this section the term ``open
recall'' means a recall for which a notification by a manufacturer has
been provided under section 30119 of title 49, United States Code, and
that has not been remedied under section 30120 of that title.
SEC. 24114. UNATTENDED CHILDREN WARNING.
Section 31504(a) of the Moving Ahead for Progress in the 21st
Century Act (49 U.S.C. 30111 note) is amended by striking ``may'' and
inserting ``shall''.
SEC. 24115. TIRE PRESSURE MONITORING SYSTEM.
(a) Proposed Rule.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall publish a proposed rule
that--
(1) 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 such updated standards cannot be overridden, reset, or
recalibrated in such a way that the system will no longer detect
when the inflation pressure in one or more of the vehicle's tires
has fallen to or below a significantly underinflated pressure
level; and
(2) does not contain any provision that has the effect of
prohibiting the availability of direct or indirect tire pressure
monitoring systems that meet the requirements of the standards
updated pursuant to paragraph (1).
(b) 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 pursuant to
subsection (a), the Secretary shall issue a final rule based on the
proposed rule described in subsection (a) that--
(1) allows a manufacturer to install a tire pressure monitoring
system that can be reset or recalibrated to accommodate--
(A) the repositioning of tire sensor locations on vehicles
with split inflation pressure recommendations;
(B) tire rotation; or
(C) replacement tires or wheels of a different size than
the original equipment tires or wheels; and
(2) to address the accommodations described in subparagraphs
(A), (B), and (C) of paragraph (1), ensures that a tire pressure
monitoring system that is reset or recalibrated according to the
manufacturer's instructions would illuminate the low tire pressure
warning telltale when a tire is significantly underinflated until
the tire is no longer significantly underinflated.
(c) Significantly Underinflated Pressure Level Defined.--In this
section, the term ``significantly underinflated pressure level'' means
a pressure level that is--
(1) below the level at which the low tire pressure warning
telltale must illuminate, 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 or
successor regulation or ruling (as determined by the Secretary);
and
(2) in the case of a replacement wheel or tire, below the
recommended cold inflation pressure of the wheel or tire
manufacturer.
SEC. 24116. INFORMATION REGARDING COMPONENTS INVOLVED IN RECALL.
Section 30119 of title 49, United States Code, is amended by adding
at the end the following:
``(g) Information Regarding Components Involved in Recall.--A
manufacturer that is required to furnish a report under section 573.6
of title 49, Code of Federal Regulations (or any successor regulation)
for a defect or noncompliance in a motor vehicle or in an item of
original or replacement equipment shall, if such defect or
noncompliance involves a specific component or components, include in
such report, with respect to such component or components, the
following information:
``(1) The name of the component or components.
``(2) A description of the component or components.
``(3) The part number of the component or components, if
any.''.
Subtitle B--Research And Development And Vehicle Electronics
SEC. 24201. REPORT ON OPERATIONS OF THE COUNCIL FOR VEHICLE
ELECTRONICS, VEHICLE SOFTWARE, AND EMERGING TECHNOLOGIES.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report regarding the operations of
the Council for Vehicle Electronics, Vehicle Software, and Emerging
Technologies established under section 31401 of the Moving Ahead for
Progress in the 21st Century Act (49 U.S.C. 105 note). The report shall
include information about the accomplishments of the Council, the role
of the Council in integrating and aggregating electronic and emerging
technologies expertise across the National Highway Traffic Safety
Administration, the role of the Council in coordinating with other
Federal agencies, and the priorities of the Council over the next 5
years.
SEC. 24202. COOPERATION WITH FOREIGN GOVERNMENTS.
(a) Title 49 Amendment.--Section 30182(b) of title 49, United
States Code, is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following:
``(6) in coordination with Department of State, enter into
cooperative agreements and collaborative research and development
agreements with foreign governments.''.
(b) Title 23 Amendment.--Section 403 of title 23, United States
Code, is amended--
(1) in subsection (b)(2)(C), by inserting ``foreign government
(in coordination with the Department of State)'' after
``institution,''; and
(2) in subsection (c)(1)(A), by inserting ``foreign
governments,'' after ``local governments,''.
(c) Audit.--The Department of Transportation Inspector General
shall conduct an audit of the Secretary of Transportation's management
and oversight of cooperative agreements and collaborative research and
development agreements, including any cooperative agreements between
the Secretary of Transportation and foreign governments under section
30182(b)(6) of title 49, United States Code, and subsections (b)(2)(C)
and (c)(1)(A) of title 23, United States Code.
Subtitle C--Miscellaneous Provisions
PART I--DRIVER PRIVACY ACT OF 2015
SEC. 24301. SHORT TITLE.
This part may be cited as the ``Driver Privacy Act of 2015''.
SEC. 24302. LIMITATIONS ON DATA RETRIEVAL FROM VEHICLE EVENT DATA
RECORDERS.
(a) Ownership of Data.--Any data retained by an event data recorder
(as defined in section 563.5 of title 49, Code of Federal Regulations),
regardless of when the motor vehicle in which it is installed was
manufactured, is the property of the owner, or, in the case of a leased
vehicle, the lessee of the motor vehicle in which the event data
recorder is installed.
(b) Privacy.--Data recorded or transmitted by an event data
recorder described in subsection (a) may not be accessed by a person
other than an owner or a lessee of the motor vehicle in which the event
data recorder is installed unless--
(1) a court or other judicial or administrative authority
having jurisdiction--
(A) authorizes the retrieval of the data; and
(B) to the extent that there is retrieved data, the data is
subject to the standards for admission into evidence required
by that court or other administrative authority;
(2) an owner or a lessee of the motor vehicle provides written,
electronic, or recorded audio consent to the retrieval of the data
for any purpose, including the purpose of diagnosing, servicing, or
repairing the motor vehicle, or by agreeing to a subscription that
describes how data will be retrieved and used;
(3) the data is retrieved pursuant to an investigation or
inspection authorized under section 1131(a) or 30166 of title 49,
United States Code, and the personally identifiable information of
an owner or a lessee of the vehicle and the vehicle identification
number is not disclosed in connection with the retrieved data,
except that the vehicle identification number may be disclosed to
the certifying manufacturer;
(4) the data is retrieved for the purpose of determining the
need for, or facilitating, emergency medical response in response
to a motor vehicle crash; or
(5) the data is retrieved for traffic safety research, and the
personally identifiable information of an owner or a lessee of the
vehicle and the vehicle identification number is not disclosed in
connection with the retrieved data.
SEC. 24303. VEHICLE EVENT DATA RECORDER STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the National Highway Traffic Safety
Administration shall submit to Congress a report that contains the
results of a study conducted by the Administrator to determine the
amount of time event data recorders installed in passenger motor
vehicles should capture and record for retrieval vehicle-related data
in conjunction with an event in order to provide sufficient information
to investigate the cause of motor vehicle crashes.
(b) Rulemaking.--Not later than 2 years after submitting the report
required under subsection (a), the Administrator of the National
Highway Traffic Safety Administration shall promulgate regulations to
establish the appropriate period during which event data recorders
installed in passenger motor vehicles may capture and record for
retrieval vehicle-related data to the time necessary to provide
accident investigators with vehicle-related information pertinent to
crashes involving such motor vehicles.
PART II--SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015
SEC. 24321. SHORT TITLE.
This part may be cited as the ``Safety Through Informed Consumers
Act of 2015''.
SEC. 24322. PASSENGER MOTOR VEHICLE INFORMATION.
Section 32302 of title 49, United States Code, is amended by
inserting after subsection (b) the following:
``(c) Crash Avoidance.--Not later than 1 year after the date of
enactment of the Safety Through Informed Consumers Act of 2015, the
Secretary shall promulgate a rule to ensure that crash avoidance
information is indicated next to crashworthiness information on
stickers placed on motor vehicles by their manufacturers.''.
PART III--TIRE EFFICIENCY, SAFETY, AND REGISTRATION ACT OF 2015
SEC. 24331. SHORT TITLE.
This part may be cited as the ``Tire Efficiency, Safety, and
Registration Act of 2015'' or the ``TESR Act''.
SEC. 24332. TIRE FUEL EFFICIENCY MINIMUM PERFORMANCE STANDARDS.
Section 32304A of title 49, United States Code, is amended--
(1) in the section heading, by inserting ``AND STANDARDS''
after ``CONSUMER TIRE INFORMATION'';
(2) in subsection (a)--
(A) in the heading, by striking ``Rulemaking'' and
inserting ``Consumer Tire Information''; and
(B) in paragraph (1), by inserting ``(referred to in this
section as the `Secretary')'' after ``Secretary of
Transportation'';
(3) by redesignating subsections (b) through (e) as subsections
(e) though (h), respectively; and
(4) by inserting after subsection (a) the following:
``(b) Promulgation of Regulations for Tire Fuel Efficiency Minimum
Performance Standards.--
``(1) In general.--The Secretary, after consultation with the
Secretary of Energy and the Administrator of the Environmental
Protection Agency, shall promulgate regulations for tire fuel
efficiency minimum performance standards for--
``(A) passenger car tires with a maximum speed capability
equal to or less than 149 miles per hour or 240 kilometers per
hour; and
``(B) passenger car tires with a maximum speed capability
greater than 149 miles per hour or 240 kilometers per hour.
``(2) Tire fuel efficiency minimum performance standards.--
``(A) Standard basis and test procedures.--The minimum
performance standards promulgated under paragraph (1) shall be
expressed in terms of the rolling resistance coefficient
measured using the test procedure specified in section 575.106
of title 49, Code of Federal Regulations (as in effect on the
date of enactment of this Act).
``(B) No disparate effect on high performance tires.--The
Secretary shall ensure that the minimum performance standards
promulgated under paragraph (1) will not have a
disproportionate effect on passenger car high performance tires
with a maximum speed capability greater than 149 miles per hour
or 240 kilometers per hour.
``(C) Applicability.--
``(i) In general.--This subsection applies to new
pneumatic tires for use on passenger cars.
``(ii) Exceptions.--This subsection does not apply to
light truck tires, deep tread tires, winter-type snow
tires, space-saver or temporary use spare tires, or tires
with nominal rim diameters of 12 inches or less.
``(c) Promulgation of Regulations for Tire Wet Traction Minimum
Performance Standards.--
``(1) In general.--The Secretary shall promulgate regulations
for tire wet traction minimum performance standards to ensure that
passenger tire wet traction capability is not reduced to achieve
improved tire fuel efficiency.
``(2) Tire wet traction minimum performance standards.--
``(A) Basis of standard.--The minimum performance standards
promulgated under paragraph (1) shall be expressed in terms of
peak coefficient of friction.
``(B) Test procedures.--Any test procedure promulgated
under this subsection shall be consistent with any test
procedure promulgated under subsection (a).
``(C) Benchmarking.--The Secretary shall conduct testing to
benchmark the wet traction performance of tire models available
for sale in the United States as of the date of enactment of
this Act to ensure that the minimum performance standards
promulgated under paragraph (1) are tailored to--
``(i) tires sold in the United States; and
``(ii) the needs of consumers in the United States.
``(D) Applicability.--
``(i) In general.--This subsection applies to new
pneumatic tires for use on passenger cars.
``(ii) Exceptions.--This subsection does not apply to
light truck tires, deep tread tires, winter-type snow
tires, space-saver or temporary use spare tires, or tires
with nominal rim diameters of 12 inches or less.
``(d) Coordination Among Regulations.--
``(1) Compatibility.--The Secretary shall ensure that the test
procedures and requirements promulgated under subsections (a), (b),
and (c) are compatible and consistent.
``(2) Combined effect of rules.--The Secretary shall evaluate
the regulations promulgated under subsections (b) and (c) to ensure
that compliance with the minimum performance standards promulgated
under subsection (b) will not diminish wet traction performance of
affected tires.
``(3) Rulemaking deadlines.--The Secretary shall promulgate--
``(A) the regulations under subsections (b) and (c) not
later than 24 months after the date of enactment of this Act;
and
``(B) the regulations under subsection (c) not later than
the date of promulgation of the regulations under subsection
(b).''.
SEC. 24333. TIRE REGISTRATION BY INDEPENDENT SELLERS.
Paragraph (3) of section 30117(b) of title 49, United States Code,
is amended to read as follows:
``(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;
``(ii) information identifying the tire that was
purchased or leased; and
``(iii) 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), (ii), and (iii) of subparagraph (A) to the
manufacturer of the tires or the designee of the manufacturer
by secure means at no cost to tire purchasers or lessors.
``(C) Satisfaction of requirements.--A regulation
promulgated under subparagraph (A) may be considered to satisfy
the requirements of paragraph (2)(B).''.
SEC. 24334. TIRE IDENTIFICATION STUDY AND REPORT.
(a) Study.--The Secretary shall conduct a study to examine the
feasibility of requiring all manufacturers of tires subject to section
30117(b) of title 49, United States Code, to--
(1) include electronic identification on every tire that
reflects all of the information currently required in the tire
identification number; and
(2) ensure that the same type and format of electronic
information technology is used on all tires.
(b) Report.--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 the
results of the study required by paragraph (1).
SEC. 24335. TIRE RECALL DATABASE.
(a) In General.--The Secretary shall establish a publicly available
and searchable electronic database of tire recall information that is
reported to the Administrator of the National Highway Traffic Safety
Administration.
(b) Tire Identification Number.--The database established under
subsection (a) shall be searchable by Tire Identification Number (TIN)
and any other criteria that assists consumers in determining whether a
tire is subject to a recall.
PART IV--ALTERNATIVE FUEL VEHICLES
SEC. 24341. REGULATORY PARITY FOR NATURAL GAS VEHICLES.
The Administrator of the Environmental Protection Agency shall
revise the regulations issued in sections 600.510-12(c)(2)(vi) and
600.510-12(c)(2) (vii)(A) of title 40, Code of Federal Regulations, to
replace references to the year ``2019'' with the year ``2016''.
PART V--MOTOR VEHICLE SAFETY WHISTLEBLOWER ACT
SEC. 24351. SHORT TITLE.
This part may be cited as the ``Motor Vehicle Safety Whistleblower
Act''.
SEC. 24352. MOTOR VEHICLE SAFETY WHISTLEBLOWER INCENTIVES AND
PROTECTIONS.
(a) In General.--Subchapter IV of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 30172. Whistleblower incentives and protections
``(a) Definitions.--In this section:
``(1) Covered action.--The term `covered action' means any
administrative or judicial action, including any related
administrative or judicial action, brought by the Secretary or the
Attorney General under this chapter that in the aggregate results
in monetary sanctions exceeding $1,000,000.
``(2) Monetary sanctions.--The term `monetary sanctions' means
monies, including penalties and interest, ordered or agreed to be
paid.
``(3) Original information.--The term `original information'
means information that--
``(A) is derived from the independent knowledge or analysis
of an individual;
``(B) is not known to the Secretary from any other source,
unless the individual is the original source of the
information; and
``(C) is not exclusively derived from an allegation made in
a judicial or an administrative action, in a governmental
report, a hearing, an audit, or an investigation, or from the
news media, unless the individual is a source of the
information.
``(4) Part supplier.--The term `part supplier' means a
manufacturer of motor vehicle equipment.
``(5) Successful resolution.--The term `successful resolution',
with respect to a covered action, includes any settlement or
adjudication of the covered action.
``(6) Whistleblower.--The term `whistleblower' means any
employee or contractor of a motor vehicle manufacturer, part
supplier, or dealership who voluntarily provides to the Secretary
original information relating to any motor vehicle defect,
noncompliance, or any violation or alleged violation of any
notification or reporting requirement of this chapter, which is
likely to cause unreasonable risk of death or serious physical
injury.
``(b) Awards.--
``(1) In general.--If the original information that a
whistleblower provided to the Secretary leads to the successful
resolution of a covered action, the Secretary, subject to
subsection (c), may pay an award or awards to one or more
whistleblowers in an aggregate amount of--
``(A) not less than 10 percent, in total, of collected
monetary sanctions; and
``(B) not more than 30 percent, in total, of collected
monetary sanctions.
``(2) Payment of awards.--Any amount payable under paragraph
(1) shall be paid from the monetary sanctions collected, and any
monetary sanctions so collected shall be available for such
payment.
``(c) Determination of Awards; Denial of Awards.--
``(1) Determination of awards.--
``(A) Discretion.--The determination of whether, to whom,
or in what amount to make an award shall be in the discretion
of the Secretary subject to the provisions in subsection
(b)(1).
``(B) Criteria.--In determining an award made under
subsection (b), the Secretary shall take into consideration--
``(i) if appropriate, whether a whistleblower reported
or attempted to report the information internally to an
applicable motor vehicle manufacturer, part supplier, or
dealership;
``(ii) the significance of the original information
provided by the whistleblower to the successful resolution
of the covered action;
``(iii) the degree of assistance provided by the
whistleblower and any legal representative of the
whistleblower in the covered action; and
``(iv) such additional factors as the Secretary
considers relevant.
``(2) Denial of awards.--No award under subsection (b) shall be
made--
``(A) to any whistleblower who is convicted of a criminal
violation related to the covered action for which the
whistleblower otherwise could receive an award under this
section;
``(B) to any whistleblower who, acting without direction
from an applicable motor vehicle manufacturer, part supplier,
or dealership, or agent thereof, deliberately causes or
substantially contributes to the alleged violation of a
requirement of this chapter;
``(C) to any whistleblower who submits information to the
Secretary that is based on the facts underlying the covered
action submitted previously by another whistleblower;
``(D) to any whistleblower who fails to provide the
original information to the Secretary in such form as the
Secretary may require by regulation; or
``(E) if the applicable motor vehicle manufacturer, parts
supplier, or dealership has an internal reporting mechanism in
place to protect employees from retaliation, to any
whistleblower who fails to report or attempt to report the
information internally through such mechanism, unless--
``(i) the whistleblower reasonably believed that such
an internal report would have resulted in retaliation,
notwithstanding section 30171(a);
``(ii) the whistleblower reasonably believed that the
information--
``(I) was already internally reported;
``(II) was already subject to or part of an
internal inquiry or investigation; or
``(III) was otherwise already known to the motor
vehicle manufacturer, part supplier, or dealership; or
``(iii) the Secretary has good cause to waive this
requirement.
``(d) Representation.--A whistleblower may be represented by
counsel.
``(e) No Contract Necessary.--No contract with the Secretary is
necessary for any whistleblower to receive an award under subsection
(b).
``(f) Protection of Whistleblowers; Confidentiality.--
``(1) In general.--Notwithstanding section 30167, and except as
provided in paragraphs (4) and (5) of this subsection, the
Secretary, and any officer or employee of the Department of
Transportation, shall not disclose any information, including
information provided by a whistleblower to the Secretary, which
could reasonably be expected to reveal the identity of a
whistleblower, except in accordance with the provisions of section
552a of title 5, unless--
``(A) required to be disclosed to a defendant or respondent
in connection with a public proceeding instituted by the
Secretary or any entity described in paragraph (5);
``(B) the whistleblower provides prior written consent for
the information to be disclosed; or
``(C) the Secretary, or other officer or employee of the
Department of Transportation, receives the information through
another source, such as during an inspection or investigation
under section 30166, and has authority under other law to
release the information.
``(2) Redaction.--The Secretary, and any officer or employee of
the Department of Transportation, shall take reasonable measures to
not reveal the identity of the whistleblower when disclosing any
information under paragraph (1).
``(3) Section 552(b)(3)(b).--For purposes of section 552 of
title 5, paragraph (1) of this subsection shall be considered a
statute described in subsection (b)(3)(B) of that section.
``(4) Effect.--Nothing in this subsection is intended to limit
the ability of the Attorney General to present such evidence to a
grand jury or to share such evidence with potential witnesses or
defendants in the course of an ongoing criminal investigation.
``(5) Availability to government agencies.--
``(A) In general.--Without the loss of its status as
confidential in the hands of the Secretary, all information
referred to in paragraph (1) may, in the discretion of the
Secretary, when determined by the Secretary to be necessary or
appropriate to accomplish the purposes of this chapter and in
accordance with subparagraph (B), be made available to the
following:
``(i) The Department of Justice.
``(ii) An appropriate department or agency of the
Federal Government, acting within the scope of its
jurisdiction.
``(B) Maintenance of information.--Each entity described in
subparagraph (A) shall maintain information described in that
subparagraph as confidential, in accordance with the
requirements in paragraph (1).
``(g) Provision of False Information.--A whistleblower who
knowingly and intentionally makes any false, fictitious, or fraudulent
statement or representation, or who makes or uses any false writing or
document knowing the same to contain any false, fictitious, or
fraudulent statement or entry, shall not be entitled to an award under
this section and shall be subject to prosecution under section 1001 of
title 18.
``(h) Appeals.--
``(1) In general.--Any determination made under this section,
including whether, to whom, or in what amount to make an award,
shall be in the discretion of the Secretary.
``(2) Appeals.--Any determination made by the Secretary under
this section may be appealed by a whistleblower to the appropriate
court of appeals of the United States not later than 30 days after
the determination is issued by the Secretary.
``(3) Review.--The court shall review the determination made by
the Secretary in accordance with section 706 of title 5.
``(i) Regulation.--Not later than 18 months after the date of
enactment of this section, the Secretary shall promulgate regulations
on the requirements of this section, consistent with this section.''.
(b) Rule of Construction.--
(1) Original information.--Information submitted to the
Secretary of Transportation by a whistleblower in accordance with
the requirements of section 30172 of title 49, United States Code,
shall not lose its status as original information solely because
the whistleblower submitted the information prior to the effective
date of the regulations issued under subsection (i) of that section
if that information was submitted after the date of enactment of
this Act.
(2) Awards.--A whistleblower may receive an award under section
30172 of title 49, United States Code, regardless of whether the
violation underlying the covered action occurred prior to the date
of enactment of this Act, and may receive an award prior to the
Secretary of Transportation promulgating the regulations under
subsection (i) of that section.
(c) Conforming Amendments.--The table of contents of subchapter IV
of chapter 301 of title 49, United States Code, is amended by adding at
the end the following:
``30172. Whistleblower incentives and protections.''.
Subtitle D--Additional Motor Vehicle Provisions
SEC. 24401. REQUIRED REPORTING OF NHTSA AGENDA.
Not later than December 1 of the year beginning after the date of
enactment of this Act, and each year thereafter, the Administrator of
the National Highway Traffic Safety Administration shall publish on the
public website of the Administration, and file with the Committees on
Energy and Commerce and Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an annual plan for the following calendar
year detailing the Administration's projected activities, including--
(1) the Administrator's policy priorities;
(2) any rulemakings projected to be commenced;
(3) any plans to develop guidelines;
(4) any plans to restructure the Administration or to establish
or alter working groups;
(5) any planned projects or initiatives of the Administration,
including the working groups and advisory committees of the
Administration; and
(6) any projected dates or timetables associated with any of
the items described in paragraphs (1) through (5).
SEC. 24402. APPLICATION OF REMEDIES FOR DEFECTS AND NONCOMPLIANCE.
Section 30120(g)(1) of title 49, United States Code, is amended by
striking ``10 calendar years'' and inserting ``15 calendar years''.
