[Congressional Record Volume 161, Number 117 (Friday, July 24, 2015)]
[Senate]
[Pages S5566-S5681]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HIRE MORE HEROES ACT OF 2015
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
A bill (H.R. 22) to amend the Internal Revenue Code of 1986
to exempt employees with health coverage under TRICARE or the
Veterans Administration from being taken into account for
purposes of determining the employers to which the employer
mandate applies under the Patient Protection and Affordable
Care Act.
Recognition of the Majority leader
The PRESIDING OFFICER. The majority leader is recognized.
Amendment No. 2266, as Modified
Mr. McCONNELL. Madam President, I call up amendment No. 2266, as
modified with the changes at the desk.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 2266, as modified.
Mr. McCONNELL. I ask unanimous consent that the reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment, as modified, is as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Developing a Reliable and
Innovative Vision for the Economy Act'' or the ``DRIVE Act''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into 8 divisions as
follows:
(1) Division A-Federal-aid Highways and Highway Safety
Construction Programs.
(2) Division B-Public Transportation.
(3) Division C-Comprehensive Transportation and Consumer
Protection Act of 2015.
(4) Division D-Freight and Major Projects.
(5) Division E-Finance.
(6) Division F-Miscellaneous.
(7) Division G-Surface Transportation Extension.
(8) Division H-Budgetary Effects.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Definitions.
Sec. 4. Effective date.
DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION
PROGRAMS
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 11001. Authorization of appropriations.
Sec. 11002. Obligation ceiling.
Sec. 11003. Apportionment.
Sec. 11004. Surface transportation program.
Sec. 11005. Metropolitan transportation planning.
Sec. 11006. Statewide and nonmetropolitan transportation planning.
Sec. 11007. Highway use tax evasion projects.
Sec. 11008. Bundling of bridge projects.
Sec. 11009. Flexibility for certain rural road and bridge projects.
Sec. 11010. Construction of ferry boats and ferry terminal facilities.
Sec. 11011. Highway safety improvement program.
Sec. 11012. Data collection on unpaved public roads.
Sec. 11013. Congestion mitigation and air quality improvement program.
Sec. 11014. Transportation alternatives.
Sec. 11015. Consolidation of programs.
Sec. 11016. State flexibility for National Highway System
modifications.
Sec. 11017. Toll roads, bridges, tunnels, and ferries.
Sec. 11018. HOV facilities.
Sec. 11019. Interstate system reconstruction and rehabilitation pilot
program.
Sec. 11020. Emergency relief for federally owned roads.
Sec. 11021. Bridges requiring closure or load restrictions.
Sec. 11022. National electric vehicle charging and natural gas fueling
corridors.
Sec. 11023. Asset management.
Sec. 11024. Tribal transportation program amendment.
Sec. 11025. Nationally significant Federal lands and Tribal projects
program.
Sec. 11026. Federal lands programmatic activities.
Sec. 11027. Federal lands transportation program.
Sec. 11028. Innovative project delivery.
Sec. 11029. Obligation and release of funds.
Subtitle B--Acceleration of Project Delivery
Sec. 11101. Categorical exclusion for projects of limited Federal
assistance.
Sec. 11102. Programmatic agreement template.
Sec. 11103. Agency coordination.
Sec. 11104. Initiation of environmental review process.
Sec. 11105. Improving collaboration for accelerated decision making.
Sec. 11106. Accelerated decisionmaking in environmental reviews.
Sec. 11107. Improving transparency in environmental reviews.
Sec. 11108. Integration of planning and environmental review.
Sec. 11109. Use of programmatic mitigation plans.
Sec. 11110. Adoption of Departmental environmental documents.
Sec. 11111. Technical assistance for States.
Sec. 11112. Surface transportation project delivery program.
Sec. 11113. Categorical exclusions for multimodal projects.
Sec. 11114. Modernization of the environmental review process.
Sec. 11115. Service club, charitable association, or religious service
signs.
Sec. 11116. Satisfaction of requirements for certain historic sites.
Sec. 11117. Bridge exemption from consideration under certain
provisions.
Sec. 11118. Elimination of barriers to improve at-risk bridges.
Sec. 11119. At-risk project preagreement authority.
Subtitle C--Miscellaneous
Sec. 11201. Credits for untaxed transportation fuels.
Sec. 11202. Justification reports for access points on the Interstate
System.
Sec. 11203. Exemptions.
Sec. 11204. High priority corridors on the National Highway System.
Sec. 11205. Repeat intoxicated driver law.
Sec. 11206. Vehicle-to-infrastructure equipment.
Sec. 11207. Relinquishment.
Sec. 11208. Transfer and sale of toll credits.
Sec. 11209. Regional infrastructure accelerator demonstration program.
TITLE II--TRANSPORTATION INNOVATION
Subtitle A--Research
Sec. 12001. Research, technology, and education.
Sec. 12002. Intelligent transportation systems.
Sec. 12003. Future interstate study.
Sec. 12004. Researching surface transportation system funding
alternatives.
Subtitle B--Data
Sec. 12101. Tribal data collection.
Sec. 12102. Performance management data support program.
Subtitle C--Transparency and Best Practices
Sec. 12201. Every Day Counts initiative.
Sec. 12202. Department of Transportation performance measures.
Sec. 12203. Grant program for achievement in transportation for
performance and innovation.
Sec. 12204. Highway trust fund transparency and accountability.
Sec. 12205. Report on highway trust fund administrative expenditures.
Sec. 12206. Availability of reports.
Sec. 12207. Performance period adjustment.
Sec. 12208. Design standards.
TITLE III--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF
1998 AMENDMENTS
Sec. 13001. Transportation Infrastructure Finance and Innovation Act of
1998 amendments.
TITLE IV--TECHNICAL CORRECTIONS
Sec. 14001. Technical corrections.
TITLE V--MISCELLANEOUS
Sec. 15001. Appalachian development highway system.
Sec. 15002. Appalachian regional development program.
Sec. 15003. Water infrastructure finance and innovation.
Sec. 15004. Administrative provisions to encourage pollinator habitat
and forage on transportation rights-of-way.
Sec. 15005. Study on performance of bridges.
Sec. 15006. Sport fish restoration and recreational boating safety.
DIVISION B--PUBLIC TRANSPORTATION
TITLE XXI--FEDERAL PUBLIC TRANSPORTATION ACT
Sec. 21001. Short title.
Sec. 21002. Definitions.
Sec. 21003. Metropolitan transportation planning.
Sec. 21004. Statewide and nonmetropolitan transportation planning.
Sec. 21005. Urbanized area formula grants.
Sec. 21006. Fixed guideway capital investment grants.
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Sec. 21007. Mobility of seniors and individuals with disabilities.
Sec. 21008. Formula grants for rural areas.
Sec. 21009. Research, development, demonstration, and deployment
program.
Sec. 21010. Private sector participation.
Sec. 21011. Innovative procurement.
Sec. 21012. Human resources and training.
Sec. 21013. General provisions.
Sec. 21014. Project management oversight.
Sec. 21015. Public transportation safety program.
Sec. 21016. State of good repair grants.
Sec. 21017. Authorizations.
Sec. 21018. Grants for bus and bus facilities.
Sec. 21019. Salary of Federal Transit Administrator.
Sec. 21020. Technical and conforming amendments.
DIVISION C--COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF
2015
Sec. 31001. Short title.
Sec. 31002. References to title 49, United States Code.
Sec. 31003. Effective date.
TITLE XXXI--OFFICE OF THE SECRETARY
Subtitle A--Accelerating Project Delivery
Sec. 31101. Delegation of authority.
Sec. 31102. Infrastructure Permitting Improvement Center.
Sec. 31103. Accelerated decision-making in environmental reviews.
Sec. 31104. Environmental review alignment and reform.
Sec. 31105. Multimodal categorical exclusions.
Sec. 31106. Improving transparency in environmental reviews.
Sec. 31107. Local transportation infrastructure program.
Subtitle B--Research
Sec. 31201. Findings.
Sec. 31202. Modal research plans.
Sec. 31203. Consolidated research prospectus and strategic plan.
Sec. 31204. Research Ombudsman.
Sec. 31205. Smart cities transportation planning study.
Sec. 31206. Bureau of Transportation Statistics independence.
Sec. 31207. Conforming amendments.
Sec. 31208. Repeal of obsolete office.
Subtitle C--Port Performance Act
Sec. 31301. Short title.
Sec. 31302. Findings.
Sec. 31303. Port performance freight statistics program.
TITLE XXXII--COMMERCIAL MOTOR VEHICLE AND DRIVER PROGRAMS
Subtitle A--Compliance, Safety, and Accountability Reform
Sec. 32001. Correlation study.
Sec. 32002. Safety improvement metrics.
Sec. 32003. Data certification.
Sec. 32004. Data improvement.
Sec. 32005. Accident report information.
Sec. 32006. Post-accident report review.
Sec. 32007. Recognizing excellence in safety.
Sec. 32008. High risk carrier reviews.
Subtitle B--Transparency and Accountability
Sec. 32201. Petitions for regulatory relief.
Sec. 32202. Inspector standards.
Sec. 32203. Technology improvements.
Subtitle C--Trucking Rules Updated by Comprehensive and Key Safety
Reform
Sec. 32301. Update on statutory requirements.
Sec. 32302. Statutory rulemaking.
Sec. 32303. Guidance reform.
Sec. 32304. Petitions.
Sec. 32305. Regulatory reform.
Subtitle D--State Authorities
Sec. 32401. Emergency route working group.
Sec. 32402. Additional State authority.
Sec. 32403. Commercial driver access.
Subtitle E--Motor Carrier Safety Grant Consolidation
Sec. 32501. Definitions.
Sec. 32502. Grants to States.
Sec. 32503. New entrant safety review program study.
Sec. 32504. Performance and registration information systems
management.
Sec. 32505. Authorization of appropriations.
Sec. 32506. Commercial driver's license program implementation.
Sec. 32507. Extension of Federal motor carrier safety programs for
fiscal year 2016.
Sec. 32508. Motor carrier safety assistance program allocation.
Sec. 32509. Maintenance of effort calculation.
Subtitle F--Miscellaneous Provisions
Sec. 32601. Windshield technology.
Sec. 32602. Electronic logging devices requirements.
Sec. 32603. Lapse of required financial security; suspension of
registration.
Sec. 32604. Access to National Driver Register.
Sec. 32605. Study on commercial motor vehicle driver commuting.
Sec. 32606. Household goods consumer protection working group.
Sec. 32607. Interstate van operations.
Sec. 32608. Report on design and implementation of wireless roadside
inspection systems.
Sec. 32609. Motorcoach hours of service study.
Sec. 32610. GAO Review of school bus safety.
Sec. 32611. Use of hair testing for preemployment and random controlled
substances tests.
TITLE XXXIII--HAZARDOUS MATERIALS
Sec. 33101. Endorsements.
Sec. 33102. Enhanced reporting.
Sec. 33103. Hazardous material information.
Sec. 33104. National emergency and disaster response.
Sec. 33105. Authorization of appropriations.
TITLE XXXIV--HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A--Highway Traffic Safety
PART I--Highway Safety
Sec. 34101. Authorization of appropriations.
Sec. 34102. Highway safety programs.
Sec. 34103. Grants for alcohol-ignition interlock laws and 24-7
sobriety programs.
Sec. 34104. Repeat offender criteria.
Sec. 34105. Study on the national roadside survey of alcohol and drug
use by drivers.
Sec. 34106. Increasing public awareness of the dangers of drug-impaired
driving.
Sec. 34107. Improvement of data collection on child occupants in
vehicle crashes.
PART II--Stop Motorcycle Checkpoint Funding Act
Sec. 34121. Short title.
Sec. 34122. Grant restriction.
PART III--Improving Driver Safety Act of 2015
Sec. 34131. Short title.
Sec. 34132. Distracted driving incentive grants.
Sec. 34133. Barriers to data collection report.
Sec. 34134. Minimum requirements for State graduated driver licensing
incentive grant program.
PART IV--Technical and Conforming Amendments
Sec. 34141. Technical corrections to the Motor Vehicle and Highway
Safety Improvement Act of 2012.
Subtitle B--Vehicle Safety
Sec. 34201. Authorization of appropriations.
Sec. 34202. Inspector General recommendations.
Sec. 34203. Improvements in availability of recall information.
Sec. 34204. Recall process.
Sec. 34205. Pilot grant program for State notification to consumers of
motor vehicle recall status.
Sec. 34206. Recall obligations under bankruptcy.
Sec. 34207. Dealer requirement to check for open recall.
Sec. 34208. Extension of time period for remedy of tire defects.
Sec. 34209. Rental car safety.
Sec. 34210. Increase in civil penalties for violations of motor vehicle
safety.
Sec. 34211. Electronic odometer disclosures.
Sec. 34212. Corporate responsibility for NHTSA reports.
Sec. 34213. Direct vehicle notification of recalls.
Sec. 34214. Unattended children warning.
Sec. 34215. Tire pressure monitoring system.
Subtitle C--Research and Development and Vehicle Electronics
Sec. 34301. Report on operations of the Council for Vehicle
Electronics, Vehicle Software, and Emerging Technologies.
Sec. 34302. Cooperation with foreign governments.
Subtitle D--Miscellaneous Provisions
PART I--Driver Privacy Act of 2015
Sec. 34401. Short title.
Sec. 34402. Limitations on data retrieval from vehicle event data
recorders.
Sec. 34403. Vehicle event data recorder study.
PART II--Safety Through Informed Consumers Act of 2015
Sec. 34421. Short title.
Sec. 34422. Passenger motor vehicle information.
PART III--Tire Efficiency, Safety, and Registration Act of 2015
Sec. 34431. Short title.
Sec. 34432. Tire fuel efficiency minimum performance standards.
Sec. 34433. Tire registration by independent sellers.
Sec. 34434. Tire recall database.
TITLE XXXV--RAILROAD REFORM, ENHANCEMENT, AND EFFICIENCY
Sec. 35001. Short title.
Sec. 35002. Passenger transportation; definitions.
Subtitle A--Authorization of Appropriations
Sec. 35101. Authorization of grants to Amtrak.
Sec. 35102. National infrastructure and safety investments.
Sec. 35103. Authorization of appropriations for National Transportation
Safety Board rail investigations.
Sec. 35104. Authorization of appropriations for Amtrak Office of
Inspector General.
Sec. 35105. National cooperative rail research program.
Subtitle B--Amtrak Reform
Sec. 35201. Amtrak grant process.
Sec. 35202. 5-year business line and assets plans.
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Sec. 35203. State-supported route committee.
Sec. 35204. Route and service planning decisions.
Sec. 35205. Competition.
Sec. 35206. Rolling stock purchases.
Sec. 35207. Food and beverage policy.
Sec. 35208. Local products and promotional events.
Sec. 35209. Right-of-way leveraging.
Sec. 35210. Station development.
Sec. 35211. Amtrak debt.
Sec. 35212. Amtrak pilot program for passengers transporting
domesticated cats and dogs.
Sec. 35213. Amtrak board of directors.
Sec. 35214. Amtrak boarding procedures.
Subtitle C--Intercity Passenger Rail Policy
Sec. 35301. Competitive operating grants.
Sec. 35302. Federal-State partnership for state of good repair.
Sec. 35303. Large capital project requirements.
Sec. 35304. Small business participation study.
Sec. 35305. Gulf coast rail service working group.
Sec. 35306. Integrated passenger rail working group.
Sec. 35307. Shared-use study.
Sec. 35308. Northeast Corridor Commission.
Sec. 35309. Northeast Corridor through-ticketing and procurement
efficiencies.
Sec. 35310. Data and analysis.
Sec. 35311. Performance-based proposals.
Sec. 35312. Amtrak Inspector General.
Sec. 35313. Miscellaneous provisions.
Subtitle D--Rail Safety
PART I--Safety Improvement
Sec. 35401. Highway-rail grade crossing safety.
Sec. 35402. Speed limit action plans.
Sec. 35403. Signage.
Sec. 35404. Alerters.
Sec. 35405. Signal protection.
Sec. 35406. Technology implementation plans.
Sec. 35407. Commuter rail track inspections.
Sec. 35408. Emergency response.
Sec. 35409. Private highway-rail grade crossings.
Sec. 35410. Repair and replacement of damaged track inspection
equipment.
Sec. 35411. Rail police officers.
Sec. 35412. Operation deep dive; report.
Sec. 35413. Post-accident assessment.
Sec. 35414. Technical and conforming amendments.
Sec. 35415. GAO study on use of locomotive horns at highway-rail grade
crossings.
Sec. 35416. Bridge inspection reports.
PART II--Consolidated Rail Infrastructure and Safety Improvements
Sec. 35421. Consolidated rail infrastructure and safety improvements.
PART III--Hazardous Materials by Rail Safety and Other Safety
Enhancements
Sec. 35431. Real-time emergency response information.
Sec. 35432. Thermal blankets.
Sec. 35433. Comprehensive oil spill response plans.
Sec. 35434. Hazardous materials by rail liability study.
Sec. 35435. Study and testing of electronically-controlled pneumatic
brakes.
Sec. 35436. Recording devices.
Sec. 35437. Rail passenger transportation liability.
Sec. 35438. Modification reporting.
Sec. 35439. Report on crude oil characteristics research study.
PART IV--Positive Train Control
Sec. 35441. Coordination of spectrum.
Sec. 35442. Updated plans.
Sec. 35443. Early adoption and interoperability.
Sec. 35444. Positive train control at grade crossings effectiveness
study.
Subtitle E--Project Delivery
Sec. 35501. Short title.
Sec. 35502. Preservation of public lands.
Sec. 35503. Efficient environmental reviews.
Sec. 35504. Advance acquisition.
Sec. 35505. Railroad rights-of-way.
Sec. 35506. Savings clause.
Sec. 35507. Transition.
Subtitle F--Financing
Sec. 35601. Short title; references.
Sec. 35602. Definitions.
Sec. 35603. Eligible applicants.
Sec. 35604. Eligible purposes.
Sec. 35605. Program administration.
Sec. 35606. Loan terms and repayment.
Sec. 35607. Credit risk premiums.
Sec. 35608. Master credit agreements.
Sec. 35609. Priorities and conditions.
Sec. 35610. Savings provision.
DIVISION D--FREIGHT AND MAJOR PROJECTS
TITLE XLI--FREIGHT POLICY
Sec. 41001. Establishment of freight chapter.
Sec. 41002. National multimodal freight policy.
Sec. 41003. National multimodal freight network.
TITLE XLII--PLANNING
Sec. 42001. National freight strategic plan.
Sec. 42002. State freight advisory committees.
Sec. 42003. State freight plans.
Sec. 42004. Freight data and tools.
Sec. 42005. Savings provision.
TITLE XLIII--FORMULA FREIGHT PROGRAM
Sec. 43001. National highway freight program.
TITLE XLIV--GRANTS
Sec. 44001. Purpose; definitions; administration.
Sec. 44002. Grants.
DIVISION E--FINANCE
Sec. 50001. Short title.
TITLE LI--HIGHWAY TRUST FUND AND RELATED TAXES
Subtitle A--Extension of Trust Fund Expenditure Authority and Related
Taxes
Sec. 51101. Extension of trust fund expenditure authority.
Sec. 51102. Extension of highway-related taxes.
Subtitle B--Additional Transfers to Highway Trust Fund
Sec. 51201. Further additional transfers to trust fund.
Sec. 51202. Transfer to Highway Trust Fund of certain motor vehicle
safety penalties.
Sec. 51203. Appropriation from Leaking Underground Storage Tank Trust
Fund.
TITLE LII--OFFSETS
Subtitle A--Tax Provisions
Sec. 52101. Consistent basis reporting between estate and person
acquiring property from decedent.
Sec. 52102. Revocation or denial of passport in case of certain unpaid
taxes.
Sec. 52103. Clarification of 6-year statute of limitations in case of
overstatement of basis.
Sec. 52104. Additional information on returns relating to mortgage
interest.
Sec. 52105. Return due date modifications.
Sec. 52106. Reform of rules relating to qualified tax collection
contracts.
Sec. 52107. Special compliance personnel program.
Sec. 52108. Transfers of excess pension assets to retiree health
accounts.
Subtitle B--Fees and Receipts
Sec. 52201. Extension of deposits of security service fees in the
general fund.
Sec. 52202. Adjustment for inflation of fees for certain customs
services.
Sec. 52203. Dividends and surplus funds of Reserve banks.
Sec. 52204. Strategic Petroleum Reserve drawdown and sale.
Sec. 52205. Extension of enterprise guarantee fee.
Subtitle C--Outlays
Sec. 52301. Interest on overpayment.
DIVISION F--MISCELLANEOUS
TITLE LXI--FEDERAL PERMITTING IMPROVEMENT
Sec. 61001. Definitions.
Sec. 61002. Federal Permitting Improvement Council.
Sec. 61003. Permitting process improvement.
Sec. 61004. Interstate compacts.
Sec. 61005. Coordination of required reviews.
Sec. 61006. Delegated State permitting programs.
Sec. 61007. Litigation, judicial review, and savings provision.
Sec. 61008. Report to Congress.
Sec. 61009. Funding for governance, oversight, and processing of
environmental reviews and permits.
Sec. 61010. Application.
Sec. 61011. GAO Report.
TITLE LXII--ADDITIONAL PROVISIONS
Sec. 62001. Hire More Heroes.
DIVISION G--SURFACE TRANSPORTATION EXTENSION
Sec. 70001. Short title.
TITLE LXXI--EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS
Sec. 71001. Extension of Federal-aid highway programs.
Sec. 71002. Administrative expenses.
TITLE LXXII--TEMPORARY EXTENSION OF PUBLIC TRANSPORTATION PROGRAMS
Sec. 72001. Formula grants for rural areas.
Sec. 72002. Apportionment of appropriations for formula grants.
Sec. 72003. Authorizations for public transportation.
Sec. 72004. Bus and bus facilities formula grants.
TITLE LXXIII--EXTENSION OF HIGHWAY SAFETY PROGRAMS
Subtitle A--Extension of Highway Safety Programs
Sec. 73101. Extension of National Highway Traffic Safety Administration
highway safety programs.
Sec. 73102. Extension of Federal Motor Carrier Safety Administration
programs.
Sec. 73103. Dingell-Johnson Sport Fish Restoration Act.
Subtitle B--Hazardous Materials
Sec. 73201. Authorization of appropriations.
TITLE LXXIV--REVENUE PROVISIONS
Sec. 74001. Extension of trust fund expenditure authority.
DIVISION H--BUDGETARY EFFECTS
Sec. 80001. Budgetary effects.
Sec. 80002. Maintenance of highway trust fund cash balance.
Sec. 80003. Prohibition on rescissions of certain contract authority.
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SEC. 3. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 4. EFFECTIVE DATE.
Except as otherwise provided, divisions A, B, C, and D,
including the amendments made by those divisions, take effect
on October 1, 2015.
DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION
PROGRAMS
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 11001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) Federal-aid highway program.--For the national highway
performance program under section 119 of title 23, United
States Code, the surface transportation program under section
133 of that title, the highway safety improvement program
under section 148 of that title, the congestion mitigation
and air quality improvement program under section 149 of that
title, the national freight program under section 167 of that
title, the transportation alternatives program under section
213 of that title, and to carry out section 134 of that
title--
(A) $39,579,500,000 for fiscal year 2016;
(B) $40,771,300,000 for fiscal year 2017;
(C) $42,127,100,000 for fiscal year 2018;
(D) $43,476,400,000 for fiscal year 2019;
(E) $44,570,700,000 for fiscal year 2020; and
(F) $45,691,900,000 for fiscal year 2021.
(2) Transportation infrastructure finance and innovation
program.--For credit assistance under the transportation
infrastructure finance and innovation program under chapter 6
of title 23, United States Code, $300,000,000 for each of
fiscal years 2016 through 2021.
(3) Federal lands and tribal transportation programs.--
(A) Tribal transportation program.--For the tribal
transportation program under section 202 of title 23, United
States Code--
(i) $460,000,000 for fiscal year 2016;
(ii) $470,000,000 for fiscal year 2017;
(iii) $480,000,000 for fiscal year 2018;
(iv) $490,000,000 for fiscal year 2019;
(v) $500,000,000 for fiscal year 2020; and
(vi) $510,000,000 for fiscal year 2021.
(B) Federal lands transportation program.--
(i) Authorization.--For the Federal lands transportation
program under section 203 of title 23, United States Code--
(I) $305,000,000 for fiscal year 2016;
(II) $310,000,000 for fiscal year 2017;
(III) $315,000,000 for fiscal year 2018;
(IV) $320,000,000 for fiscal year 2019;
(V) $325,000,000 for fiscal year 2020; and
(VI) $330,000,000 for fiscal year 2021.
(ii) Special rule.--
(I) $240,000,000 of the amount made available for each
fiscal year shall be the amount for the National Park
Service; and
(II) $30,000,000 of the amount made available for each
fiscal year shall be the amount for the United States Fish
and Wildlife Service.
(C) Federal lands access program.--For the Federal lands
access program under section 204 of title 23, United States
Code--
(i) $255,000,000 for fiscal year 2016;
(ii) $260,000,000 for fiscal year 2017;
(iii) $265,000,000 for fiscal year 2018;
(iv) $270,000,000 for fiscal year 2019;
(v) $275,000,000 for fiscal year 2020; and
(vi) $280,000,000 for fiscal year 2021.
(4) Territorial and puerto rico highway program.--For the
territorial and Puerto Rico highway program under section 165
of title 23, United States Code, $190,000,000 for each of
fiscal years 2016 through 2021.
(5) Assistance for major projects program.--For the
assistance for major projects program under section 171 of
title 23, United States Code--
(A) $250,000,000 for fiscal year 2016;
(B) $300,000,000 for fiscal year 2017;
(C) $350,000,000 for fiscal year 2018;
(D) $400,000,000 for fiscal year 2019;
(E) $400,000,000 for fiscal year 2020; and
(F) $400,000,000 for fiscal year 2021.
(b) Research, Technology, and Education Authorizations.--
(1) In general.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(A) Highway research and development program.--To carry out
the highway research and development program under section
503(b) of title 23, United States Code, $130,000,000 for each
of fiscal years 2016 through 2021.
(B) Technology and innovation deployment program.--To carry
out the technology and innovation deployment program under
section 503(c) of title 23, United States Code, $62,500,000
for each of fiscal years 2016 through 2021.
(C) Training and education.--To carry out training and
education under section 504 of title 23, United States Code,
$24,000,000 for each of fiscal years 2016 through 2021.
(D) Intelligent transportation systems program.--To carry
out the intelligent transportation systems program under
sections 512 through 518 of title 23, United States Code,
$100,000,000 for each of fiscal years 2016 through 2021.
(E) University transportation centers program.--To carry
out the university transportation centers program under
section 5505 of title 49, United States Code, $72,500,000 for
each of fiscal years 2016 through 2021.
(2) Bureau of transportation statistics.--There are
authorized to be appropriated out of the general fund of the
Treasury to carry out chapter 63 of title 49, United States
Code, $26,000,000 for each of fiscal years 2016 through 2021.
(3) Administration.--The Federal Highway Administration
shall administer the programs described in subparagraphs (D)
and (E) of paragraph (1).
(4) Applicability of title 23, united states code.--Funds
authorized to be appropriated by paragraph (1) shall--
(A) be available for obligation in the same manner as if
those funds were apportioned under chapter 1 of title 23,
United States Code;
(B) remain available until expended; and
(C) not be transferable.
(c) Disadvantaged Business Enterprises.--
(1) Findings.--Congress finds that--
(A) while significant progress has occurred due to the
establishment of the disadvantaged business enterprise
program, discrimination and related barriers continue to pose
significant obstacles for minority- and women-owned
businesses seeking to do business in federally assisted
surface transportation markets across the United States;
(B) the continuing barriers described in subparagraph (A)
merit the continuation of the disadvantaged business
enterprise program;
(C) Congress has received and reviewed testimony and
documentation of race and gender discrimination from numerous
sources, including congressional hearings and roundtables,
scientific reports, reports issued by public and private
agencies, news stories, reports of discrimination by
organizations and individuals, and discrimination lawsuits,
which show that race- and gender-neutral efforts alone are
insufficient to address the problem;
(D) the testimony and documentation described in
subparagraph (C) demonstrate that discrimination across the
United States poses a barrier to full and fair participation
in surface transportation-related businesses of women
business owners and minority business owners and has impacted
firm development and many aspects of surface transportation-
related business in the public and private markets; and
(E) the testimony and documentation described in
subparagraph (C) provide a strong basis that there is a
compelling need for the continuation of the disadvantaged
business enterprise program to address race and gender
discrimination in surface transportation-related business.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--
(i) In general.--The term ``small business concern'' means
a small business concern (as the term is used in section 3 of
the Small Business Act (15 U.S.C. 632)).
(ii) Exclusions.--The term ``small business concern'' does
not include any concern or group of concerns controlled by
the same socially and economically disadvantaged individual
or individuals that have average annual gross receipts during
the preceding 3 fiscal years in excess of $22,410,000, as
adjusted annually by the Secretary for inflation.
(B) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' has the meaning given the term in section 8(d)
of the Small Business Act (15 U.S.C. 637(d)) and relevant
subcontracting regulations issued pursuant to that Act,
except that women shall be presumed to be socially and
economically disadvantaged individuals for purposes of this
subsection.
(3) Amounts for small business concerns.--Except to the
extent that the Secretary determines otherwise, not less than
10 percent of the amounts made available for any program
under title I of this Act and section 403 of title 23, United
States Code, shall be expended through small business
concerns owned and controlled by socially and economically
disadvantaged individuals.
(4) Annual listing of disadvantaged business enterprises.--
Each State shall annually--
(A) survey and compile a list of the small business
concerns referred to in paragraph (2) in the State, including
the location of the small business concerns in the State; and
(B) notify the Secretary, in writing, of the percentage of
the small business concerns that are controlled by--
(i) women;
(ii) socially and economically disadvantaged individuals
(other than women); and
(iii) individuals who are women and are otherwise socially
and economically disadvantaged individuals.
(5) Uniform certification.--
(A) In general.--The Secretary shall establish minimum
uniform criteria for use by State governments in certifying
whether a concern qualifies as a small business concern for
the purpose of this subsection.
(B) Inclusions.--The minimum uniform criteria established
under subparagraph (A) shall include, with respect to a
potential small business concern--
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
[[Page S5570]]
(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 title I of this Act and
section 403 of title 23, United States Code, if the
individual or entity is prevented, in whole or in part, from
complying with paragraph (2) because a Federal court issues a
final order in which the court finds that a requirement or
the implementation of paragraph (2) is unconstitutional.
(d) Conforming Amendment.--Section 1101(b) of MAP-21
(Public Law 112-141; 126 Stat. 414) is repealed.
SEC. 11002. OBLIGATION CEILING.
(a) General Limitation.--Subject to subsection (e), and
notwithstanding any other provision of law, the obligations
for Federal-aid highway and highway safety construction
programs shall not exceed--
(1) $41,625,500,000 for fiscal year 2016;
(2) $42,896,300,000 for fiscal year 2017;
(3) $44,331,100,000 for fiscal year 2018;
(4) $45,759,400,000 for fiscal year 2019;
(5) $46,882,700,000 for fiscal year 2020; and
(6) $48,032,900,000 for fiscal year 2021.
(b) Exceptions.--The limitations under subsection (a) shall
not apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(10) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially
made available for obligation;
(12) section 119 of title 23, United States Code (as in
effect for fiscal years 2013 through 2015, but only in an
amount equal to $639,000,000 for each of those fiscal years);
and
(13) section 119 of title 23, United States Code (but, for
each of fiscal years 2016 through 2021, only in an amount
equal to $639,000,000 for each of those fiscal years).
(c) Distribution of Obligation Authority.--For each of
fiscal years 2016 through 2021, the Secretary shall--
(1) not distribute obligation authority provided by
subsection (a) for the fiscal year for--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or
apportioned by the Secretary under section 202 or 204 of
title 23, United States Code); and
(B) for which obligation authority was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) an amount equal to the difference between--
(i) the obligation authority provided by subsection (a) for
the fiscal year; and
(ii) the aggregate amount not distributed under paragraphs
(1) and (2); bears to
(B) an amount equal to the difference between--
(i) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (12) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(13) for the fiscal
year); and
(ii) the aggregate amount not distributed under paragraphs
(1) and (2);
(4) distribute the obligation authority provided by
subsection (a), less the aggregate amount not distributed
under paragraphs (1) and (2), for each of the programs (other
than programs to which paragraph (1) applies) that are
allocated by the Secretary under this Act and title 23,
United States Code, or apportioned by the Secretary under
section 202 or 204 of that title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for the fiscal year; and
(5) distribute the obligation authority provided by
subsection (a), less the aggregate amount not distributed
under paragraphs (1) and (2) and the amounts distributed
under paragraph (4), for Federal-aid highway and highway
safety construction programs that are apportioned by the
Secretary under title 23, United States Code, (other than the
amounts apportioned for the national highway performance
program under section 119 of title 23, United States Code,
that are exempt from the limitation under subsection (b)(13)
and the amounts apportioned under sections 202 and 204 of
that title) in the proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for the fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for the fiscal year.
(d) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (c), the Secretary shall, after
August 1 of each of fiscal years 2016 through 2021--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 144 (as in effect on the day before the date of
enactment of MAP-21 (126 Stat. 405)) and 104 of title 23,
United States Code.
(e) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply
to contract authority for transportation research programs
carried out under chapter 5 of title 23, United States Code.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(f) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation authority under subsection (c) for
each of fiscal years 2016 through 2021, the Secretary shall
distribute to the States any funds (excluding funds
authorized for the program under section 202 of title 23,
United States Code) that--
(A) are authorized to be appropriated for the fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not be
available for obligation, for the fiscal year because of the
imposition of any obligation limitation for the fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (c)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
SEC. 11003. APPORTIONMENT.
(a) In General.--Section 104 of title 23, United States
Code, is amended--
(1) in subsection (a)(1) by striking subparagraphs (A) and
(B) and inserting the following:
``(A) $456,000,000 for fiscal year 2016;
``(B) $465,000,000 for fiscal year 2017;
``(C) $474,000,000 for fiscal year 2018;
``(D) $483,000,000 for fiscal year 2019;
``(E) $492,000,000 for fiscal year 2020; and
``(F) $501,000,000 for fiscal year 2021.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``and the congestion mitigation and air quality improvement
program'' and inserting ``the congestion mitigation and air
quality improvement program, the national freight program'';
(B) in each of paragraphs (1), (2), and (3) by striking
``paragraphs (4) and (5)'' each place
[[Page S5571]]
it appears and inserting ``paragraphs (4), (5), and (6), and
section 213(a)'';
(C) in paragraph (1), by striking ``63.7 percent'' and
inserting ``65 percent'';
(D) in paragraph (2), by striking ``29.3 percent'' and
inserting ``29 percent'';
(E) in paragraph (3), by striking ``7 percent'' and
inserting ``6 percent'';
(F) in paragraph (4), in the matter preceding subparagraph
(A), by striking ``determined for the State under subsection
(c)'' and inserting ``remaining under subsection (c) after
making the set-asides in accordance with paragraph (5) and
section 213(a)'';
(G) by redesignating paragraph (5) as paragraph (6);
(H) by inserting after paragraph (4) the following:
``(5) National freight program.--
``(A) In general.--For the national freight program under
section 167, the Secretary shall set aside from the amount
determined for a State under subsection (c) an amount
determined for the State under subparagraphs (B) and (C).
``(B) Total amount.--The total amount set aside for the
national freight program for all States shall be--
``(i) $1,000,000,000 for fiscal year 2016;
``(ii) $1,450,000,000 for fiscal year 2017;
``(iii) $2,000,000,000 for fiscal year 2018;
``(iv) $2,300,000,000 for fiscal year 2019;
``(v) $2,400,000,000 for fiscal year 2020; and
``(vi) $2,500,000,000 for fiscal year 2021.
``(C) State share.--The Secretary shall distribute among
the States the total set-aside amount for the national
freight program under subparagraph (B) so that each State
receives an amount equal to the proportion that--
``(i) the total apportionment determined under subsection
(c) for a State; bears to
``(ii) the total apportionments for all States.
``(D) Metropolitan planning.--Of the amount set aside under
this paragraph for a State, the Secretary shall use to carry
out section 134 an amount determined by multiplying the set-
aside amount by the proportion that--
``(i) the amount apportioned to the State to carry out
section 134 for fiscal year 2009; bears to
``(ii) the total amount of funds apportioned to the State
for that fiscal year for the programs referred to in section
105(a)(2), except for the high priority projects program
referred to in section 105(a)(2)(H) (as in effect on the day
before the date of enactment of MAP-21 (Public Law 112-141;
126 Stat. 405).''; and
(I) in paragraph (6) (as redesignated by subparagraph (G)),
in the matter preceding subparagraph (A), by striking
``determined for the State under subsection (c)'' and
inserting ``remaining under subsection (c) after making the
set-asides in accordance with paragraph (5) and section
213(a)''; and
(3) in subsection (c) by adding at the end the following:
``(3) For fiscal years 2016 through 2021.--
``(A) State share.--For each of fiscal years 2016 through
2021, the amount for each State of combined apportionments
for the national highway performance program under section
119, the surface transportation program under section 133,
the highway safety improvement program under section 148, the
congestion mitigation and air quality improvement program
under section 149, the national freight program under section
167, the transportation alternatives program under section
213, and to carry out section 134, shall be determined as
follows:
``(i) Initial amount.--The initial amount for each State
shall be determined by multiplying the total amount available
for apportionment by the share for each State, which shall be
equal to the proportion that--
``(I) the amount of apportionments that the State received
for fiscal year 2014; bears to
``(II) the amount of those apportionments received by all
States for that fiscal year.
``(ii) Adjustments to amounts.--The initial amounts
resulting from the calculation under clause (i) shall be
adjusted to ensure that, for each State, the amount of
combined apportionments for the programs shall not be less
than 95 percent of the estimated tax payments attributable to
highway users in the State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the most recent
fiscal year for which data are available.
``(B) State apportionment.--For each of fiscal years 2016
through 2021, on October 1, the Secretary shall apportion the
sum authorized to be appropriated for expenditure on the
national highway performance program under section 119, the
surface transportation program under section 133, the highway
safety improvement program under section 148, the congestion
mitigation and air quality improvement program under section
149, the national freight program under section 167, the
transportation alternatives program under section 213, and to
carry out section 134 in accordance with subparagraph (A).''.
(b) Conforming Amendments.--
(1) Section 104(d)(1)(A) of title 23, United States Code,
is amended by striking ``subsection (b)(5)'' each place it
appears and inserting ``paragraphs (5)(D) and (6) of
subsection (b)''.
(2) Section 120(c)(3) of title 23, United States Code, is
amended--
(A) in subparagraph (A), in the matter preceding clause
(i), by striking ``or (5)'' and inserting ``(5)(D), or (6)'';
and
(B) in subparagraph (C)(i), by striking ``and (5)'' and
inserting ``(5)(D), and (6)''.
(3) Section 135(i) of title 23, United States Code, is
amended by striking ``section 104(b)(5)'' and inserting
``paragraphs (5)(D) and (6) of section 104(b)''.
(4) Section 136(b) of title 23, United States Code, is
amended in the first sentence by striking ``paragraphs (1)
through (5) of section 104(b)'' and inserting ``paragraphs
(1) through (6) of section 104(b)''.
(5) Section 141(b)(2) of title 23, United States Code, is
amended by striking ``paragraphs (1) through (5) of section
104(b)'' and inserting ``paragraphs (1) through (6) of
section 104(b)''.
(6) Section 505(a) of title 23, United States Code, is
amended in the matter preceding paragraph (1) by striking
``through (4)'' and inserting ``through (5)''.
SEC. 11004. SURFACE TRANSPORTATION PROGRAM.
Section 133 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (10), by inserting ``, including emergency
evacuation plans'' after ``programs''; and
(B) in paragraph (13), by adding a period at the end;
(2) in subsection (c)--
(A) in paragraph (1), by striking the semicolon at the end
and inserting ``or for projects described in paragraphs (2),
(4), (6), (7), (11), (20), (25), and (26) of subsection (b);
and'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2);
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking ``50
percent'' and inserting ``55 percent''; and
(II) in clause (ii), by striking ``greater than 5,000'' and
inserting ``of 5,000 or more''; and
(ii) in subparagraph (B), by striking ``50 percent'' and
inserting ``45 percent''; and
(B) in paragraph (3)--
(i) by striking ``paragraph (1)(A)(ii)'' and inserting
``paragraph (1)(A)(iii)''; and
(ii) by striking ``greater than 5,000 and less than
200,000'' and inserting ``of 5,000 to 200,000'';
(4) in subsection (f)(1)--
(A) by striking ``104(b)(3)'' and inserting ``104(b)(2)'';
and
(B) by striking ``the period of fiscal years 2011 through
2014'' and inserting ``each fiscal year'';
(5) by redesignating subsection (h) as subsection (i);
(6) in subsection (g)--
(A) by striking the subsection designation and heading and
all that follows through paragraph (1) and inserting the
following:
``(g) Bridges Off the National Highway System.--
``(1) Definition of off-nhs bridge.--In this subsection,
the term `off-NHS bridge' means a highway bridge located on a
public road, other than a bridge on the National Highway
System.''; and
(B) in paragraph (2)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) Set-aside.--Each State shall obligate for replacement
(including replacement with fill material), rehabilitation,
preservation, and protection (including scour
countermeasures, seismic retrofits, impact protection
measures, security countermeasures, and protection against
extreme events) for off-NHS bridges an amount equal to the
greater of--
``(i) 15 percent of the amount apportioned to the State
under section 104(b)(2); and
``(ii) an amount equal to at least 110 percent of the
amount of funds set aside for bridges not on Federal-aid
highways in the State for fiscal year 2014.'';
(ii) in subparagraph (B), by striking ``off-system'' and
inserting ``off-NHS''; and
(iii) by adding at the end the following:
``(C) Set-aside for certain off-nhs bridges.--Each State
shall obligate an amount equal to not less than 50 percent of
the amount set aside under subparagraph (A) for off-NHS
bridges located on public roads that are not Federal-aid
highways.''; and
(C) by redesignating paragraph (3) as subsection (h);
(7) in subsection (h) (as so redesignated)--
(A) by striking the heading and inserting ``Credit for
Bridges Not on the National Highway System.--'';
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and indenting
appropriately; and
(C) in the matter preceding paragraph (1) (as so
redesignated)--
(i) by striking ``the replacement of a bridge or
rehabilitation of''; and
(ii) by striking ``, and is determined by the Secretary
upon completion to be no longer a deficient bridge'';
(8) in subsection (i)(1) (as redesignated by paragraph
(5)), by striking ``under subsection (d)(1)(A)(iii) for each
of fiscal years 2013 through 2014'' and inserting ``under
subsection (d)(1)(A)(ii) for each fiscal year''; and
(9) by adding at the end the following:
``(j) Border States.--
``(1) In general.--After consultation with relevant
transportation planning organizations, the Governor of a
State that shares a land border with Canada or Mexico may
designate for each fiscal year not more than 5 percent of
funds made available to the State
[[Page S5572]]
under subsection (d)(1)(B) for border infrastructure projects
eligible under section 1303 of SAFETEA-LU (23 U.S.C. 101
note; Public Law 109-59).