SEC. 24403. RETENTION OF SAFETY RECORDS BY MANUFACTURERS.
(a) Rule.--Not later than 18 months after the date of enactment of
this Act, the Secretary of Transportation shall issue a final rule
pursuant to section 30117 of title 49, United States Code, requiring
each manufacturer of motor vehicles or motor vehicle equipment to
retain all motor vehicle safety records required to be maintained by
manufacturers under section 576.6 of title 49, Code of Federal
Regulations, for a period of not less than 10 calendar years from the
date on which they were generated or acquired by the manufacturer.
(b) Application.--The rule required by subsection (a) shall apply
with respect to any record described in such subsection that is in the
possession of a manufacturer on the effective date of such rule.
SEC. 24404. NONAPPLICATION OF PROHIBITIONS RELATING TO NONCOMPLYING
MOTOR VEHICLES TO VEHICLES USED FOR TESTING OR EVALUATION.
Section 30112(b) of title 49, United States Code, is amended--
(1) in paragraph (8), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (9), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(10) the introduction of a motor vehicle in interstate
commerce solely for purposes of testing or evaluation by a
manufacturer that agrees not to sell or offer for sale the motor
vehicle at the conclusion of the testing or evaluation and that
prior to the date of enactment of this paragraph--
``(A) has manufactured and distributed motor vehicles into
the United States that are certified to comply with all
applicable Federal motor vehicle safety standards;
``(B) has submitted to the Secretary appropriate
manufacturer identification information under part 566 of title
49, Code of Federal Regulations; and
``(C) if applicable, has identified an agent for service of
process in accordance with part 551 of such title.''.
SEC. 24405. TREATMENT OF LOW-VOLUME MANUFACTURERS.
(a) Exemption From Vehicle Safety Standards for Low-volume
Manufacturers.--Section 30114 of title 49, United States Code, is
amended--
(1) by striking ``The'' and inserting ``(a) Vehicles Used for
Particular Purposes. The''; and
(2) by adding at the end the following new subsection:
``(b) Exemption for Low-volume Manufacturers.--
``(1) In general.--The Secretary shall--
``(A) exempt from section 30112(a) of this title not more
than 325 replica motor vehicles per year that are manufactured
or imported by a low-volume manufacturer; and
``(B) except as provided in paragraph (4) of this
subsection, limit any such exemption to the Federal Motor
Vehicle Safety Standards applicable to motor vehicles and not
motor vehicle equipment.
``(2) Registration requirement.--To qualify for an exemption
under paragraph (1), a low-volume manufacturer shall register with
the Secretary at such time, in such manner, and under such terms
that the Secretary determines appropriate. The Secretary shall
establish terms that ensure that no person may register as a low-
volume manufacturer if the person is registered as an importer
under section 30141 of this title.
``(3) Permanent label requirement.--
``(A) In general.--The Secretary shall require a low-volume
manufacturer to affix a permanent label to a motor vehicle
exempted under paragraph (1) that identifies the specified
standards and regulations for which such vehicle is exempt from
section 30112(a), states that the vehicle is a replica, and
designates the model year such vehicle replicates.
``(B) Written notice.--The Secretary may require a low-
volume manufacturer of a motor vehicle exempted under paragraph
(1) to deliver written notice of the exemption to--
``(i) the dealer; and
``(ii) the first purchaser of the motor vehicle, if the
first purchaser is not an individual that purchases the
motor vehicle for resale.
``(C) Reporting requirement.--A low-volume manufacturer
shall annually submit a report to the Secretary including the
number and description of the motor vehicles exempted under
paragraph (1) and a list of the exemptions described on the
label affixed under subparagraph (A).
``(4) Effect on other provisions.--Any motor vehicle exempted
under this subsection shall also be exempted from sections 32304,
32502, and 32902 of this title and from section 3 of the Automobile
Information Disclosure Act (15 U.S.C. 1232).
``(5) Limitation and public notice.--The Secretary shall have
90 days to review and approve or deny a registration submitted
under paragraph (2). If the Secretary determines that any such
registration submitted is incomplete, the Secretary shall have an
additional 30 days for review. Any registration not approved or
denied within 90 days after initial submission, or 120 days if the
registration submitted is incomplete, shall be deemed approved. The
Secretary shall have the authority to revoke an existing
registration based on a failure to comply with requirements set
forth in this subsection or a finding by the Secretary of a safety-
related defect or unlawful conduct under this chapter that poses a
significant safety risk. The registrant shall be provided a
reasonable opportunity to correct all deficiencies, if such are
correctable based on the sole discretion of the Secretary. An
exemption granted by the Secretary to a low-volume manufacturer
under this subsection may not be transferred to any other person,
and shall expire at the end of the calendar year for which it was
granted with respect to any volume authorized by the exemption that
was not applied by the low-volume manufacturer to vehicles built
during that calendar year. The Secretary shall maintain an up-to-
date list of registrants and a list of the make and model of motor
vehicles exempted under paragraph (1) on at least an annual basis
and publish such list in the Federal Register or on a website
operated by the Secretary.
``(6) Limitation of liability for original manufacturers,
licensors or owners of product configuration, trade dress, or
design patents.--The original manufacturer, its successor or
assignee, or current owner, who grants a license or otherwise
transfers rights to a low-volume manufacturer shall incur no
liability to any person or entity under Federal or State statute,
regulation, local ordinance, or under any Federal or State common
law for such license or assignment to a low-volume manufacturer.
``(7) Definitions.--In this subsection:
``(A) Low-volume manufacturer.--The term `low-volume
manufacturer' means a motor vehicle manufacturer, other than a
person who is registered as an importer under section 30141 of
this title, whose annual worldwide production, including by a
parent or subsidiary of the manufacturer, if applicable, is not
more than 5,000 motor vehicles.
``(B) Replica motor vehicle.--The term `replica motor
vehicle' means a motor vehicle produced by a low-volume
manufacturer and that--
``(i) is intended to resemble the body of another motor
vehicle that was manufactured not less than 25 years before
the manufacture of the replica motor vehicle; and
``(ii) is manufactured under a license for the product
configuration, trade dress, trademark, or patent, for the
motor vehicle that is intended to be replicated from the
original manufacturer, its successors or assignees, or
current owner of such product configuration, trade dress,
trademark, or patent rights.
``(8) Construction.--Except as provided in paragraphs (1) and
(4), a registrant shall be considered a motor vehicle manufacturer
for purposes of parts A and C of subtitle VI of this title. Nothing
shall be construed to exempt a registrant from complying with the
requirements under sections 30116 through 30120A of this title if
the motor vehicle excepted under paragraph (1) contains a defect
related to motor vehicle safety.
``(9) State registration.--Nothing in this subsection shall be
construed to preempt, affect, or supersede any State titling or
registration law or regulation for a replica motor vehicle, or
exempt a person from complying with such law or regulation.''.
(b) Vehicle Emission Compliance Standards for Low-volume Motor
Vehicle Manufacturers.--Section 206(a) of the Clean Air Act (42 U.S.C.
7525(a)) is amended by adding at the end the following new paragraph:
``(5)(A) A motor vehicle engine (including all engine emission
controls) may be installed in an exempted specially produced motor
vehicle if the motor vehicle engine is from a motor vehicle that is
covered by a certificate of conformity issued by the Administrator
for the model year in which the exempted specially produced motor
vehicle is produced, or the motor vehicle engine is covered by an
Executive order subject to regulations promulgated by the
California Air Resources Board for the model year in which the
exempted specially produced motor vehicle is produced, and--
``(i) the manufacturer of the engine supplies written
instructions to the Administrator and the manufacturer of
the exempted specially produced motor vehicle explaining
how to install the engine and maintain functionality of the
engine's emission control system and the on-board
diagnostic system (commonly known as `OBD'), except with
respect to evaporative emissions;
``(ii) the manufacturer of the exempted specially
produced motor vehicle installs the engine in accordance
with such instructions and certifies such installation in
accordance with subparagraph (E);
``(iii) the installation instructions include emission
control warranty information from the engine manufacturer
in compliance with section 207, including where warranty
repairs can be made, emission control labels to be affixed
to the vehicle, and the certificate of conformity number
for the applicable vehicle in which the engine was
originally intended or the applicable Executive order
number for the engine; and
``(iv) the manufacturer of the exempted specially
produced motor vehicle does not produce more than 325 such
vehicles in the calendar year in which the vehicle is
produced.
``(B) A motor vehicle containing an engine compliant with
the requirements of subparagraph (A) shall be treated as
meeting the requirements of section 202 applicable to new
vehicles produced or imported in the model year in which the
exempted specially produced motor vehicle is produced or
imported.
``(C) Engine installations that are not performed in
accordance with installation instructions provided by the
manufacturer and alterations to the engine not in accordance
with the installation instructions shall--
``(i) be treated as prohibited acts by the installer
under section 203 and any applicable regulations; and
``(ii) subject to civil penalties under section 205(a),
civil actions under section 205(b), and administrative
assessment of penalties under section 205(c).
``(D) The manufacturer of an exempted specially produced
motor vehicle that has an engine compliant with the
requirements of subparagraph (A) shall provide to the purchaser
of such vehicle all information received by the manufacturer
from the engine manufacturer, including information regarding
emissions warranties from the engine manufacturer and all
emissions-related recalls by the engine manufacturer.
``(E) To qualify to install an engine under this paragraph,
and sell, offer for sale, introduce into commerce, deliver for
introduction into commerce or import an exempted specially
produced motor vehicle, a manufacturer of exempted specially
produced motor vehicles shall register with the Administrator
at such time and in such manner as the Administrator determines
appropriate. The manufacturer shall submit an annual report to
the Administrator that includes--
``(i) a description of the exempted specially produced
motor vehicles and engines installed in such vehicles;
``(ii) the certificate of conformity number issued to
the motor vehicle in which the engine was originally
intended or the applicable Executive order number for the
engine; and
``(iii) a certification that it produced all exempted
specially produced motor vehicles according to the written
instructions from the engine manufacturer, and otherwise
that the engine conforms in all material respects to the
description in the application for the applicable
certificate of conformity or Executive order.
``(F) Exempted specially produced motor vehicles compliant
with this paragraph shall be exempted from--
``(i) motor vehicle certification testing under this
section; and
``(ii) vehicle emission control inspection and
maintenance programs required under section 110.
``(G)(i) Except as provided in subparagraphs (A) through
(F), a person engaged in the manufacturing or assembling of
exempted specially produced motor vehicles shall be considered
a manufacturer for purposes of this Act.
``(ii) Nothing in this paragraph shall be construed to
exempt any person from the prohibitions in section 203(a)(3) or
the requirements in sections 208, 206(c), or 202(m)(5).
``(H) In this paragraph:
``(i) The term `exempted specially produced motor
vehicle' means a light-duty vehicle or light-duty truck
produced by a low-volume manufacturer and that--
``(I) is intended to resemble the body of another
motor vehicle that was manufactured not less than 25
years before the manufacture of the exempted specially
produced motor vehicle; and
``(II) is manufactured under a license for the
product configuration, trade dress, trademark, or
patent, for the motor vehicle that is intended to be
replicated from the original manufacturer, its
successors or assignees, or current owner of such
product configuration, trade dress, trademark, or
patent rights.
``(ii) The term `low-volume manufacturer' means a motor
vehicle manufacturer, other than a person who is registered
as an importer under section 30141 of title 49, United
States Code, whose annual worldwide production, including
by a parent or subsidiary of the manufacturer, if
applicable, is not more than 5,000 motor vehicles.''.
(c) Implementation.--Not later than 12 months after the date of
enactment of this Act, the Secretary of Transportation and the
Administrator of the Environmental Protection Agency shall issue such
regulations as may be necessary to implement the amendments made by
subsections (a) and (b), respectively.
SEC. 24406. MOTOR VEHICLE SAFETY GUIDELINES.
Section 30111 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(f) Motor Vehicle Safety Guidelines.--
``(1) In general.--No guidelines issued by the Secretary with
respect to motor vehicle safety shall confer any rights on any
person, State, or locality, nor shall operate to bind the Secretary
or any person to the approach recommended in such guidelines. In
any enforcement action with respect to motor vehicle safety, the
Secretary shall allege a violation of a provision of this subtitle,
a motor vehicle safety standard issued under this subtitle, or
another relevant statute or regulation. The Secretary may not base
an enforcement action on, or execute a consent order based on,
practices that are alleged to be inconsistent with any such
guidelines, unless the practices allegedly violate a provision of
this subtitle, a motor vehicle safety standard issued under this
subtitle, or another relevant statute or regulation.
``(2) Rule of construction.--Nothing in this subsection shall
be construed to confer any authority upon or negate any authority
of the Secretary to issue guidelines under this chapter.''.
SEC. 24407. 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).
DIVISION C--FINANCE
TITLE XXXI--HIGHWAY TRUST FUND AND RELATED TAXES
Subtitle A--Extension of Trust Fund Expenditure Authority and Related
Taxes
SEC. 31101. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY.
(a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``December 5, 2015'' in subsections (b)(6)(B),
(c)(1), and (e)(3) and inserting ``October 1, 2020'', and
(2) by striking ``Surface Transportation Extension Act of 2015,
Part II'' in subsections (c)(1) and (e)(3) and inserting ``FAST
Act''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of
such Code is amended--
(1) by striking ``Surface Transportation Extension Act of 2015,
Part II'' each place it appears in subsection (b)(2) and inserting
``FAST Act'', and
(2) by striking ``December 5, 2015'' in subsection (d)(2) and
inserting ``October 1, 2020''.
(c) Leaking Underground Storage Tank Trust Fund.--Section
9508(e)(2) of such Code is amended by striking ``December 5, 2015'' and
inserting ``October 1, 2020''.
SEC. 31102. EXTENSION OF HIGHWAY-RELATED TAXES.
(a) In General.--
(1) Each of the following provisions of the Internal Revenue
Code of 1986 is amended by striking ``September 30, 2016'' and
inserting ``September 30, 2022'':
(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, 2022'':
(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
``2023'':
(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, 2022'';
(2) by striking ``March 31, 2017'' each place it appears and
inserting ``March 31, 2023''; and
(3) by striking ``January 1, 2017'' and inserting ``January 1,
2023''.
(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,
2022''.
(2) Section 4483(i) of such Code is amended by striking
``October 1, 2017'' and inserting ``October 1, 2023''.
(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, 2022'';
(ii) by striking ``October 1, 2016'' in the heading of
paragraph (2) and inserting ``October 1, 2022'';
(iii) by striking ``September 30, 2016'' in paragraph
(2) and inserting ``September 30, 2022''; and
(iv) by striking ``July 1, 2017'' in paragraph (2) and
inserting ``July 1, 2023''; and
(B) in subsection (c)(2), by striking ``July 1, 2017'' and
inserting ``July 1, 2023''.
(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, 2022''.
(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, 2023''; and
(ii) by striking ``October 1, 2016'' and inserting
``October 1, 2022''.
(f) Effective Date.--The amendments made by this section shall take
effect on October 1, 2016.
Subtitle B--Additional Transfers to Highway Trust Fund
SEC. 31201. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND.
Subsection (f) of section 9503 of the Internal Revenue Code of 1986
is amended by redesignating paragraph (8) as paragraph (10) and
inserting after paragraph (7) the following new paragraphs:
``(8) Further transfers to trust fund.--Out of money in the
Treasury not otherwise appropriated, there is hereby appropriated--
``(A) $51,900,000,000 to the Highway Account (as defined in
subsection (e)(5)(B)) in the Highway Trust Fund; and
``(B) $18,100,000,000 to the Mass Transit Account in the
Highway Trust Fund.
``(9) Additional increase in fund balance.--There is hereby
transferred to the Highway Account (as defined in subsection
(e)(5)(B)) in the Highway Trust Fund amounts appropriated from the
Leaking Underground Storage Tank Trust Fund under section
9508(c)(4).''.
SEC. 31202. TRANSFER TO HIGHWAY TRUST FUND OF CERTAIN MOTOR VEHICLE
SAFETY PENALTIES.
(a) In General.--Paragraph (5) of section 9503(b) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``There are hereby'' and inserting the
following:
``(A) In general.--There are hereby'', and
(2) by adding at the end the following new paragraph:
``(B) Penalties related to motor vehicle safety.--
``(i) In general.--There are hereby appropriated to the
Highway Trust Fund amounts equivalent to covered motor
vehicle safety penalty collections.
``(ii) Covered motor vehicle safety penalty
collections.--For purposes of this subparagraph, the term
`covered motor vehicle safety penalty collections' means
any amount collected in connection with a civil penalty
under section 30165 of title 49, United States Code,
reduced by any award authorized by the Secretary of
Transportation to be paid to any person in connection with
information provided by such person related to a violation
of chapter 301 of such title which is a predicate to such
civil penalty.''.
(b) Effective Date.--The amendments made by this section shall
apply to amounts collected after the date of the enactment of this Act.
SEC. 31203. APPROPRIATION FROM LEAKING UNDERGROUND STORAGE TANK TRUST
FUND.
(a) In General.--Subsection (c) of section 9508 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(4) Additional transfer to highway trust fund.--Out of
amounts in the Leaking Underground Storage Tank Trust Fund there is
hereby appropriated--
``(A) on the date of the enactment of the FAST Act,
$100,000,000,
``(B) on October 1, 2016, $100,000,000, and
``(C) on October 1, 2017, $100,000,000,
to be transferred under section 9503(f)(9) to the Highway Account
(as defined in section 9503(e)(5)(B)) in the Highway Trust Fund.''.
(b) Conforming Amendment.--Section 9508(c)(1) of the Internal
Revenue Code of 1986 is amended by striking ``paragraphs (2) and (3)''
and inserting ``paragraphs (2), (3), and (4)''.
TITLE XXXII--OFFSETS
Subtitle A--Tax Provisions
SEC. 32101. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CERTAIN UNPAID
TAXES.
(a) In General.--Subchapter D of chapter 75 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CERTAIN TAX
DELINQUENCIES.
``(a) In General.--If the Secretary receives certification by the
Commissioner of Internal Revenue that an individual has a seriously
delinquent tax debt, 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 32101 of the FAST Act.
``(b) Seriously Delinquent Tax Debt.--
``(1) In general.--For purposes of this section, the term
`seriously delinquent tax debt' means an unpaid, legally
enforceable Federal tax liability of an individual--
``(A) which has been assessed,
``(B) which is greater than $50,000, and
``(C) with respect to which--
``(i) a notice of lien has been filed pursuant to
section 6323 and the administrative rights under section
6320 with respect to such filing have been exhausted or
have lapsed, or
``(ii) a levy is made pursuant to section 6331.
``(2) Exceptions.--Such term shall not include--
``(A) a debt that is being paid in a timely manner pursuant
to an agreement to which the individual is party under section
6159 or 7122, and
``(B) a debt with respect to which collection is suspended
with respect to the individual--
``(i) because a due process hearing under section 6330
is requested or pending, or
``(ii) because an election under subsection (b) or (c)
of section 6015 is made or relief under subsection (f) of
such section is requested.
``(c) Reversal of Certification.--
``(1) In general.--In the case of an individual with respect to
whom the Commissioner makes a certification under subsection (a),
the Commissioner shall notify the Secretary (and the Secretary
shall subsequently notify the Secretary of State) if such
certification is found to be erroneous or if the debt with respect
to such certification is fully satisfied or ceases to be a
seriously delinquent tax debt by reason of subsection (b)(2).
``(2) Timing of notice.--
``(A) Full satisfaction of debt.--In the case of a debt
that has been fully satisfied or has become legally
unenforceable, such notification shall be made not later than
the date required for issuing the certificate of release of
lien with respect to such debt under section 6325(a).
``(B) Innocent spouse relief.--In the case of an individual
who makes an election under subsection (b) or (c) of section
6015, or requests relief under subsection (f) of such section,
such notification shall be made not later than 30 days after
any such election or request.
``(C) Installment agreement or offer-in-compromise.--In the
case of an installment agreement under section 6159 or an
offer-in-compromise under section 7122, such notification shall
be made not later than 30 days after such agreement is entered
into or such offer is accepted by the Secretary.
``(D) Erroneous certification.--In the case of a
certification found to be erroneous, such notification shall be
made as soon as practicable after such finding.
``(d) Contemporaneous Notice to Individual.--The Commissioner shall
contemporaneously notify an individual of any certification under
subsection (a), or any reversal of certification under subsection (c),
with respect to such individual. Such notice shall include a
description in simple and nontechnical terms of the right to bring a
civil action under subsection (e).
``(e) Judicial Review of Certification.--
``(1) In general.--After the Commissioner notifies an
individual under subsection (d), the taxpayer may bring a civil
action against the United States in a district court of the United
States or the Tax Court to determine whether the certification was
erroneous or whether the Commissioner has failed to reverse the
certification.
``(2) Determination.--If the court determines that such
certification was erroneous, then the court may order the Secretary
to notify the Secretary of State that such certification was
erroneous.
``(f) 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 nearest
multiple of $1,000.
``(g) Delegation of Certification.--A certification under
subsection (a) or reversal of certification under subsection (c) may
only be delegated by the Commissioner of Internal Revenue to the Deputy
Commissioner for Services and Enforcement, or the Commissioner of an
operating division, of the Internal Revenue Service.''.
(b) Information Included in Notice of Lien and Levy.--
(1) Notice of lien.--Section 6320(a)(3) of such Code is amended
by striking ``and'' at the end of subparagraph (C), by striking the
period at the end of subparagraph (D) and inserting ``; and'', and
by adding at the end the following new subparagraph:
``(E) the provisions of section 7345 relating to the
certification of seriously delinquent tax debts and the denial,
revocation, or limitation of passports of individuals with such
debts pursuant to section 32101 of the FAST Act.''.
(2) Notice of levy.--Section 6331(d)(4) of such Code is amended
by striking ``and'' at the end of subparagraph (E), by striking the
period at the end of subparagraph (F) and inserting ``, and'', and
by adding at the end the following new subparagraph:
``(G) the provisions of section 7345 relating to the
certification of seriously delinquent tax debts and the denial,
revocation, or limitation of passports of individuals with such
debts pursuant to section 32101 of the FAST Act.''.
(c) Authority for Information Sharing.--
(1) In general.--Section 6103(k) of such Code is amended by
adding at the end the following new paragraph:
``(11) 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 32101 of the FAST Act.''.
(2) Conforming amendment.--Paragraph (4) of section 6103(p) of
such Code is amended by striking ``or (10)'' each place it appears
in subparagraph (F)(ii) and in the matter preceding subparagraph
(A) and inserting ``, (10), or (11)''.
(d) Time for Certification of Seriously Delinquent Tax Debt
Postponed by Reason of Service in Combat Zone.--Section 7508(a) of such
Code is amended by striking the period at the end of paragraph (2) and
inserting ``; and'' and by adding at the end the following new
paragraph:
``(3) Any certification of a seriously delinquent tax debt
under section 7345.''.
(e) 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, the
Secretary of State, and any of their designees 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.
(f) 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.
(g) Removal of Certification From Record When Debt Ceases to Be
Seriously Delinquent.--If pursuant to subsection (c) or (e) of section
7345 of the Internal Revenue Code of 1986 the Secretary of State
receives from the Secretary of the Treasury a notice that an individual
ceases to have a seriously delinquent tax debt, the Secretary of State
shall remove from the individual's record the certification with
respect to such debt.
(h) 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.''.
(i) Effective Date.--The provisions of, and amendments made by,
this section shall take effect on the date of the enactment of this
Act.
SEC. 32102. REFORM OF RULES RELATING TO QUALIFIED TAX COLLECTION
CONTRACTS.
(a) Requirement To Collect Certain Inactive Tax Receivables Under
Qualified Tax Collection Contracts.--Section 6306 of the Internal
Revenue Code of 1986 is amended by redesignating subsections (c)
through (f) as subsections (d) through (g), respectively, and by
inserting after subsection (b) the following new subsection:
``(c) Collection of Inactive Tax Receivables.--
``(1) In general.--Notwithstanding any other provision of law,
the Secretary shall enter into one or more qualified tax collection
contracts for the collection of all outstanding inactive tax
receivables.
``(2) Inactive tax receivables.--For purposes of this section--
``(A) In general.--The term `inactive tax receivable' means
any tax receivable if--
``(i) at any time after assessment, the Internal
Revenue Service removes such receivable from the active
inventory for lack of resources or inability to locate the
taxpayer,
``(ii) more than \1/3\ of the period of the applicable
statute of limitation has lapsed and such receivable has
not been assigned for collection to any employee of the
Internal Revenue Service, or
``(iii) in the case of a receivable which has been
assigned for collection, more than 365 days have passed
without interaction with the taxpayer or a third party for
purposes of furthering the collection of such receivable.
``(B) Tax receivable.--The term `tax receivable' means any
outstanding assessment which the Internal Revenue Service
includes in potentially collectible inventory.''.
(b) Certain Tax Receivables Not Eligible for Collection Under
Qualified Tax Collection Contracts.--Section 6306 of the Internal
Revenue Code of 1986, as amended by subsection (a), is amended by
redesignating subsections (d) through (g) as subsections (e) through
(h), respectively, and by inserting after subsection (c) the following
new subsection:
``(d) Certain Tax Receivables Not Eligible for Collection Under
Qualified Tax Collections Contracts.--A tax receivable shall not be
eligible for collection pursuant to a qualified tax collection contract
if such receivable--
``(1) is subject to a pending or active offer-in-compromise or
installment agreement,
``(2) is classified as an innocent spouse case,
``(3) involves a taxpayer identified by the Secretary as
being--
``(A) deceased,
``(B) under the age of 18,
``(C) in a designated combat zone, or
``(D) a victim of tax-related identity theft,
``(4) is currently under examination, litigation, criminal
investigation, or levy, or
``(5) is currently subject to a proper exercise of a right of
appeal under this title.''.
(c) Contracting Priority.--Section 6306 of the Internal Revenue
Code of 1986, as amended by the preceding provisions of this section,
is amended by redesignating subsection (h) as subsection (i) and by
inserting after subsection (g) the following new subsection:
``(h) Contracting Priority.--In contracting for the services of any
person under this section, the Secretary shall utilize private
collection contractors and debt collection centers on the schedule
required under section 3711(g) of title 31, United States Code,
including the technology and communications infrastructure established
therein, to the extent such private collection contractors and debt
collection centers are appropriate to carry out the purposes of this
section.''.
(d) Disclosure of Return Information.--Section 6103(k) of the
Internal Revenue Code of 1986, as amended by section 32101, is amended
by adding at the end the following new paragraph:
``(12) Qualified tax collection contractors.--Persons providing
services pursuant to a qualified tax collection contract under
section 6306 may, if speaking to a person who has identified
himself or herself as having the name of the taxpayer to which a
tax receivable (within the meaning of such section) relates,
identify themselves as contractors of the Internal Revenue Service
and disclose the business name of the contractor, and the nature,
subject, and reason for the contact. Disclosures under this
paragraph shall be made only in such situations and under such
conditions as have been approved by the Secretary.''.
(e) Taxpayers Affected by Federally Declared Disasters.--Section
6306 of the Internal Revenue Code of 1986, as amended by the preceding
provisions of this section, is amended by redesignating subsection (i)
as subsection (j) and by inserting after subsection (h) the following
new subsection:
``(i) Taxpayers in Presidentially Declared Disaster Areas.--The
Secretary may prescribe procedures under which a taxpayer determined to
be affected by a Federally declared disaster (as defined by section
165(i)(5)) may request--
``(1) relief from immediate collection measures by contractors
under this section, and
``(2) a return of the inactive tax receivable to the inventory
of the Internal Revenue Service to be collected by an employee
thereof.''.
(f) Report to Congress.--
(1) In general.--Section 6306 of the Internal Revenue Code of
1986, as amended by the preceding provisions of this section, is
amended by redesignating subsection (j) as subsection (k) and by
inserting after subsection (i) the following new subsection:
``(j) Report to Congress.--Not later than 90 days after the last
day of each fiscal year (beginning with the first such fiscal year
ending after the date of the enactment of this subsection), the
Secretary shall submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate a report
with respect to qualified tax collection contracts under this section
which shall include--
``(1) annually, with respect to such fiscal year--
``(A) the total number and amount of tax receivables
provided to each contractor for collection under this section,
``(B) the total amounts collected (and amounts of
installment agreements entered into under subsection (b)(1)(B))
with respect to each contractor and the collection costs
incurred (directly and indirectly) by the Internal Revenue
Service with respect to such amounts,
``(C) the impact of such contracts on the total number and
amount of unpaid assessments, and on the number and amount of
assessments collected by Internal Revenue Service personnel
after initial contact by a contractor,
``(D) the amount of fees retained by the Secretary under
subsection (e) and a description of the use of such funds, and
``(E) a disclosure safeguard report in a form similar to
that required under section 6103(p)(5), and
``(2) biannually (beginning with the second report submitted
under this subsection)--
``(A) an independent evaluation of contractor performance,
and
``(B) a measurement plan that includes a comparison of the
best practices used by the private collectors to the collection
techniques used by the Internal Revenue Service and mechanisms
to identify and capture information on successful collection
techniques used by the contractors that could be adopted by the
Internal Revenue Service.''.
(2) Repeal of existing reporting requirements with respect to
qualified tax collection contracts.--Section 881 of the American
Jobs Creation Act of 2004 is amended by striking subsection (e).
(g) Effective Dates.--
(1) In general.--The amendments made by subsections (a) and (b)
shall apply to tax receivables identified by the Secretary after
the date of the enactment of this Act.
(2) Contracting priority.--The Secretary shall begin entering
into contracts and agreements as described in the amendment made by
subsection (c) within 3 months after the date of the enactment of
this Act.
(3) Disclosures.--The amendment made by subsection (d) shall
apply to disclosures made after the date of the enactment of this
Act.
(4) Procedures; report to congress.--The amendments made by
subsections (e) and (f) shall take effect on the date of the
enactment of this Act.
SEC. 32103. SPECIAL COMPLIANCE PERSONNEL PROGRAM.
(a) In General.--Subsection (e) of section 6306 of the Internal
Revenue Code of 1986, as redesignated by section 52106, is amended by
striking ``for collection enforcement activities of the Internal
Revenue Service'' in paragraph (2) and inserting ``to fund the special
compliance personnel program account under section 6307''.
(b) Special Compliance Personnel Program Account.--Subchapter A of
chapter 64 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new section:
``SEC. 6307. SPECIAL COMPLIANCE PERSONNEL PROGRAM ACCOUNT.
``(a) Establishment of a Special Compliance Personnel Program
Account.--The Secretary shall establish an account within the
Department for carrying out a program consisting of the hiring,
training, and employment of special compliance personnel, and shall
transfer to such account from time to time amounts retained by the
Secretary under section 6306(e)(2).
``(b) Restrictions.--The program described in subsection (a) shall
be subject to the following restrictions:
``(1) No funds shall be transferred to such account except as
described in subsection (a).
``(2) No other funds from any other source shall be expended
for special compliance personnel employed under such program, and
no funds from such account shall be expended for the hiring of any
personnel other than special compliance personnel.
``(3) Notwithstanding any other authority, the Secretary is
prohibited from spending funds out of such account for any purpose
other than for costs under such program associated with the
employment of special compliance personnel and the retraining and
reassignment of current noncollections personnel as special
compliance personnel, and to reimburse the Internal Revenue Service
or other government agencies for the cost of administering
qualified tax collection contracts under section 6306.
``(c) Reporting.--Not later than March of each year, the
Commissioner of Internal Revenue shall submit a report to the
Committees on Finance and Appropriations of the Senate and the
Committees on Ways and Means and Appropriations of the House of
Representatives consisting of the following:
``(1) For the preceding fiscal year, all funds received in the
account established under subsection (a), administrative and
program costs for the program described in such subsection, the
number of special compliance personnel hired and employed under the
program, and the amount of revenue actually collected by such
personnel.
``(2) For the current fiscal year, all actual and estimated
funds received or to be received in the account, all actual and
estimated administrative and program costs, the number of all
actual and estimated special compliance personnel hired and
employed under the program, and the actual and estimated revenue
actually collected or to be collected by such personnel.
``(3) For the following fiscal year, an estimate of all funds
to be received in the account, all estimated administrative and
program costs, the estimated number of special compliance personnel
hired and employed under the program, and the estimated revenue to
be collected by such personnel.
``(d) Definitions.--For purposes of this section--
``(1) Special compliance personnel.--The term `special
compliance personnel' means individuals employed by the Internal
Revenue Service as field function collection officers or in a
similar position, or employed to collect taxes using the automated
collection system or an equivalent replacement system.
``(2) Program costs.--The term `program costs' means--
``(A) total salaries (including locality pay and bonuses),
benefits, and employment taxes for special compliance personnel
employed or trained under the program described in subsection
(a), and
``(B) direct overhead costs, salaries, benefits, and
employment taxes relating to support staff, rental payments,
office equipment and furniture, travel, data processing
services, vehicle costs, utilities, telecommunications,
postage, printing and reproduction, supplies and materials,
lands and structures, insurance claims, and indemnities for
special compliance personnel hired and employed under this
section.
For purposes of subparagraph (B), the cost of management and
supervision of special compliance personnel shall be taken into
account as direct overhead costs to the extent such costs, when
included in total program costs under this paragraph, do not
represent more than 10 percent of such total costs.''.
(c) Clerical Amendment.--The table of sections for subchapter A of
chapter 64 of the Internal Revenue Code of 1986 is amended by inserting
after the item relating to section 6306 the following new item:
``Sec. 6307. Special compliance personnel program account.''.
(d) Effective Date.--The amendment made by subsection (a) shall
apply to amounts collected and retained by the Secretary after the date
of the enactment of this Act.
SEC. 32104. REPEAL OF MODIFICATION OF AUTOMATIC EXTENSION OF RETURN DUE
DATE FOR CERTAIN EMPLOYEE BENEFIT PLANS.
(a) In General.--Section 2006(b) of the Surface Transportation and
Veterans Health Care Choice Improvement Act of 2015 is amended by
striking paragraph (3).
(b) Effective Date.--The amendment made by this section shall apply
to returns for taxable years beginning after December 31, 2015.
Subtitle B--Fees and Receipts
SEC. 32201. ADJUSTMENT FOR INFLATION OF FEES FOR CERTAIN CUSTOMS
SERVICES.
(a) In General.--Section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c) is amended by adding at the
end the following:
``(l) Adjustment of Fees for Inflation.--
``(1) In general.--The Secretary of the Treasury shall adjust
the fees established under subsection (a), and the limitations on
such fees under paragraphs (2), (3), (5), (6), (8), and (9) of
subsection (b), on April 1, 2016, and at the beginning of each
fiscal year 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) Use of Fees.--The fees collected as a result of the amendments
made by this section shall be deposited in the Customs User Fee
Account, shall be available for reimbursement of customs services and
inspections costs, and shall be available only to the extent provided
in appropriations Acts.
(c) Conforming Amendments.--Section 13031 of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c), as amended
by subsections (a) and (b), is further amended--
(1) in subsection (a), in the matter preceding paragraph (1),
by inserting ``(subject to adjustment under subsection (l))'' after
``following fees''; and
(2) in subsection (b)--
(A) in paragraph (2), by inserting ``(subject to adjustment
under subsection (l))'' after ``in fees'';
(B) in paragraph (3), by inserting ``(subject to adjustment
under subsection (l))'' after ``in fees'';
(C) in paragraph (5)(A), by inserting ``(subject to
adjustment under subsection (l))'' after ``in fees'';
(D) in paragraph (6), by inserting ``(subject to adjustment
under subsection (l))'' after ``in fees'';
(E) in paragraph (8)(A)--
(i) in clause (i), by inserting ``or (l)'' after
``subsection (a)(9)(B)''; and
(ii) in clause (ii), by inserting ``(subject to
adjustment under subsection (l))'' after ``$3''; and
(F) in paragraph (9)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by
inserting ``and subject to adjustment under subsection
(l)'' after ``Tariff Act of 1930''; and
(II) in clause (ii)(I), by inserting ``(subject to
adjustment under subsection (l))'' after ``bill of
lading''; and
(ii) in subparagraph (B)(i), by inserting ``(subject to
adjustment under subsection (l))'' after ``bill of
lading''.
SEC. 32202. LIMITATION ON SURPLUS FUNDS OF FEDERAL RESERVE BANKS.
Section 7(a) of the Federal Reserve Act (12 U.S.C. 289(a)) is
amended by adding at the end the following:
``(3) Limitation on surplus funds.--
``(A) In general.--The aggregate amount of the surplus
funds of the Federal reserve banks may not exceed
$10,000,000,000.
``(B) Transfer to the general fund.--Any amounts of the
surplus funds of the Federal reserve banks that exceed, or
would exceed, the limitation under subparagraph (A) shall be
transferred to the Board of Governors of the Federal Reserve
System for transfer to the Secretary of the Treasury for
deposit in the general fund of the Treasury.''.
SEC. 32203. DIVIDENDS OF FEDERAL RESERVE BANKS.
(a) In General.--Section 7(a)(1) of the Federal Reserve Act (12 15
U.S.C. 289(a)(1)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) Dividend amount.--After all necessary expenses of a
Federal reserve bank have been paid or provided for, the
stockholders of the bank shall be entitled to receive an annual
dividend on paid-in capital stock of--
``(i) in the case of a stockholder with total
consolidated assets of more than $10,000,000,000, the
smaller of--
``(I) the rate equal to the high yield of the 10-
year Treasury note auctioned at the last auction held
prior to the payment of such dividend; and
``(II) 6 percent; and
``(ii) in the case of a stockholder with total
consolidated assets of $10,000,000,000 or less, 6
percent.''; and
(2) by adding at the end the following:
``(C) Inflation adjustment.--The Board of Governors of the
Federal Reserve System shall annually adjust the dollar amounts
of total consolidated assets specified under subparagraph (A)
to reflect the change in the Gross Domestic Product Price
Index, published by the Bureau of Economic Analysis.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 1, 2016.
SEC. 32204. 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) 16,000,000 barrels of crude oil during fiscal year
2023;
(C) 25,000,000 barrels of crude oil during fiscal year
2024; and
(D) 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.--The Secretary shall not draw down and
sell crude oil under this section in quantities that would limit the
authority to sell petroleum products under section 161(h) of the Energy
Policy and Conservation Act (42 U.S.C. 6241(h)) in the full quantity
authorized by that subsection.
(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 $6,200,000,000 has been deposited in the general
fund of the Treasury from sales authorized under this section.
SEC. 32205. REPEAL.
Effective as of November 2, 2015, the date of the enactment of the
Bipartisan Budget Act of 2015 (Public Law 114-74), section 201 of such
Act and the amendments made by such section are repealed, and the
provisions of law amended by such section are hereby restored to appear
as if such section had not been enacted into law.
Subtitle C--Outlays
SEC. 32301. INTEREST ON OVERPAYMENT.
Section 111 of the Federal Oil and Gas Royalty Management Act of
1982 (30 U.S.C. 1721) is amended--
(1) by striking subsections (h) and (i);
(2) by redesignating subsections (j) through (l) as subsections
(h) through (j), respectively; and
(3) in subsection (h) (as so redesignated), by striking the
fourth sentence.
Subtitle D--Budgetary Effects
SEC. 32401. BUDGETARY EFFECTS.
The budgetary effects of this Act shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
DIVISION D--MISCELLANEOUS
TITLE XLI--FEDERAL PERMITTING IMPROVEMENT
SEC. 41001. DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' has the meaning given the term
in section 551 of title 5, United States Code.
(2) Agency cerpo.--The term ``agency CERPO'' means the chief
environmental review and permitting officer of an agency, as
designated by the head of the agency under section
41002(b)(2)(A)(iii)(I).
(3) Authorization.--The term ``authorization'' means any
license, permit, approval, finding, determination, or other
administrative decision issued by an agency that is required or
authorized under Federal law in order to site, construct,
reconstruct, or commence operations of a covered project
administered by a Federal agency or, in the case of a State that
chooses to participate in the environmental review and
authorization process in accordance with section 41003(c)(3)(A), a
State agency.
(4) Cooperating agency.--The term ``cooperating agency'' means
any agency with--
(A) jurisdiction under Federal law; or
(B) special expertise as described in section 1501.6 of
title 40, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(5) Council.--The term ``Council'' means the Federal
Infrastructure Permitting Improvement Steering Council established
under section 41002(a).
(6) Covered project.--
(A) In general.--The term ``covered project'' means any
activity in the United States that requires authorization or
environmental review by a Federal agency involving construction
of infrastructure for renewable or conventional energy
production, electricity transmission, surface transportation,
aviation, ports and waterways, water resource projects,
broadband, pipelines, manufacturing, or any other sector as
determined by a majority vote of the Council that--
(i)(I) is subject to NEPA;
(II) is likely to require a total investment of more
than $200,000,000; and
(III) does not qualify for abbreviated authorization or
environmental review processes under any applicable law; or
(ii) is subject to NEPA and the size and complexity of
which, in the opinion of the Council, make the project
likely to benefit from enhanced oversight and coordination,
including a project likely to require--
(I) authorization from or environmental review
involving more than 2 Federal agencies; or
(II) the preparation of an environmental impact
statement under NEPA.
(B) Exclusion.--The term ``covered project'' does not
include--
(i) any project subject to section 139 of title 23,
United States Code; or
(ii) any project subject to section 2045 of the Water
Resources Development Act of 2007 (33 U.S.C. 2348).
(7) Dashboard.--The term ``Dashboard'' means the Permitting
Dashboard required under section 41003(b).
(8) Environmental assessment.--The term ``environmental
assessment'' means a concise public document for which a Federal
agency is responsible under section 1508.9 of title 40, Code of
Federal Regulations (or successor regulations).
(9) Environmental document.--
(A) In general.--The term ``environmental document'' means
an environmental assessment, finding of no significant impact,
notice of intent, environmental impact statement, or record of
decision.
(B) Inclusions.--The term ``environmental document''
includes--
(i) any document that is a supplement to a document
described in subparagraph (A); and
(ii) a document prepared pursuant to a court order.
(10) Environmental impact statement.--The term ``environmental
impact statement'' means the detailed written statement required
under section 102(2)(C) of NEPA.
(11) Environmental review.--The term ``environmental review''
means the agency procedures and processes for applying a
categorical exclusion or for preparing an environmental assessment,
an environmental impact statement, or other document required under
NEPA.
(12) Executive director.--The term ``Executive Director'' means
the Executive Director appointed by the President under section
41002(b)(1)(A).
(13) Facilitating agency.--The term ``facilitating agency''
means the agency that receives the initial notification from the
project sponsor required under section 41003(a).
(14) Inventory.--The term ``inventory'' means the inventory of
covered projects established by the Executive Director under
section 41002(c)(1)(A).
(15) Lead agency.--The term ``lead agency'' means the agency
with principal responsibility for an environmental review of a
covered project under NEPA and parts 1500 through 1508 of title 40,
Code of Federal Regulations (or successor regulations).
(16) NEPA.--The term ``NEPA'' means the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(17) Participating agency.--The term ``participating agency''
means an agency participating in an environmental review or
authorization for a covered project in accordance with section
41003.
(18) Project sponsor.--The term ``project sponsor'' means an
entity, including any private, public, or public-private entity,
seeking an authorization for a covered project.
SEC. 41002. FEDERAL PERMITTING IMPROVEMENT COUNCIL.
(a) Establishment.--There is established the Federal Permitting
Improvement Steering Council.
(b) Composition.--
(1) Chair.--The Executive Director shall--
(A) be appointed by the President; and
(B) serve as Chair of the Council.
(2) Council members.--
(A) In general.--
(i) Designation by head of agency.--Each individual
listed in subparagraph (B) shall designate a member of the
agency in which the individual serves to serve on the
Council.
(ii) Qualifications.--A councilmem-ber described in
clause (i) shall hold a position in the agency of deputy
secretary (or the equivalent) or higher.
(iii) Support.--
(I) In general.--Consistent with guidance provided
by the Director of the Office of Management and Budget,
each individual listed in subparagraph (B) shall
designate 1 or more appropriate members of the agency
in which the individual serves to serve as an agency
CERPO.
(II) Reporting.--In carrying out the duties of the
agency CERPO under this title, an agency CERPO shall
report directly to a deputy secretary (or the
equivalent) or higher.
(B) Heads of agencies.--The individuals that shall each
designate a councilmember under this subparagraph are as
follows:
(i) The Secretary of Agriculture.
(ii) The Secretary of the Army.
(iii) The Secretary of Commerce.
(iv) The Secretary of the Interior.
(v) The Secretary of Energy.
(vi) The Secretary of Transportation.
(vii) The Secretary of Defense.
(viii) The 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 41003(a)(1).
(B) Facilitating agency designation.--The Executive
Director, in consultation with the Council, shall--
(i) designate a facilitating agency for each category
of covered projects described in subparagraph (A)(ii); and
(ii) publish the list of designated facilitating
agencies for each category of projects in the inventory on
the Dashboard in an easily accessible format.
(C) Performance schedules.--
(i) In general.--Not later than 1 year after the date
of enactment of this Act, the Executive Director, in
consultation with the Council, shall develop recommended
performance schedules, including intermediate and final
completion dates, for environmental reviews and
authorizations most commonly required for each category of
covered projects described in subparagraph (A)(ii).
(ii) Requirements.--
(I) In general.--The performance schedules shall
reflect employment of the use of the most efficient
applicable processes, including the alignment of
Federal reviews of projects and reduction of permitting
and project delivery time.
(II) Limit.--
(aa) In general.--The final completion dates in
any performance schedule for the completion of an
environmental review or authorization under clause
(i) shall not exceed the average time to complete
an environmental review or authorization for a
project within that category.