``(2) Use of funds.--Funds designated under this subsection
shall be available under the requirements of section 1303 of
SAFETEA-LU (23 U.S.C. 101 note; Public Law 109-59).
``(3) Certification.--Before making a designation under
paragraph (1), the Governor shall certify that the
designation is consistent with transportation planning
requirements under this title.
``(4) Notification.--Not later than 30 days after making a
designation under paragraph (1), the Governor shall submit to
the relevant transportation planning organizations within the
border region a written notification of any suballocated or
distributed amount of funds available for obligation by
jurisdiction.
``(5) Limitation.--This subsection applies only to funds
apportioned to a State after the date of enactment of the
DRIVE Act.
``(6) Deadline for designation.--A designation under
paragraph (1) shall--
``(A) be submitted to the Secretary not later than 30 days
before the beginning of the fiscal year for which the
designation is being made; and
``(B) remain in effect for the funds designated under
paragraph (1) for a fiscal year until the Governor of the
State notifies the Secretary of the termination of the
designation.
``(7) Unobligated funds after termination.--On the date of
a termination under paragraph (6)(B), all remaining
unobligated funds that were designated under paragraph (1)
for the fiscal year for which the designation is being
terminated shall be made available to the State for the
purposes described in subsection (d)(1)(B).''.
SEC. 11005. METROPOLITAN TRANSPORTATION PLANNING.
Section 134 of title 23, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``resilient'' before
``surface transportation systems'';
(2) in subsection (c)(2), by striking ``and bicycle
transportation facilities'' and inserting ``, bicycle
transportation facilities, intermodal facilities that support
intercity transportation, including intercity buses and
intercity bus facilities, and commuter vanpool providers'';
(3) in subsection (d)--
(A) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively;
(B) by inserting after paragraph (2) the following:
``(3) Representation.--
``(A) In general.--Designation or selection of officials or
representatives under paragraph (2) shall be determined by
the metropolitan planning organization according to the
bylaws or enabling statute of the organization.
``(B) Public transportation representative.--Subject to the
bylaws or enabling statute of the metropolitan planning
organization, a representative of a provider of public
transportation may also serve as a representative of a local
municipality.
``(C) Powers of certain officials.--An official described
in paragraph (2)(B) shall have responsibilities, actions,
duties, voting rights, and any other authority commensurate
with other officials described in paragraph (2)(B).''; and
(C) in paragraph (5) (as redesignated by subparagraph (A)),
by striking ``paragraph (5)'' and inserting ``paragraph
(6)'';
(4) in subsection (e)(4)(B), by striking ``subsection
(d)(5)'' and inserting ``subsection (d)(6)'';
(5) in subsection (g)(3)(A), by inserting ``natural
disaster risk reduction,'' after ``environmental
protection,'';
(6) in subsection (h)--
(A) in paragraph (1)--
(i) in subparagraph (G), by striking ``and'' at the end;
(ii) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(I) improve the resilience and reliability of the
transportation system.''; and
(B) in paragraph (2)(A), by striking ``and in section
5301(c) of title 49'' and inserting ``and the general
purposes described in section 5301 of title 49'';
(7) in subsection (i)--
(A) in paragraph (2)--
(i) in subparagraph (A)(i), by striking ``transit'' and
inserting ``public transportation facilities, intercity bus
facilities'';
(ii) in subparagraph (G)--
(I) by striking ``and provide'' and inserting ``,
provide''; and
(II) by inserting ``, and reduce vulnerability due to
natural disasters of the existing transportation
infrastructure'' before the period at the end; and
(iii) in subparagraph (H), by inserting ``, including
consideration of the role that intercity buses may play in
reducing congestion, pollution, and energy consumption in a
cost-effective manner and strategies and investments that
preserve and enhance intercity bus systems, including systems
that are privately owned and operated'' before the period at
the end;
(B) in paragraph (6)(A)--
(i) by inserting ``public ports,'' before ``freight
shippers,''; and
(ii) by inserting ``(including intercity bus operators and
commuter vanpool providers)'' after ``private providers of
transportation''; and
(C) in paragraph (8), by striking ``(2)(C)'' each place it
appears and inserting ``(2)(E)'';
(8) in subsection (j)(5)(A), by striking ``subsection
(k)(4)'' and inserting ``subsection (k)(3)'';
(9) in subsection (k)--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(10) in subsection (l)--
(A) in paragraph (1), by adding a period at the end; and
(B) in paragraph (2)(D), by striking ``of less than
200,000'' and inserting ``with a population of 200,000 or
less'';
(11) by striking subsection (n);
(12) by redesignating subsections (o) through (q) as
subsections (n) through (p), respectively;
(13) in subsection (o) (as so redesignated), by striking
``set aside under section 104(f)'' and inserting
``apportioned under paragraphs (5)(D) and (6) of section
104(b)'' ; and
(14) by adding at the end the following:
``(q) Treatment of Lake Tahoe Region.--
``(1) Definition of lake tahoe region.--In this subsection,
the term `Lake Tahoe Region' has the meaning given the term
`region' in subsection (a) of Article II of the Lake Tahoe
Regional Planning Compact (Public Law 96-551; 94 Stat. 3234).
``(2) Treatment.--For the purpose of this title, the Lake
Tahoe Region shall be treated as--
``(A) a metropolitan planning organization;
``(B) a transportation management area under subsection
(k); and
``(C) an urbanized area, which is comprised of a population
of 145,000 in the State of California and a population of
65,000 in the State of Nevada.
``(3) Suballocated funding.--
``(A) Section 133.--When determining the amount under
subparagraph (A) of section 133(d)(1) that shall be obligated
for a fiscal year in the States of California and Nevada
under clauses (i), (ii), and (iii) of that subparagraph, the
Secretary shall, for each of those States--
``(i) calculate the population under each of those clauses;
``(ii) decrease the amount under section 133(d)(1)(A)(iii)
by the population specified in paragraph (2) of this
subsection for the Lake Tahoe Region in that State; and
``(iii) increase the amount under section 133(d)(1)(A)(i)
by the population specified in paragraph (2) of this
subsection for the Lake Tahoe Region in that State.
``(B) Section 213.--When determining the amount under
paragraph (1) of section 213(c) that shall be obligated for a
fiscal year in the States of California and Nevada under
subparagraphs (A), (B), and (C) of that paragraph, the
Secretary shall, for each of those States--
``(i) calculate the population under each of those
subparagraphs;
``(ii) decrease the amount under section 213(c)(1)(C) by
the population specified in paragraph (2) of this subsection
for the Lake Tahoe Region in that State; and
``(iii) increase the amount under section 213(c)(1)(A) by
the population specified in paragraph (2) of this subsection
for the Lake Tahoe Region in that State.''.
SEC. 11006. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION
PLANNING.
(a) In General.--Section 135 of title 23, United States
Code, is amended--
(1) in subsection (a)(2), by striking ``and bicycle
transportation facilities'' and inserting ``, bicycle
transportation facilities, intermodal facilities that support
intercity transportation, including intercity buses and
intercity bus facilities, and commuter vanpool providers'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (G), by striking ``and'' at the end;
(ii) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(I) improve the resilience and reliability of the
transportation system.''; and
(B) in paragraph (2)(A), by striking ``and in section
5301(c) of title 49'' and inserting ``and the general
purposes described in section 5301 of title 49'';
(3) in subsection (e)(1), by striking ``subsection (m)''
and inserting ``subsection (l)'';
(4) in subsection (f)--
(A) in paragraph (2)(B)(i), by striking ``subsection (m)''
and inserting ``subsection (l)'';
(B) in paragraph (3)(A)--
(i) in clause (i), by striking ``subsection (m)'' and
inserting ``subsection (l)''; and
(ii) in clause (ii), by inserting ``(including intercity
bus operators and commuter vanpool providers)'' after
``private providers of transportation'';
(C) in paragraph (7), in the matter preceding subparagraph
(A), by striking ``should'' and inserting ``shall''; and
(D) in paragraph (8), by inserting ``, including
consideration of the role that intercity buses may play in
reducing congestion, pollution, and energy consumption in a
cost-effective manner and strategies and investments that
preserve and enhance intercity bus systems, including systems
that are privately owned and operated'' before the period at
the end;
(5) in subsection (g)--
(A) in paragraph (2)(B)(i), by striking ``subsection (m)''
and inserting ``subsection (l)'';
(B) in paragraph (3)--
[[Page S5573]]
(i) by inserting ``public ports,'' before ``freight
shippers''; and
(ii) by inserting ``(including intercity bus operators),''
after ``private providers of transportation''; and
(C) in paragraph (6)(A), by striking ``subsection (m)'' and
inserting ``subsection (l)'';
(6) by striking subsection (j); and
(7) by redesignating subsections (k) through (m) as
subsections (j) through (l), respectively.
(b) Conforming Amendments.--Section 134(b)(5) of title 23,
United States Code, is amended by striking ``section 135(m)''
and inserting ``section 135(l)''.
SEC. 11007. HIGHWAY USE TAX EVASION PROJECTS.
Section 143(b) of title 23, United States Code, is amended
by striking paragraph (2)(A) and inserting the following:
``(A) In general.--From administrative funds made available
under section 104(a), the Secretary shall deduct such sums as
are necessary, not to exceed $4,000,000 for each fiscal year,
to carry out this section.''.
SEC. 11008. BUNDLING OF BRIDGE PROJECTS.
Section 144 of title 23, United States Code, is amended--
(1) in subsection (c)(2)(A), by striking ``the natural
condition of the bridge'' and inserting ``the natural
condition of the water'';
(2) by redesignating subsection (j) as subsection (k);
(3) by inserting after subsection (i) the following:
``(j) Bundling of Bridge Projects.--
``(1) Purpose.--The purpose of this subsection is to save
costs and time by encouraging States to bundle multiple
bridge projects as 1 project.
``(2) Definition of eligible entity.--In this subsection,
the term `eligible entity' means an entity eligible to carry
out a bridge project under section 119 or 133.
``(3) Bundling of bridge projects.--An eligible entity may
bundle 2 or more similar bridge projects that are--
``(A) eligible projects under section 119 or 133;
``(B) included as a bundled project in a transportation
improvement program under section 134(j) or a statewide
transportation improvement program under section 135, as
applicable; and
``(C) awarded to a single contractor or consultant pursuant
to a contract for engineering and design or construction
between the contractor and an eligible entity.
``(4) Itemization.--Notwithstanding any other provision of
law (including regulations), an eligible bridge project
included in a bundle under this subsection may be listed as--
``(A) 1 project for purposes of sections 134 and 135; and
``(B) a single project within the applicable bundle.
``(5) Financial characteristics.--Projects bundled under
this subsection shall have the same financial
characteristics, including--
``(A) the same funding category or subcategory; and
``(B) the same Federal share.''; and
(4) in subsection (k)(2) (as redesignated by paragraph
(2)), by striking ``104(b)(3)'' and inserting ``104(b)(2)''.
SEC. 11009. FLEXIBILITY FOR CERTAIN RURAL ROAD AND BRIDGE
PROJECTS.
(a) Authority.--With respect to rural road and rural bridge
projects eligible for funding under title 23, United States
Code, subject to the provisions of this section and on
request by a State, the Secretary may--
(1) exercise all existing flexibilities under and
exceptions to--
(A) the requirements of title 23, United States Code; and
(B) other requirements administered by the Secretary, in
whole or part; and
(2) otherwise provide additional flexibility or expedited
processing with respect to the requirements described in
paragraph (1).
(b) Types of Projects.--A rural road or rural bridge
project under this section shall--
(1) be located in a county that, based on the most recent
decennial census--
(A) has a population density of 80 or fewer persons per
square mile of land area; or
(B) is the county that has the lowest population density of
all counties in the State;
(2) be located within the operational right-of-way (as
defined in section 1316(b) of MAP-21 (23 U.S.C. 109 note; 126
Stat. 549)) of an existing road or bridge; and
(3)(A) receive less than $5,000,000 of Federal funds; or
(B) have a total estimated cost of not more than
$30,000,000 and Federal funds comprising less than 15 percent
of the total estimated project cost.
(c) Process to Assist Rural Projects.--
(1) Assistance with federal requirements.--
(A) In general.--For projects under this section, the
Secretary shall seek to provide, to the maximum extent
practicable, regulatory relief and flexibility consistent
with this section.
(B) Exceptions, exemptions, and additional flexibility.--
Exceptions, exemptions, and additional flexibility from
regulatory requirements may be granted if, in the opinion of
the Secretary--
(i) the project is not expected to have a significant
adverse impact on the environment;
(ii) the project is not expected to have an adverse impact
on safety; and
(iii) the assistance would be in the public interest for 1
or more reasons, including--
(I) reduced project costs;
(II) expedited construction, particularly in an area where
the construction season is relatively short and not granting
the waiver or additional flexibility could delay the project
to a later construction season; or
(III) improved safety.
(2) Maintaining protections.--Nothing in this subsection--
(A) waives the requirements of section 113 or 138 of title
23, United States Code;
(B) supersedes, amends, or modifies--
(i) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) or any other Federal environmental law;
or
(ii) any requirement of title 23, United States Code; or
(C) affects the responsibility of any Federal officer to
comply with or enforce any law or requirement described in
this paragraph.
SEC. 11010. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.
(a) Construction of Ferry Boats and Ferry Terminal
Facilities.--Section 147 of title 23, United States Code, is
amended--
(1) in subsection (a), by striking ``In General'' and
inserting ``Program'';
(2) by striking subsections (d) through (g) and inserting
the following:
``(d) Formula.--Of the amounts allocated under subsection
(c)--
``(1) 35 percent shall be allocated among eligible entities
in the proportion that--
``(A) the number of ferry passengers, including passengers
in vehicles, carried by each ferry system in the most recent
calendar year for which data is available; bears to
``(B) the number of ferry passengers, including passengers
in vehicles, carried by all ferry systems in the most recent
calendar year for which data is available;
``(2) 35 percent shall be allocated among eligible entities
in the proportion that--
``(A) the number of vehicles carried by each ferry system
in the most recent calendar year for which data is available;
bears to
``(B) the number of vehicles carried by all ferry systems
in the most recent calendar year for which data is available;
and
``(3) 30 percent shall be allocated among eligible entities
in the proportion that--
``(A) the total route nautical miles serviced by each ferry
system in the most recent calendar year for which data is
available; bears to
``(B) the total route nautical miles serviced by all ferry
systems in the most recent calendar year for which data is
available.
``(e) Redistribution of Unobligated Amounts.--The Secretary
shall--
``(1) withdraw amounts allocated to an eligible entity
under subsection (c) that remain unobligated by the end of
the third fiscal year following the fiscal year for which the
amounts were allocated; and
``(2) in the subsequent fiscal year, redistribute the funds
referred to in paragraph (1) in accordance with the formula
under subsection (d) among eligible entities for which no
amounts were withdrawn under paragraph (1).
``(f) Minimum Amount.--Notwithstanding subsection (c), a
State with an eligible entity that meets the requirements of
this section shall receive not less than $100,000 under this
section for a fiscal year.
``(g) Implementation.--
``(1) Data collection.--
``(A) National ferry database.--Amounts made available for
a fiscal year under this section shall be allocated using the
most recent data available, as collected and imputed in
accordance with the national ferry database established under
section 1801(e) of SAFETEA-LU (23 U.S.C. 129 note; 119 Stat.
1456).
``(B) Eligibility for funding.--To be eligible to receive
funds under subsection (c), data shall have been submitted in
the most recent collection of data for the national ferry
database under section 1801(e) of SAFETEA-LU (23 U.S.C. 129
note; 119 Stat. 1456) for at least 1 ferry service within the
State.
``(2) Adjustments.--On review of the data submitted under
paragraph (1)(B), the Secretary may make adjustments to the
data as the Secretary determines necessary to correct
misreported or inconsistent data.
``(h) Authorization of Appropriations.--There is authorized
to be appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$80,000,000 for each of fiscal years 2016 through 2021.
``(i) Period of Availability.--Notwithstanding section
118(b), funds made available to carry out this section shall
remain available until expended.
``(j) Applicability.--All provisions of this chapter that
are applicable to the National Highway System, other than
provisions relating to apportionment formula and Federal
share, shall apply to funds made available to carry out this
section, except as determined by the Secretary to be
inconsistent with this section.''.
(b) National Ferry Database.--Section 1801(e)(4) of
SAFETEA-LU (23 U.S.C. 129 note; 119 Stat. 1456) is amended by
striking subparagraph (D) and inserting the following:
``(D) make available, from the amounts made available for
each fiscal year to carry out chapter 63 of title 49, not
more than $500,000 to maintain the database.''.
(c) Conforming Amendments.--Section 129(c) of title 23,
United States Code, is amended--
[[Page S5574]]
(1) in paragraph (2), in the first sentence, by inserting
``, or on a public transit ferry eligible under chapter 53 of
title 49'' after ``Interstate System'';
(2) in paragraph (3)--
(A) by striking ``(3) Such ferry'' and inserting ``(3)(A)
The ferry''; and
(B) by adding at the end the following:
``(B) Any Federal participation shall not involve the
construction or purchase, for private ownership, of a ferry
boat, ferry terminal facility, or other eligible project
under this section.'';
(3) in paragraph (4), by striking ``and repair,'' and
inserting ``repair,''; and
(4) by striking paragraph (6) and inserting the following:
``(6) The ferry service shall be maintained in accordance
with section 116.
``(7)(A) No ferry boat or ferry terminal with Federal
participation under this title may be sold, leased, or
otherwise disposed of, except in accordance with part 18 of
title 49, Code of Federal Regulations (as in effect on
December 18, 2014).
``(B) The Federal share of any proceeds from a disposition
referred to in subparagraph (A) shall be used for eligible
purposes under this title.''.
SEC. 11011. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
Section 148 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4)(B)--
(i) in the matter preceding clause (i), by striking
``includes, but is not limited to,'' and inserting ``only
includes''; and
(ii) by adding at the end the following:
``(xxv) Installation of vehicle-to-infrastructure
communication equipment.
``(xxvi) Pedestrian hybrid beacons.
``(xxvii) Roadway improvements that provide separation
between pedestrians and motor vehicles, including medians and
pedestrian crossing islands.
``(xxviii) An infrastructure safety project not described
in clauses (i) through (xxvii).''; and
(B) by striking paragraph (10) and redesignating paragraphs
(11) through (13) as paragraphs (10) through (12),
respectively;
(2) in subsection (c)(1)(A), by striking ``subsection
(a)(12)'' and inserting ``subsection (a)(11)'';
(3) in subsection (d)(2)(B)(i), by striking ``subsection
(a)(12)'' and inserting ``subsection (a)(11)''; and
(4) in subsection (g)(1)--
(A) by striking ``increases'' and inserting ``does not
decrease''; and
(B) by inserting ``and exceeds the national fatality rate
on rural roads,'' after ``available,''.
SEC. 11012. DATA COLLECTION ON UNPAVED PUBLIC ROADS.
Section 148 of title 23, United States Code, is amended by
adding at the end the following:
``(k) Data Collection on Unpaved Public Roads.--
``(1) In general.--A State may elect not to collect
fundamental data elements for the model inventory of roadway
elements on public roads that are gravel roads or otherwise
unpaved if--
``(A)(i) more than 45 percent of the public roads in the
State are gravel roads or otherwise unpaved; and
``(ii) less than 10 percent of fatalities in the State
occur on those unpaved public roads; or
``(B)(i) more than 70 percent of the public roads in the
State are gravel roads or otherwise unpaved; and
``(ii) less than 25 percent of fatalities in the State
occur on those unpaved public roads.
``(2) Calculation.--The percentages described in paragraph
(1) shall be based on the average for the 5 most recent years
for which relevant data is available.
``(3) Use of funds.--If a State elects not to collect data
on a road described in paragraph (1), the State shall not use
funds provided to carry out this section for a project on
that road until the State completes a collection of the
required model inventory of roadway elements for the road.''.
SEC. 11013. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.