(bb) Calculation of average time.--The average
time referred to in item (aa) shall be calculated
on the basis of data from the preceding 2 calendar
years and shall run from the period beginning on
the date on which the Executive Director must make
a specific entry for the project on the Dashboard
under section 41003(b)(2) (except that, for
projects initiated before that duty takes effect,
the period beginning on the date of filing of a
completed application), and ending on the date of
the issuance of a record of decision or other final
agency action on the review or authorization.
(cc) Completion date.--Each performance
schedule shall specify that any decision by an
agency on an environmental review or authorization
must be issued not later than 180 days after the
date on which all information needed to complete
the review or authorization (including any hearing
that an agency holds on the matter) is in the
possession of the agency.
(iii) Review and revision.--Not later than 2 years
after the date on which the performance schedules are
established under this subparagraph, and not less
frequently than once every 2 years thereafter, the
Executive Director, in consultation with the Council, shall
review and revise the performance schedules.
(D) Guidance.--The Executive Director, in consultation with
the Council, may recommend to the Director of the Office of
Management and Budget or to the Council on Environmental
Quality, as appropriate, that guidance be issued as necessary
for agencies--
(i) to carry out responsibilities under this title; and
(ii) to effectuate the adoption by agencies of the best
practices and recommendations of the Council described in
paragraph (2).
(2) Council.--
(A) Recommendations.--
(i) In general.--The Council shall make recommendations
to the Executive Director with respect to the designations
under paragraph (1)(B) and the performance schedules under
paragraph (1)(C).
(ii) Update.--The Council may update the
recommendations described in clause (i).
(B) Best practices.--Not later than 1 year after the date
of enactment of this Act, and not less frequently than annually
thereafter, the Council shall issue recommendations on the best
practices for--
(i) enhancing early stakeholder engagement, including
fully considering and, as appropriate, incorporating
recommendations provided in public comments on any proposed
covered project;
(ii) ensuring timely decisions regarding environmental
reviews and authorizations, including through the
development of performance metrics;
(iii) improving coordination between Federal and non-
Federal governmental entities, including through the
development of common data standards and terminology across
agencies;
(iv) increasing transparency;
(v) reducing information collection requirements and
other administrative burdens on agencies, project sponsors,
and other interested parties;
(vi) developing and making available to applicants
appropriate geographic information systems and other tools;
(vii) creating and distributing training materials
useful to Federal, State, tribal, and local permitting
officials; and
(viii) addressing other aspects of infrastructure
permitting, as determined by the Council.
(C) Meetings.--The Council shall meet not less frequently
than annually with groups or individuals representing State,
tribal, and local governments that are engaged in the
infrastructure permitting process.
(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 only for projects that are
not covered projects, to provide administrative support for the
Executive Director, and the designated agency shall, as reasonably
necessary, provide support and staff to enable the Executive Director
to fulfill the duties of the Executive Director under this title.
SEC. 41003. PERMITTING PROCESS IMPROVEMENT.
(a) Project Initiation and Designation of Participating Agencies.--
(1) Notice.--
(A) In general.--A project sponsor of a covered project
shall submit to the Executive Director and the facilitating
agency notice of the initiation of a proposed covered project.
(B) Default designation.--If, at the time of submission of
the notice under subparagraph (A), the Executive Director has
not designated a facilitating agency under section
41002(c)(1)(B) for the categories of projects noticed, the
agency that receives the notice under subparagraph (A) shall be
designated as the facilitating agency.
(C) Contents.--Each notice described in subparagraph (A)
shall include--
(i) a statement of the purposes and objectives of the
proposed project;
(ii) a concise description, including the general
location of the proposed project and a summary of
geospatial information, if available, illustrating the
project area and the locations, if any, of environmental,
cultural, and historic resources;
(iii) a statement regarding the technical and financial
ability of the project sponsor to construct the proposed
project;
(iv) a statement of any Federal financing,
environmental reviews, and authorizations anticipated to be
required to complete the proposed project; and
(v) an assessment that the proposed project meets the
definition of a covered project under section 41001 and a
statement of reasons supporting the assessment.
(2) Invitation.--
(A) In general.--Not later than 45 days after the date on
which the Executive Director must make a specific entry for the
project on the Dashboard under subsection (b)(2)(A), the
facilitating agency or lead agency, as applicable, shall--
(i) identify all Federal and non-Federal agencies and
governmental entities likely to have financing,
environmental review, authorization, or other
responsibilities with respect to the proposed project; and
(ii) invite all Federal agencies identified under
clause (i) to become a participating agency or a
cooperating agency, as appropriate, in the environmental
review and authorization management process described in
section 41005.
(B) Deadlines.--Each invitation made under subparagraph (A)
shall include a deadline for a response to be submitted to the
facilitating or lead agency, as applicable.
(3) Participating and cooperating agencies.--
(A) In general.--An agency invited under paragraph (2)
shall be designated as a participating or cooperating agency
for a covered project, unless the agency informs the
facilitating or lead agency, as applicable, in writing before
the deadline under paragraph (2)(B) that the agency--
(i) has no jurisdiction or authority with respect to
the proposed project; or
(ii) does not intend to exercise authority related to,
or submit comments on, the proposed project.
(B) Changed circumstances.--On request and a showing of
changed circumstances, the Executive Director may designate an
agency that has opted out under subparagraph (A)(ii) to be a
participating or cooperating agency, as appropriate.
(4) Effect of designation.--The designation described in
paragraph (3) shall not--
(A) give the participating agency authority or jurisdiction
over the covered project; or
(B) expand any jurisdiction or authority a cooperating
agency may have over the proposed project.
(5) Lead agency designation.--
(A) In general.--On establishment of the lead agency, the
lead agency shall assume the responsibilities of the
facilitating agency under this title.
(B) Redesignation of facilitating agency.--If the lead
agency assumes the responsibilities of the facilitating agency
under subparagraph (A), the facilitating agency may be
designated as a cooperative or participating agency.
(6) Change of facilitating or lead agency.--
(A) In general.--On the request of a participating agency
or project sponsor, the Executive Director may designate a
different agency as the facilitating or lead agency, as
applicable, for a covered project, if the facilitating or lead
agency or the Executive Director receives new information
regarding the scope or nature of a covered project that
indicates that the project should be placed in a different
category under section 41002(c)(1)(B).
(B) Resolution of dispute.--The Chairman of the Council on
Environmental Quality shall resolve any dispute over
designation of a facilitating or lead agency for a particular
covered project.
(b) Permitting Dashboard.--
(1) Requirement to maintain.--
(A) In general.--The Executive Director, in coordination
with the Administrator of General Services, shall maintain an
online database to be known as the ``Permitting Dashboard'' to
track the status of Federal environmental reviews and
authorizations for any covered project in the inventory
described in section 41002(c)(1)(A).
(B) Specific and searchable entry.--The Dashboard shall
include a specific and searchable entry for each covered
project.
(2) Additions.--
(A) In general.--
(i) Existing projects.--Not later than 14 days after
the date on which the Executive Director adds a project to
the inventory under section 41002(c)(1)(A), the Executive
Director shall create a specific entry on the Dashboard for
the covered project.
(ii) New projects.--Not later than 14 days after the
date on which the Executive Director receives a notice
under subsection (a)(1), the Executive Director shall
create a specific entry on the Dashboard for the covered
project, unless the Executive Director, facilitating
agency, or lead agency, as applicable, determines that the
project is not a covered project.
(B) Explanation.--If the facilitating agency or lead
agency, as applicable, determines that the project is not a
covered project, the project sponsor may submit a further
explanation as to why the project is a covered project not
later than 14 days after the date of the determination under
subparagraph (A).
(C) Final determination.--Not later than 14 days after
receiving an explanation described in subparagraph (B), the
Executive Director shall--
(i) make a final and conclusive determination as to
whether the project is a covered project; and
(ii) if the Executive Director determines that the
project is a covered project, create a specific entry on
the Dashboard for the covered project.
(3) Postings by agencies.--
(A) In general.--For each covered project added to the
Dashboard under paragraph (2), the facilitating or lead agency,
as applicable, and each cooperating and participating agency
shall post to the Dashboard--
(i) a hyperlink that directs to a website that
contains, to the extent consistent with applicable law--
(I) the notification submitted under subsection
(a)(1);
(II)(aa) where practicable, the application and
supporting documents, if applicable, that have been
submitted by a project sponsor for any required
environmental review or authorization; or
(bb) a notice explaining how the public may obtain
access to such documents;
(III) a description of any Federal agency action
taken or decision made that materially affects the
status of a covered project;
(IV) any significant document that supports the
action or decision described in subclause (III); and
(V) a description of the status of any litigation
to which the agency is a party that is directly related
to the project, including, if practicable, any judicial
document made available on an electronic docket
maintained by a Federal, State, or local court; and
(ii) any document described in clause (i) that is not
available by hyperlink on another website.
(B) Deadline.--The information described in subparagraph
(A) shall be posted to the website made available by hyperlink
on the Dashboard not later than 5 business days after the date
on which the Federal agency receives the information.
(4) Postings by the executive director.--The Executive Director
shall publish to the Dashboard--
(A) the permitting timetable established under subparagraph
(A) or (C) of subsection (c)(2);
(B) the status of the compliance of each agency with the
permitting timetable;
(C) any modifications of the permitting timetable;
(D) an explanation of each modification described in
subparagraph (C); and
(E) any memorandum of understanding established under
subsection (c)(3)(B).
(c) Coordination and Timetables.--
(1) Coordinated project plan.--
(A) In general.--Not later than 60 days after the date on
which the Executive Director must make a specific entry for the
project on the Dashboard under subsection (b)(2)(A), the
facilitating or lead agency, as applicable, in consultation
with each coordinating and participating agency, shall
establish a concise plan for coordinating public and agency
participation in, and completion of, any required Federal
environmental review and authorization for the project.
(B) Required information.--The Coordinated Project Plan
shall include the following information and be updated by the
facilitating or lead agency, as applicable, at least once per
quarter:
(i) A list of, and roles and responsibilities for, all
entities with environmental review or authorization
responsibility for the project.
(ii) A permitting timetable, as described in paragraph
(2), setting forth a comprehensive schedule of dates by
which all environmental reviews and authorizations, and to
the maximum extent practicable, State permits, reviews and
approvals must be made.
(iii) A discussion of potential avoidance,
minimization, and mitigation strategies, if required by
applicable law and known.
(iv) Plans and a schedule for public and tribal
outreach and coordination, to the extent required by
applicable law.
(C) Memorandum of understanding.--The coordinated project
plan described in subparagraph (A) may be incorporated into a
memorandum of understanding.
(2) Permitting timetable.--
(A) Establishment.--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, and, subject to subparagraph (C),
with the concurrence of each cooperating agency, 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.
(B) Factors for consideration.--In establishing the
permitting timetable under subparagraph (A), the facilitating
or lead agency shall follow the performance schedules
established under section 41002(c)(1)(C), but may vary the
timetable based on relevant factors, including--
(i) the size and complexity of the covered project;
(ii) the resources available to each participating
agency;
(iii) the regional or national economic significance of
the project;
(iv) the sensitivity of the natural or historic
resources that may be affected by the project;
(v) the financing plan for the project; and
(vi) the extent to which similar projects in geographic
proximity to the project were recently subject to
environmental review or similar procedures under State law.
(C) Dispute resolution.--
(i) In general.--The Executive Director, in
consultation with appropriate agency CERPOs and the project
sponsor, shall, as necessary, mediate any disputes
regarding the permitting timetable referred to under
subparagraph (A).
(ii) Disputes.--If a dispute remains unresolved 30 days
after the date on which the dispute was submitted to the
Executive Director, the Director of the Office of
Management and Budget, in consultation with the Chairman of
the Council on Environmental Quality, shall facilitate a
resolution of the dispute and direct the agencies party to
the dispute to resolve the dispute by the end of the 60-day
period beginning on the date of submission of the dispute
to the Executive Director.
(iii) Final resolution.--Any action taken by the
Director of the Office of Management and Budget in the
resolution of a dispute under clause (ii) shall--
(I) be final and conclusive; and
(II) not be subject to judicial review.
(D) Modification after approval.--
(i) In general.--The facilitating or lead agency, as
applicable, may modify a permitting timetable established
under subparagraph (A) only if--
(I) the facilitating or lead agency, as applicable,
and the affected cooperating agencies, after
consultation with the participating agencies and the
project sponsor, agree to a different completion date;
(II) the facilitating agency or lead agency, as
applicable, or the affected cooperating agency provides
a written justification for the modification; and
(III) in the case of a modification that would
necessitate an extension of a final completion date
under a permitting timetable established under
subparagraph (A) to a date more than 30 days after the
final completion date originally established under
subparagraph (A), the facilitating or lead agency
submits a request to modify the permitting timetable to
the Executive Director, who shall consult with the
project sponsor and make a determination on the record,
based on consideration of the relevant factors
described under subparagraph (B), whether to grant the
facilitating or lead agency, as applicable, authority
to make such modification.
(ii) Completion date.--A completion date in the
permitting timetable may not be modified within 30 days of
the completion date.
(iii) Limitation on length of modifications.--
(I) In general.--Except as provided in subclause
(II), the total length of all modifications to a
permitting timetable authorized or made under this
subparagraph, other than for reasons outside the
control of Federal, State, local, or tribal
governments, may not extend the permitting timetable
for a period of time greater than half of the amount of
time from the establishment of the permitting timetable
under subparagraph (A) to the last final completion
date originally established under subparagraph (A).
(II) Additional extensions.--The Director of the
Office of Management and Budget, after consultation
with the project sponsor, may permit the Executive
Director to authorize additional extensions of a
permitting timetable beyond the limit prescribed by
subclause (I). In such a case, the Director of the
Office of Management and Budget shall transmit, not
later than 5 days after making a determination to
permit an authorization of extension under this
subclause, a report to Congress explaining why such
modification is required. Such report shall explain to
Congress with specificity why the original permitting
timetable and the modifications authorized by the
Executive Director failed to be adequate. The lead or
facilitating agency, as applicable, shall transmit to
Congress, the Director of the Office of Management and
Budget, and the Executive Director a supplemental
report on progress toward the final completion date
each year thereafter, until the permit review is
completed or the project sponsor withdraws its notice
or application or other request to which this title
applies under section 41010.
(iv) Limitation on judicial review.--The following
shall not be subject to judicial review:
(I) A determination by the Executive Director under
clause (i)(III).
(II) A determination under clause (iii)(II) by the
Director of the Office of Management and Budget to
permit the Executive Director to authorize extensions
of a permitting timetable.
(E) Consistency with other time periods.--A permitting
timetable established under subparagraph (A) shall be
consistent with any other relevant time periods established
under Federal law and shall not prevent any cooperating or
participating agency from discharging any obligation under
Federal law in connection with the project.
(F) Conforming to permitting timetables.--
(i) In general.--Each Federal agency shall conform to
the completion dates set forth in the permitting timetable
established under subparagraph (A), or with any completion
date modified under subparagraph (D).
(ii) Failure to conform.--If a Federal agency fails to
conform with a completion date for agency action on a
covered project or is at significant risk of failing to
conform with such a completion date, the agency shall--
(I) promptly submit to the Executive Director for
publication on the Dashboard an explanation of the
specific reasons for failing or significantly risking
failing to conform to the completion date and a
proposal for an alternative completion date;
(II) in consultation with the facilitating or lead
agency, as applicable, establish an alternative
completion date; and
(III) each month thereafter until the agency has
taken final action on the delayed authorization or
review, submit to the Executive Director for posting on
the Dashboard a status report describing any agency
activity related to the project.
(G) Abandonment of covered project.--
(i) In general.--If the facilitating or lead agency, as
applicable, has a reasonable basis to doubt the continuing
technical or financial ability of the project sponsor to
construct the covered project, the facilitating or lead
agency may request the project sponsor provide an updated
statement regarding the ability of the project sponsor to
complete the project.
(ii) Failure to respond.--If the project sponsor fails
to respond to a request described in clause (i) by the date
that is 30 days after receiving the request, the lead or
facilitating agency, as applicable, shall notify the
Executive Director, who shall publish an appropriate notice
on the Dashboard.
(iii) Publication to dashboard.--On publication of a
notice under clause (ii), the completion dates in the
permitting timetable shall be tolled and agencies shall be
relieved of the obligation to comply with subparagraph (F)
until such time as the project sponsor submits to the
facilitating or lead agency, as applicable, an updated
statement regarding the technical and financial ability of
the project sponsor to construct the project.
(3) Cooperating state, local, or tribal governments.--
(A) State authority.--If the Federal environmental review
is being implemented within the boundaries of a State, the
State, consistent with State law, may choose to participate in
the environmental review and authorization process under this
subsection and to make subject to the process all State
agencies that--
(i) have jurisdiction over the covered project;
(ii) are required to conduct or issue a review,
analysis, opinion, or statement for the covered project; or
(iii) are required to make a determination on issuing a
permit, license, or other approval or decision for the
covered project.
(B) Coordination.--To the maximum extent practicable under
applicable law, the facilitating or lead agency, as applicable,
shall coordinate the Federal environmental review and
authorization processes under this subsection with any State,
local, or tribal agency responsible for conducting any separate
review or authorization of the covered project to ensure timely
and efficient completion of environmental reviews and
authorizations.
(C) Memorandum of understanding.--
(i) In general.--Any coordination plan between the
facilitating or lead agency, as applicable, and any State,
local, or tribal agency shall, to the maximum extent
practicable, be included in a memorandum of understanding.
(ii) Submission to executive director.--The
facilitating or lead agency, as applicable, shall submit to
the Executive Director each memorandum of understanding
described in clause (i).
(D) Applicability.--The requirements under this title shall
only apply to a State or an authorization issued by a State if
the State has chosen to participate in the environmental review
and authorization process pursuant to this paragraph.
(d) Early Consultation.--The facilitating or lead agency, as
applicable, shall provide an expeditious process for project sponsors
to confer with each cooperating and participating agency involved and,
not later than 60 days after the date on which the project sponsor
submits a request under this subsection, to have each such agency
provide to the project sponsor information concerning--
(1) the availability of information and tools, including pre-
application toolkits, to facilitate early planning efforts;
(2) key issues of concern to each agency and to the public; and
(3) issues that must be addressed before an environmental
review or authorization can be completed.
(e) Cooperating Agency.--
(1) In general.--A lead agency may designate a participating
agency as a cooperating agency in accordance with part 1501 of
title 40, Code of Federal Regulations (or successor regulations).
(2) Effect on other designation.--The designation described in
paragraph (1) shall not affect any designation under subsection
(a)(3).
(3) Limitation on designation.--Any agency not designated as a
participating agency under subsection (a)(3) shall not be
designated as a cooperating agency under paragraph (1).
(f) Reporting Status of Other Projects on Dashboard.--
(1) In general.--On request of the Executive Director, the
Secretary and the Secretary of the Army shall use best efforts to
provide information for inclusion on the Dashboard on projects
subject to section 139 of title 23, United States Code, and section
2045 of the Water Resources Development Act of 2007 (33 U.S.C.
2348) likely to require--
(A) a total investment of more than $200,000,000; and
(B) an environmental impact statement under NEPA.
(2) Effect of inclusion on dashboard.--Inclusion on the
Dashboard of information regarding projects subject to section 139
of title 23, United States Code, or section 2045 of the Water
Resources Development Act of 2007 (33 U.S.C. 2348) shall not
subject those projects to any requirements of this title.
SEC. 41004. INTERSTATE COMPACTS.
(a) In General.--The consent of Congress is given for 3 or more
contiguous States to enter into an interstate compact establishing
regional infrastructure development agencies to facilitate
authorization and review of covered projects, under State law or in the
exercise of delegated permitting authority described under section
41006, that will advance infrastructure development, production, and
generation within the States that are parties to the compact.
(b) Regional Infrastructure.--For the purpose of this title, a
regional infrastructure development agency referred to in subsection
(a) shall have the same authorities and responsibilities of a State
agency.
SEC. 41005. COORDINATION OF REQUIRED REVIEWS.
(a) Concurrent Reviews.--To integrate environmental reviews and
authorizations, each agency shall, to the maximum extent practicable--
(1) carry out the obligations of the agency with respect to a
covered project under any other applicable law concurrently, and in
conjunction with, other environmental reviews and authorizations
being conducted by other cooperating or participating agencies,
including environmental reviews and authorizations required under
NEPA, unless the agency determines that doing so would impair the
ability of the agency to carry out the statutory obligations of the
agency; and
(2) formulate and implement administrative, policy, and
procedural mechanisms to enable the agency to ensure completion of
the environmental review process in a timely, coordinated, and
environmentally responsible manner.
(b) Adoption, Incorporation by Reference, and Use of Documents.--
(1) State environmental documents; supplemental documents.--
(A) Use of existing documents.--
(i) In general.--On the request of a project sponsor, a
lead agency shall consider and, as appropriate, adopt or
incorporate by reference, the analysis and documentation
that has been prepared for a covered project under State
laws and procedures as the documentation, or part of the
documentation, required to complete an environmental review
for the covered project, if the analysis and documentation
were, as determined by the lead agency in consultation with
the Council on Environmental Quality, prepared under
circumstances that allowed for opportunities for public
participation and consideration of alternatives,
environmental consequences, and other required analyses
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.--
(A) In general.--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 shall engage
the cooperating agencies and the public to determine the range
of reasonable alternatives to be considered for a covered
project.
(B) Determination.--The determination under subparagraph
(A) shall be completed not later than the completion of
scoping.
(2) Range of alternatives.--
(A) In general.--Following participation under paragraph
(1) and subject to subparagraph (B), the lead agency shall
determine the range of reasonable alternatives for
consideration in any document that the lead agency is
responsible for preparing for the covered project.
(B) Alternatives required by law.--In determining the range
of alternatives under subparagraph (A), the lead agency shall
include all alternatives required to be considered by law.
(3) Methodologies.--
(A) In general.--The lead agency shall determine, in
collaboration with each cooperating agency at appropriate times
during the environmental review, the methodologies to be used
and the level of detail required in the analysis of each
alternative for a covered project.
(B) Environmental review.--A cooperating agency shall use
the methodologies referred to in subparagraph (A) when
conducting any required environmental review, to the extent
consistent with existing law.
(4) Preferred alternative.--With the concurrence of the
cooperating agencies with jurisdiction under Federal law and at the
discretion of the lead agency, the preferred alternative for a
project, after being identified, may be developed to a higher level
of detail than other alternatives to facilitate the development of
mitigation measures or concurrent compliance with other applicable
laws if the lead agency determines that the development of the
higher level of detail will not prevent--
(A) the lead agency from making an impartial decision as to
whether to accept another alternative that is being considered
in the environmental review; and
(B) the public from commenting on the preferred and other
alternatives.
(d) Environmental Review Comments.--
(1) Comments on draft environmental impact statement.--For
comments by an agency or the public on a draft environmental impact
statement, the lead agency shall establish a comment period of not
less than 45 days and not more than 60 days after the date on which
a notice announcing availability of the environmental impact
statement is published in the Federal Register, unless--
(A) the lead agency, the project sponsor, and any
cooperating agency agree to a longer deadline; or
(B) the lead agency, in consultation with each cooperating
agency, extends the deadline for good cause.
(2) Other review and comment periods.--For all other review or
comment periods in the environmental review process described in
parts 1500 through 1508 of title 40, Code of Federal Regulations
(or successor regulations), the lead agency shall establish a
comment period of not more than 45 days after the date on which the
materials on which comment is requested are made available,
unless--
(A) the lead agency, the project sponsor, and any
cooperating agency agree to a longer deadline; or
(B) the lead agency extends the deadline for good cause.
(e) Issue Identification and Resolution.--
(1) Cooperation.--The lead agency and each cooperating and
participating agency shall work cooperatively in accordance with
this section to identify and resolve issues that could delay
completion of an environmental review or an authorization required
for the project under applicable law or result in the denial of any
approval under applicable law.
(2) Lead agency responsibilities.--
(A) In general.--The lead agency shall make information
available to each cooperating and participating agency and
project sponsor as early as practicable in the environmental
review regarding the environmental, historic, and socioeconomic
resources located within the project area and the general
locations of the alternatives under consideration.
(B) Sources of information.--The information described in
subparagraph (A) may be based on existing data sources,
including geographic information systems mapping.
(3) Cooperating and participating agency responsibilities.--
Each cooperating and participating agency shall--
(A) identify, as early as practicable, any issues of
concern regarding any potential environmental impacts of the
covered project, including any issues that could substantially
delay or prevent an agency from completing any environmental
review or authorization required for the project; and
(B) communicate any issues described in subparagraph (A) to
the project sponsor.
(f) Categories of Projects.--The authorities granted under this
section may be exercised for an individual covered project or a
category of covered projects.
SEC. 41006. DELEGATED STATE PERMITTING PROGRAMS.
(a) In General.--If a Federal statute permits a Federal agency to
delegate to or otherwise authorize a State to issue or otherwise
administer a permit program in lieu of the Federal agency, the Federal
agency with authority to carry out the statute shall--
(1) on publication by the Council of best practices under
section 41002(c)(2)(B), initiate a national process, with public
participation, to determine whether and the extent to which any of
the best practices are generally applicable on a delegation- or
authorization-wide basis to permitting under the statute; and
(2) not later than 2 years after the date of enactment of this
Act, make model recommendations for State modifications of the
applicable permit program to reflect the best practices described
in section 41002(c)(2)(B), as appropriate.
(b) Best Practices.--Lead and cooperating agencies may share with
State, tribal, and local authorities best practices involved in review
of covered projects and invite input from State, tribal, and local
authorities regarding best practices.
SEC. 41007. LITIGATION, JUDICIAL REVIEW, AND SAVINGS PROVISION.
(a) Limitations on Claims.--
(1) In general.--Notwithstanding any other provision of law, a
claim arising under Federal law seeking judicial review of any
authorization issued by a Federal agency for a covered project
shall be barred unless--
(A) the action is filed not later than 2 years after the
date of publication in the Federal Register of the final record
of decision or approval or denial of a permit, unless a shorter
time is specified in the Federal law under which judicial
review is allowed; and
(B) in the case of an action pertaining to an environmental
review conducted under NEPA--
(i) the action is filed by a party that submitted a
comment during the environmental review; and
(ii) any commenter filed a sufficiently detailed
comment so as to put the lead agency on notice of the issue
on which the party seeks judicial review, or the lead
agency did not provide a reasonable opportunity for such a
comment on that issue.
(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 potential effects on public health, safety,
and the environment, and the potential for significant negative
effects on jobs resulting from an order or injunction; and
(2) not presume that the harms described in paragraph (1) are
reparable.
(c) Judicial Review.--Except as provided in subsection (a), nothing
in this title affects the reviewability of any final Federal agency
action in a court of competent jurisdiction.
(d) Savings Clause.--Nothing in this title--
(1) supersedes, amends, or modifies any Federal statute or
affects the responsibility of any Federal officer to comply with or
enforce any statute; or
(2) creates a presumption that a covered project will be
approved or favorably reviewed by any agency.
(e) Limitations.--Nothing in this section preempts, limits, or
interferes with--
(1) any practice of seeking, considering, or responding to
public comment; or
(2) any power, jurisdiction, responsibility, or authority that
a Federal, State, or local governmental agency, metropolitan
planning organization, Indian tribe, or project sponsor has with
respect to carrying out a project or any other provisions of law
applicable to any project, plan, or program.
SEC. 41008. REPORTS.
(a) Report to Congress.--
(1) 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.
(2) Contents.--The report described in paragraph (1) shall
assess the performance of each participating agency and lead agency
based on the best practices described in section 41002(c)(2)(B),
including--
(A) agency progress in making improvements consistent with
those best practices; and
(B) agency compliance with the performance schedules
established under section 41002(c)(1)(C).
(3) 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 paragraph (1).
(b) Comptroller General 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 describes--
(1) agency progress in making improvements consistent with the
best practices issued under section 41002(c)(2)(B); and
(2) agency compliance with the performance schedules
established under section 41002(c)(1)(C).
SEC. 41009. FUNDING FOR GOVERNANCE, OVERSIGHT, AND PROCESSING OF
ENVIRONMENTAL REVIEWS AND PERMITS.
(a) In General.--The heads of agencies listed in section
41002(b)(2)(B), with the guidance of the Director of the Office of
Management and Budget and in consultation with the Executive Director,
may, after public notice and opportunity for comment, issue regulations
establishing a fee structure for project proponents to reimburse the
United States for reasonable costs incurred in conducting environmental
reviews and authorizations for covered projects.
(b) Reasonable Costs.--As used in this section, the term
``reasonable costs'' shall include costs to implement the requirements
and authorities required under sections 41002 and 41003, including the
costs to agencies and the costs of operating the Council.
(c) Fee Structure.--The fee structure established under subsection
(a) shall--
(1) be developed in consultation with affected project
proponents, industries, and other stakeholders;
(2) exclude parties for which the fee would impose an undue
financial burden or is otherwise determined to be inappropriate;
and
(3) be established in a manner that ensures that the aggregate
amount of fees collected for a fiscal year is estimated not to
exceed 20 percent of the total estimated costs for the fiscal year
for the resources allocated for the conduct of the environmental
reviews and authorizations covered by this title, as determined by
the Director of the Office of Management and Budget.
(d) Environmental Review and Permitting Improvement Fund.--
(1) In general.--All amounts collected pursuant to this section
shall be deposited into a separate fund in the Treasury of the
United States to be known as the ``Environmental Review Improvement
Fund'' (referred to in this section as the ``Fund'').
(2) Availability.--Amounts in the Fund shall be available to
the Executive Director, without appropriation or fiscal year
limitation, solely for the purposes of administering, implementing,
and enforcing this title, including the expenses of the Council.
(3) Transfer.--The Executive Director, with the approval of the
Director of the Office of Management and Budget, may transfer
amounts in the Fund to other agencies to facilitate timely and
efficient environmental reviews and authorizations for proposed
covered projects.
(e) Effect on Permitting.--The regulations adopted pursuant to
subsection (a) shall ensure that the use of funds accepted under
subsection (d) will not impact impartial decision-making with respect
to environmental reviews or authorizations, either substantively or
procedurally.
(f) Transfer of Appropriated Funds.--
(1) In general.--The heads of agencies listed in section
41002(b)(2)(B) shall have the authority to transfer, in accordance
with section 1535 of title 31, United States Code, funds
appropriated to those agencies and not otherwise obligated to other
affected Federal agencies for the purpose of implementing the
provisions of this title.
(2) Limitation.--Appropriations under title 23, United States
Code and appropriations for the civil works program of the Army
Corps of Engineers shall not be available for transfer under
paragraph (1).
SEC. 41010. APPLICATION.
This title applies to any covered project for which--
(1) a notice is filed under section 41003(a)(1); or
(2) an application or other request for a Federal authorization
is pending before a Federal agency 90 days after the date of
enactment of this Act.
SEC. 41011. GAO REPORT.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report that includes an analysis of whether the provisions of this
title could be adapted to streamline the Federal permitting process for
smaller projects that are not covered projects.
SEC. 41012. SAVINGS PROVISION.
Nothing in this title amends the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
SEC. 41013. SUNSET.
This title shall terminate 7 years after the date of enactment of
this Act.
SEC. 41014. PLACEMENT.
The Office of the Law Revision Counsel is directed to place
sections 41001 through 41013 of this title in chapter 55 of title 42,
United States Code, as subchapter IV.
TITLE XLII--ADDITIONAL PROVISIONS
SEC. 42001. GAO REPORT ON REFUNDS TO REGISTERED VENDORS OF KEROSENE
USED IN NONCOMMERCIAL AVIATION.
Not later than 180 days after the date of the enactment of this
Act, the Comptroller General of the United States shall--
(1) conduct a study regarding payments made to vendors of
kerosene used in noncommercial aviation under section
6427(l)(4)(C)(ii) of the Internal Revenue Code of 1986; and
(2) submit to the appropriate committees of Congress a report
describing the results of such study, which shall include estimates
of--
(A) the number of vendors of kerosene used in noncommercial
aviation who are registered under section 4101 of such Code;
(B) the number of vendors of kerosene used in noncommercial
aviation who are not so registered;
(C) the number of vendors described in subparagraph (A) who
receive payments under section 6427(l)(4)(C)(ii) of such Code;
(D) the excess of--
(i) the amount of payments which would be made under
section 6427(l)(4)(C)(ii) of such Code if all vendors of
kerosene used in noncommercial aviation were registered and
filed claims for such payments, over
(ii) the amount of payments actually made under such
section; and
(E) the number of cases of diesel truck operators
fraudulently using kerosene taxed for use in aviation.
TITLE XLIII--PAYMENTS TO CERTIFIED STATES AND INDIAN TRIBES
SEC. 43001. PAYMENTS FROM ABANDONED MINE RECLAMATION FUND.
Section 411(h) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1240a(h)) is amended--
(1) in paragraph (1)(C)--
(A) by striking ``Payments'' and inserting the following:
``(i) In general.--Payments''; and
(B) by adding at the end the following:
``(ii) Certain payments required.--Not withstanding any
other provision of this Act, as soon as practicable, but
not later than December 10, 2015, of the 7 equal
installments referred to in clause (i), the Secretary shall
pay to any certified State or Indian tribe to which the
total annual payment under this subsection was limited to
$15,000,000 in 2013 and $28,000,000 in fiscal year 2014--
``(I) the final 2 installments in 2 separate
payments of $82,700,000 each; and
``(II) 2 separate payments of $38,250,000 each.'';
and
(2) by striking paragraphs (5) and (6).
DIVISION E--EXPORT-IMPORT BANK OF THE UNITED STATES
SEC. 50001. SHORT TITLE.
This division may be cited as the ``Export-Import Bank Reform and
Reauthorization Act of 2015''.
TITLE LI--TAXPAYER PROTECTION PROVISIONS AND INCREASED ACCOUNTABILITY
SEC. 51001. REDUCTION IN AUTHORIZED AMOUNT OF OUTSTANDING LOANS,
GUARANTEES, AND INSURANCE.
Section 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C.
635e(a)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by striking paragraph (2) and inserting the following:
``(2) Applicable amount defined.--In this subsection, the term
`applicable amount', for each of fiscal years 2015 through 2019,
means $135,000,000,000.
``(3) Freezing of lending cap if default rate is 2 percent or
more.--If the rate calculated under section 8(g)(1) is 2 percent or
more for a quarter, the Bank may not exceed the amount of loans,
guarantees, and insurance outstanding on the last day of that
quarter until the rate calculated under section 8(g)(1) is less
than 2 percent.''.
SEC. 51002. INCREASE IN LOSS RESERVES.
(a) In General.--Section 6 of the Export-Import Bank Act of 1945
(12 U.S.C. 635e) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Reserve Requirement.--The Bank shall build to and hold in
reserve, to protect against future losses, an amount that is not less
than 5 percent of the aggregate amount of disbursed and outstanding
loans, guarantees, and insurance of the Bank.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is one year after the date of the
enactment of this Act.
SEC. 51003. REVIEW OF FRAUD CONTROLS.
Section 17(b) of the Export-Import Bank Reauthorization Act of 2012
(12 U.S.C. 635a-6(b)) is amended to read as follows:
``(b) Review of Fraud Controls.--Not later than 4 years after the
date of the enactment of the Export-Import Bank Reform and
Reauthorization Act of 2015, and every 4 years thereafter, the
Comptroller General of the United States shall--
``(1) review the adequacy of the design and effectiveness of
the controls used by the Export-Import Bank of the United States to
prevent, detect, and investigate fraudulent applications for loans
and guarantees and the compliance by the Bank with the controls,
including by auditing a sample of Bank transactions; and
``(2) submit a written report regarding the findings of the
review and providing such recommendations with respect to the
controls described in paragraph (1) as the Comptroller General
deems appropriate to--
``(A) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Appropriations of the Senate; and
``(B) the Committee on Financial Services and the Committee
on Appropriations of the House of Representatives.''.
SEC. 51004. OFFICE OF ETHICS.
Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 635a) is
amended by adding at the end the following:
``(k) Office of Ethics.--
``(1) Establishment.--There is established an Office of Ethics
within the Bank, which shall oversee all ethics issues within the
Bank.
``(2) Head of office.--
``(A) In general.--The head of the Office of Ethics shall
be the Chief Ethics Officer, who shall report to the Board of
Directors.
``(B) Appointment.--Not later than 180 days after the date
of the enactment of the Export-Import Bank Reform and
Reauthorization Act of 2015, the Chief Ethics Officer shall
be--
``(i) appointed by the President of the Bank from among
persons--
``(I) with a background in law who have experience
in the fields of law and ethics; and
``(II) who are not serving in a position requiring
appointment by the President of the United States
before being appointed to be Chief Ethics Officer; and
``(ii) approved by the Board.
``(C) Designated agency ethics official.--The Chief Ethics
Officer shall serve as the designated agency ethics official
for the Bank pursuant to the Ethics in Government Act of 1978
(5 U.S.C. App. 101 et seq.).
``(3) Duties.--The Office of Ethics has jurisdiction over all
employees of, and ethics matters relating to, the Bank. With
respect to employees of the Bank, the Office of Ethics shall--
``(A) recommend administrative actions to establish or
enforce standards of official conduct;
``(B) refer to the Office of the Inspector General of the
Bank alleged violations of--
``(i) the standards of ethical conduct applicable to
employees of the Bank under parts 2635 and 6201 of title 5,
Code of Federal Regulations;
``(ii) the standards of ethical conduct established by
the Chief Ethics Officer; and
``(iii) any other laws, rules, or regulations governing
the performance of official duties or the discharge of
official responsibilities that are applicable to employees
of the Bank;
``(C) report to appropriate Federal or State authorities
substantial evidence of a violation of any law applicable to
the performance of official duties that may have been disclosed
to the Office of Ethics; and
``(D) render advisory opinions regarding the propriety of
any current or proposed conduct of an employee or contractor of
the Bank, and issue general guidance on such matters as
necessary.''.
SEC. 51005. CHIEF RISK OFFICER.
Section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 635a),
as amended by section 91004, is further amended by adding at the end
the following:
``(l) Chief Risk Officer.--
``(1) In general.--There shall be a Chief Risk Officer of the
Bank, who shall--
``(A) oversee all issues relating to risk within the Bank;
and
``(B) report to the President of the Bank.
``(2) Appointment.--Not later than 180 days after the date of
the enactment of the Export-Import Bank Reform and Reauthorization
Act of 2015, the Chief Risk Officer shall be--
``(A) appointed by the President of the Bank from among
persons--
``(i) with a demonstrated ability in the general
management of, and knowledge of and extensive practical
experience in, financial risk evaluation practices in large
governmental or business entities; and
``(ii) who are not serving in a position requiring
appointment by the President of the United States before
being appointed to be Chief Risk Officer; and
``(B) approved by the Board.
``(3) Duties.--The duties of the Chief Risk Officer are--
``(A) to be responsible for all matters related to managing
and mitigating all risk to which the Bank is exposed, including
the programs and operations of the Bank;
``(B) to establish policies and processes for risk
oversight, the monitoring of management compliance with risk
limits, and the management of risk exposures and risk controls
across the Bank;
``(C) to be responsible for the planning and execution of
all Bank risk management activities, including policies,
reporting, and systems to achieve strategic risk objectives;
``(D) to develop an integrated risk management program that
includes identifying, prioritizing, measuring, monitoring, and
managing internal control and operating risks and other
identified risks;
``(E) to ensure that the process for risk assessment and
underwriting for individual transactions considers how each
such transaction considers the effect of the transaction on the
concentration of exposure in the overall portfolio of the Bank,
taking into account fees, collateralization, and historic
default rates; and
``(F) to review the adequacy of the use by the Bank of
qualitative metrics to assess the risk of default under various
scenarios.''.
SEC. 51006. RISK MANAGEMENT COMMITTEE.
(a) In General.--Section 3 of the Export-Import Bank Act of 1945
(12 U.S.C. 635a), as amended by sections 91004 and 91005, is further
amended by adding at the end the following:
``(m) Risk Management Committee.--
``(1) Establishment.--There is established a management
committee to be known as the `Risk Management Committee'.
``(2) Membership.--The membership of the Risk Management
Committee shall be the members of the Board of Directors, with the
President and First Vice President of the Bank serving as ex
officio members.
``(3) Duties.--The duties of the Risk Management Committee
shall be--
``(A) to oversee, in conjunction with the Office of the
Chief Financial Officer of the Bank--
``(i) periodic stress testing on the entire Bank
portfolio, reflecting different market, industry, and
macroeconomic scenarios, and consistent with common
practices of commercial and multilateral development banks;
and
``(ii) the monitoring of industry, geographic, and
obligor exposure levels; and
``(B) to review all required reports on the default rate of
the Bank before submission to Congress under section 8(g).''.
(b) Termination of Audit Committee.--Not later than 180 days after
the date of the enactment of this Act, the Board of Directors of the
Export-Import Bank of the United States shall revise the bylaws of the
Bank to terminate the Audit Committee established by section 7 of the
bylaws.
SEC. 51007. INDEPENDENT AUDIT OF BANK PORTFOLIO.
(a) Audit.--The Inspector General of the Export-Import Bank of the
United States shall conduct an audit or evaluation of the portfolio
risk management procedures of the Bank, including a review of the
implementation by the Bank of the duties assigned to the Chief Risk
Officer under section 3(l) of the Export-Import Bank Act of 1945, as
amended by section 51005.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, and not less frequently than every 3 years thereafter, the
Inspector General shall submit to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a written report containing all
findings and determinations made in carrying out subsection (a).
SEC. 51008. PILOT PROGRAM FOR REINSURANCE.
(a) In General.--Notwithstanding any provision of the Export-Import
Bank Act of 1945 (12 U.S.C. 635 et seq.), the Export-Import Bank of the
United States (in this section referred to as the ``Bank'') may
establish a pilot program under which the Bank may enter into contracts
and other arrangements to share risks associated with the provision of
guarantees, insurance, or credit, or the participation in the extension
of credit, by the Bank under that Act.
(b) Limitations on Amount of Risk-Sharing.--
(1) Per contract or other arrangement.--The aggregate amount of
liability the Bank may transfer through risk-sharing pursuant to a
contract or other arrangement entered into under subsection (a) may
not exceed $1,000,000,000.
(2) Per year.--The aggregate amount of liability the Bank may
transfer through risk-sharing during a fiscal year pursuant to
contracts or other arrangements entered into under subsection (a)
during that fiscal year may not exceed $10,000,000,000.
(c) Annual Reports.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter through 2019, the Bank
shall submit to Congress a written report that contains a detailed
analysis of the use of the pilot program carried out under subsection
(a) during the year preceding the submission of the report.
(d) Rule of Construction.--Nothing in this section shall be
construed to affect, impede, or revoke any authority of the Bank.
(e) Termination.--The pilot program carried out under subsection
(a) shall terminate on September 30, 2019.
TITLE LII--PROMOTION OF SMALL BUSINESS EXPORTS
SEC. 52001. INCREASE IN SMALL BUSINESS LENDING REQUIREMENTS.
(a) In General.--Section 2(b)(1)(E)(v) of the Export-Import Bank
Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by striking ``20
percent'' and inserting ``25 percent''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2016 and each fiscal year thereafter.
SEC. 52002. REPORT ON PROGRAMS FOR SMALL- AND MEDIUM-SIZED BUSINESSES.
(a) In General.--Section 8 of the Export-Import Bank Act of 1945
(12 U.S.C. 635g) is amended by adding at the end the following:
``(k) Report on Programs for Small- and Medium-Sized Businesses.--
The Bank shall include in its annual report to Congress under
subsection (a) a report on the programs of the Bank for United States
businesses with less than $250,000,000 in annual sales.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to the report of the Export-Import Bank of the
United States submitted to Congress under section 8 of the Export-
Import Bank Act of 1945 (12 U.S.C. 635g) for the first year that begins
after the date of the enactment of this Act.
TITLE LIII--MODERNIZATION OF OPERATIONS
SEC. 53001. ELECTRONIC PAYMENTS AND DOCUMENTS.
Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)) is amended by adding at the end the following:
``(M) Not later than 2 years after the date of the enactment of the
Export-Import Bank Reform and Reauthorization Act of 2015, the Bank
shall implement policies--
``(i) to accept electronic documents with respect to
transactions whenever possible, including copies of bills of
lading, certifications, and compliance documents, in such manner so
as not to undermine any potential civil or criminal enforcement
related to the transactions; and
``(ii) to accept electronic payments in all of its programs.''.
SEC. 53002. REAUTHORIZATION OF INFORMATION TECHNOLOGY UPDATING.
Section 3(j) of the Export-Import Act of 1945 (12 U.S.C. 635a(j))
is amended--
(1) in paragraph (1), in the matter preceding subparagraph (A),
by striking ``2012, 2013, and 2014'' and inserting ``2015 through
2019'';
(2) in paragraph (2)(B), by striking ``(I) the funds'' and
inserting ``(i) the funds''; and
(3) in paragraph (3), by striking ``2012, 2013, and 2014'' and
inserting ``2015 through 2019''.
TITLE LIV--GENERAL PROVISIONS
SEC. 54001. EXTENSION OF AUTHORITY.
(a) In General.--Section 7 of the Export-Import Bank Act of 1945
(12 U.S.C. 635f) is amended by striking ``2014'' and inserting
``2019''.
(b) Dual-Use Exports.--Section 1(c) of Public Law 103-428 (12
U.S.C. 635 note) is amended by striking ``September 30, 2014'' and
inserting ``the date on which the authority of the Export-Import Bank
of the United States expires under section 7 of the Export-Import Bank
Act of 1945 (12 U.S.C. 635f)''.
(c) Sub-Saharan Africa Advisory Committee.--Section 2(b)(9)(B)(iii)
of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(9)(B)(iii)) is
amended by striking ``September 30, 2014'' and inserting ``the date on
which the authority of the Bank expires under section 7''.
(d) Effective Date.--The amendments made by this section shall take
effect on the earlier of the date of the enactment of this Act or June
30, 2015.