Section 149 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A)(i)(I), by inserting ``in the
designated nonattainment area'' after ``air quality
standard'';
(B) in paragraph (3), by inserting ``or maintenance'' after
``likely to contribute to the attainment'';
(C) in paragraph (4), by striking ``attainment of'' and
inserting ``attainment or maintenance of the area of''; and
(D) in paragraph (8)(A)(ii)--
(i) in the matter preceding subclause (I), by inserting
``or port-related freight operations'' after ``construction
projects''; and
(ii) in subclause (II), by inserting ``or chapter 53 of
title 49'' after ``this title'';
(2) in subsection (c)(2), by inserting ``(giving priority
to corridors designated under section 151)'' after ``at any
location in the State'';
(3) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by inserting
``would otherwise be eligible under subsection (b) if the
project were carried out in a nonattainment or maintenance
area or'' after ``may use for any project that''; and
(II) in clause (i), by striking ``(excluding the amount of
funds reserved under paragraph (1))''; and
(ii) in subparagraph (B)(i), by striking ``MAP-21t'' and
inserting ``MAP-21''; and
(B) in paragraph (3), by inserting ``, in a manner
consistent with the approach that was in effect on the day
before the date of enactment of MAP-21,'' after ``the
Secretary shall modify'';
(4) in subsection (g)--
(A) in paragraph (2)(B), by striking ``not later that'' and
inserting ``not later than'';
(B) in paragraph (3)--
(i) by striking ``States and metropolitan'' and inserting
the following:
``(A) In general.--States and metropolitan'';
(ii) by striking ``are proven to reduce'' and inserting
``reduce directly emitted''; and
(iii) by adding at the end the following:
``(B) Use of priority funding.--To the maximum extent
practicable, PM2.5 priority funding shall be used on the most
cost-effective projects and programs that are proven to
reduce directly emitted fine particulate matter.'';
(5) in subsection (k)--
(A) in paragraph (1)--
(i) by striking ``that has a nonattainment or maintenance
area'' and inserting ``that has 1 or more nonattainment or
maintenance areas'';
(ii) by striking ``a nonattainment or maintenance area that
are'' and inserting ``the nonattainment or maintenance areas
that are'';
(iii) by striking ``such area'' both places it appears and
inserting ``such areas''; and
(iv) by striking ``such fine particulate'' and inserting
``directly-emitted fine particulate'';
(B) in paragraph (2), by striking ``highway construction''
and inserting ``transportation construction''; and
(C) by adding at the end the following:
``(3) Pm2.5 nonattainment and maintenance in low population
density states.--
``(A) Exception.--In any State with a population density of
80 or fewer persons per square mile of land area, based on
the most recent decennial census, the requirements under
subsection (g)(3) and paragraphs (1) and (2) of this
subsection shall not apply to a nonattainment or maintenance
area in the State if--
``(i) the nonattainment or maintenance area does not have
projects that are part of the emissions analysis of a
metropolitan transportation plan or transportation
improvement program; and
``(ii) regional motor vehicle emissions are an
insignificant contributor to the air quality problem for
PM2.5 in the nonattainment or maintenance area.
``(B) Calculation.--If subparagraph (A) applies to a
nonattainment or maintenance area in a State, the percentage
of the PM2.5 set-aside under paragraph (1) shall be reduced
for that State proportionately based on the weighted
population of the area in fine particulate matter
nonattainment.
``(4) Port-related equipment and vehicles.--To meet the
requirements under paragraph (1), a State or metropolitan
planning organization may elect to obligate funds to the most
cost-effective projects to reduce emissions from port-related
landside nonroad or on-road equipment that is operated within
the boundaries of a PM2.5 nonattainment or maintenance
area.'';
(6) in subsection (l)(1)(B), by inserting ``air quality and
traffic congestion'' before ``performance targets''; and
(7) in subsection (m), by striking ``section 104(b)(2)''
and inserting ``section 104(b)(4)''.
SEC. 11014. TRANSPORTATION ALTERNATIVES.
(a) In General.--Section 213 of title 23, United States
Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Reservation of Funds.--
``(1) In general.--On October 1 of each fiscal year, the
Secretary shall set aside from the amount determined for a
State under section 104(c) an amount determined for the State
under paragraphs (2) and (3).
``(2) Total amount.--The total amount set aside for the
program under this section shall be $850,000,000 for each
fiscal year.
``(3) State share.--The Secretary shall distribute among
the States the total set-aside amount under paragraph (2) so
that each State receives an amount equal to the proportion
that--
``(A) the amount apportioned to the State for the
transportation enhancements program for fiscal year 2009
under section 133(d)(2), as in effect on the day before the
date of enactment of MAP-21 (Public Law 112-141; 126 Stat.
405); bears to
``(B) the total amount of funds apportioned to all States
for that fiscal year for the transportation enhancements
program for fiscal year 2009.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``Of the funds'' and all that follows through ``shall be
obligated under this section'' in subparagraph (A) and
inserting ``Funds reserved in a State under this section
shall be obligated'';
(ii) by striking subparagraph (B);
(iii) by redesignating clauses (i) through (iii) as
subparagraphs (A) through (C), respectively;
(iv) in subparagraph (B) (as so redesignated), by striking
``greater than 5,000'' and inserting ``of 5,000 or more'';
and
(v) in subparagraph (C) (as so redesignated), by striking
``; and'' and inserting a period;
[[Page S5575]]
(B) in paragraph (2), by striking ``paragraph (1)(A)(i)''
and inserting ``paragraph (1)(A)'';
(C) in paragraph (3)(A)--
(i) by striking ``Except as provided in paragraph (1)(B),
the'' and inserting ``The''; and
(ii) by striking ``paragraph (1)(A)(i)'' both places it
appears and inserting ``paragraph (1)(A)'';
(D) in paragraph (4)(B)--
(i) in clause (vi), by striking ``and'' at the end;
(ii) by redesignating clause (vii) as clause (viii); and
(iii) by inserting after clause (vi) the following:
``(vii) a nonprofit entity responsible for the
administration of local transportation safety programs;
and''; and
(E) in paragraph (5)--
(i) by striking ``For funds reserved'' and inserting the
following:
``(A) In general.--For funds reserved'';
(ii) by striking ``paragraph (1)(A)(i)'' and inserting
``paragraph (1)(A)''; and
(iii) by adding at the end the following:
``(B) No restriction on suballocation.--Nothing in this
section prevents a metropolitan planning organization from
further suballocating funds within the boundaries of the
metropolitan planning area if a competitive process is
implemented for the award of the suballocated funds.''; and
(3) by adding at the end the following:
``(h) Annual Reports.--
``(1) In general.--Each State or metropolitan planning
organization responsible for carrying out the requirements of
this section shall submit to the Secretary an annual report
that describes--
``(A) the number of project applications received for each
fiscal year, including--
``(i) the aggregate cost of the projects for which
applications are received; and
``(ii) the types of project to be carried out (as described
in subsection (b)), expressed as percentages of the total
apportionment of the State under subsection (a); and
``(B) the number of projects selected for funding for each
fiscal year, including the aggregate cost and location of
projects selected.
``(2) Public availability.--The Secretary shall make
available to the public, in a user-friendly format on the
website of the Department, a copy of each annual report
submitted under paragraph (1).
``(i) Expediting Infrastructure Projects.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall develop
regulations or guidance relating to the implementation of
this section that encourages the use of the programmatic
approaches to environmental reviews, expedited procurement
techniques, and other best practices to facilitate productive
and timely expenditure for projects that are small, low-
impact, and constructed within an existing built environment.
``(2) State processes.--The Secretary shall work with State
departments of transportation to ensure that any regulation
or guidance developed under paragraph (1) is consistently
implemented by States and the Federal Highway Administration
to avoid unnecessary delays in implementing projects and to
ensure the effective use of Federal dollars.''.
(b) Conforming Amendment.--Section 126(b) of title 23,
United States Code, is amended--
(1) by striking ``set-asides.--'' and all that follows
through ``Funds that'' in paragraph (1) and inserting ``set-
asides.--Funds that'';
(2) by striking ``sections 104(d) and 133(d)'' and
inserting ``sections 104(d), 133(d), and 213(c)''; and
(3) by striking paragraph (2).
SEC. 11015. CONSOLIDATION OF PROGRAMS.
Section 1519(a) of MAP-21 (Public Law 112-141; 126 Stat.
574) is amended in the matter preceding paragraph (1) by
striking ``fiscal years 2013 and 2014'' and inserting
``fiscal years 2013 through 2021''.
SEC. 11016. STATE FLEXIBILITY FOR NATIONAL HIGHWAY SYSTEM
MODIFICATIONS.
(a) National Highway System Flexibility.--Not later than 90
days after the date of enactment of this Act, the Secretary
shall issue guidance relating to working with State
departments of transportation that request assistance from
the division offices of the Federal Highway Administration--
(1) to review roads classified as principal arterials in
the State that were added to the National Highway System as
of October 1, 2012, so as to comply with section 103 of title
23, United States Code; and
(2) to identify any necessary functional classification
changes to rural and urban principal arterials.
(b) Administrative Actions.--The Secretary shall direct the
division offices of the Federal Highway Administration to
work with the applicable State department of transportation
that requests assistance under this section--
(1) to assist in the review of roads in accordance with
guidance issued under subsection (a);
(2) to expeditiously review and facilitate requests from
States to reclassify roads classified as principal arterials;
and
(3) in the case of a State that requests the withdrawal of
reclassified roads from the National Highway System under
section 103(b)(3) of title 23, United States Code, to carry
out that withdrawal if the inclusion of the reclassified road
in the National Highway System is not consistent with the
needs and priorities of the community or region in which the
reclassified road is located.
(c) National Highway System Modification Regulations.--The
Secretary shall--
(1) review the National Highway System modification process
described in appendix D of part 470 of title 23, Code of
Federal Regulations (or successor regulations); and
(2) take any action necessary to ensure that a State may
submit to the Secretary a request to modify the National
Highway System by withdrawing a road from the National
Highway System.
(d) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes a description of--
(1) each request for reclassification of National Highway
System roads;
(2) the status of each request; and
(3) if applicable, the justification for the denial by the
Secretary of a request.
(e) Modifications to the National Highway System.--Section
103(b)(3)(A) of title 23, United States Code, is amended--
(1) in the matter preceding clause (i)--
(A) by striking ``, including any modification consisting
of a connector to a major intermodal terminal,''; and
(B) by inserting ``, including any modification consisting
of a connector to a major intermodal terminal or the
withdrawal of a road from that system,'' after ``the National
Highway System''; and
(2) in clause (ii)--
(A) by striking ``(ii) enhances'' and inserting ``(ii)(I)
enhances'';
(B) by striking the period at the end and inserting ``;
or''; and
(C) by adding at the end the following:
``(II) in the case of the withdrawal of a road, is
reasonable and appropriate.''.
SEC. 11017. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.
Section 129(a) of title 23, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) by striking ``(other than a highway on the Interstate
System)''; and
(ii) by inserting ``non-HOV'' after ``toll-free'' each
place it appears;
(B) by striking subparagraph (C); and
(C) by redesignating subparagraphs (D) through (I) as
subparagraphs (C) through (H), respectively;
(2) by striking paragraph (4) and paragraph (6);
(3) by redesignating paragraphs (5), (7), (8), (9), and
(10) as paragraphs (4), (5), (6), (7), and (9), respectively;
(4) in paragraph (4)(B) (as so redesignated), by striking
``the Federal-aid system'' and inserting ``Federal-aid
highways''; and
(5) by inserting after paragraph (7) (as so redesignated)
the following:
``(8) Equal access for motorcoaches.--A private motorcoach
that serves the public shall be provided access to a toll
facility under the same rates, terms, and conditions as
public transportation buses in the State.''.
SEC. 11018. HOV FACILITIES.
Section 166 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraph (4) and inserting the following:
``(4) High occupancy toll vehicles.--
``(A) In general.--The State agency may allow vehicles not
otherwise exempt under this subsection to use the HOV
facility if the operators of the vehicles pay a toll charged
by the agency for use of the facility and the agency--
``(i) establishes a program that addresses how motorists
can enroll and participate in the toll program;
``(ii) in the case of a high occupancy vehicle facility
that affects a metropolitan area, submits to the Secretary a
written statement that the metropolitan planning organization
designated under section 134 for the area has been consulted
concerning the placement and amount of tolls on the converted
facility;
``(iii) develops, manages, and maintains a system that will
automatically collect the toll; and
``(iv) establishes policies and procedures--
``(I) to manage the demand to use the facility by varying
the toll amount that is charged;
``(II) to enforce violations of the use of the facility;
and
``(III) to ensure that private motorcoaches that serve the
public are provided access to the facility under the same
rates, terms, and conditions, as public transportation buses
in the State.
``(B) Exemption from tolls.--In levying a toll on a
facility under subparagraph (A), a State agency may--
``(i) designate classes of vehicles that are exempt from
the toll; and
``(ii) charge different toll rates for different classes of
vehicles.'';
(B) in paragraph (5), by striking subparagraph (A) and
inserting the following:
``(A) Inherently low emission vehicle.--If a State agency
establishes procedures for enforcing the restrictions on the
use of a HOV facility by vehicles described in clauses (i)
and (ii), the State agency may allow the use of the HOV
facility by--
[[Page S5576]]
``(i) alternative fuel vehicles; and
``(ii) any motor vehicle described in section 30D(d)(1) of
the Internal Revenue Code of 1986.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Tolls'' and inserting ``Notwithstanding
section 301, tolls''; and
(ii) by striking ``notwithstanding section 301 and, except
as provided in paragraphs (2) and (3)'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2);
(3) in subsection (d)(1), by striking subparagraphs (D) and
(E) and inserting the following:
``(D) Maintenance of operating performance.--
``(i) Submission of plan.--Not later than 180 days after
the date on which a facility is degraded under paragraph (2),
the State agency with jurisdiction over the facility shall
submit to the Secretary for approval a plan that details the
actions the State agency will take to bring the facility into
compliance with the minimum average operating speed
performance standard through changes to operation of the
facility, including--
``(I) increasing the occupancy requirement for HOV lanes;
``(II) varying the toll charged to vehicles allowed under
subsection (b) to reduce demand;
``(III) discontinuing allowing non-HOV vehicles to use HOV
lanes under subsection (b); or
``(IV) increasing the available capacity of the HOV
facility.
``(ii) Notice of approval or disapproval.--Not later than
60 days after the date of receipt of a plan under clause (i),
the Secretary shall provide to the State agency a written
notice indicating whether the Secretary has approved or
disapproved the plan based on a determination of whether the
implementation of the plan will bring the HOV facility into
compliance.
``(iii) Biannual progress updates.--Until the date on which
the Secretary determines that the State agency has brought
the HOV facility into compliance with this subsection, the
State agency shall submit biannual updates that describe--
``(I) the actions taken to bring the HOV facility into
compliance; and
``(II) the progress made by those actions.
``(E) Compliance.--The Secretary shall subject the State to
appropriate program sanctions under section 1.36 of title 23,
Code of Federal Regulations (or successor regulations), until
the performance is no longer degraded, if--
``(i) the State agency fails to submit an approved action
plan under subparagraph (D) to bring a degraded facility into
compliance; or
``(ii) after the State submits and the Secretary approves
an action plan under subparagraph (D), the Secretary
determines that, on a date that is not earlier than 1 year
after the approval of the action plan, the State agency is
not making significant progress toward bringing the HOV
facility into compliance with the minimum average operating
speed performance standard.''; and
(4) in subsection (f)(1), in the matter preceding
subparagraph (A), by inserting ``solely'' before
``operating''.
SEC. 11019. INTERSTATE SYSTEM RECONSTRUCTION AND
REHABILITATION PILOT PROGRAM.
Section 1216(b) of the Transportation Equity Act for the
21st Century (Public Law 105-178; 112 Stat. 212) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A), by striking ``the age, condition,
and intensity of use of the facility'' and inserting ``an
analysis demonstrating that the facility has a significant
age, condition, or intensity of use to require expedited
reconstruction or rehabilitation'';
(B) in subparagraph (D)(iii), by inserting ``, and that
demonstrates the capability of that agency to perform or
oversee the building, operation, and maintenance of a toll
expressway system meeting criteria for the Interstate
System'' before the semicolon at the end; and
(C) by adding at the end the following:
``(E) An analysis showing how the State plan for
implementing tolls on the facility takes into account the
interests and use of local, regional, and interstate
travelers.
``(F) An explanation of how the State will collect tolls
using electronic toll collection, including at highway
speeds, if practicable.
``(G) A plan describing the proposed location for the
collection of tolls on the facility, including any locations
in proximity to a State border.
``(H) Approved documentation that the project--
``(i) has received a categorical exclusion, a finding of no
significant impact, or a record of decision under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
``(ii) complies with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).'';
(2) by striking paragraphs (4) and (6);
(3) by redesignating paragraph (5) as paragraph (4);
(4) in paragraph (4)(as so redesignated)--
(A) in the matter preceding subparagraph (A), by striking
``Before the Secretary may permit'' and inserting ``As a
condition of permitting'';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking ``for--
'' and inserting ``for permissible uses described in section
129(a)(3) of title 23, United States Code; and''; and
(ii) by striking clauses (i) through (iii);
(5) by inserting after paragraph (4) (as so redesignated)
the following:
``(5) Application processing procedure.--
``(A) In general.--Not later than 60 days after receipt of
an application under this subsection, the Secretary shall
provide to the applicant a written notice informing the
applicant whether--
``(i) the application is complete and meets all
requirements under this subsection; or
``(ii) additional information or materials are needed--
``(I) to complete the application; or
``(II) to meet the eligibility requirements under paragraph
(3).
``(B) Additional information or materials.--
``(i) In general.--Not later than 60 days after receipt of
an application, the Secretary shall--
``(I) identify any additional information or materials that
are needed under subparagraph (A)(ii); and
``(II) provide to the applicant written notice specifying
the details of the additional required information or
materials.
``(ii) Amended application.--Not later than 60 days after
receipt of the additional information under clause (i), the
Secretary shall determine if the amended application is
complete and meets all requirements under this subsection.
``(C) Technical assistance.--On the request of a State, the
Secretary shall provide technical assistance to facilitate
the development of a complete application under this
paragraph that is likely to satisfy the eligibility criteria
under paragraph (3).
``(D) Approval of application.--On written notice by the
Secretary that the application is complete and meets all
requirements of this subsection, the project is considered
approved and shall be permitted to participate in the program
under this subsection.
``(E) Limitation on approved application.--
``(i) In general.--For an application received under this
subsection on or after the date of enactment of the DRIVE Act
for the reconstruction or rehabilitation of a facility, a
State shall--
``(I) not later than 1 year after the date on which the
application is approved, issue a solicitation for a contract
to provide for the reconstruction or rehabilitation of the
facility; and
``(II) not later than 2 years after the date on which the
application is approved, execute a contract for the
reconstruction or rehabilitation of the facility.
``(ii) Prior applications.--For an application that
received a conditional provisional approval under this
subsection before the date of enactment of the DRIVE Act, for
the reconstruction or rehabilitation of a facility, a State
shall--
``(I) not later than 1 year after the date of enactment of
the DRIVE Act, issue a solicitation for a contract to provide
for the reconstruction or rehabilitation of the facility; and
``(II) not later than 2 years after the date of enactment
of the DRIVE Act, execute a contract for the reconstruction
or rehabilitation of the facility.
``(iii) Cancellation or extension.--If an applicable
deadline under clause (i) or (ii) is not met, the Secretary
shall--
``(I) cancel the application approval; or
``(II) grant an extension of not more than 1 year for the
applicable deadline, on the condition that--
``(aa) there has been demonstrable progress toward meeting
the applicable requirements; and
``(bb) the requirements are likely to be met within 1 year.
``(6) Limitation on the use of national highway performance
program funds.--During the term of the pilot program, funds
apportioned for the national highway performance program
under section 104(b)(1) of title 23, United States Code, may
not be used for a facility for which tolls are being
collected under the pilot program unless the funds are used
for a maintenance purpose, as defined in section 101(a) of
title 23, United States Code.'';
(6) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively;
(7) by inserting after paragraph (6) the following:
``(7) Withdrawal.--A State may elect to withdraw
participation of the State in the pilot program at any
time.''; and
(8) in paragraph (8) (as redesignated by paragraph (6)), by
inserting ``after the date of enactment of the DRIVE Act''
after ``10 years''.
SEC. 11020. EMERGENCY RELIEF FOR FEDERALLY OWNED ROADS.
(a) Eligibility.--Section 125(d)(3) of title 23, United
States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) projects eligible for assistance under this section
located on tribal transportation facilities, Federal lands
transportation facilities, or other federally owned roads
that are open to public travel (as defined in subsection
(e)(1)).''.
(b) Definition.--Section 125(e) of title 23, United States
Code, is amended by striking paragraph (1) and inserting the
following:
``(1) Definitions.--In this subsection:
[[Page S5577]]
``(A) Open to public travel.--The term `open to public
travel' means, with respect to a road, that, except during
scheduled periods, extreme weather conditions, or
emergencies, the road--
``(i) is maintained;
``(ii) is open to the general public; and
``(iii) can accommodate travel by a standard passenger
vehicle, without restrictive gates or prohibitive signs or
regulations, other than for general traffic control or
restrictions based on size, weight, or class of registration.
``(B) Standard passenger vehicle.--The term `standard
passenger vehicle' means a vehicle with 6 inches of clearance
from the lowest point of the frame, body, suspension, or
differential to the ground.''.
SEC. 11021. BRIDGES REQUIRING CLOSURE OR LOAD RESTRICTIONS.
Section 144(h) of title 23, United States Code, is
amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(2) by inserting after paragraph (5) the following:
``(6) Bridges requiring closure or load restrictions.--
``(A) Bridges owned by federal agencies or tribal
governments.--If a Federal agency or tribal government fails
to ensure that any highway bridge that is open to public
travel and located in the jurisdiction of the Federal agency
or tribal government is properly closed or restricted to
loads that the bridge can carry safely, the Secretary--
``(i) shall, on learning of the need to close or restrict
loads on the bridge, require the Federal agency or tribal
government to take action necessary--
``(I) to close the bridge within 48 hours; or
``(II) within 30 days, to restrict public travel on the
bridge to loads that the bridge can carry safely; and
``(ii) may, if the Federal agency or tribal government
fails to take action required under clause (i), withhold all
funding authorized under this title for the Federal agency or
tribal government.''.