SEC. 54002. CERTAIN UPDATED LOAN TERMS AND AMOUNTS.
(a) Loan Terms for Medium-Term Financing.--Section 2(a)(2)(A) of
the Export-Import Bank Act of 1945 (12 U.S.C. 635(a)(2)(A)) is
amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon; and
(2) by adding at the end the following:
``(iii) with principal amounts of not more than
$25,000,000; and''.
(b) Competitive Opportunities Relating to Insurance.--Section
2(d)(2) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(d)(2)) is
amended by striking ``$10,000,000'' and inserting ``$25,000,000''.
(c) Export Amounts for Small Business Loans.--Section 3(g)(3) of
the Export-Import Bank Act of 1945 (12 U.S.C. 635a(g)(3)) is amended by
striking ``$10,000,000'' and inserting ``$25,000,000''.
(d) Consideration of Environmental Effects.--Section 11(a)(1)(A) of
the Export-Import Bank Act of 1945 (12 U.S.C. 635i-5(a)(1)(A)) is
amended by striking ``$10,000,000 or more'' and inserting the
following: ``$25,000,000 (or, if less than $25,000,000, the threshold
established pursuant to international agreements, including the Common
Approaches for Officially Supported Export Credits and Environmental
and Social Due Diligence, as adopted by the Organisation for Economic
Co-operation and Development Council on June 28, 2012, and the risk-
management framework adopted by financial institutions for determining,
assessing, and managing environmental and social risk in projects
(commonly referred to as the `Equator Principles')) or more''.
(e) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2016 and each fiscal year thereafter.
TITLE LV--OTHER MATTERS
SEC. 55001. PROHIBITION ON DISCRIMINATION BASED ON INDUSTRY.
Section 2 of the Export-Import Bank Act of 1945 (6 U.S.C. 635 et
seq.) is amended by adding at the end the following:
``(k) Prohibition on Discrimination Based on Industry.--
``(1) In general.--Except as provided in this Act, the Bank may
not--
``(A) deny an application for financing based solely on the
industry, sector, or business that the application concerns; or
``(B) promulgate or implement policies that discriminate
against an application based solely on the industry, sector, or
business that the application concerns.
``(2) Applicability.--The prohibitions under paragraph (1)
apply only to applications for financing by the Bank for projects
concerning the exploration, development, production, or export of
energy sources and the generation or transmission of electrical
power, or combined heat and power, regardless of the energy source
involved.''.
SEC. 55002. NEGOTIATIONS TO END EXPORT CREDIT FINANCING.
(a) In General.--Section 11 of the Export-Import Bank
Reauthorization Act of 2012 (12 U.S.C. 635a-5) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``Secretary of the Treasury (in this section referred to as the
`Secretary')'' and inserting ``President''; and
(B) in paragraph (1)--
(i) by striking ``(OECD)'' and inserting ``(in this
section referred to as the `OECD')''; and
(ii) by striking ``ultimate goal of eliminating'' and
inserting ``possible goal of eliminating, before the date
that is 10 years after the date of the enactment of the
Export-Import Bank Reform and Reauthorization Act of
2015,'';
(2) in subsection (b), by striking ``Secretary'' each place it
appears and inserting ``President''; and
(3) by adding at the end the following:
``(c) Report on Strategy.--Not later than 180 days after the date
of the enactment of the Export-Import Bank Reform and Reauthorization
Act of 2015, the President shall submit to Congress a proposal, and a
strategy for achieving the proposal, that the United States Government
will pursue with other major exporting countries, including OECD
members and non-OECD members, to eliminate over a period of not more
than 10 years subsidized export-financing programs, tied aid, export
credits, and all other forms of government-supported export subsidies.
``(d) Negotiations With Non-OECD Members.--The President shall
initiate and pursue negotiations with countries that are not OECD
members to bring those countries into a multilateral agreement
establishing rules and limitations on officially supported export
credits.
``(e) Annual Reports on Progress of Negotiations.--Not later than
180 days after the date of the enactment of the Export-Import Bank
Reform and Reauthorization Act of 2015, and annually thereafter through
calendar year 2019, the President shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives a report on the
progress of any negotiations described in subsection (d).''.
(b) Effective Date.--The amendments made by paragraphs (1) and (2)
of subsection (a) shall apply with respect to reports required to be
submitted under section 11(b) of the Export-Import Bank Reauthorization
Act of 2012 (12 U.S.C. 635a-5(b)) after the date of the enactment of
this Act.
SEC. 55003. STUDY OF FINANCING FOR INFORMATION AND COMMUNICATIONS
TECHNOLOGY SYSTEMS.
(a) Analysis of Information and Communications Technology Industry
Use of Bank Products.--The Export-Import Bank of the United States (in
this section referred to as the ``Bank'') shall conduct a study of the
extent to which the products offered by the Bank are available and used
by companies that export information and communications technology
services and related goods.
(b) Elements.--In conducting the study required by subsection (a),
the Bank shall examine the following:
(1) The number of jobs in the United States that are supported
by the export of information and communications technology services
and related goods, and the degree to which access to financing will
increase exports of such services and related goods.
(2) The reduction in the financing by the Bank of exports of
information and communications technology services from 2003
through 2014.
(3) The activities of foreign export credit agencies to
facilitate the export of information and communications technology
services and related goods.
(4) Specific proposals for how the Bank could provide
additional financing for the exportation of information and
communications technology services and related goods through risk-
sharing with other export credit agencies and other third parties.
(5) Proposals for new products the Bank could offer to provide
financing for exports of information and communications technology
services and related goods, including--
(A) the extent to which the Bank is authorized to offer new
products;
(B) the extent to which the Bank would need additional
authority to offer new products to meet the needs of the
information and communications technology industry;
(C) specific proposals for changes in law that would enable
the Bank to provide increased financing for exports of
information and communications technology services and related
goods in compliance with the credit and risk standards of the
Bank;
(D) specific proposals that would enable the Bank to
provide increased outreach to the information and
communications technology industry about the products the Bank
offers; and
(E) specific proposals for changes in law that would enable
the Bank to provide the financing to build information and
communications technology infrastructure, in compliance with
the credit and risk standards of the Bank, to allow for market
access opportunities for United States information and
communications technology companies to provide services on the
infrastructure being financed by the Bank.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Bank shall submit to Congress a report that
contains the results of the study required by subsection (a).
DIVISION F--ENERGY SECURITY
SEC. 61001. EMERGENCY PREPAREDNESS FOR ENERGY SUPPLY DISRUPTIONS.
(a) Finding.--Congress finds that recent natural disasters have
underscored the importance of having resilient oil and natural gas
infrastructure and effective ways for industry and government to
communicate to address energy supply disruptions.
(b) Authorization for Activities to Enhance Emergency Preparedness
for Natural Disasters.--The Secretary of Energy shall develop and adopt
procedures to--
(1) improve communication and coordination between the
Department of Energy's energy response team, Federal partners, and
industry;
(2) leverage the Energy Information Administration's subject
matter expertise within the Department's energy response team to
improve supply chain situation assessments;
(3) establish company liaisons and direct communication with
the Department's energy response team to improve situation
assessments;
(4) streamline and enhance processes for obtaining temporary
regulatory relief to speed up emergency response and recovery;
(5) facilitate and increase engagement among States, the oil
and natural gas industry, and the Department in developing State
and local energy assurance plans;
(6) establish routine education and training programs for key
government emergency response positions with the Department and
States; and
(7) involve States and the oil and natural gas industry in
comprehensive drill and exercise programs.
(c) Cooperation.--The activities carried out under subsection (b)
shall include collaborative efforts with State and local government
officials and the private sector.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Energy shall submit to Congress a report
describing the effectiveness of the activities authorized under this
section.
SEC. 61002. RESOLVING ENVIRONMENTAL AND GRID RELIABILITY CONFLICTS.
(a) Compliance With or Violation of Environmental Laws While Under
Emergency Order.--Section 202(c) of the Federal Power Act (16 U.S.C.
824a(c)) is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2) With respect to an order issued under this subsection that
may result in a conflict with a requirement of any Federal, State, or
local environmental law or regulation, the Commission shall ensure that
such order requires generation, delivery, interchange, or transmission
of electric energy only during hours necessary to meet the emergency
and serve the public interest, and, to the maximum extent practicable,
is consistent with any applicable Federal, State, or local
environmental law or regulation and minimizes any adverse environmental
impacts.
``(3) To the extent any omission or action taken by a party, that
is necessary to comply with an order issued under this subsection,
including any omission or action taken to voluntarily comply with such
order, results in noncompliance with, or causes such party to not
comply with, any Federal, State, or local environmental law or
regulation, such omission or action shall not be considered a violation
of such environmental law or regulation, or subject such party to any
requirement, civil or criminal liability, or a citizen suit under such
environmental law or regulation.
``(4)(A) An order issued under this subsection that may result in a
conflict with a requirement of any Federal, State, or local
environmental law or regulation shall expire not later than 90 days
after it is issued. The Commission may renew or reissue such order
pursuant to paragraphs (1) and (2) for subsequent periods, not to
exceed 90 days for each period, as the Commission determines necessary
to meet the emergency and serve the public interest.
``(B) In renewing or reissuing an order under subparagraph (A), the
Commission shall consult with the primary Federal agency with expertise
in the environmental interest protected by such law or regulation, and
shall include in any such renewed or reissued order such conditions as
such Federal agency determines necessary to minimize any adverse
environmental impacts to the extent practicable. The conditions, if
any, submitted by such Federal agency shall be made available to the
public. The Commission may exclude such a condition from the renewed or
reissued order if it determines that such condition would prevent the
order from adequately addressing the emergency necessitating such order
and provides in the order, or otherwise makes publicly available, an
explanation of such determination.
``(5) If an order issued under this subsection is subsequently
stayed, modified, or set aside by a court pursuant to section 313 or
any other provision of law, any omission or action previously taken by
a party that was necessary to comply with the order while the order was
in effect, including any omission or action taken to voluntarily comply
with the order, shall remain subject to paragraph (3).''.
(b) Temporary Connection or Construction by Municipalities.--
Section 202(d) of the Federal Power Act (16 U.S.C. 824a(d)) is amended
by inserting ``or municipality'' before ``engaged in the transmission
or sale of electric energy''.
SEC. 61003. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.
(a) Critical Electric Infrastructure Security.--Part II of the
Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding after
section 215 the following new section:
``SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.
``(a) Definitions.--For purposes of this section:
``(1) Bulk-power system; electric reliability organization;
regional entity.--The terms `bulk-power system', `Electric
Reliability Organization', and `regional entity' have the meanings
given such terms in paragraphs (1), (2), and (7) of section 215(a),
respectively.
``(2) Critical electric infrastructure.--The term `critical
electric infrastructure' means a system or asset of the bulk-power
system, whether physical or virtual, the incapacity or destruction
of which would negatively affect national security, economic
security, public health or safety, or any combination of such
matters.
``(3) Critical electric infrastructure information.--The term
`critical electric infrastructure information' means information
related to critical electric infrastructure, or proposed critical
electrical infrastructure, generated by or provided to the
Commission or other Federal agency, other than classified national
security information, that is designated as critical electric
infrastructure information by the Commission or the Secretary
pursuant to subsection (d). Such term includes information that
qualifies as critical energy infrastructure information under the
Commission's regulations.
``(4) Defense critical electric infrastructure.--The term
`defense critical electric infrastructure' means any electric
infrastructure located in any of the 48 contiguous States or the
District of Columbia that serves a facility designated by the
Secretary pursuant to subsection (c), but is not owned or operated
by the owner or operator of such facility.
``(5) Electromagnetic pulse.--The term `electromagnetic pulse'
means 1 or more pulses of electromagnetic energy emitted by a
device capable of disabling or disrupting operation of, or
destroying, electronic devices or communications networks,
including hardware, software, and data, by means of such a pulse.
``(6) Geomagnetic storm.--The term `geomagnetic storm' means a
temporary disturbance of the Earth's magnetic field resulting from
solar activity.
``(7) Grid security emergency.--The term `grid security
emergency' means the occurrence or imminent danger of--
``(A)(i) a malicious act using electronic communication or
an electromagnetic pulse, or a geomagnetic storm event, that
could disrupt the operation of those electronic devices or
communications networks, including hardware, software, and
data, that are essential to the reliability of critical
electric infrastructure or of defense critical electric
infrastructure; and
``(ii) disruption of the operation of such devices or
networks, with significant adverse effects on the reliability
of critical electric infrastructure or of defense critical
electric infrastructure, as a result of such act or event; or
``(B)(i) a direct physical attack on critical electric
infrastructure or on defense critical electric infrastructure;
and
``(ii) significant adverse effects on the reliability of
critical electric infrastructure or of defense critical
electric infrastructure as a result of such physical attack.
``(8) Secretary.--The term `Secretary' means the Secretary of
Energy.
``(b) Authority to Address Grid Security Emergency.--
``(1) Authority.--Whenever the President issues and provides to
the Secretary a written directive or determination identifying a
grid security emergency, the Secretary may, with or without notice,
hearing, or report, issue such orders for emergency measures as are
necessary in the judgment of the Secretary to protect or restore
the reliability of critical electric infrastructure or of defense
critical electric infrastructure during such emergency. As soon as
practicable but not later than 180 days after the date of enactment
of this section, the Secretary shall, after notice and opportunity
for comment, establish rules of procedure that ensure that such
authority can be exercised expeditiously.
``(2) Notification of congress.--Whenever the President issues
and provides to the Secretary a written directive or determination
under paragraph (1), the President shall promptly notify
congressional committees of relevant jurisdiction, including the
Committee on Energy and Commerce of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate, of
the contents of, and justification for, such directive or
determination.
``(3) Consultation.--Before issuing an order for emergency
measures under paragraph (1), the Secretary shall, to the extent
practicable in light of the nature of the grid security emergency
and the urgency of the need for action, consult with appropriate
governmental authorities in Canada and Mexico, entities described
in paragraph (4), the Electricity Sub-sector Coordinating Council,
the Commission, and other appropriate Federal agencies regarding
implementation of such emergency measures.
``(4) Application.--An order for emergency measures under this
subsection may apply to--
``(A) the Electric Reliability Organization;
``(B) a regional entity; or
``(C) any owner, user, or operator of critical electric
infrastructure or of defense critical electric infrastructure
within the United States.
``(5) Expiration and reissuance.--
``(A) In general.--Except as provided in subparagraph (B),
an order for emergency measures issued under paragraph (1)
shall expire no later than 15 days after its issuance.
``(B) Extensions.--The Secretary may reissue an order for
emergency measures issued under paragraph (1) for subsequent
periods, not to exceed 15 days for each such period, provided
that the President, for each such period, issues and provides
to the Secretary a written directive or determination that the
grid security emergency identified under paragraph (1)
continues to exist or that the emergency measure continues to
be required.
``(6) Cost recovery.--
``(A) Critical electric infrastructure.--If the Commission
determines that owners, operators, or users of critical
electric infrastructure have incurred substantial costs to
comply with an order for emergency measures issued under this
subsection and that such costs were prudently incurred and
cannot reasonably be recovered through regulated rates or
market prices for the electric energy or services sold by such
owners, operators, or users, the Commission shall, consistent
with the requirements of section 205, after notice and an
opportunity for comment, establish a mechanism that permits
such owners, operators, or users to recover such costs.
``(B) Defense critical electric infrastructure.--To the
extent the owner or operator of defense critical electric
infrastructure is required to take emergency measures pursuant
to an order issued under this subsection, the owners or
operators of a critical defense facility or facilities
designated by the Secretary pursuant to subsection (c) that
rely upon such infrastructure shall bear the full incremental
costs of the measures.
``(7) Temporary access to classified information.--The
Secretary, and other appropriate Federal agencies, shall, to the
extent practicable and consistent with their obligations to protect
classified information, provide temporary access to classified
information related to a grid security emergency for which
emergency measures are issued under paragraph (1) to key personnel
of any entity subject to such emergency measures to enable optimum
communication between the entity and the Secretary and other
appropriate Federal agencies regarding the grid security emergency.
``(c) Designation of Critical Defense Facilities.--Not later than
180 days after the date of enactment of this section, the Secretary, in
consultation with other appropriate Federal agencies and appropriate
owners, users, or operators of infrastructure that may be defense
critical electric infrastructure, shall identify and designate
facilities located in the 48 contiguous States and the District of
Columbia that are--
``(1) critical to the defense of the United States; and
``(2) vulnerable to a disruption of the supply of electric
energy provided to such facility by an external provider.
The Secretary may, in consultation with appropriate Federal agencies
and appropriate owners, users, or operators of defense critical
electric infrastructure, periodically revise the list of designated
facilities as necessary.
``(d) Protection and Sharing of Critical Electric Infrastructure
Information.--
``(1) Protection of critical electric infrastructure
information.--Critical electric infrastructure information--
``(A) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code; and
``(B) shall not be made available by any Federal, State,
political subdivision or tribal authority pursuant to any
Federal, State, political subdivision or tribal law requiring
public disclosure of information or records.
``(2) Designation and sharing of critical electric
infrastructure information.--Not later than one year after the date
of enactment of this section, the Commission, after consultation
with the Secretary, shall promulgate such regulations as necessary
to--
``(A) establish criteria and procedures to designate
information as critical electric infrastructure information;
``(B) prohibit the unauthorized disclosure of critical
electric infrastructure information;
``(C) ensure there are appropriate sanctions in place for
Commissioners, officers, employees, or agents of the Commission
or the Department of Energy who knowingly and willfully
disclose critical electric infrastructure information in a
manner that is not authorized under this section; and
``(D) taking into account standards of the Electric
Reliability Organization, facilitate voluntary sharing of
critical electric infrastructure information with, between, and
by--
``(i) Federal, State, political subdivision, and tribal
authorities;
``(ii) the Electric Reliability Organization;
``(iii) regional entities;
``(iv) information sharing and analysis centers
established pursuant to Presidential Decision Directive 63;
``(v) owners, operators, and users of critical electric
infrastructure in the United States; and
``(vi) other entities determined appropriate by the
Commission.
``(3) Authority to designate.--Information may be designated by
the Commission or the Secretary as critical electric infrastructure
information pursuant to the criteria and procedures established by
the Commission under paragraph (2)(A).
``(4) Considerations.--In exercising their respective
authorities under this subsection, the Commission and the Secretary
shall take into consideration the role of State commissions in
reviewing the prudence and cost of investments, determining the
rates and terms of conditions for electric services, and ensuring
the safety and reliability of the bulk-power system and
distribution facilities within their respective jurisdictions.
``(5) Protocols.--The Commission and the Secretary shall, in
consultation with Canadian and Mexican authorities, develop
protocols for the voluntary sharing of critical electric
infrastructure information with Canadian and Mexican authorities
and owners, operators, and users of the bulk-power system outside
the United States.
``(6) No required sharing of information.--Nothing in this
section shall require a person or entity in possession of critical
electric infrastructure information to share such information with
Federal, State, political subdivision, or tribal authorities, or
any other person or entity.
``(7) Submission of information to congress.--Nothing in this
section shall permit or authorize the withholding of information
from Congress, any committee or subcommittee thereof, or the
Comptroller General.
``(8) Disclosure of nonprotected information.--In implementing
this section, the Commission and the Secretary shall segregate
critical electric infrastructure information or information that
reasonably could be expected to lead to the disclosure of the
critical electric infrastructure information within documents and
electronic communications, wherever feasible, to facilitate
disclosure of information that is not designated as critical
electric infrastructure information.
``(9) Duration of designation.--Information may not be
designated as critical electric infrastructure information for
longer than 5 years, unless specifically re-designated by the
Commission or the Secretary, as appropriate.
``(10) Removal of designation.--The Commission or the
Secretary, as appropriate, shall remove the designation of critical
electric infrastructure information, in whole or in part, from a
document or electronic communication if the Commission or the
Secretary, as appropriate, determines that the unauthorized
disclosure of such information could no longer be used to impair
the security or reliability of the bulk-power system or
distribution facilities.
``(11) Judicial review of designations.--Notwithstanding
section 313(b), with respect to a petition filed by a person to
which an order under this section applies, any determination by the
Commission or the Secretary concerning the designation of critical
electric infrastructure information under this subsection shall be
subject to review under chapter 7 of title 5, United States Code,
except that such review shall be brought in the district court of
the United States in the district in which the complainant resides,
or has his principal place of business, or in the District of
Columbia. In such a case the court shall examine in camera the
contents of documents or electronic communications that are the
subject of the determination under review to determine whether such
documents or any part thereof were improperly designated or not
designated as critical electric infrastructure information.
``(e) Security Clearances.--The Secretary shall facilitate and, to
the extent practicable, expedite the acquisition of adequate security
clearances by key personnel of any entity subject to the requirements
of this section, to enable optimum communication with Federal agencies
regarding threats to the security of the critical electric
infrastructure. The Secretary, the Commission, and other appropriate
Federal agencies shall, to the extent practicable and consistent with
their obligations to protect classified and critical electric
infrastructure information, share timely actionable information
regarding grid security with appropriate key personnel of owners,
operators, and users of the critical electric infrastructure.
``(f) Clarifications of Liability.--
``(1) Compliance with or violation of this act.--Except as
provided in paragraph (4), to the extent any action or omission
taken by an entity that is necessary to comply with an order for
emergency measures issued under subsection (b)(1), including any
action or omission taken to voluntarily comply with such order,
results in noncompliance with, or causes such entity not to comply
with any rule, order, regulation, or provision of this Act,
including any reliability standard approved by the Commission
pursuant to section 215, such action or omission shall not be
considered a violation of such rule, order, regulation, or
provision.
``(2) Relation to section 202(c).--Except as provided in
paragraph (4), an action or omission taken by an owner, operator,
or user of critical electric infrastructure or of defense critical
electric infrastructure to comply with an order for emergency
measures issued under subsection (b)(1) shall be treated as an
action or omission taken to comply with an order issued under
section 202(c) for purposes of such section.
``(3) Sharing or receipt of information.--No cause of action
shall lie or be maintained in any Federal or State court for the
sharing or receipt of information under, and that is conducted in
accordance with, subsection (d).
``(4) Rule of construction.--Nothing in this subsection shall
be construed to require dismissal of a cause of action against an
entity that, in the course of complying with an order for emergency
measures issued under subsection (b)(1) by taking an action or
omission for which they would be liable but for paragraph (1) or (2
), takes such action or omission in a grossly negligent manner.''.
(b) Conforming Amendments.--
(1) Jurisdiction.--Section 201(b)(2) of the Federal Power Act
(16 U.S.C. 824(b)(2)) is amended by inserting ``215A,'' after
``215,'' each place it appears.
(2) Public utility.--Section 201(e) of the Federal Power Act
(16 U.S.C. 824(e)) is amended by inserting ``215A,'' after
``215,''.
(c) Enhanced Grid Security.--
(1) Definitions.--In this subsection:
(A) Critical electric infrastructure; critical electric
infrastructure information.--The terms ``critical electric
infrastructure'' and ``critical electric infrastructure
information'' have the meanings given those terms in section
215A of the Federal Power Act.
(B) Sector-specific agency.--The term ``Sector-Specific
Agency'' has the meaning given that term in the Presidential
Policy Directive entitled ``Critical Infrastructure Security
and Resilience'', numbered 21, and dated February 12, 2013.
(2) Sector-specific agency for cybersecurity for the energy
sector.--
(A) In general.--The Department of Energy shall be the lead
Sector-Specific Agency for cybersecurity for the energy sector.
(B) Duties.--As head of the designated Sector-Specific
Agency for cybersecurity, the duties of the Secretary of Energy
shall include--
(i) coordinating with the Department of Homeland
Security and other relevant Federal departments and
agencies;
(ii) collaborating with--
(I) critical electric infrastructure owners and
operators; and
(II) as appropriate--
(aa) independent regulatory agencies; and
(bb) State, local, tribal, and territorial
entities;
(cc) serving as a day-to-day Federal interface
for the dynamic prioritization and coordination of
sector-specific activities;
(dd) carrying out incident management
responsibilities consistent with applicable law
(including regulations) and other appropriate
policies or directives;
(ee) providing, supporting, or facilitating
technical assistance and consultations for the
energy sector to identify vulnerabilities and help
mitigate incidents, as appropriate; and
(ff) supporting the reporting requirements of
the Department of Homeland Security under
applicable law by providing, on an annual basis,
sector-specific critical electric infrastructure
information.
SEC. 61004. STRATEGIC TRANSFORMER RESERVE.
(a) Finding.--Congress finds that the storage of strategically
located spare large power transformers and emergency mobile substations
will reduce the vulnerability of the United States to multiple risks
facing electric grid reliability, including physical attack, cyber
attack, electromagnetic pulse, geomagnetic disturbances, severe
weather, and seismic events.
(b) Definitions.--In this section:
(1) Bulk-power system.--The term ``bulk-power system'' has the
meaning given such term in section 215(a) of the Federal Power Act
(16 U.S.C. 824o(a)).
(2) Critically damaged large power transformer.--The term
``critically damaged large power transformer'' means a large power
transformer that--
(A) has sustained extensive damage such that--
(i) repair or refurbishment is not economically viable;
or
(ii) the extensive time to repair or refurbish the
large power transformer would create an extended period of
instability in the bulk-power system; and
(B) prior to sustaining such damage, was part of the bulk-
power system.
(3) Critical electric infrastructure.--The term ``critical
electric infrastructure'' has the meaning given that term in
section 215A of the Federal Power Act.
(4) Electric reliability organization.--The term ``Electric
Reliability Organization'' has the meaning given such term in
section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
(5) Emergency mobile substation.--The term ``emergency mobile
substation'' means a mobile substation or mobile transformer that
is--
(A) assembled and permanently mounted on a trailer that is
capable of highway travel and meets relevant Department of
Transportation regulations; and
(B) intended for express deployment and capable of being
rapidly placed into service.
(6) Large power transformer.--The term ``large power
transformer'' means a power transformer with a maximum nameplate
rating of 100 megavolt-amperes or higher, including related
critical equipment, that is, or is intended to be, a part of the
bulk-power system.
(7) Secretary.--The term ``Secretary'' means the Secretary of
Energy.
(8) Spare large power transformer.--The term ``spare large
power transformer'' means a large power transformer that is stored
within the Strategic Transformer Reserve to be available to
temporarily replace a critically damaged large power transformer.
(c) Strategic Transformer Reserve Plan.--
(1) Plan.--Not later than 1 year after the date of enactment of
this Act, the Secretary, acting through the Office of Electricity
Delivery and Energy Reliability, shall, in consultation with the
Federal Energy Regulatory Commission, the Electricity Sub-sector
Coordinating Council, the Electric Reliability Organization, and
owners and operators of critical electric infrastructure and
defense and military installations, prepare and submit to Congress
a plan to establish a Strategic Transformer Reserve for the
storage, in strategically located facilities, of spare large power
transformers and emergency mobile substations in sufficient numbers
to temporarily replace critically damaged large power transformers
and substations that are critical electric infrastructure or serve
defense and military installations.
(2) Inclusions.--The Strategic Transformer Reserve plan shall
include a description of--
(A) the appropriate number and type of spare large power
transformers necessary to provide or restore sufficient
resiliency to the bulk-power system, critical electric
infrastructure, and defense and military installations to
mitigate significant impacts to the electric grid resulting
from--
(i) physical attack;
(ii) cyber attack;
(iii) electromagnetic pulse attack;
(iv) geomagnetic disturbances;
(v) severe weather; or
(vi) seismic events;
(B) other critical electric grid equipment for which an
inventory of spare equipment, including emergency mobile
substations, is necessary to provide or restore sufficient
resiliency to the bulk-power system, critical electric
infrastructure, and defense and military installations;
(C) the degree to which utility sector actions or
initiatives, including individual utility ownership of spare
equipment, joint ownership of spare equipment inventory,
sharing agreements, or other spare equipment reserves or
arrangements, satisfy the needs identified under subparagraphs
(A) and (B);
(D) the potential locations for, and feasibility and
appropriate number of, strategic storage locations for reserve
equipment, including consideration of--
(i) the physical security of such locations;
(ii) the protection of the confidentiality of such
locations; and
(iii) the proximity of such locations to sites of
potentially critically damaged large power transformers and
substations that are critical electric infrastructure or
serve defense and military installations, so as to enable
efficient delivery of equipment to such sites;
(E) the necessary degree of flexibility of spare large
power transformers to be included in the Strategic Transformer
Reserve to conform to different substation configurations,
including consideration of transformer--
(i) power and voltage rating for each winding;
(ii) overload requirements;
(iii) impedance between windings;
(iv) configuration of windings; and
(v) tap requirements;
(F) an estimate of the direct cost of the Strategic
Transformer Reserve, as proposed, including--
(i) the cost of storage facilities;
(ii) the cost of the equipment; and
(iii) management, maintenance, and operation costs;
(G) the funding options available to establish, stock,
manage, and maintain the Strategic Transformer Reserve,
including consideration of fees on owners and operators of
bulk-power system facilities, critical electric infrastructure,
and defense and military installations relying on the Strategic
Transformer Reserve, use of Federal appropriations, and public-
private cost-sharing options;
(H) the ease and speed of transportation, installation, and
energization of spare large power transformers to be included
in the Strategic Transformer Reserve, including consideration
of factors such as--
(i) transformer transportation weight;
(ii) transformer size;
(iii) topology of critical substations;
(iv) availability of appropriate transformer mounting
pads;
(v) flexibility of the spare large power transformers
as described in subparagraph (E); and
(vi) ability to rapidly transition a spare large power
transformer from storage to energization;
(I) eligibility criteria for withdrawal of equipment from
the Strategic Transformer Reserve;
(J) the process by which owners or operators of critically
damaged large power transformers or substations that are
critical electric infrastructure or serve defense and military
installations may apply for a withdrawal from the Strategic
Transformer Reserve;
(K) the process by which equipment withdrawn from the
Strategic Transformer Reserve is returned to the Strategic
Transformer Reserve or is replaced;
(L) possible fees to be paid by users of equipment
withdrawn from the Strategic Transformer Reserve;
(M) possible fees to be paid by owners and operators of
large power transformers and substations that are critical
electric infrastructure or serve defense and military
installations to cover operating costs of the Strategic
Transformer Reserve;
(N) the domestic and international large power transformer
supply chain;
(O) the potential reliability, cost, and operational
benefits of including emergency mobile substations in any
Strategic Transformer Reserve established under this section;
and
(P) other considerations for designing, constructing,
stocking, funding, and managing the Strategic Transformer
Reserve.
(d) Disclosure of Information.--Any information included in the
Strategic Transformer Reserve plan, or shared in the preparation and
development of such plan, the disclosure of which could cause harm to
critical electric infrastructure, shall be exempt from disclosure under
section 552(b)(3) of title 5, United States Code, and any State,
tribal, or local law requiring disclosure of information or records.
SEC. 61005. ENERGY SECURITY VALUATION.
(a) Establishment of Energy Security Valuation Methods.--Not later
than 1 year after the date of enactment of this Act, the Secretary of
Energy, in collaboration with the Secretary of State, shall develop and
transmit, after public notice and comment, to the Committee on Energy
and Commerce and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Energy and Natural Resources and
the Committee on Foreign Relations of the Senate a report that includes
recommended United States energy security valuation methods. In
developing the report, the Secretaries may consider the recommendations
of the Administration's Quadrennial Energy Review released on April 21,
2015. The report shall--
(1) evaluate and define United States energy security to
reflect modern domestic and global energy markets and the
collective needs of the United States and its allies and partners;
(2) identify transparent and uniform or coordinated procedures
and criteria to ensure that energy-related actions that
significantly affect the supply, distribution, or use of energy are
evaluated with respect to their potential impact on energy
security, including their impact on--
(A) consumers and the economy;
(B) energy supply diversity and resiliency;
(C) well-functioning and competitive energy markets;
(D) United States trade balance; and
(E) national security objectives; and
(3) include a recommended implementation strategy that
identifies and aims to ensure that the procedures and criteria
referred to in paragraph (2) are--
(A) evaluated consistently across the Federal Government;
and
(B) weighed appropriately and balanced with environmental
considerations required by Federal law.
(b) Participation.--In developing the report referred to in
subsection (a), the Secretaries may consult with relevant Federal,
State, private sector, and international participants, as appropriate
and consistent with applicable law.
DIVISION G--FINANCIAL SERVICES
TITLE LXXI--IMPROVING ACCESS TO CAPITAL FOR EMERGING GROWTH COMPANIES
SEC. 71001. FILING REQUIREMENT FOR PUBLIC FILING PRIOR TO PUBLIC
OFFERING.
Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 77f(e)(1))
is amended by striking ``21 days'' and inserting ``15 days''.
SEC. 71002. GRACE PERIOD FOR CHANGE OF STATUS OF EMERGING GROWTH
COMPANIES.
Section 6(e)(1) of the Securities Act of 1933 (15 U.S.C. 77f(e)(1))
is further amended by adding at the end the following: ``An issuer that
was an emerging growth company at the time it submitted a confidential
registration statement or, in lieu thereof, a publicly filed
registration statement for review under this subsection but ceases to
be an emerging growth company thereafter shall continue to be treated
as an emerging market growth company for the purposes of this
subsection through the earlier of the date on which the issuer
consummates its initial public offering pursuant to such registrations
statement or the end of the 1-year period beginning on the date the
company ceases to be an emerging growth company.''.
SEC. 71003. SIMPLIFIED DISCLOSURE REQUIREMENTS FOR EMERGING GROWTH
COMPANIES.
Section 102 of the Jumpstart Our Business Startups Act (Public Law
112-106) is amended by adding at the end the following:
``(d) Simplified Disclosure Requirements.--With respect to an
emerging growth company (as such term is defined under section 2 of the
Securities Act of 1933):
``(1) Requirement to include notice on forms s-1 and f-1.--Not
later than 30 days after the date of enactment of this subsection,
the Securities and Exchange Commission shall revise its general
instructions on Forms S-1 and F-1 to indicate that a registration
statement filed (or submitted for confidential review) by an issuer
prior to an initial public offering may omit financial information
for historical periods otherwise required by regulation S-X (17 CFR
210.1-01 et seq.) as of the time of filing (or confidential
submission) of such registration statement, provided that--
``(A) the omitted financial information relates to a
historical period that the issuer reasonably believes will not
be required to be included in the Form S-1 or F-1 at the time
of the contemplated offering; and
``(B) prior to the issuer distributing a preliminary
prospectus to investors, such registration statement is amended
to include all financial information required by such
regulation S-X at the date of such amendment.
``(2) Reliance by issuers.--Effective 30 days after the date of
enactment of this subsection, an issuer filing a registration
statement (or submitting the statement for confidential review) on
Form S-1 or Form F-1 may omit financial information for historical
periods otherwise required by regulation S-X (17 CFR 210.1-01 et
seq.) as of the time of filing (or confidential submission) of such
registration statement, provided that--
``(A) the omitted financial information relates to a
historical period that the issuer reasonably believes will not
be required to be included in the Form S-1 or Form F-1 at the
time of the contemplated offering; and
``(B) prior to the issuer distributing a preliminary
prospectus to investors, such registration statement is amended
to include all financial information required by such
regulation S-X at the date of such amendment.''.
TITLE LXXII--DISCLOSURE MODERNIZATION AND SIMPLIFICATION
SEC. 72001. SUMMARY PAGE FOR FORM 10-K.
Not later than the end of the 180-day period beginning on the date
of the enactment of this Act, the Securities and Exchange Commission
shall issue regulations to permit issuers to submit a summary page on
form 10-K (17 CFR 249.310), but only if each item on such summary page
includes a cross-reference (by electronic link or otherwise) to the
material contained in form 10-K to which such item relates.
SEC. 72002. IMPROVEMENT OF REGULATION S-K.
Not later than the end of the 180-day period beginning on the date
of the enactment of this Act, the Securities and Exchange Commission
shall take all such actions to revise regulation S-K (17 CFR 229.10 et
seq.)--
(1) to further scale or eliminate requirements of regulation S-
K, in order to reduce the burden on emerging growth companies,
accelerated filers, smaller reporting companies, and other smaller
issuers, while still providing all material information to
investors;
(2) to eliminate provisions of regulation S-K, required for all
issuers, that are duplicative, overlapping, outdated, or
unnecessary; and
(3) for which the Commission determines that no further study
under section 72203 is necessary to determine the efficacy of such
revisions to regulation S-K.
SEC. 72003. STUDY ON MODERNIZATION AND SIMPLIFICATION OF REGULATION S-
K.
(a) Study.--The Securities and Exchange Commission shall carry out
a study of the requirements contained in regulation S-K (17 CFR 229.10
et seq.). Such study shall--
(1) determine how best to modernize and simplify such
requirements in a manner that reduces the costs and burdens on
issuers while still providing all material information;
(2) emphasize a company by company approach that allows
relevant and material information to be disseminated to investors
without boilerplate language or static requirements while
preserving completeness and comparability of information across
registrants; and
(3) evaluate methods of information delivery and presentation
and explore methods for discouraging repetition and the disclosure
of immaterial information.
(b) Consultation.--In conducting the study required under
subsection (a), the Commission shall consult with the Investor Advisory
Committee and the Advisory Committee on Small and Emerging Companies.
(c) Report.--Not later than the end of the 360-day period beginning
on the date of enactment of this Act, the Commission shall issue a
report to the Congress containing--
(1) all findings and determinations made in carrying out the
study required under subsection (a);
(2) specific and detailed recommendations on modernizing and
simplifying the requirements in regulation S-K in a manner that
reduces the costs and burdens on companies while still providing
all material information; and
(3) specific and detailed recommendations on ways to improve
the readability and navigability of disclosure documents and to
discourage repetition and the disclosure of immaterial information.
(d) Rulemaking.--Not later than the end of the 360-day period
beginning on the date that the report is issued to the Congress under
subsection (c), the Commission shall issue a proposed rule to implement
the recommendations of the report issued under subsection (c).
(e) Rule of Construction.--Revisions made to regulation S-K by the
Commission under section 202 shall not be construed as satisfying the
rulemaking requirements under this section.
TITLE LXXIII--BULLION AND COLLECTIBLE COIN PRODUCTION EFFICIENCY AND
COST SAVINGS
SEC. 73001. TECHNICAL CORRECTIONS.
Title 31, United States Code, is amended--
(1) in section 5112--
(A) in subsection (q)--
(i) by striking paragraphs (3) and (8); and
(ii) by redesignating paragraphs (4), (5), (6), and (7)
as paragraphs (3), (4), (5), and (6), respectively;
(B) in subsection (t)(6)(B), by striking ``90 percent
silver and 10 percent copper'' and inserting ``not less than 90
percent silver''; and
(C) in subsection (v)--
(i) in paragraph (1), by striking ``Subject to'' and
all that follows through ``the Secretary shall'' and
inserting ``The Secretary shall'';
(ii) in paragraph (2)(A), by striking ``The Secretary''
and inserting ``To the greatest extent possible, the
Secretary'';
(iii) in paragraph (5), by inserting after ``may
issue'' the following: ``collectible versions of''; and
(iv) by striking paragraph (8); and
(2) in section 5132(a)(2)(B)(i), by striking ``90 percent
silver and 10 percent copper'' and inserting ``not less than 90
percent silver''.
SEC. 73002. AMERICAN EAGLE SILVER BULLION 30TH ANNIVERSARY.
Proof and uncirculated versions of coins issued by the Secretary of
the Treasury pursuant to subsection (e) of section 5112 of title 31,
United States Code, during calendar year 2016 shall have a smooth edge
incused with a designation that notes the 30th anniversary of the first
issue of coins under such subsection.
TITLE LXXIV--SBIC ADVISERS RELIEF
SEC. 74001. ADVISERS OF SBICS AND VENTURE CAPITAL FUNDS.
Section 203(l) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-3(l)) is amended--
(1) by striking ``No investment adviser'' and inserting the
following:
``(1) In general.--No investment adviser''; and
(2) by adding at the end the following:
``(2) Advisers of sbics.--For purposes of this subsection, a
venture capital fund includes an entity described in subparagraph
(A), (B), or (C) of subsection (b)(7) (other than an entity that
has elected to be regulated or is regulated as a business
development company pursuant to section 54 of the Investment
Company Act of 1940).''.
SEC. 74002. ADVISERS OF SBICS AND PRIVATE FUNDS.
Section 203(m) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-3(m)) is amended by adding at the end the following:
``(3) Advisers of sbics.--For purposes of this subsection, the
assets under management of a private fund that is an entity
described in subparagraph (A), (B), or (C) of subsection (b)(7)
(other than an entity that has elected to be regulated or is
regulated as a business development company pursuant to section 54
of the Investment Company Act of 1940) shall be excluded from the
limit set forth in paragraph (1).''.
SEC. 74003. RELATIONSHIP TO STATE LAW.
Section 203A(b)(1) of the Investment Advisers Act of 1940 (15
U.S.C. 80b-3a(b)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(C) that is not registered under section 203 because that
person is exempt from registration as provided in subsection
(b)(7) of such section, or is a supervised person of such
person.''.
TITLE LXXV--ELIMINATE PRIVACY NOTICE CONFUSION
SEC. 75001. EXCEPTION TO ANNUAL PRIVACY NOTICE REQUIREMENT UNDER THE
GRAMM-LEACH-BLILEY ACT.
Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) is
amended by adding at the end the following:
``(f) Exception to Annual Notice Requirement.--A financial
institution that--
``(1) provides nonpublic personal information only in
accordance with the provisions of subsection (b)(2) or (e) of
section 502 or regulations prescribed under section 504(b), and
``(2) has not changed its policies and practices with regard to
disclosing nonpublic personal information from the policies and
practices that were disclosed in the most recent disclosure sent to
consumers in accordance with this section,
shall not be required to provide an annual disclosure under this
section until such time as the financial institution fails to comply
with any criteria described in paragraph (1) or (2).''.
TITLE LXXVI--REFORMING ACCESS FOR INVESTMENTS IN STARTUP ENTERPRISES
SEC. 76001. EXEMPTED TRANSACTIONS.
(a) Exempted Transactions.--Section 4 of the Securities Act of 1933
(15 U.S.C. 77d) is amended--
(1) in subsection (a), by adding at the end the following new
paragraph:
``(7) transactions meeting the requirements of subsection
(d).'';
(2) by redesignating the second subsection (b) (relating to
securities offered and sold in compliance with Rule 506 of
Regulation D) as subsection (c); and
(3) by adding at the end the following:
``(d) Certain Accredited Investor Transactions.--The transactions
referred to in subsection (a)(7) are transactions meeting the following
requirements:
``(1) Accredited investor requirement.--Each purchaser is an
accredited investor, as that term is defined in section 230.501(a)
of title 17, Code of Federal Regulations (or any successor
regulation).
``(2) Prohibition on general solicitation or advertising.--
Neither the seller, nor any person acting on the seller's behalf,
offers or sells securities by any form of general solicitation or
general advertising.
``(3) Information requirement.--In the case of a transaction
involving the securities of an issuer that is neither subject to
section 13 or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m; 78o(d)), nor exempt from reporting pursuant to section
240.12g3-2(b) of title 17, Code of Federal Regulations, nor a
foreign government (as defined in section 230.405 of title 17, Code
of Federal Regulations) eligible to register securities under
Schedule B, the seller and a prospective purchaser designated by
the seller obtain from the issuer, upon request of the seller, and
the seller in all cases makes available to a prospective purchaser,
the following information (which shall be reasonably current in
relation to the date of resale under this section):
``(A) The exact name of the issuer and the issuer's
predecessor (if any).
``(B) The address of the issuer's principal executive
offices.
``(C) The exact title and class of the security.
``(D) The par or stated value of the security.
``(E) The number of shares or total amount of the
securities outstanding as of the end of the issuer's most
recent fiscal year.
``(F) The name and address of the transfer agent, corporate
secretary, or other person responsible for transferring shares
and stock certificates.
``(G) A statement of the nature of the business of the
issuer and the products and services it offers, which shall be
presumed reasonably current if the statement is as of 12 months
before the transaction date.
``(H) The names of the officers and directors of the
issuer.
``(I) The names of any persons registered as a broker,
dealer, or agent that shall be paid or given, directly or
indirectly, any commission or remuneration for such person's
participation in the offer or sale of the securities.
``(J) The issuer's most recent balance sheet and profit and
loss statement and similar financial statements, which shall--
``(i) be for such part of the 2 preceding fiscal years
as the issuer has been in operation;
``(ii) be prepared in accordance with generally
accepted accounting principles or, in the case of a foreign
private issuer, be prepared in accordance with generally
accepted accounting principles or the International
Financial Reporting Standards issued by the International
Accounting Standards Board;
``(iii) be presumed reasonably current if--
``(I) with respect to the balance sheet, the
balance sheet is as of a date less than 16 months
before the transaction date; and
``(II) with respect to the profit and loss
statement, such statement is for the 12 months
preceding the date of the issuer's balance sheet; and
``(iv) if the balance sheet is not as of a date less
than 6 months before the transaction date, be accompanied
by additional statements of profit and loss for the period
from the date of such balance sheet to a date less than 6
months before the transaction date.
``(K) To the extent that the seller is a control person
with respect to the issuer, a brief statement regarding the
nature of the affiliation, and a statement certified by such
seller that they have no reasonable grounds to believe that the
issuer is in violation of the securities laws or regulations.
``(4) Issuers disqualified.--The transaction is not for the
sale of a security where the seller is an issuer or a subsidiary,
either directly or indirectly, of the issuer.
``(5) Bad actor prohibition.--Neither the seller, nor any
person that has been or will be paid (directly or indirectly)
remuneration or a commission for their participation in the offer
or sale of the securities, including solicitation of purchasers for
the seller is subject to an event that would disqualify an issuer
or other covered person under Rule 506(d)(1) of Regulation D (17
CFR 230.506(d)(1)) or is subject to a statutory disqualification
described under section 3(a)(39) of the Securities Exchange Act of
1934.