``(B) Other bridges.--If a State fails to ensure that any
highway bridge, other than a bridge described in subparagraph
(A), that is open to public travel and is located within the
boundaries of the State is properly closed or restricted to
loads the bridge can carry safely, the Secretary--
``(i) shall, on learning of the need to close or restrict
loads on the bridge, require the State to take action
necessary--
``(I) to close the bridge within 48 hours; or
``(II) within 30 days, to restrict public travel on the
bridge to loads that the bridge can carry safely; and
``(ii) may, if the State fails to take action required
under clause (i), withhold approval for Federal-aid projects
in that State.''; and
(3) in paragraph (8) (as redesignated by paragraph (1)), by
striking ``(6)'' and inserting ``(7)''.
SEC. 11022. NATIONAL ELECTRIC VEHICLE CHARGING AND NATURAL
GAS FUELING CORRIDORS.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by inserting after section 150 the following:
``Sec. 151. National electric vehicle charging and natural
gas fueling corridors
``(a) In General.--Not later than 1 year after the date of
enactment of the DRIVE Act, the Secretary shall designate
national electric vehicle charging and natural gas fueling
corridors that identify the near- and long-term need for, and
location of, electric vehicle charging infrastructure and
natural gas fueling infrastructure at strategic locations
along major national highways to improve the mobility of
passenger and commercial vehicles that employ electric and
natural gas fueling technologies across the United States.
``(b) Designation of Corridors.--In designating the
corridors under subsection (a), the Secretary shall--
``(1) solicit nominations from State and local officials
for facilities to be included in the corridors;
``(2) incorporate existing electric vehicle charging and
natural gas fueling corridors designated by a State or group
of States; and
``(3) consider the demand for, and location of, existing
electric vehicle charging and natural gas fueling
infrastructure.
``(c) Stakeholders.--In designating corridors under
subsection (a), the Secretary shall involve, on a voluntary
basis, stakeholders that include--
``(1) the heads of other Federal agencies;
``(2) State and local officials;
``(3) representatives of--
``(A) energy utilities;
``(B) the electric and natural gas vehicle industries;
``(C) the freight and shipping industry;
``(D) clean technology firms;
``(E) the hospitality industry;
``(F) the restaurant industry; and
``(G) highway rest stop vendors; and
``(4) such other stakeholders as the Secretary determines
to be necessary.
``(d) Redesignation.--Not later than 5 years after the date
of establishment of the corridors under subsection (a), and
every 5 years thereafter, the Secretary shall update and
redesignate the corridors.
``(e) Report.--During designation and redesignation of the
corridors under this section, the Secretary shall issue a
report that--
``(1) identifies electric vehicle charging and natural gas
fueling infrastructure and standardization needs for
electricity providers, natural gas providers, infrastructure
providers, vehicle manufacturers, electricity purchasers, and
natural gas purchasers; and
``(2) establishes an aspirational goal of achieving
strategic deployment of electric vehicle charging and natural
gas fueling infrastructure in those corridors by the end of
fiscal year 2021.''.
(b) Conforming Amendment.--The analysis of chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 151 and inserting the following:
``151. National Electric Vehicle Charging and Natural Gas Fueling
Corridors.''.
SEC. 11023. ASSET MANAGEMENT.
(a) Section 119 of title 23, United States Code, is
amended--
(1) in subsection (f)(2)--
(A) in subparagraph (A), by striking ``structurally
deficient'' and inserting ``being in poor condition''; and
(B) in subparagraph (B), by striking ``structurally
deficient'' and inserting ``being in poor condition''; and
(2) by adding at the end the following:
``(h) Critical Infrastructure.--
``(1) Definition of critical infrastructure.--In this
subsection, the term `critical infrastructure' means those
facilities the incapacity or failure of which would have a
debilitating impact on national or regional economic
security, national or regional energy security, national or
regional public health or safety, or any combination of those
matters.
``(2) Designation.--The asset management plan of a State
developed pursuant to subsection (e) may include a
designation of a critical infrastructure network of
facilities from among those facilities in the State that are
eligible under subsection (c).
``(3) Risk reduction.--A State may use funds apportioned
under this section for projects intended to reduce the risk
of failure of facilities designated as being on the critical
infrastructure network of the State.''.
(b) Section 144 of title 23, United States Code, is
amended--
(1) in subsection (a)(1)(B), by striking ``deficient''; and
(2) in subsection (b)(5), by striking ``each structurally
deficient bridge'' and inserting ``each bridge in poor
condition''.
(c) Section 202(d) of title 23, United States Code, is
amended--
(1) in paragraph (1), by striking ``deficient'';
(2) in paragraph (2)(B), by striking ``deficient''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking the semicolon at the
end and inserting ``; and'';
(B) in subparagraph (B), by striking ``; and'' at the end
and inserting a period; and
(C) by striking subparagraph (C).
SEC. 11024. TRIBAL TRANSPORTATION PROGRAM AMENDMENT.
Section 202 of title 23, United States Code, is amended--
(1) in subsection (a)(6), by striking ``6 percent'' and
inserting ``5 percent''; and
(2) in subsection (d)(2), in the matter preceding
subparagraph (A) by striking ``2 percent'' and inserting ``3
percent''.
SEC. 11025. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL
PROJECTS PROGRAM.
(a) Purpose.--The Secretary shall establish a nationally
significant Federal lands and tribal projects program
(referred to in this section as the ``program'') to provide
funding to construct, reconstruct, or rehabilitate nationally
significant Federal lands and tribal transportation projects.
(b) Eligible Applicants.--
(1) In general.--Except as provided in paragraph (2),
entities eligible to receive funds under sections 201, 202,
203, and 204 of title 23, United States Code, may apply for
funding under the program.
(2) Special rule.--A State, county, or unit of local
government may only apply for funding under the program if
sponsored by an eligible Federal land management agency or
Indian tribe.
(c) Eligible Projects.--An eligible project under the
program shall be a single continuous project--
(1) on a Federal lands transportation facility, a Federal
lands access transportation facility, or a Tribal
transportation facility (as those terms are defined in
section 101 of title 23, United States Code), except that
such facility is not required to be included on an inventory
described in sections 202 or 203 of title 23, United States
Code;
(2) for which completion of activities required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) has been demonstrated through--
(A) a record of decision with respect to the project;
(B) a finding that the project has no significant impact;
or
(C) a determination that the project is categorically
excluded; and
(3) having an estimated cost, based on the results of
preliminary engineering, equal to or exceeding $25,000,0000,
with priority consideration given to projects with an
estimated cost equal to or exceeding $50,000,000.
(d) Eligible Activities.--
(1) In general.--Subject to paragraph (2), an eligible
applicant receiving funds under the program may only use the
funds for construction, reconstruction, and rehabilitation
activities.
(2) Ineligible activities.--An eligible applicant may not
use funds received under the program for activities relating
to project design.
[[Page S5578]]
(e) Applications.--Eligible applicants shall submit to the
Secretary an application at such time, in such form, and
containing such information as the Secretary may require.
(f) Selection Criteria.--In selecting a project to receive
funds under the program, the Secretary shall consider the
extent to which the project--
(1) furthers the goals of the Department, including state
of good repair, environmental sustainability, economic
competitiveness, quality of life, and safety;
(2) improves the condition of critical multimodal
transportation facilities;
(3) needs construction, reconstruction, or rehabilitation;
(4) is included in or eligible for inclusion in the
National Register of Historic Places;
(5) enhances environmental ecosystems;
(6) uses new technologies and innovations that enhance the
efficiency of the project;
(7) is supported by funds, other than the funds received
under the program, to construct, maintain, and operate the
facility;
(8) spans 2 or more States; and
(9) serves land owned by multiple Federal agencies or
Indian tribes.
(g) Federal Share.--The Federal share of the cost of a
project shall be 95 percent.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $150,000,000 for
each of fiscal years 2016 through 2021, to remain available
for a period of 3 fiscal years following the fiscal year for
which the amounts were appropriated.
SEC. 11026. FEDERAL LANDS PROGRAMMATIC ACTIVITIES.
Section 201(c) of title 23, United States Code, is
amended--
(1) in paragraph (6)(A)--
(A) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively;
(B) in the matter preceding subclause (I) (as so
redesignated), by striking ``The Secretaries'' and inserting
the following:
``(i) In general.--The Secretaries'';
(C) by inserting a period after ``tribal transportation
program''; and
(D) by striking ``in accordance with'' and all that follows
through ``including--'' and inserting the following:
``(ii) Requirement.--Data collected to implement the tribal
transportation program shall be in accordance with the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450 et seq.).
``(iii) Inclusions.--Data collected under this paragraph
includes--''; and
(2) by striking paragraph (7) and inserting the following--
``(7) Cooperative research and technology deployment.--The
Secretary may conduct cooperative research and technology
deployment in coordination with Federal land management
agencies, as determined appropriate by the Secretary.
``(8) Funding.--
``(A) In general.--To carry out the activities described in
this subsection for Federal lands transportation facilities,
Federal lands access transportation facilities, and other
federally owned roads open to public travel (as that term is
defined in section 125(e)), the Secretary shall combine and
use not greater than 5 percent for each fiscal year of the
funds authorized for programs under sections 203 and 204.
``(B) Other activities.--In addition to the activities
described in subparagraph (A), funds described under that
subparagraph may be used for--
``(i) bridge inspections on any federally owned bridge even
if that bridge is not included on the inventory described
under section 203; and
``(ii) transportation planning activities carried out by
Federal land management agencies eligible for funding under
this chapter.''.
SEC. 11027. FEDERAL LANDS TRANSPORTATION PROGRAM.
Section 203 of title 23, United States Code, is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B), by striking ``operation'' and
inserting ``capital, operations,''; and
(B) in subparagraph (D), by striking ``subparagraph
(A)(iv)'' and inserting ``subparagraph (A)(iv)(I)'';
(2) in subsection (b)--
(A) in paragraph (1)(B)--
(i) in clause (iv), by striking ``and'' at the end;
(ii) in clause (v), by striking the period at the end and
inserting a semicolon; and
(iii) by adding at the end the following:
``(vi) the Bureau of Reclamation; and
``(vii) independent Federal agencies with natural resource
and land management responsibilities.''; and
(B) in paragraph (2)(B), in the matter preceding clause
(i), by inserting ``performance management, including'' after
``support''; and
(3) in subsection (c)(2)(B), by adding at the end the
following:
``(vi) The Bureau of Reclamation.''.
SEC. 11028. INNOVATIVE PROJECT DELIVERY.
Section 120(c)(3) of title 23, United States Code, is
amended--
(1) in subparagraph (A)(ii)--
(A) by inserting ``engineering or design approaches,''
after ``technologies,''; and
(B) by striking ``or contracting'' and inserting ``or
contracting or project delivery''; and
(2) in subparagraph (B)(iii), by inserting ``and
alternative bidding'' before the semicolon at the end.
SEC. 11029. OBLIGATION AND RELEASE OF FUNDS.
Section 118(c)(2) of title 23, United States Code, is
amended--
(1) in the matter preceding subparagraph (A), by striking
``Any funds'' and inserting the following:
``(A) In general.--Any funds'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately; and
(3) by adding at the end the following:
``(B) Same class of funds no longer authorized.--If the
same class of funds described in subparagraph (A)(i) is no
longer authorized in the most recent authorizing law, the
funds may be credited to a similar class of funds, as
determined by the Secretary.''.
Subtitle B--Acceleration of Project Delivery
SEC. 11101. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED
FEDERAL ASSISTANCE.
Section 1317 of MAP-21 (23 U.S.C. 109 note; Public Law 112-
141) is amended--
(1) in the matter preceding paragraph (1), by striking
``Not later than'' and inserting the following:
``(a) In General.--Not later than''; and
(2) by adding at the end the following:
``(b) Inflationary Adjustment.--The dollar amounts
described in subsection (a) shall be adjusted for inflation--
``(1) effective October 1, 2015, to reflect changes since
July 1, 2012, in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor; and
``(2) effective October 1, 2016, and each succeeding
October 1, to reflect changes for the preceding 12-month
period in the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the Department
of Labor.''.
SEC. 11102. PROGRAMMATIC AGREEMENT TEMPLATE.
(a) In General.--Section 1318 of MAP-21 (23 U.S.C. 109
note; Public Law 112-141) is amended by adding at the end the
following:
``(e) Programmatic Agreement Template.--
``(1) In general.--The Secretary shall develop a template
programmatic agreement described in subsection (d) that
provides for efficient and adequate procedures for evaluating
Federal actions described in section 771.117(c) of title 23,
Code of Federal Regulations (as in effect on the date of
enactment of this subsection).
``(2) Use of template.--The Secretary--
``(A) on receipt of a request from a State, shall use the
template programmatic agreement developed under paragraph (1)
in carrying out this section; and
``(B) on consent of the applicable State, may modify the
template as necessary to address the unique needs and
characteristics of the State.
``(3) Outcome measurements.--The Secretary shall establish
a method to verify that actions described in section
771.117(c) of title 23, Code of Federal Regulations (as in
effect on the date of enactment of this subsection), are
evaluated and documented in a consistent manner by the State
that uses the template programmatic agreement under this
subsection.''.
(b) Categorical Exclusion Determinations.--Not later than
30 days after the date of enactment of this Act, the
Secretary shall revise section 771.117(g) of title 23, Code
of Federal Regulations, to allow a programmatic agreement
under this section to include responsibility for making
categorical exclusion determinations--
(1) for actions described in subsections (c) and (d) of
section 771.117 of title 23, Code of Federal Regulations; and
(2) that meet the criteria for a categorical exclusion
under section 1508.4 of title 40, Code of Federal Regulations
(as in effect on the date of enactment of this Act), and are
identified in the programmatic agreement.
SEC. 11103. AGENCY COORDINATION.
(a) Roles and Responsibility of Lead Agency.--Section
139(c)(6) of title 23, United States Code, is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) to consider and respond to comments received from
participating agencies on matters within the special
expertise or jurisdiction of the participating agencies.''.
(b) Participating Agency Responsibilities.--Section 139(d)
of title 23, United States Code, is amended by adding at the
end the following:
``(8) Participating agency responsibilities.--An agency
participating in the collaborative environmental review
process under this section shall--
``(A) provide comments, responses, studies, or
methodologies on those areas within the special expertise or
jurisdiction of the Federal participating or cooperating
agency; and
``(B) use the process to address any environmental issues
of concern to the participating or cooperating agency.''.
SEC. 11104. INITIATION OF ENVIRONMENTAL REVIEW PROCESS.
Section 139 of title 23, United States Code, is amended--
(1) in subsection (a), by striking paragraph (6) and
inserting the following:
``(6) Project.--
[[Page S5579]]
``(A) In general.--The term `project' means any highway
project, public transportation capital project, or multimodal
project that, if implemented as proposed by the project
sponsor, would require approval by any operating
administration or secretarial office within the Department.
``(B) Considerations.--For purposes of this paragraph, the
Secretary shall take into account, if known, any sources of
Federal funding or financing identified by the project
sponsor, including discretionary grant, loan, and loan
guarantee programs administered by the Department.'';
(2) in subsection (e)--
(A) in paragraph (1), by inserting ``(including any
additional information that the project sponsor considers to
be important to initiate the process for the proposed
project)'' after ``location of the proposed project''; and
(B) by adding at the end the following:
``(3) Review of application.--Not later than 45 days after
the date on which an application is received by the Secretary
under this subsection, the Secretary shall provide to the
project sponsor a written response that, as applicable--
``(A) describes the determination of the Secretary--
``(i) to initiate the environmental review process,
including a timeline and an expected date for the publication
in the Federal Register of the relevant notice of intent; or
``(ii) to decline the application, including an explanation
of the reasons for that decision; or
``(B) requests additional information, and provides to the
project sponsor an accounting, regarding what is necessary to
initiate the environmental review process.
``(4) Request to designate a lead agency.--
``(A) In general.--Any project sponsor may submit a request
to the Secretary to designate a specific operating
administration or secretarial office within the Department of
Transportation to serve as the Federal lead agency for a
project.
``(B) Proposed schedule.--A request under subparagraph (A)
may include a proposed schedule for completing the
environmental review process.
``(C) Secretarial action.--
``(i) In general.--If a request under subparagraph (A) is
received, the Secretary shall respond to the request not
later than 45 days after the date of receipt.
``(ii) Requirements.--The response shall--
``(I) approve the request;
``(II) deny the request, with an explanation of the
reasons; or
``(III) require the submission of additional information.
``(iii) Additional information.--If additional information
is submitted in accordance with clause (ii)(III), the
Secretary shall respond to that submission not later than 45
days after the date of receipt.''; and
(3) in subsection (f)(4), by adding at the end the
following:
``(E) Reduction of duplication.--
``(i) In general.--In carrying out this paragraph, the lead
agency shall reduce duplication, to the maximum extent
practicable, between--
``(I) the evaluation of alternatives under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
``(II) the evaluation of alternatives in the metropolitan
transportation planning process under section 134 of title
23, United States Code, or an environmental review process
carried out under State law (referred to in this subparagraph
as a `State environmental review process').
``(ii) Consideration of alternatives.--The lead agency may
eliminate from detailed consideration an alternative proposed
in an environmental impact statement regarding a project if,
as determined by the lead agency--
``(I) the alternative was considered in a metropolitan
planning process or a State environmental review process by a
metropolitan planning organization or a State or local
transportation agency, as applicable;
``(II) the lead agency provided guidance to the
metropolitan planning organization or State or local
transportation agency, as applicable, regarding analysis of
alternatives in the metropolitan planning process or State
environmental review process, including guidance on the
requirements under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and any other requirements of
Federal law necessary for approval of the project;
``(III) the applicable metropolitan planning process or
State environmental review process included an opportunity
for public review and comment;
``(IV) the applicable metropolitan planning organization or
State or local transportation agency rejected the alternative
after considering public comments;
``(V) the Federal lead agency independently reviewed the
alternative evaluation approved by the applicable
metropolitan planning organization or State or local
transportation agency; and
``(VI) the Federal lead agency has determined--
``(aa) in consultation with Federal participating or
cooperating agencies, that the alternative to be eliminated
from consideration is not necessary for compliance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); or
``(bb) with the concurrence of Federal agencies with
jurisdiction over a permit or approval required for a
project, that the alternative to be eliminated from
consideration is not necessary for any permit or approval
under any other Federal law.''.
SEC. 11105. IMPROVING COLLABORATION FOR ACCELERATED DECISION
MAKING.
(a) Coordination and Scheduling.--Section 139(g)(1)(B)(i)
of title 23, United States Code, is amended--
(1) by striking ``The lead agency'' and inserting ``For a
project requiring an environmental impact statement or
environmental assessment, the lead agency''; and
(2) by striking ``may'' and inserting ``shall''.
(b) Issue Identification and Resolution.--Section 139(h) of
title 23, United States Code, is amended--
(1) in paragraph (4)(C), by striking ``paragraph (5) and''
and inserting ``paragraph (5)'';
(2) in paragraph (5)(A)(ii)(I), by inserting ``, including
modifications to the project schedule'' after ``review
process''; and
(3) in paragraph (6)(B), by striking clause (ii) and
inserting the following:
``(ii) Description of date.--The date referred to in clause
(i) is 1 of the following:
``(I) The date that is 30 days after the date for rendering
a decision as described in the project schedule established
pursuant to subsection (g)(1)(B).
``(II) If no schedule exists, the later of--
``(aa) the date that is 180 days after the date on which an
application for the permit, license or approval is complete;
or
``(bb) the date that is 180 days after the date on which
the Federal lead agency issues a decision on the project
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(III) A modified date consistent with subsection
(g)(1)(D).''.
SEC. 11106. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL
REVIEWS.
(a) In General.--Section 139 of title 23, United States
Code, is amended by adding at the end the following:
``(n) Accelerated Decisionmaking in Environmental
Reviews.--
``(1) In general.--In preparing a final environmental
impact statement under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), if the lead agency modifies
the statement in response to comments that are minor and are
confined to factual corrections or explanations regarding why
the comments do not warrant additional agency response, the
lead agency may write on errata sheets attached to the
statement instead of rewriting the draft statement, subject
to the condition that the errata sheets shall--
``(A) cite the sources, authorities, or reasons that
support the position of the lead agency; and
``(B) if appropriate, indicate the circumstances that would
trigger agency reappraisal or further response.
``(2) Incorporation.--To the maximum extent practicable,
the lead agency shall expeditiously develop a single document
that consists of a final environmental impact statement and a
record of decision, unless--
``(A) the final environmental impact statement makes
substantial changes to the proposed action that are relevant
to environmental or safety concerns; or
``(B) there are significant new circumstances or
information that--
``(i) are relevant to environmental concerns; and
``(ii) bear on the proposed action or the impacts of the
proposed action.''.
(b) Repeal.--Section 1319 of MAP-21 (42 U.S.C. 4332a) is
repealed.
SEC. 11107. IMPROVING TRANSPARENCY IN ENVIRONMENTAL REVIEWS.