``(6) Business requirement.--The issuer is engaged in business,
is not in the organizational stage or in bankruptcy or
receivership, and is not a blank check, blind pool, or shell
company that has no specific business plan or purpose or has
indicated that the issuer's primary business plan is to engage in a
merger or combination of the business with, or an acquisition of,
an unidentified person.
``(7) Underwriter prohibition.--The transaction is not with
respect to a security that constitutes the whole or part of an
unsold allotment to, or a subscription or participation by, a
broker or dealer as an underwriter of the security or a
redistribution.
``(8) Outstanding class requirement.--The transaction is with
respect to a security of a class that has been authorized and
outstanding for at least 90 days prior to the date of the
transaction.
``(e) Additional Requirements.--
``(1) In general.--With respect to an exempted transaction
described under subsection (a)(7):
``(A) Securities acquired in such transaction shall be
deemed to have been acquired in a transaction not involving any
public offering.
``(B) Such transaction shall be deemed not to be a
distribution for purposes of section 2(a)(11).
``(C) Securities involved in such transaction shall be
deemed to be restricted securities within the meaning of Rule
144 (17 CFR 230.144).
``(2) Rule of construction.--The exemption provided by
subsection (a)(7) shall not be the exclusive means for establishing
an exemption from the registration requirements of section 5.''.
(b) Exemption in Connection With Certain Exempt Offerings.--Section
18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is
amended--
(1) by redesignating the second subparagraph (D) and
subparagraph (E) as subparagraphs (E) and (F), respectively;
(2) in subparagraph (E), as so redesignated, by striking ``;
or'' and inserting a semicolon;
(3) in subparagraph (F), as so redesignated, by striking the
period and inserting ``; or''; and
(4) by adding at the end the following new subparagraph:
``(G) section 4(a)(7).''.
TITLE LXXVII--PRESERVATION ENHANCEMENT AND SAVINGS OPPORTUNITY
SEC. 77001. DISTRIBUTIONS AND RESIDUAL RECEIPTS.
Section 222 of the Low-Income Housing Preservation and Resident
Homeownership Act of 1990 (12 U.S.C. 4112) is amended by adding at the
end the following new subsection:
``(e) Distribution and Residual Receipts.--
``(1) Authority.--After the date of the enactment of this
subsection, the owner of a property subject to a plan of action or
use agreement pursuant to this section shall be entitled to
distribute--
``(A) annually, all surplus cash generated by the property,
but only if the owner is in material compliance with such use
agreement including compliance with prevailing physical
condition standards established by the Secretary; and
``(B) notwithstanding any conflicting provision in such use
agreement, any funds accumulated in a residual receipts
account, but only if the owner is in material compliance with
such use agreement and has completed, or set aside sufficient
funds for completion of, any capital repairs identified by the
most recent third party capital needs assessment.
``(2) Operation of property.--An owner that distributes any
amounts pursuant to paragraph (1) shall--
``(A) continue to operate the property in accordance with
the affordability provisions of the use agreement for the
property for the remaining useful life of the property;
``(B) as required by the plan of action for the property,
continue to renew or extend any project-based rental assistance
contract for a term of not less than 20 years; and
``(C) if the owner has an existing multi-year project-based
rental assistance contract for less than 20 years, have the
option to extend the contract to a 20-year term.''.
SEC. 77002. FUTURE REFINANCINGS.
Section 214 of the Low-Income Housing Preservation and Resident
Homeownership Act of 1990 (12 U.S.C. 4104) is amended by adding at the
end the following new subsection:
``(c) Future Financing.--Neither this section, nor any plan of
action or use agreement implementing this section, shall restrict an
owner from obtaining a new loan or refinancing an existing loan secured
by the project, or from distributing the proceeds of such a loan;
except that, in conjunction with such refinancing--
``(1) the owner shall provide for adequate rehabilitation
pursuant to a capital needs assessment to ensure long-term
sustainability of the property satisfactory to the lender or bond
issuance agency;
``(2) any resulting budget-based rent increase shall include
debt service on the new financing, commercially reasonable debt
service coverage, and replacement reserves as required by the
lender; and
``(3) for tenants of dwelling units not covered by a project-
or tenant-based rental subsidy, any rent increases resulting from
the refinancing transaction may not exceed 10 percent per year,
except that--
``(A) any tenant occupying a dwelling unit as of time of
the refinancing may not be required to pay for rent and
utilities, for the duration of such tenancy, an amount that
exceeds the greater of--
``(i) 30 percent of the tenant's income; or
``(ii) the amount paid by the tenant for rent and
utilities immediately before such refinancing; and
``(B) this paragraph shall not apply to any tenant who does
not provide the owner with proof of income.
Paragraph (3) may not be construed to limit any rent increases
resulting from increased operating costs for a project.''.
SEC. 77003. IMPLEMENTATION.
The Secretary of Housing and Urban Development shall issue any
guidance that the Secretary considers necessary to carry out the
provisions added by the amendments made by this title not later than
the expiration of the 120-day period beginning on the date of the
enactment of this Act.
TITLE LXXVIII--TENANT INCOME VERIFICATION RELIEF
SEC. 78001. REVIEWS OF FAMILY INCOMES.
(a) In General.--The second sentence of paragraph (1) of section
3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)(1))
is amended by inserting before the period at the end the following: ``;
except that, in the case of any family with a fixed income, as defined
by the Secretary, after the initial review of the family's income, the
public housing agency or owner shall not be required to conduct a
review of the family's income for any year for which such family
certifies, in accordance with such requirements as the Secretary shall
establish, which shall include policies to adjust for inflation-based
income changes, that 90 percent or more of the income of the family
consists of fixed income, and that the sources of such income have not
changed since the previous year, except that the public housing agency
or owner shall conduct a review of each such family's income not less
than once every 3 years''.
(b) Housing Choice Voucher Program.--Subparagraph (A) of section
8(o)(5) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(5)(A)) is amended by striking ``not less than annually'' and
inserting ``as required by section 3(a)(1) of this Act''.
TITLE LXXIX--HOUSING ASSISTANCE EFFICIENCY
SEC. 79001. AUTHORITY TO ADMINISTER RENTAL ASSISTANCE.
Subsection (g) of section 423 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11383(g)) is amended by inserting ``private
nonprofit organization,'' after ``unit of general local government,''.
SEC. 79002. REALLOCATION OF FUNDS.
Paragraph (1) of section 414(d) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11373(d)(1)) is amended by striking ``twice''
and inserting ``once''.
TITLE LXXX--CHILD SUPPORT ASSISTANCE
SEC. 80001. REQUESTS FOR CONSUMER REPORTS BY STATE OR LOCAL CHILD
SUPPORT ENFORCEMENT AGENCIES.
Paragraph (4) of section 604(a) of the Fair Credit Reporting Act
(15 U.S.C. 1681b(a)(4)) is amended--
(1) in subparagraph (A), by striking ``or determining the
appropriate level of such payments'' and inserting ``, determining
the appropriate level of such payments, or enforcing a child
support order, award, agreement, or judgment'';
(2) in subparagraph (B)--
(A) by striking ``paternity'' and inserting ``parentage'';
and
(B) by adding ``and'' at the end;
(3) by striking subparagraph (C); and
(4) by redesignating subparagraph (D) as subparagraph (C).
TITLE LXXXI--PRIVATE INVESTMENT IN HOUSING
SEC. 81001. BUDGET-NEUTRAL DEMONSTRATION PROGRAM FOR ENERGY AND WATER
CONSERVATION IMPROVEMENTS AT MULTIFAMILY RESIDENTIAL UNITS.
(a) Establishment.--The Secretary of Housing and Urban Development
(in this section referred to as the ``Secretary'') shall establish a
demonstration program under which the Secretary may execute budget-
neutral, performance-based agreements in fiscal years 2016 through 2019
that result in a reduction in energy or water costs with such entities
as the Secretary determines to be appropriate under which the entities
shall carry out projects for energy or water conservation improvements
at not more than 20,000 residential units in multifamily buildings
participating in--
(1) the project-based rental assistance program under section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f), other
than assistance provided under section 8(o) of that Act;
(2) the supportive housing for the elderly program under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or
(3) the supportive housing for persons with disabilities
program under section 811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013(d)(2)).
(b) Requirements.--
(1) Payments contingent on savings.--
(A) In general.--The Secretary shall provide to an entity a
payment under an agreement under this section only during
applicable years for which an energy or water cost savings is
achieved with respect to the applicable multifamily portfolio
of properties, as determined by the Secretary, in accordance
with subparagraph (B).
(B) Payment methodology.--
(i) In general.--Each agreement under this section
shall include a pay-for-success provision that--
(I) shall serve as a payment threshold for the term
of the agreement; and
(II) requires that payments shall be contingent on
realized cost savings associated with reduced utility
consumption in the participating properties.
(ii) Limitations.--A payment made by the Secretary
under an agreement under this section--
(I) shall be contingent on documented utility
savings; and
(II) shall not exceed the utility savings achieved
by the date of the payment, and not previously paid, as
a result of the improvements made under the agreement.
(C) Third-party verification.--Savings payments made by the
Secretary under this section shall be based on a measurement
and verification protocol that includes at least--
(i) establishment of a weather-normalized and
occupancy-normalized utility consumption baseline
established pre-retrofit;
(ii) annual third-party confirmation of actual utility
consumption and cost for utilities;
(iii) annual third-party validation of the tenant
utility allowances in effect during the applicable year and
vacancy rates for each unit type; and
(iv) annual third-party determination of savings to the
Secretary.
An agreement under this section with an entity shall provide
that the entity shall cover costs associated with third-party
verification under this subparagraph.
(2) Terms of performance-based agreements.--A performance-based
agreement under this section shall include--
(A) the period that the agreement will be in effect and
during which payments may be made, which may not be longer than
12 years;
(B) the performance measures that will serve as payment
thresholds during the term of the agreement;
(C) an audit protocol for the properties covered by the
agreement;
(D) a requirement that payments shall be contingent on
realized cost savings associated with reduced utility
consumption in the participating properties; and
(E) such other requirements and terms as determined to be
appropriate by the Secretary.
(3) Entity eligibility.--The Secretary shall--
(A) establish a competitive process for entering into
agreements under this section; and
(B) enter into such agreements only with entities that,
either jointly or individually, demonstrate significant
experience relating to--
(i) financing or operating properties receiving
assistance under a program identified in subsection (a);
(ii) oversight of energy or water conservation
programs, including oversight of contractors; and
(iii) raising capital for energy or water conservation
improvements from charitable organizations or private
investors.
(4) Geographical diversity.--Each agreement entered into under
this section shall provide for the inclusion of properties with the
greatest feasible regional and State variance.
(5) Properties.--A property may only be included in the
demonstration under this section only if the property is subject to
affordability restrictions for at least 15 years after the date of
the completion of any conservation improvements made to the
property under the demonstration program. Such restrictions may be
made through an extended affordability agreement for the property
under a new housing assistance payments contract with the Secretary
of Housing and Urban Development or through an enforceable covenant
with the owner of the property.
(c) Plan and Reports.--
(1) Plan.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall submit to the Committees on
Appropriations and Financial Services of the House of
Representatives and the Committees on Appropriations and Banking,
Housing, and Urban Affairs of the Senate a detailed plan for the
implementation of this section.
(2) Reports.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Secretary shall--
(A) conduct an evaluation of the program under this
section; and
(B) submit to Congress a report describing each evaluation
conducted under subparagraph (A).
(d) Funding.--For each fiscal year during which an agreement under
this section is in effect, the Secretary may use to carry out this
section any funds appropriated to the Secretary for the renewal of
contracts under a program described in subsection (a).
TITLE LXXXII--CAPITAL ACCESS FOR SMALL COMMUNITY FINANCIAL INSTITUTIONS
SEC. 82001. PRIVATELY INSURED CREDIT UNIONS AUTHORIZED TO BECOME
MEMBERS OF A FEDERAL HOME LOAN BANK.
(a) In General.--Section 4(a) of the Federal Home Loan Bank Act (12
U.S.C. 1424(a)) is amended by adding at the end the following new
paragraph:
``(5) Certain privately insured credit unions.--
``(A) In general.--Subject to the requirements of
subparagraph (B), a credit union shall be treated as an insured
depository institution for purposes of determining the
eligibility of such credit union for membership in a Federal
home loan bank under paragraphs (1), (2), and (3).
``(B) Certification by appropriate supervisor.--
``(i) In general.--For purposes of this paragraph and
subject to clause (ii), a credit union which lacks Federal
deposit insurance and which has applied for membership in a
Federal home loan bank may be treated as meeting all the
eligibility requirements for Federal deposit insurance only
if the appropriate supervisor of the State in which the
credit union is chartered has determined that the credit
union meets all the eligibility requirements for Federal
deposit insurance as of the date of the application for
membership.
``(ii) Certification deemed valid.--If, in the case of
any credit union to which clause (i) applies, the
appropriate supervisor of the State in which such credit
union is chartered fails to make a determination pursuant
to such clause by the end of the 6-month period beginning
on the date of the application, the credit union shall be
deemed to have met the requirements of clause (i).
``(C) Security interests of federal home loan bank not
avoidable.--Notwithstanding any provision of State law
authorizing a conservator or liquidating agent of a credit
union to repudiate contracts, no such provision shall apply
with respect to--
``(i) any extension of credit from any Federal home
loan bank to any credit union which is a member of any such
bank pursuant to this paragraph; or
``(ii) any security interest in the assets of such
credit union securing any such extension of credit.
``(D) Protection for certain federal home loan bank
advances.--Notwithstanding any State law to the contrary, if a
Bank makes an advance under section 10 to a State-chartered
credit union that is not federally insured--
``(i) the Bank's interest in any collateral securing
such advance has the same priority and is afforded the same
standing and rights that the security interest would have
had if the advance had been made to a federally insured
credit union; and
``(ii) the Bank has the same right to access such
collateral that the Bank would have had if the advance had
been made to a federally insured credit union.''.
(b) Copies of Audits of Private Insurers of Certain Depository
Institutions Required To Be Provided to Supervisory Agencies.--Section
43(a)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C.
1831t(a)(2)(A)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by inserting at the end the following new clause:
``(iii) in the case of depository institutions
described in subsection (e)(2)(A) the deposits of which are
insured by the private insurer which are members of a
Federal home loan bank, to the Federal Housing Finance
Agency, not later than 7 days after the audit is
completed.''.
SEC. 82002. GAO REPORT.
Not later than 18 months after the date of enactment of this Act,
the Comptroller General of the United States shall conduct a study and
submit a report to Congress--
(1) on the adequacy of insurance reserves held by a private
deposit insurer that insures deposits in an entity described in
section 43(e)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C.
1831t(e)(2)(A)); and
(2) for an entity described in paragraph (1) the deposits of
which are insured by a private deposit insurer, information on the
level of compliance with Federal regulations relating to the
disclosure of a lack of Federal deposit insurance.
TITLE LXXXIII--SMALL BANK EXAM CYCLE REFORM
SEC. 83001. SMALLER INSTITUTIONS QUALIFYING FOR 18-MONTH EXAMINATION
CYCLE.
Section 10(d) of the Federal Deposit Insurance Act (12 U.S.C.
1820(d)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by striking ``$500,000,000'' and
inserting ``$1,000,000,000''; and
(B) in subparagraph (C)(ii), by striking ``$100,000,000''
and inserting ``$200,000,000''; and
(2) in paragraph (10)--
(A) by striking ``$100,000,000'' and inserting
``$200,000,000''; and
(B) by striking ``$500,000,000'' and inserting
``$1,000,000,000''.
TITLE LXXXIV--SMALL COMPANY SIMPLE REGISTRATION
SEC. 84001. FORWARD INCORPORATION BY REFERENCE FOR FORM S-1.
Not later than 45 days after the date of the enactment of this Act,
the Securities and Exchange Commission shall revise Form S-1 so as to
permit a smaller reporting company (as defined in section 230.405 of
title 17, Code of Federal Regulations) to incorporate by reference in a
registration statement filed on such form any documents that such
company files with the Commission after the effective date of such
registration statement.
TITLE LXXXV--HOLDING COMPANY REGISTRATION THRESHOLD EQUALIZATION
SEC. 85001. REGISTRATION THRESHOLD FOR SAVINGS AND LOAN HOLDING
COMPANIES.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended--
(1) in section 12(g)--
(A) in paragraph (1)(B), by inserting after ``is a bank''
the following: ``, a savings and loan holding company (as
defined in section 10 of the Home Owners' Loan Act),''; and
(B) in paragraph (4), by inserting after ``case of a bank''
the following: ``, a savings and loan holding company (as
defined in section 10 of the Home Owners' Loan Act),''; and
(2) in section 15(d), by striking ``case of bank'' and
inserting the following: ``case of a bank, a savings and loan
holding company (as defined in section 10 of the Home Owners' Loan
Act),''.
TITLE LXXXVI--REPEAL OF INDEMNIFICATION REQUIREMENTS
SEC. 86001. REPEAL.
(a) Derivatives Clearing Organizations.--Section 5b(k)(5) of the
Commodity Exchange Act (7 U.S.C. 7a-1(k)(5)) is amended to read as
follows:
``(5) Confidentiality agreement.--Before the Commission may
share information with any entity described in paragraph (4), the
Commission shall receive a written agreement from each entity
stating that the entity shall abide by the confidentiality
requirements described in section 8 relating to the information on
swap transactions that is provided.''.
(b) Swap Data Repositories.--Section 21 of the Commodity Exchange
Act (7 U.S.C. 24a(d)) is amended--
(1) in subsection (c)(7)--
(A) in the matter preceding subparagraph (A), by striking
``all'' and inserting ``swap''; and
(B) in subparagraph (E)--
(i) in clause (ii), by striking ``and'' at the end; and
(ii) by adding at the end the following:
``(iv) other foreign authorities; and''; and
(2) by striking subsection (d) and inserting the following:
``(d) Confidentiality Agreement.--Before the swap data repository
may share information with any entity described in subsection (c)(7),
the swap data repository shall receive a written agreement from each
entity stating that the entity shall abide by the confidentiality
requirements described in section 8 relating to the information on swap
transactions that is provided.''.
(c) Security-based Swap Data Repositories.--Section 13(n)(5) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(n)(5)) is amended--
(1) in subparagraph (G)--
(A) in the matter preceding clause (i), by striking ``all''
and inserting ``security-based swap''; and
(B) in clause (v)--
(i) in subclause (II), by striking ``; and'' and
inserting a semicolon;
(ii) in subclause (III), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(IV) other foreign authorities.''; and
(2) by striking subparagraph (H) and inserting the following:
``(H) Confidentiality agreement.--Before the security-based
swap data repository may share information with any entity
described in subparagraph (G), the security-based swap data
repository shall receive a written agreement from each entity
stating that the entity shall abide by the confidentiality
requirements described in section 24 relating to the
information on security-based swap transactions that is
provided.''.
(d) Effective Date.--The amendments made by this section shall take
effect as if enacted as part of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Public Law 111-203).
TITLE LXXXVII--TREATMENT OF DEBT OR EQUITY INSTRUMENTS OF SMALLER
INSTITUTIONS
SEC. 87001. DATE FOR DETERMINING CONSOLIDATED ASSETS.
Section 171(b)(4)(C) of the Financial Stability Act of 2010 (12
U.S.C. 5371(b)(4)(C)) is amended by inserting ``or March 31, 2010,''
after ``December 31, 2009,''.
TITLE LXXXVIII--STATE LICENSING EFFICIENCY
SEC. 88001. SHORT TITLE.
This title may be cited as the ``State Licensing Efficiency Act of
2015''.
SEC. 88002. BACKGROUND CHECKS.
Section 1511(a) of the S.A.F.E. Mortgage Licensing Act of 2008 (12
U.S.C. 5110(a)) is amended--
(1) by inserting ``and other financial service providers''
after ``State-licensed loan originators''; and
(2) by inserting ``or other financial service providers''
before the period at the end.
TITLE LXXXIX--HELPING EXPAND LENDING PRACTICES IN RURAL COMMUNITIES
SEC. 89001. SHORT TITLE.
This title may be cited as the ``Helping Expand Lending Practices
in Rural Communities Act of 2015'' or the ``HELP Rural Communities Act
of 2015''.
SEC. 89002. DESIGNATION OF RURAL AREA.
(a) Application.--Not later than 90 days after the date of the
enactment of this Act, the Bureau of Consumer Financial Protection
shall establish an application process under which a person who lives
or does business in a State may, with respect to an area identified by
the person in such State that has not been designated by the Bureau as
a rural area for purposes of a Federal consumer financial law (as
defined under section 1002 of the Consumer Financial Protection Act of
2010), apply for such area to be so designated.
(b) Evaluation Criteria.--When evaluating an application submitted
under subsection (a), the Bureau shall take into consideration the
following factors:
(1) Criteria used by the Director of the Bureau of the Census
for classifying geographical areas as rural or urban.
(2) Criteria used by the Director of the Office of Management
and Budget to designate counties as metropolitan or micropolitan or
neither.
(3) Criteria used by the Secretary of Agriculture to determine
property eligibility for rural development programs.
(4) The Department of Agriculture rural-urban commuting area
codes.
(5) A written opinion provided by the State's bank supervisor,
as defined under section 3(r) of the Federal Deposit Insurance Act
(12 U.S.C. 1813(r)).
(6) Population density.
(c) Rule of Construction.--If, at any time prior to the submission
of an application under subsection (a), the area subject to review has
been designated as nonrural by any Federal agency described under
subsection (b) using any of the criteria described under subsection
(b), the Bureau shall not be required to consider such designation in
its evaluation.
(d) Public Comment Period.--
(1) In general.--Not later than 60 days after receiving an
application submitted under subsection (a), the Bureau shall--
(A) publish such application in the Federal Register; and
(B) make such application available for public comment for
not fewer than 90 days.
(2) Limitation on additional applications.--Nothing in this
section shall be construed to require the Bureau, during the public
comment period with respect to an application submitted under
subsection (a), to accept an additional application with respect to
the area that is the subject of the initial application.
(e) Decision on Designation.--Not later than 90 days after the end
of the public comment period under subsection (d)(1) for an
application, the Bureau shall--
(1) grant or deny such application, in whole or in part; and
(2) publish such grant or denial in the Federal Register, along
with an explanation of what factors the Bureau relied on in making
such determination.
(f) Subsequent Applications.--A decision by the Bureau under
subsection (e) to deny an application for an area to be designated as a
rural area shall not preclude the Bureau from accepting a subsequent
application submitted under subsection (a) for such area to be so
designated, so long as such subsequent application is made after the
end of the 90-day period beginning on the date that the Bureau denies
the application under subsection (e).
(g) Sunset.--This section shall cease to have any force or effect
after the end of the 2-year period beginning on the date of the
enactment of this Act.
SEC. 89003. OPERATIONS IN RURAL AREAS.
The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended--
(1) in section 129C(b)(2)(E)(iv)(I), by striking
``predominantly''; and
(2) in section 129D(c)(1), by striking ``predominantly''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.