Section 139 of title 23, United States Code (as amended by
section 11106(a)), is amended by adding at the end the
following:
``(o) Reviews, Approvals, and Permitting Platform.--
``(1) In general.--Not later than 2 years after the date of
enactment of this subsection, the Secretary shall establish
an online platform and, in coordination with agencies
described in paragraph (2), issue reporting standards to make
publicly available the status of reviews, approvals, and
permits required for compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or
other applicable Federal laws for projects and activities
requiring an environmental assessment or an environmental
impact statement.
``(2) Federal agency participation.--A Federal agency of
jurisdiction over a review, approval, or permit described in
paragraph (1) shall provide status information in accordance
with the standards established by the Secretary under
paragraph (1).
``(3) State responsibilities.--A State that is assigned and
assumes responsibilities under section 326 or 327 shall
provide applicable status information in accordance with
standards established by the Secretary under paragraph
(1).''.
SEC. 11108. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.
Section 168 of title 23, United States Code, is amended to
read as follows:
``Sec. 168. Integration of planning and environmental review
``(a) Definitions.--In this section, the following
definitions apply:
``(1) Environmental review process.--The term
`environmental review process' means the process for
preparing for a project an environmental impact statement,
environmental assessment, categorical exclusion, or
[[Page S5580]]
other document prepared under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) Lead agency.--The term `lead agency' has the meaning
given the term in section 139(a).
``(3) Planning product.--The term `planning product' means
a decision, analysis, study, or other documented information
that is the result of an evaluation or decisionmaking process
carried out by a metropolitan planning organization or a
State, as appropriate, during metropolitan or statewide
transportation planning under section 134 or 135,
respectively.
``(4) Project.--The term `project' has the meaning given
the term in section 139(a).
``(b) Adoption of Planning Products for Use in NEPA
Proceedings.--
``(1) In general.--Subject to subsection (d), the Federal
lead agency for a project may adopt and use a planning
product in proceedings relating to any class of action in the
environmental review process of the project.
``(2) Identification.--If the Federal lead agency makes a
determination to adopt and use a planning product, the
Federal lead agency shall identify the agencies that
participated in the development of the planning products.
``(3) Partial adoption of planning products.--The Federal
lead agency may--
``(A) adopt an entire planning product under paragraph (1);
or
``(B) select portions of a planning project under paragraph
(1) for adoption.
``(4) Timing.--A determination under paragraph (1) with
respect to the adoption of a planning product may--
``(A) be made at the time the lead agencies decide the
appropriate scope of environmental review for the project; or
``(B) occur later in the environmental review process, as
appropriate.
``(c) Applicability.--
``(1) Planning decisions.--The lead agency in the
environmental review process may adopt decisions from a
planning product, including--
``(A) whether tolling, private financial assistance, or
other special financial measures are necessary to implement
the project;
``(B) a decision with respect to general travel corridor or
modal choice, including a decision to implement corridor or
subarea study recommendations to advance different modal
solutions as separate projects with independent utility;
``(C) the purpose and the need for the proposed action;
``(D) preliminary screening of alternatives and elimination
of unreasonable alternatives;
``(E) a basic description of the environmental setting;
``(F) a decision with respect to methodologies for
analysis; and
``(G) an identification of programmatic level mitigation
for potential impacts of transportation projects, including--
``(i) measures to avoid, minimize, and mitigate impacts at
a regional or national scale;
``(ii) investments in regional ecosystem and water
resources; and
``(iii) a programmatic mitigation plan developed in
accordance with section 169.
``(2) Planning analyses.--The lead agency in the
environmental review process may adopt analyses from a
planning product, including--
``(A) travel demands;
``(B) regional development and growth;
``(C) local land use, growth management, and development;
``(D) population and employment;
``(E) natural and built environmental conditions;
``(F) environmental resources and environmentally sensitive
areas;
``(G) potential environmental effects, including the
identification of resources of concern and potential indirect
and cumulative effects on those resources; and
``(H) mitigation needs for a proposed action, or for
programmatic level mitigation, for potential effects that the
Federal lead agency determines are most effectively addressed
at a regional or national program level.
``(d) Conditions.--The lead agency in the environmental
review process may adopt and use a planning product under
this section if the lead agency determines, with the
concurrence of other participating agencies with relevant
expertise and project sponsors, as appropriate, that the
following conditions have been met:
``(1) The planning product was developed through a planning
process conducted pursuant to applicable Federal law.
``(2) The planning product was developed in consultation
with appropriate Federal and State resource agencies and
Indian tribes.
``(3) The planning process included broad multidisciplinary
consideration of systems-level or corridor-wide
transportation needs and potential effects, including effects
on the human and natural environment.
``(4) The planning process included public notice that the
planning products produced in the planning process may be
adopted during a subsequent environmental review process in
accordance with this section.
``(5) During the environmental review process, the lead
agency has--
``(A) made the planning documents available for public
review and comment;
``(B) provided notice of the intention of the lead agency
to adopt the planning product; and
``(C) considered any resulting comments.
``(6) There is no significant new information or new
circumstance that has a reasonable likelihood of affecting
the continued validity or appropriateness of the planning
product.
``(7) The planning product has a rational basis and is
based on reliable and reasonably current data and reasonable
and scientifically acceptable methodologies.
``(8) The planning product is documented in sufficient
detail to support the decision or the results of the analysis
and to meet requirements for use of the information in the
environmental review process.
``(9) The planning product is appropriate for adoption and
use in the environmental review process for the project and
is incorporated in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section
1502.21 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of the DRIVE Act).
``(e) Effect of Adoption.--Any planning product adopted by
the Federal lead agency in accordance with this section may
be--
``(1) incorporated directly into an environmental review
process document or other environmental document; and
``(2) relied on and used by other Federal agencies in
carrying out reviews of the project.
``(f) Rules of Construction.--
``(1) In general.--This section does not make the
environmental review process applicable to the transportation
planning process conducted under this title and chapter 53 of
title 49.
``(2) Transportation planning activities.--Initiation of
the environmental review process as a part of, or
concurrently with, transportation planning activities does
not subject transportation plans and programs to the
environmental review process.
``(3) Planning products.--This section does not affect the
use of planning products in the environmental review process
pursuant to other authorities under any other provision of
law or restrict the initiation of the environmental review
process during planning.''.
SEC. 11109. USE OF PROGRAMMATIC MITIGATION PLANS.
Section 169(f) of title 23, United States Code, is
amended--
(1) by striking ``may use'' and inserting ``shall
consider''; and
(2) by inserting ``or other Federal environmental law''
before the period at the end.
SEC. 11110. ADOPTION OF DEPARTMENTAL ENVIRONMENTAL DOCUMENTS.
(a) In General.--Title 49, United States Code, is amended
by inserting after section 306 the following:
``Sec. 307. Adoption of Departmental environmental documents
``(a) In General.--An operating administration or
secretarial office within the Department may adopt any draft
environmental impact statement, final environmental impact
statement, environmental assessment, or any other document
issued under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) by another operating administration
or secretarial office within the Department--
``(1) without recirculating the document (except that a
final environmental impact statement shall be recirculated
prior to adoption); and
``(2) if the operating administration or secretarial office
adopting the document certifies that the project is
substantially the same as the project reviewed under the
document to be adopted.
``(b) Cooperating Agency.--An adopting operating
administration or secretarial office that was a cooperating
agency and certifies that the project is substantially the
same as the project reviewed under the document to be adopted
and that its comments and suggestions have been addressed may
adopt a document described in subsection (a) without
recirculating the document.''.
(b) Conforming Amendment.--The analysis for chapter 3 of
title 49, United States Code, is amended by striking the item
relating to section 307 and inserting the following:
``Sec. 307. Adoption of Departmental environmental documents.''.
SEC. 11111. TECHNICAL ASSISTANCE FOR STATES.
Section 326 of title 23, United States Code, is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Assistance to states.--On request of a Governor of a
State, the Secretary shall provide to the State technical
assistance, training, or other support relating to--
``(A) assuming responsibility under subsection (a);
``(B) developing a memorandum of understanding under this
subsection; or
``(C) addressing a responsibility in need of corrective
action under subsection (d)(1)(B).''; and
(2) in subsection (d), by striking paragraph (1) and
inserting the following:
``(1) Termination by secretary.--The Secretary may
terminate the participation of any State in the program, if--
``(A) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned to the
State;
``(B) the Secretary provides to the State--
``(i) a notification of the determination of noncompliance;
[[Page S5581]]
``(ii) a period of not less than 120 days to take such
corrective action as the Secretary determines to be necessary
to comply with the applicable agreement; and
``(iii) on request of the Governor of the State, a detailed
description of each responsibility in need of corrective
action regarding an inadequacy identified under subparagraph
(A); and
``(C) the State, after the notification and period
described in clauses (i) and (ii) of subparagraph (B), fails
to take satisfactory corrective action, as determined by the
Secretary.''.
SEC. 11112. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.
Section 327(j) of title 23, United States Code, is amended
by striking paragraph (1) and inserting the following:
``(1) Termination by secretary.--The Secretary may
terminate the participation of any State in the program if--
``(A) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned to the
State;
``(B) the Secretary provides to the State--
``(i) a notification of the determination of noncompliance;
``(ii) a period of not less than 120 days to take such
corrective action as the Secretary determines to be necessary
to comply with the applicable agreement; and
``(iii) on request of the Governor of the State, a detailed
description of each responsibility in need of corrective
action regarding an inadequacy identified under subparagraph
(A); and
``(C) the State, after the notification and period provided
under subparagraph (B), fails to take satisfactory corrective
action, as determined by the Secretary.''.
SEC. 11113. CATEGORICAL EXCLUSIONS FOR MULTIMODAL PROJECTS.
(a) Multimodal Project Defined.--Section 139(a) of title
23, United States Code, is amended by striking paragraph (5)
and inserting the following:
``(5) Multimodal project.--The term `multimodal project'
means a project that requires approval by more than 1
Department of Transportation operating administration or
secretarial office.''.
(b) Application of Categorical Exclusions for Multimodal
Projects.--Section 304 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``operating authority
that is not the lead authority with respect to a project''
and inserting ``operating administration or secretarial
office that has expertise but is not the lead authority with
respect to a proposed multimodal project''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Lead authority.--The term `lead authority' means a
Department of Transportation operating administration or
secretarial office that has the lead responsibility for
compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) for a proposed multimodal
project.'';
(2) in subsection (b), by striking ``under this title'' and
inserting ``by the Secretary of Transportation'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``a categorical exclusion designated under
the implementing regulations or'' and inserting ``a
categorical exclusion designated under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
implementing regulations or''; and
(ii) by striking ``other components of the'' and inserting
``a proposed multimodal''; and
(B) by striking paragraphs (1) through (5) and inserting
the following:
``(1) the lead authority makes a determination, in
consultation with the cooperating authority, on the
applicability of a categorical exclusion to a proposed
multimodal project;
``(2) the cooperating authority does not object to the
determination of the lead authority of the applicability of a
categorical exclusion;
``(3) the lead authority determines that the component of
the proposed multimodal project to be covered by the
categorical exclusion of the cooperating authority has
independent utility; and
``(4) the lead authority determines that--
``(A) the proposed multimodal project does not individually
or cumulatively have a significant impact on the environment;
and
``(B) extraordinary circumstances do not exist that merit
additional analysis and documentation in an environmental
impact statement or environmental assessment required under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).''; and
(4) by striking subsection (d) and inserting the following:
``(d) Cooperative Authority Expertise.--A cooperating
authority shall provide expertise to the lead authority on
aspects of the multimodal project in which the cooperating
authority has expertise.''.
SEC. 11114. MODERNIZATION OF THE ENVIRONMENTAL REVIEW
PROCESS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall examine ways to
modernize, simplify, and improve the implementation of the
National Environmental Policy Act of 1969 (42 U.S.C. 4231 et
seq.) by the Department.
(b) Inclusions.--In carrying out subsection (a), the
Secretary shall consider--
(1) the use of technology in the process, such as--
(A) searchable databases;
(B) geographic information system mapping tools;
(C) integration of those tools with fiscal management
systems to provide more detailed data; and
(D) other innovative technologies;
(2) ways to prioritize use of programmatic environmental
impact statements;
(3) methods to encourage cooperating agencies to present
analyses in a concise format; and
(4) any other improvements that can be made to modernize
process implementation.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report describing the results of
the review carried out under subsection (a).
SEC. 11115. SERVICE CLUB, CHARITABLE ASSOCIATION, OR
RELIGIOUS SERVICE SIGNS.
Notwithstanding section 131 of title 23, United States
Code, and part 750 of title 23, Code of Federal Regulations
(or successor regulations), a State may allow the maintenance
of a sign of a service club, charitable association, or
religious service that was erected as of the date of
enactment of this Act, the area of which is less than or
equal to 32 square feet, if the State notifies the Federal
Highway Administration.
SEC. 11116. SATISFACTION OF REQUIREMENTS FOR CERTAIN HISTORIC
SITES.
(a) Highways.--Section 138 of title 23, United States Code,
is amended by adding at the end the following:
``(c) Satisfaction of Requirements for Certain Historic
Sites.--
``(1) In general.--The Secretary shall--
``(A) align, to the maximum extent practicable, with the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4231 et seq.) and section 306108 of title 54,
including implementing regulations; and
``(B) not later than 90 days after the date of enactment of
this subsection, coordinate with the Secretary of the
Interior and the Executive Director of the Advisory Council
on Historic Preservation (referred to in this subsection as
the `Council') to establish procedures to satisfy the
requirements described in subparagraph (A) (including
regulations).
``(2) Avoidance alternative analysis.--
``(A) In general.--If, in an analysis required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4231 et
seq.), the Secretary determines that there is no feasible or
prudent alternative to avoid use of an historic site, the
Secretary may--
``(i) include the determination of the Secretary in the
analysis required under that Act;
``(ii) provide a notice of the determination to--
``(I) each applicable State historic preservation officer
and tribal historic preservation officer;
``(II) the Council, if the Council is participating in the
consultation process under section 306108 of title 54; and
``(III) the Secretary of the Interior; and
``(iii) request from the applicable preservation officer,
the Council, and the Secretary of the Interior a concurrence
that the determination is sufficient to satisfy the
requirement of subsection (a)(1).
``(B) Concurrence.--If the applicable preservation officer,
the Council, and the Secretary of the Interior each provide a
concurrence requested under subparagraph (A)(iii), no further
analysis under subsection (a)(1) shall be required.
``(C) Publication.--A notice of a determination, together
with each relevant concurrence to that determination, under
subparagraph (A) shall be--
``(i) included in the record of decision or finding of no
significant impact of the Secretary; and
``(ii) posted on an appropriate Federal website by not
later than 3 days after the date of receipt by the Secretary
of all concurrences requested under subparagraph (A)(iii).
``(3) Aligning historical reviews.--
``(A) In general.--If the Secretary, the applicable
preservation officer, the Council, and the Secretary of the
Interior concur that no feasible and prudent alternative
exists as described in paragraph (2), the Secretary may
provide to the applicable preservation officer, the Council,
and the Secretary of the Interior notice of the intent of the
Secretary to satisfy the requirements of subsection (a)(2)
through the consultation requirements of section 306108 of
title 54.
``(B) Satisfaction of conditions.--To satisfy the
requirements of subsection (a)(2), each individual described
in paragraph (2)(A)(ii) shall concur in the treatment of the
applicable historic site described in the memorandum of
agreement or programmatic agreement developed under section
306108 of title 54.''.
(b) Public Transportation.--Section 303 of title 49, United
States Code, is amended--
(1) in subsection (c), in the matter preceding paragraph
(1), by striking ``subsection (d)'' and inserting
``subsections (d) and (e)''; and
(2) by adding at the end the following:
``(e) Satisfaction of Requirements for Certain Historic
Sites.--
``(1) In general.--The Secretary shall--
``(A) align, to the maximum extent practicable, the
requirements of this section with
[[Page S5582]]
the requirements of the National Environmental Policy Act of
1969 (42 U.S.C. 4231 et seq.) and section 306108 of title 54,
including implementing regulations; and
``(B) not later than 90 days after the date of enactment of
this subsection, coordinate with the Secretary of the
Interior and the Executive Director of the Advisory Council
on Historic Preservation (referred to in this subsection as
the `Council') to establish procedures to satisfy the
requirements described in subparagraph (A) (including
regulations).
``(2) Avoidance alternative analysis.--
``(A) In general.--If, in an analysis required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4231 et
seq.), the Secretary determines that there is no feasible or
prudent alternative to avoid use of an historic site, the
Secretary may--
``(i) include the determination of the Secretary in the
analysis required under that Act;
``(ii) provide a notice of the determination to--
``(I) each applicable State historic preservation officer
and tribal historic preservation officer;
``(II) the Council, if the Council is participating in the
consultation process under section 306108 of title 54; and
``(III) the Secretary of the Interior; and
``(iii) request from the applicable preservation officer,
the Council, and the Secretary of the Interior a concurrence
that the determination is sufficient to satisfy the
requirement of subsection (c)(1).
``(B) Concurrence.--If the applicable preservation officer,
the Council, and the Secretary of the Interior each provide a
concurrence requested under subparagraph (A)(iii), no further
analysis under subsection (a)(1) shall be required.
``(C) Publication.--A notice of a determination, together
with each relevant concurrence to that determination, under
subparagraph (A) shall be--
``(i) included in the record of decision or finding of no
significant impact of the Secretary; and
``(ii) posted on an appropriate Federal website by not
later than 3 days after the date of receipt by the Secretary
of all concurrences requested under subparagraph (A)(iii).
``(3) Aligning historical reviews.--
``(A) In general.--If the Secretary, the applicable
preservation officer, the Council, and the Secretary of the
Interior concur that no feasible and prudent alternative
exists as described in paragraph (2), the Secretary may
provide to the applicable preservation officer, the Council,
and the Secretary of the Interior notice of the intent of the
Secretary to satisfy the requirements of subsection (c)(2)
through the consultation requirements of section 306108 of
title 54.
``(B) Satisfaction of conditions.--To satisfy the
requirements of subsection (c)(2), the applicable
preservation officer, the Council, and the Secretary of the
Interior shall concur in the treatment of the applicable
historic site described in the memorandum of agreement or
programmatic agreement developed under section 306108 of
title 54.''.
SEC. 11117. BRIDGE EXEMPTION FROM CONSIDERATION UNDER CERTAIN
PROVISIONS.
(a) Preservation of Parklands.--Section 138 of title 23,
United States Code, as amended by section 11116, is amended
by adding at the end the following:
``(d) Bridge Exemption From Consideration.--A common post-
1945 concrete or steel bridge or culvert (as described in 77
Fed. Reg. 68790) that is exempt from individual review under
section 306108 of title 54, United States Code, shall be
exempt from consideration under this section.''.
(b) Policy on Lands, Wildlife and Waterfowl Refuges, and
Historic Sites.--Section 303 of title 49, United States Code,
as amended by section 11116, is amended by adding at the end
the following:
``(f) Bridge Exemption From Consideration.--A common post-
1945 concrete or steel bridge or culvert (as described in 77
Fed. Reg. 68790) that is exempt from individual review under
section 306108 of title 54, United States Code, shall be
exempt from consideration under this section.''.
SEC. 11118. ELIMINATION OF BARRIERS TO IMPROVE AT-RISK
BRIDGES.
(a) Temporary Authorization.--
(1) In general.--Until the Secretary of the Interior takes
the action described in subsection (b), the take of nesting
swallows to facilitate a construction project on a bridge
eligible for funding under title 23, United States Code, with
any component condition rating of 3 or less (as defined by
the National Bridge Inventory General Condition Guidance
issued by the Federal Highway Administration) is authorized
under the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.)
between April 1 and August 31.
(2) Measures to minimize impacts.--
(A) Notification before taking.--Prior to the taking of
nesting swallows authorized under paragraph (1), any person
taking that action shall submit to the Secretary of the
Interior a document that contains--
(i) the name of the person acting under the authority of
paragraph (1) to take nesting swallows;
(ii) a list of practicable measures that will be undertaken
to minimize or mitigate significant adverse impacts on the
population of that species;
(iii) the time period during which activities will be
carried out that will result in the taking of that species;
and
(iv) an estimate of the number of birds, by species, to be
taken in the proposed action.
(B) Notification after taking.--Not later than 60 days
after the taking of nesting swallows authorized under
paragraph (1), any person taking that action shall submit to
the Secretary of the Interior a document that contains the
number of birds, by species, taken in the action.
(b) Authorization of Take.--
(1) In general.--The Secretary of the Interior, in
consultation with the Secretary, shall promulgate a
regulation under the authority of section 3 of the Migratory
Bird Treaty Act (16 U.S.C. 704) authorizing the take of
nesting swallows to facilitate bridge repair, maintenance, or
construction--
(A) without individual permit requirements; and
(B) under terms and conditions determined to be consistent
with treaties relating to migratory birds that protect
swallow species occurring in the United States.
(2) Termination.--On the effective date of a final rule
under this subsection by the Secretary of the Interior,
subsection (a) shall have no force or effect.
(c) Suspension or Withdrawal of Take Authorization.--If the
Secretary of the Interior, in consultation with the
Secretary, determines that taking of nesting swallows carried
out under the authority provided in subsection (a)(1) is
having a significant adverse impact on swallow populations,
the Secretary of the Interior may suspend that authority
through publication in the Federal Register.
SEC. 11119. AT-RISK PROJECT PREAGREEMENT AUTHORITY.
(a) Definition of Preliminary Engineering.--In this
section, the term ``preliminary engineering'' means allowable
preconstruction project development and engineering costs.
(b) At-risk Project Preagreement Authority.--A recipient or
subrecipient of Federal-aid funds under title 23, United
States Code, may--
(1) incur preliminary engineering costs for an eligible
project under title 23, United States Code, before receiving
project authorization from the State, in the case of a
subrecipient, and the Secretary to proceed with the project;
and
(2) request reimbursement of applicable Federal funds after
the project authorization is received.
(c) Eligibility.--The Secretary may reimburse preliminary
engineering costs incurred by a recipient or subrecipient
under subsection (b)--
(1) if the costs meet all applicable requirements under
title 23, United States Code, at the time the costs are
incurred and the Secretary concurs that the requirements have
been met;
(2) in the case of a project located within a designated
nonattainment or maintenance area for air quality, if the
conformity requirements of the Clean Air Act (42 U.S.C. 7401
et seq.) have been met; and
(3) if the costs would have been allowable if incurred
after the date of the project authorization by the
Department.
(d) At-risk.--A recipient or subrecipient that elects to
use the authority provided under this section shall--
(1) assume all risk for preliminary engineering costs
incurred prior to project authorization; and
(2) be responsible for ensuring and demonstrating to the
Secretary that all applicable cost eligibility conditions are
met after the authorization is received.
(e) Restrictions.--Nothing in this section--
(1) allows a recipient or subrecipient to use the authority
under this section to advance a project beyond preliminary
engineering prior to the completion of the environmental
review process;
(2) waives the applicability of Federal requirements to a
project other than the reimbursement of preliminary
engineering costs incurred prior to an authorization to
proceed in accordance with this section; or
(3) guarantees Federal funding of the project or the
eligibility of the project for future Federal-aid highway
funding.
Subtitle C--Miscellaneous
SEC. 11201. CREDITS FOR UNTAXED TRANSPORTATION FUELS.
(a) Definition of Qualified Revenues.--In this section, the
term ``qualified revenues'' means any amounts--
(1) collected by a State--
(A) for the registration of a vehicle that operates solely
on a fuel that is not subject to a Federal tax; and
(B) not sooner than the second registration period
following the purchase of the vehicle; and
(2) that do not exceed, for a vehicle described in
paragraph (1), an annual amount determined by the Secretary
to be equal to the annual amount paid for Federal motor fuels
taxes on the fuel used by an average passenger car fueled
solely by gasoline.
(b) Credit.--
(1) In general.--Subject to paragraph (2), if a State
contributes qualified revenues to cover not less than 5
percent of the total cost of a project eligible for
assistance under this title, the Federal share payable for
the project under this section may be increased by an amount
that is--
(A) equal to the percent of the total cost of the project
from contributed qualified revenues; but
(B) not more than 5 percent of the total cost of the
project.
[[Page S5583]]
(2) Expiration.--The authorization of an increased Federal
share for a project pursuant to paragraph (1) expires on
September 30, 2023.
(c) Study.--
(1) In general.--Before the expiration date of the credit
under subsection (b)(2), the Secretary, in coordination with
other appropriate Federal agencies, shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report that describes the most
efficient and equitable means of taxing motor vehicle fuels
not subject to a Federal tax as of the date of submission of
the report.
(2) Requirement.--The means described in the report under
paragraph (1) shall parallel, as closely as practicable, the
structure of other Federal taxes on motor fuels.
SEC. 11202. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE
INTERSTATE SYSTEM.
Section 111(e) of title 23, United States Code, is amended
by inserting ``(including new or modified freeway-to-
crossroad interchanges inside a transportation management
area)'' after ``the Interstate System''.
SEC. 11203. EXEMPTIONS.
Section 127 of title 23, United States Code, is amended by
adding at the end the following:
``(m) Natural Gas Vehicles.--A vehicle, if operated by an
engine fueled primarily by natural gas, may exceed any
vehicle weight limit (up to a maximum gross vehicle weight of
82,000 pounds) under this section by an amount that is equal
to the difference between--
``(1) the weight of the vehicle attributable to the natural
gas tank and fueling system carried by that vehicle; and
``(2) the weight of a comparable diesel tank and fueling
system.
``(n) Emergency Vehicles.--
``(1) Definition of emergency vehicle.--In this subsection,
the term `emergency vehicle' means a vehicle designed to be
used under emergency conditions--
``(A) to transport personnel and equipment; and
``(B) to support the suppression of fires and mitigation of
other hazardous situations.
``(2) Emergency vehicle weight limit.--Notwithstanding
subsection (a), a State shall not enforce against an
emergency vehicle a vehicle weight limit (up to a maximum
gross vehicle weight of 86,000 pounds) of less than--
``(A) 24,000 pounds on a single steering axle;
``(B) 33,500 pounds on a single drive axle;
``(C) 62,000 pounds on a tandem axle; or
``(D) 52,000 pounds on a tandem rear drive steer axle.
``(o) Operation of Certain Specialized Vehicles on Certain
Highways in the State of Arkansas.--If any segment of United
States Route 63 between the exits for highways 14 and 75 in
the State of Arkansas is designated as part of the Interstate
System--
``(1) a vehicle that could legally operate on the segment
before the date of the designation at the posted speed limit
may continue to operate on that segment; and
``(2) a vehicle that can only travel below the posted speed
limit on the segment that could otherwise legally operate on
the segment before the date of the designation may continue
to operate on that segment during daylight hours.''.
SEC. 11204. HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY
SYSTEM.
Section 1105 of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2031) is amended--
(1) in subsection (c) (105 Stat. 2032; 119 Stat. 1213)--
(A) by striking paragraph (13) and inserting the following:
``(13) Raleigh-Norfolk Corridor from Raleigh, North
Carolina, through Rocky Mount, Williamston and Elizabeth
City, North Carolina, to Norfolk, Virginia.'';
(B) by striking paragraph (68) and inserting the following:
``(68) The Washoe County Corridor and the Intermountain
West Corridor shall generally follow:
``(A) in the case of the Washoe County Corridor, along
Interstate Route 580/United States Route 95/United States
Route 95A, from Reno, Nevada, to Las Vegas, Nevada; and
``(B) in the case of the Intermountain West Corridor, from
the vicinity of Las Vegas extending north along United States
Route 95, terminating at Interstate Route 80.''; and
(C) 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.'';
(2) in subsection (e)(5)--
(A) in subparagraph (A) (109 Stat. 597; 118 Stat. 293; 119
Stat. 1213), in the first sentence--
(i) by inserting ``subsection (c)(13),'' after ``subsection
(c)(9),'';
(ii) by striking ``subsections (c)(18)'' and all that
follows through ``(c)(36)'' and inserting ``subsection
(c)(18), subsection (c)(20), subparagraphs (A) and (B)(i) of
subsection (c)(26), subsection (c)(36)'' ; and
(iii) by striking ``and subsection (c)(57)'' and inserting
``subsection (c)(57), subsection (c)(68)(B), subsection
(c)(81), and subsection (c)(82)''; and
(B) in subparagraph (C)(i) (109 Stat. 598; 126 Stat. 427),
by striking the last sentence and inserting ``The routes
referred to in subparagraphs (A) and (B)(i) of subsection
(c)(26) and in subsection (c)(68)(B) are designated as
Interstate Route I-11.''.
SEC. 11205. REPEAT INTOXICATED DRIVER LAW.
Section 164(a)(4) of title 23, United States Code, is
amended in the matter preceding subparagraph (A) by inserting
``or combination of laws'' after ``means a State law''.
SEC. 11206. VEHICLE-TO-INFRASTRUCTURE EQUIPMENT.
(a) National Highway Performance Program.--Section
119(d)(2)(L) of title 23, United States Code, is amended by
inserting ``, including the installation of interoperable
vehicle-to-infrastructure communication equipment'' after
``capital improvements''.
(b) Surface Transportation Program.--Section 133(b)(16) of
title 23, United States Code, by inserting ``, including the
installation of interoperable vehicle-to-infrastructure
communication equipment'' after ``capital improvements''.
SEC. 11207. RELINQUISHMENT.
A State transportation agency may relinquish park-and-ride
lot facilities or portions of park-and-ride lot facilities to
a local government agency for highway purposes if authorized
to do so under State law.
SEC. 11208. TRANSFER AND SALE OF TOLL CREDITS.
(a) Definitions.--In this section, the following
definitions apply:
(1) Eligible state.--The term ``eligible State'' means a
State that--
(A) is eligible to use a credit under section 120(i) of
title 23, United States Code; and
(B) has been selected by the Secretary under subsection
(d)(2).
(2) Recipient state.--The term ``recipient State'' means a
State that receives a credit by transfer or by sale under
this section from an eligible State.
(b) Establishment of Pilot Program.--Not later than 1 year
after the date of the establishment of a nationwide toll
credit monitoring and tracking system under subsection (g),
the Secretary shall establish and implement a toll credit
marketplace pilot program in accordance with this section.
(c) Purposes.--The purposes of the pilot program
established under subsection (b) are--
(1) to identify whether a monetary value can be assigned to
toll credits;
(2) to identify the discounted rate of toll credits for
cash;
(3) to determine if the purchase of toll credits by States
provides the purchasing State budget flexibility to deal with
funding issues, including off-system needs, transit systems
with high operating costs, or cash flow issues; and
(4) to test the feasibility of expanding the toll credit
market to allow all States to participate on a permanent
basis.
(d) Selection of Eligible States.--
(1) Application to secretary.--In order to participate in
the pilot program established under subsection (b), a State
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(2) Selection.--Of the States that submit an application
under paragraph (1), the Secretary may select not more than
10 States to be designated as an eligible State.
(e) Transfer or Sale of Credits.--
(1) In general.--In carrying out the pilot program
established under subsection (b), the Secretary shall provide
that an eligible State may transfer or sell to a recipient
State a credit not used by the eligible State under section
120(i) of title 23, United States Code.
(2) Use of credits by transferee or purchaser.--A recipient
State may use a credit received under paragraph (1) toward
the non-Federal share requirement for any funds made
available to carry out title 23 or chapter 53 of title 49,
United States Code.
(3) Condition on transfer or sale of credits.--To receive a
credit under paragraph (1), a recipient State shall enter
into an agreement with the Secretary described in section
120(i) of title 23, United States Code.
(f) Use of Proceeds From Sale of Credits.--An eligible
State shall use the proceeds from the sale of a credit under
subsection (e)(1) for any project in the eligible State that
is eligible under the surface transportation program
established under section 133 of title 23, United States
Code.
(g) Toll Credit Monitoring and Tracking.--Not later than
180 days after the enactment of this section, the Secretary
shall establish a nationwide toll credit monitoring and
tracking system that functions as a real-time database on the
inventory and use of toll credits among all States (as
defined in section 101(a) of title 23, United States Code).
(h) Notification.--Not later than 30 days after the date on
which a credit is transferred or sold under subsection
(e)(1), the eligible State shall submit to the Secretary in
writing a notification of the transfer or sale.
(i) Reporting Requirements.--
(1) Initial report.--Not later than 180 days after the date
of establishment of the pilot program under subsection (b),
the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the progress of the pilot
program.
[[Page S5584]]
(2) State report.--
(A) Report by eligible state.--Not later than 30 days after
a purchase or sale under subsection (e)(1), an eligible State
shall submit to the Secretary a report that describes--
(i) information on the transaction;
(ii) the amount of cash received and the value of toll
credits sold;
(iii) the intended use of the cash; and
(iv) an update on the remaining toll credit balance of the
State.
(B) Report by recipient state.--Not later than 30 days
after a purchase or sale under subsection (e)(1), a recipient
State shall submit to the Secretary a report that describes--
(i) the value of toll credits purchased;
(ii) the anticipated use of the toll credits; and
(iii) plans for maintaining maintenance of effort for
spending on Federal-aid highways projects.
(3) Annual report.--Not later than 1 year after the date on
which the pilot program under subsection (b) is established
and each year thereafter that the pilot program is in effect,
the Secretary shall--
(A) submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
that--
(i) determines whether a toll credit marketplace is viable;
(ii) describes the buying and selling activities of the
pilot program;
(iii) describes the monetary value of toll credits;
(iv) determines whether the pilot program could be expanded
to more States or all States; and
(v) provides updated information on the toll credit balance
accumulated by each State; and
(B) make the report described in subparagraph (A) publicly
available on the website of the Department.
(j) Termination.--The Secretary may terminate the program
established under this section or the participation of any
State in the program if the Secretary determines that the
program is not serving a public benefit.
SEC. 11209. REGIONAL INFRASTRUCTURE ACCELERATOR DEMONSTRATION
PROGRAM.
(a) In General.--The Secretary shall establish a regional
infrastructure demonstration program (referred to in this
section as the ``program'') to assist entities in developing
improved infrastructure priorities and financing strategies
for the accelerated development of a project that is eligible
for funding under the TIFIA program under chapter 6 of title
23, United States Code.
(b) Designation of Regional Infrastructure Accelerators.--
In carrying out the program, the Secretary may designate
regional infrastructure accelerators that will--
(1) serve a defined geographic area; and
(2) act as a resource in the geographic area to qualified
entities in accordance with this section.
(c) Application.--To be eligible for a designation under
subsection (b), a proposed regional infrastructure
accelerator shall submit to the Secretary a proposal at such
time, in such manner, and containing such information as the
Secretary may require.
(d) Criteria.--In evaluating a proposal submitted under
subsection (c), the Secretary shall consider--
(1) the need for geographic diversity among regional
infrastructure accelerators; and
(2) the ability of the proposal to promote investment in
covered infrastructure projects, which shall include a plan--
(A) to evaluate and promote innovative financing methods
for local projects, including the use of the TIFIA program
under chapter 6 of title 23, United States Code;
(B) to build capacity of State, local, and tribal
governments to evaluate and structure projects involving the
investment of private capital;
(C) to provide technical assistance and information on best
practices with respect to financing the projects;
(D) to increase transparency with respect to infrastructure
project analysis and using innovative financing for public
infrastructure projects;
(E) to deploy predevelopment capital programs designed to
facilitate the creation of a pipeline of infrastructure
projects available for investment;
(F) to bundle smaller-scale and rural projects into larger
proposals that may be more attractive for investment; and
(G) to reduce transaction costs for public project
sponsors.
(e) Annual Report.--Not less frequently than once each
year, the Secretary shall submit to Congress a report that
describes the findings and effectiveness of the program.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the program $12,000,000, of
which the Secretary shall use--
(1) $11,750,000 for initial grants to regional
infrastructure accelerators under subsection (b); and
(2) $250,000 for administrative costs of carrying out the
program.
TITLE II--TRANSPORTATION INNOVATION
Subtitle A--Research
SEC. 12001. RESEARCH, TECHNOLOGY, AND EDUCATION.
(a) Highway Research and Development Program.--Section
503(b)(3) of title 23, United States Code, is amended--
(1) in subparagraph (C)--
(A) in clause (xviii), by striking ``and'' at the end;
(B) in clause (xix), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(xx) accelerated mobile, highway-speed, bridge inspection
methods that provide quantitative data-driven decisionmaking
capabilities without requiring lane closures; and
``(xxi) innovative segmental wall technology for soil bank
stabilization and roadway sound attenuation, and articulated
technology for hydraulic sheer-resistant erosion control.'';
and
(2) in subparagraph (D)(i), by inserting ``and section
119(e)'' after ``this subparagraph''.
(b) Technology and Innovation Deployment Program.--Section
503(c) of title 23, United States Code, is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``carry out'' and inserting ``establish and
implement'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking clause (i) and
inserting the following:
``(i) use not less than 50 percent of the funds authorized
to carry out this subsection to make grants to, and enter
into cooperative agreements and contracts with, States, other
Federal agencies, local governments, metropolitan planning
organizations, institutions of higher education, private
sector entities, and nonprofit organizations to carry out
demonstration programs that will accelerate the deployment
and adoption of transportation research activities;'';
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following:
``(C) Innovation grants.--
``(i) In general.--In carrying out the program established
under subparagraph (B)(i), the Secretary shall establish a
transparent competitive process in which entities described
in subparagraph (B)(i) may submit an application to receive a
grant under this subsection.
``(ii) Publication of application process.--A description
of the application process established by the Secretary
shall--
``(I) be posted on a public website;
``(II) identify the information required to be included in
the application; and
``(III) identify the criteria by which the Secretary shall
select grant recipients.
``(iii) Submission of application.--To receive a grant
under this paragraph, an entity described in subparagraph
(B)(i) shall submit an application to the Secretary.
``(iv) Selection and approval.--The Secretary shall select
and approve an application submitted under clause (iii) based
on whether the project described in the application meets the
goals of the program described in paragraph (1).''; and
(3) in paragraph (3)(C), by striking ``each of fiscal years
2013 through 2014'' and inserting ``each fiscal year''.
(c) Conforming Amendment.--Section 505(c)(1) of title 23,
United States Code, is amended by striking ``section
503(c)(2)(C)'' and inserting ``section 503 (c)(2)(D)''.
SEC. 12002. INTELLIGENT TRANSPORTATION SYSTEMS.
(a) Intelligent Transportation Systems Deployment.--Section
513 of title 23, United States Code, is amended by adding at
the end the following:
``(d) System Operations and ITS Deployment Grant Program.--
``(1) Establishment.--The Secretary shall establish a
competitive grant program to accelerate the deployment,
operation, systems management, intermodal integration, and
interoperability of the ITS program and ITS-enabled
operational strategies--
``(A) to measure and improve the performance of the surface
transportation system;
``(B) to reduce traffic congestion and the economic and
environmental impacts of traffic congestion;
``(C) to minimize fatalities and injuries;
``(D) to enhance mobility of people and goods;
``(E) to improve traveler information and services; and
``(F) to optimize existing roadway capacity.
``(2) Application.--To be eligible for a grant under this
subsection, an eligible entity shall submit an application to
the Secretary that includes--
``(A) a plan to deploy and provide for the long-term
operation and maintenance of intelligent transportation
systems to improve safety, efficiency, system performance,
and return on investment, such as--
``(i) autonomous vehicle communication technologies;
``(ii) vehicle-to-vehicle or vehicle-to-infrastructure
communication technologies;
``(iii) real-time integrated traffic, transit, and
multimodal transportation information;
``(iv) advanced traffic, freight, parking, and incident
management systems;
``(v) advanced technologies to improve transit and
commercial vehicle operations;
``(vi) synchronized, adaptive, and transit preferential
traffic signals;
``(vii) advanced infrastructure condition assessment
technologies; and
``(viii) other technologies to improve system operations,
including ITS applications necessary for multimodal systems
integration and for achieving performance goals;
``(B) quantifiable system performance improvements,
including--
[[Page S5585]]
``(i) reductions in traffic-related crashes, congestion,
and costs;
``(ii) optimization of system efficiency; and
``(iii) improvement of access to transportation services;
``(C) quantifiable safety, mobility, and environmental
benefit projections, including data-driven estimates of the
manner in which the project will improve the efficiency of
the transportation system and reduce traffic congestion in
the region;
``(D) a plan for partnering with the private sector,
including telecommunications industries and public service
utilities, public agencies (including multimodal and
multijurisdictional entities), research institutions,
organizations representing transportation and technology
leaders, and other transportation stakeholders;
``(E) a plan to leverage and optimize existing local and
regional ITS investments; and
``(F) a plan to ensure interoperability of deployed
technologies with other tolling, traffic management, and
intelligent transportation systems.
``(3) Selection.--
``(A) In general.--Effective beginning not later than 1
year after the date of enactment of the DRIVE Act, the
Secretary may provide grants to eligible entities under this
subsection.
``(B) Geographic diversity.--In awarding a grant under this
subsection, the Secretary shall ensure, to the maximum extent
practicable, that grant recipients represent diverse
geographical areas of the United States, including urban,
suburban, and rural areas.
``(C) Non-federal share.--In awarding a grant under the
subsection, the Secretary shall give priority to grant
recipients that demonstrate an ability to contribute a
significant non-Federal share to the cost of carrying out the
project for which the grant is received.
``(4) Eligible uses.--Projects for which grants awarded
under this subsection may be used include--
``(A) the deployment of autonomous vehicle communication
technologies;
``(B) the deployment of vehicle-to-vehicle or vehicle-to-
infrastructure communication technologies;
``(C) the establishment and implementation of ITS and ITS-
enabled operations strategies that improve performance in the
areas of--
``(i) traffic operations;
``(ii) emergency response to surface transportation
incidents;
``(iii) incident management;
``(iv) transit and commercial vehicle operations
improvements;
``(v) weather event response management by State and local
authorities;
``(vi) surface transportation network and facility
management;
``(vii) construction and work zone management;
``(viii) traffic flow information;
``(ix) freight management; and
``(x) congestion management;
``(D) carrying out activities that support the creation of
networks that link metropolitan and rural surface
transportation systems into an integrated data network,
capable of collecting, sharing, and archiving transportation
system traffic condition and performance information;
``(E) the implementation of intelligent transportation
systems and technologies that improve highway safety through
information and communications systems linking vehicles,
infrastructure, mobile devices, transportation users, and
emergency responders;
``(F) the provision of services necessary to ensure the
efficient operation and management of ITS infrastructure,
including costs associated with communications, utilities,
rent, hardware, software, labor, administrative costs,
training, and technical services;
``(G) the provision of support for the establishment and
maintenance of institutional relationships between
transportation agencies, police, emergency medical services,
private emergency operators, freight operators, shippers,
public service utilities, and telecommunications providers;
``(H) carrying out multimodal and cross-jurisdictional
planning and deployment of regional transportation systems
operations and management approaches; and
``(I) performing project evaluations to determine the
costs, benefits, lessons learned, and future deployment
strategies associated with the deployment of intelligent
transportation systems.
``(5) Report to secretary.--For each fiscal year that an
eligible entity receives a grant under this subsection, not
later than 1 year after receiving the grant, each recipient
shall submit to the Secretary a report that describes how the
project has met the expectations projected in the deployment
plan submitted with the application, including information
on--
``(A) how the program has helped reduce traffic crashes,
congestion, costs, and other benefits of the deployed
systems;
``(B) the effect of measuring and improving transportation
system performance through the deployment of advanced
technologies;
``(C) the effectiveness of providing real-time integrated
traffic, transit, and multimodal transportation information
to the public that allows the public to make informed travel
decisions; and
``(D) lessons learned and recommendations for future
deployment strategies to optimize transportation efficiency
and multimodal system performance.
``(6) Report to congress.--Not later than 2 years after the
date on which the first grant is awarded under this
subsection and annually thereafter for each fiscal year for
which grants are awarded under this subsection, the Secretary
shall submit to Congress a report that describes the
effectiveness of the grant recipients in meeting the
projected deployment plan goals, including data on how the
grant program has--
``(A) reduced traffic-related fatalities and injuries;
``(B) reduced traffic congestion and improved travel-time
reliability;
``(C) reduced transportation-related emissions;
``(D) optimized multimodal system performance;
``(E) improved access to transportation alternatives;
``(F) provided the public with access to real-time
integrated traffic, transit, and multimodal transportation
information to make informed travel decisions;
``(G) provided cost savings to transportation agencies,
businesses, and the traveling public; and
``(H) provided other benefits to transportation users and
the general public.
``(7) Additional grants.--If the Secretary determines,
based on a report submitted under paragraph (5), that a grant
recipient is not complying with the established grant
criteria, the Secretary may--
``(A) cease payment to the recipient of any remaining grant
amounts; and
``(B) redistribute any remaining amounts to other eligible
entities under this section.
``(8) Non-federal share.--The Federal share of the cost of
a project for which a grant is provided under this subsection
shall not exceed 50 percent of the cost of the project.
``(9) Funding.--Of the funds made available each fiscal
year to carry out the intelligent transportation system
program under sections 512 through 518, not less than
$30,000,000 shall be used to carry out this subsection.''.
(b) Intelligent Transportation Systems Goals and
Purposes.--Section 514(a) of title 23, United States Code, is
amended--
(1) in paragraph (4), by striking ``and'' at the end; and
(2) by striking paragraph (5) and inserting the following:
``(5) improvement of the ability of the United States to
respond to security-related or other manmade emergencies and
natural disasters; and
``(6) enhancement of the freight system of the United
States and support to freight policy goals by conducting
heavy duty vehicle demonstration activities and accelerating
adoption of ITS applications in freight operations.''.
(c) ITS Advisory Committee Report.--Section 515(h)(4) of
title 23, United States Code, is amended in the matter
preceding subparagraph (A) by striking ``February 1 of each
year after the date of enactment of the Transportation
Research and Innovative Technology Act of 2012'' and
inserting ``May 1 of each year''.
SEC. 12003. FUTURE INTERSTATE STUDY.
(a) Findings.--Congress finds that--
(1) a well-developed system of transportation
infrastructure is critical to the economic well-being,
health, and welfare of the people of the United States;
(2) the 47,000-mile national Interstate System is the
backbone to that transportation infrastructure system; and
(3) as of the date of enactment of this Act--
(A) many segments of the approximately 60- year-old
Interstate System are well beyond the 50-year design life of
the System and yet these aging facilities are central to the
transportation infrastructure system, carrying 25 percent of
the vehicle traffic of the United States on just 1 percent of
the total public roadway mileage;
(B) the need for ongoing maintenance, preservation, and
reconstruction of the Interstate System has grown due to
increasing and changing travel demands; and
(C) simple maintenance of the current condition and
configuration of the Interstate System is insufficient for
the System to fully serve the transportation needs of the
United States for the next 50 years.
(b) Future Interstate System Study.--Not later than 180
days after the date of enactment of this Act, the Secretary
shall enter into an agreement with the Transportation
Research Board of the National Academies to conduct a study
on the actions needed to upgrade and restore the Dwight D.
Eisenhower National System of Interstate and Defense Highways
to its role as a premier system network that meets the
growing and shifting demands of the 21st century and for the
next 50 years (referred to in this section as the ``study'').
(c) Methodologies.--In conducting the study, the
Transportation Research Board shall build on the
methodologies examined and recommended in the report prepared
for the American Association of State Highway and
Transportation Officials entitled ``National Cooperative
Highway Research Program Project 20-24(79): Specifications
for a National Study of the Future 3R, 4R, and Capacity Needs
of the Interstate System'' and dated December 2013.
(d) Recommendations.--The study--
(1) shall include specific recommendations regarding the
features, standards, capacity needs, application of
technologies, and intergovernmental roles to upgrade the
Interstate
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System, including any revisions to law (including
regulations) that the Transportation Research Board
determines appropriate to achieve the goals; and
(2) is encouraged to build on the robust institutional
knowledge in the highway industry in applying the techniques
involved in implementing the study.
(e) Considerations.--In carrying out the study, the
Transportation Research Board shall determine the need for
reconstruction and improvement of the Interstate System by
considering--
(1) future demands on transportation infrastructure
determined for national planning purposes, including
commercial and private traffic flows to serve future economic
activity and growth;
(2) the expected condition of the current Interstate System
over the next 50 years, including long-term deterioration and
reconstruction needs;
(3) those National Highway System routes that should be
added to the existing Interstate System to more efficiently
serve national traffic flows;
(4) features that would take advantage of technological
capabilities to address modern standards of construction,
maintenance, and operations, for purposes of safety, and
system management, taking into further consideration system
performance and cost; and
(5) the resources necessary to maintain and improve the
Interstate System, including the resources required to
upgrade those National Highway System routes identified in
paragraph (3) to Interstate standards.
(f) Consultation.--In carrying out the study, the
Transportation Research Board--
(1) shall convene and consult with a panel of national
experts including current and future owners, operators, and
users of the Interstate System and private sector
stakeholders; and
(2) is encouraged to consult with--
(A) the Federal Highway Administration;
(B) States;
(C) planning agencies at the metropolitan, State, and
regional levels;
(D) the motor carrier industry;
(E) freight shippers;
(F) highway safety groups; and
(G) other appropriate entities.
(g) Report.--Not later than 3 years after the date of
enactment of this Act, the Transportation Research Board
shall submit to the Secretary, the Committee on Environment
and Public Works of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the results of the study
conducted under this section.
(h) Funding.--From amounts authorized to carry out the
Highway Research and Development Program, the Secretary shall
use up to $5,000,000 for fiscal year 2016 to carry out this
section.
SEC. 12004. RESEARCHING SURFACE TRANSPORTATION SYSTEM FUNDING
ALTERNATIVES.
(a) In General.--The Secretary shall promote the research
of user-based alternative revenue mechanisms that preserve a
user fee structure to maintain the long-term solvency of the
Highway Trust Fund.
(b) Objectives.--The objectives of the research described
in subsection (a) shall be--
(1) to study uncertainties relating to the design,
acceptance, and implementation of 2 or more future user-based
alternative revenue mechanisms;
(2) to define the functionality of those user-based
alternative revenue mechanisms;
(3) to conduct or promote research activities to
demonstrate and test those user-based alternative revenue
mechanisms, including by conducting field trials, by
partnering with individual States, groups of States, or other
appropriate entities to conduct the research activities;
(4) to conduct outreach to increase public awareness
regarding the need for alternative funding sources for
surface transportation programs and provide information on
possible approaches;
(5) to provide recommendations regarding adoption and
implementation of those user-based alternative revenue
mechanisms; and
(6) to minimize the administrative cost of any potential
user-based alternative revenue mechanisms.
(c) Grants.--The Secretary shall provide grants to
individual States, groups of States, or other appropriate
entities to conduct research that addresses--
(1) the implementation, interoperability, public
acceptance, and other potential hurdles to the adoption of a
user-based alternative revenue mechanism;
(2) the protection of personal privacy;
(3) the use of independent and private third-party vendors
to collect fees and operate the user-based alternative
revenue mechanism;
(4) equity concerns, including the impacts of the user-
based alternative revenue mechanism on differing income
groups, various geographic areas, and the relative burdens on
rural and urban drivers;
(5) ease of compliance for different users of the
transportation system;
(6) the reliability and security of technology used to
implement the user-based alternative revenue mechanism;
(7) the flexibility and choices of user-based alternative
revenue mechanisms, including the ability of users to select
from various technology and payment options;
(8) the cost of administering the user-based alternative
revenue mechanism; and
(9) the ability of the administering entity to audit and
enforce user compliance.
(d) Advisory Council.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of the Treasury, shall establish and lead a
Surface Transportation Revenue Alternatives Advisory Council
(referred to in this subsection as the ``Council'') to inform
the selection and evaluation of user-based alternative
revenue mechanisms.
(2) Membership.--
(A) In general.--The members of the Council shall--
(i) be appointed by the Secretary; and
(ii) include, at a minimum--
(I) representatives with experience in user-based
alternative revenue mechanisms, of which--
(aa) not fewer than 1 shall be from the Department;
(bb) not fewer than 1 shall be from the Department of the
Treasury; and
(cc) not fewer than 2 shall be from State departments of
transportation;
(II) representatives from applicable users of the surface
transportation system; and
(III) appropriate technology and public privacy experts.
(B) Geographic considerations.--The Secretary shall
consider geographic diversity when selecting members under
this paragraph.
(3) Functions.--Not later than 1 year after the date on
which the Council is established, the Council shall, at a
minimum--
(A) define the functionality of 2 or more user-based
alternative revenue mechanisms;
(B) identify technological, administrative, institutional,
privacy, and other issues that--
(i) are associated with the user-based alternative revenue
mechanisms; and
(ii) may be researched through research activities;
(C) conduct public outreach to identify and assess
questions and concerns about the user-based alternative
revenue mechanisms for future evaluation through research
activities; and
(D) provide recommendations to the Secretary on the process
and criteria used for selecting research activities under
subsection (c).
(4) Evaluations.--The Council shall conduct periodic
evaluations of the research activities that have received
assistance from the Secretary under this section.
(5) Applicability of federal advisory committee act.--The
Council shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
(e) Biennial Reports.--Not later than 2 years after the
date of enactment of this Act, and every 2 years thereafter
until the completion of the research activities under this
section, the Secretary shall submit to the Secretary of the
Treasury, the Committee on Finance and the Committee on
Environment and Public Works of the Senate, and the Committee
on Ways and Means and the Committee on Transportation and
Infrastructure of the House of Representatives a report
describing the progress of the research activities.
(f) Final Report.--On the completion of the research
activities under this section, the Secretary and the
Secretary of the Treasury, acting jointly, shall submit to
the Committee on Finance and the Committee on Environment and
Public Works of the Senate and the Committee on Ways and
Means and the Committee on Transportation and Infrastructure
of the House of Representatives a report describing the
results of the research activities and any recommendations.
(g) Funding.--Of the funds authorized to carry out section
503(b) of title 23, United States Code--
(1) $15,000,000 shall be used to carry out this section in
fiscal year 2016; and
(2) $20,000,000 shall be used to carry out this section in
each of fiscal years 2017 through 2021.
Subtitle B--Data
SEC. 12101. TRIBAL DATA COLLECTION.
Section 201(c)(6) of title 23, United States Code, is
amended by adding at the end the following:
``(C) Tribal data collection.--In addition to the data to
be collected under subparagraph (A), not later than 90 days
after the end of each fiscal year, any entity carrying out a
project under the tribal transportation program under section
202 shall submit to the Secretary and the Secretary of
Interior, based on obligations and expenditures under the
tribal transportation program during the preceding fiscal
year, the following data:
``(i) The names of projects or activities carried out by
the entity under the tribal transportation program during the
preceding fiscal year.
``(ii) A description of the projects or activities
identified under clause (i).
``(iii) The current status of the projects or activities
identified under clause (i).
``(iv) An estimate of the number of jobs created and the
number of jobs retained by the projects or activities
identified under clause (i).''.
SEC. 12102. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.
(a) Performance Management Data Support.--The Administrator
of the Federal Highway Administration shall develop, use, and
maintain data sets and data analysis tools to assist
metropolitan planning organizations, States, and the Federal
Highway Administration in carrying out performance
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management analyses (including the performance management
requirements under section 150 of title 23, United States
Code).
(b) Inclusions.--The data analysis activities authorized
under subsection (a) may include--
(1) collecting and distributing vehicle probe data
describing traffic on Federal-aid highways;
(2) collecting household travel behavior data to assess
local and cross-jurisdictional travel, including to
accommodate external and through travel;
(3) enhancing existing data collection and analysis tools
to accommodate performance measures, targets, and related
data, so as to better understand trip origin and destination,
trip time, and mode;
(4) enhancing existing data analysis tools to improve
performance predictions and travel models in reports
described in section 150(e) of title 23, United States Code;
and
(5) developing tools--
(A) to improve performance analysis; and
(B) to evaluate the effects of project investments on
performance.
(c) Funding.--From amounts authorized to carry out the
Highway Research and Development Program, the Administrator
may use up to $10,000,000 for each of fiscal years 2016
through 2021 to carry out this section.
Subtitle C--Transparency and Best Practices
SEC. 12201. EVERY DAY COUNTS INITIATIVE.
(a) In General.--It is in the national interest for the
Department, State departments of transportation, and all
other recipients of Federal transportation funds--
(1) to identify, accelerate, and deploy innovation aimed at
shortening project delivery, enhancing the safety of the
roadways of the United States, and protecting the
environment;
(2) to ensure that the planning, design, engineering,
construction, and financing of transportation projects is
done in an efficient and effective manner;
(3) to promote the rapid deployment of proven solutions
that provide greater accountability for public investments
and encourage greater private sector involvement; and
(4) to create a culture of innovation within the highway
community.
(b) Every Day Counts Initiative.--To advance the policy
described in subsection (a), the Administrator of the Federal
Highway Administration (referred to in this section as the
``Administrator'') shall continue the Every Day Counts
initiative to work with States, local transportation
agencies, and industry stakeholders to identify and deploy
proven innovative practices and products that--
(1) accelerate innovation deployment;
(2) shorten the project delivery process;
(3) improve environmental sustainability;
(4) enhance roadway safety; and
(5) reduce congestion.
(c) Innovation Deployment.--
(1) In general.--At least every 2 years, the Administrator
shall work collaboratively with stakeholders to identify a
new collection of innovations, best practices, and data to be
deployed to highway stakeholders through case studies,
webinars, and demonstration projects.
(2) Requirements.--In identifying a collection described in
paragraph (1), the Secretary shall take into account market
readiness, impacts, benefits, and ease of adoption of the
innovation or practice.
(d) Publication.--Each collection identified under
subsection (c) shall be published by the Administrator on a
publicly available website.
SEC. 12202. DEPARTMENT OF TRANSPORTATION PERFORMANCE
MEASURES.
(a) Performance Measures.--Not later than 1 year after the
date of enactment of this Act, the Secretary, in coordination
with the heads of other Federal agencies with responsibility
for the review and approval of projects funded under title
23, United States Code, shall measure and report on--
(1) the progress made toward aligning Federal reviews of
projects funded under title 23, United States Code, and the
improvement of project delivery associated with those
projects; and
(2) as applicable, the effectiveness of the Department in
achieving the goals described in section 150(b) of title 23,
United States Code, through discretionary programs.
(b) Report.--Not later than 2 years after the date of
enactment of this Act and biennially thereafter, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report describing the results of the
evaluation conducted under subsection (a).
(c) Inspector General Report.--Not later than 3 years after
the date of enactment of this Act, the Inspector General of
the Department shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report describing the results of the
evaluation conducted under subsection (a).
SEC. 12203. GRANT PROGRAM FOR ACHIEVEMENT IN TRANSPORTATION
FOR PERFORMANCE AND INNOVATION.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity''
includes--
(A) a State;
(B) a unit of local government;
(C) a tribal organization (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b)); and
(D) a metropolitan planning organization.
(2) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory (as defined in section 165(c)(1) of
title 23, United States Code).
(b) Establishment of Program.--The Secretary shall
establish a competitive grant program to reward--
(1) achievement in transportation performance management;
and
(2) the implementation of strategies that achieve
innovation and efficiency in surface transportation.
(c) Purpose.--The purpose of the program under this section
shall be to reward entities for the implementation of
policies and procedures that--
(1) support performance-based management of the surface
transportation system and improve transportation outcomes; or
(2) use innovative technologies and practices that improve
the efficiency and performance of the surface transportation
system.
(d) Application.--
(1) In general.--An eligible entity may submit to the
Secretary an application for a grant under this section.
(2) Contents.--An application under paragraph (1) shall
indicate the means by which the eligible entity has met the
requirements and purpose of the program under this section,
including by--
(A) establishing, and making progress toward achieving,
performance targets that exceed the requirements of title 23,
United States Code;
(B) using innovative techniques and practices that enhance
the effective movement of people, goods, and services, such
as technologies that reduce construction time, improve
operational efficiencies, and extend the service life of
highways and bridges; and
(C) employing transportation planning tools and procedures
that improve transparency and the development of
transportation investment strategies within the jurisdiction
of the eligible entity.
(e) Evaluation Criteria.--In awarding a grant under this
section, the Secretary shall take into consideration the
extent to which the application of the applicable eligible
entity under subsection (d)--
(1) demonstrates performance in meeting the requirements of
subsection (c); and
(2) promotes the national goals described in section 150(b)
of title 23, United States Code.
(f) Eligible Activities.--Amounts made available to carry
out this section shall be used for projects eligible for
funding under--
(1) title 23, United States Code; or
(2) chapter 53 of title 49, United States Code.
(g) Limitation.--The amount of a grant under this section
shall be not more than $15,000,000.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated out
of the general fund of the Treasury to carry out this section
$150,000,000 for each of fiscal years 2016 through 2021, to
remain available until expended.
(2) Administrative costs.--The Secretary shall withhold a
reasonable amount of funds made available under paragraph (1)
for administration of the program under this section, not to
exceed 3 percent of the amount appropriated for each
applicable fiscal year.
(i) Applicability of Requirements.--Amounts made available
under this section shall be administered as if the funds were
apportioned under chapter 1 of title 23, United States Code.
SEC. 12204. HIGHWAY TRUST FUND TRANSPARENCY AND
ACCOUNTABILITY.
(a) In General.--Section 104 of title 23, United States
Code, is amended by striking subsection (g) and inserting the
following:
``(g) Highway Trust Fund Transparency and Accountability
Report.--
``(1) Publicly available report.--Not later than 180 days
after the date of enactment of the DRIVE Act and quarterly
thereafter, the Secretary shall compile data in accordance
with this subsection on the use of Federal-aid highway
program funds made available under this title.
``(2) Requirements.--The Secretary shall ensure that the
reports required under this subsection are made available in
a user-friendly manner on the public website of the
Department of Transportation and can be searched and
downloaded by users of the website.
``(3) Contents of report.--
``(A) Apportioned and allocated programs.--For each fiscal
year, the report shall include comprehensive data for each
program, organized by State, that includes--
``(i) the total amount of funds available for obligation,
identifying the unobligated balance of funds available at the
end of the preceding fiscal year and new funding available
for the current fiscal year;
``(ii) the total amount of funding obligated during the
current fiscal year;
``(iii) the remaining amount of funds available for
obligation;
``(iv) changes in the obligated, unexpended balance during
the current fiscal year, including the obligated, unexpended
balance at the end of the preceding fiscal year and current
fiscal year expenditures; and
``(v) the percentage of the total amount of obligations for
the current fiscal year used
[[Page S5588]]
for construction and the total amount obligated during the
current fiscal year for rehabilitation.
``(B) Project data.--To the maximum extent practicable, the
report shall include project-specific data, including data
describing--
``(i) the specific location of a project;
``(ii) whether the project is located in an area of the
State with a population of--
``(I) less than 5,000 individuals;
``(II) 5,000 or more individuals but less than 50,000
individuals; or
``(III) 50,000 or more individuals;
``(iii) the total cost of the project;
``(iv) the amount of Federal funding being used on the
project;
``(v) the 1 or more programs from which Federal funds are
obligated on the project;
``(vi) the type of improvement being made, such as
categorizing the project as--
``(I) a road reconstruction project;
``(II) a new road construction project;
``(III) a new bridge construction project;
``(IV) a bridge rehabilitation project; or
``(V) a bridge replacement project; and
``(vii) the ownership of the highway or bridge.
``(C) Transfers between programs.--The report shall include
a description of the amount of funds transferred between
programs by each State under section 126.''.
(b) Conforming Amendment.--Section 1503 of MAP-21 (23
U.S.C. 104 note; Public Law 112-141) is amended by striking
subsection (c).
SEC. 12205. REPORT ON HIGHWAY TRUST FUND ADMINISTRATIVE
EXPENDITURES.
(a) Initial Report.--Not later than 150 days after the date
of enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report describing
the administrative expenses of the Federal Highway
Administration funded from the Highway Trust Fund during the
3 most recent fiscal years.
(b) Updates.--Not later than 5 years after the date on
which the report is submitted under subsection (a) and every
5 years thereafter, the Comptroller General shall submit to
Congress a report that updates the information provided in
the report under that subsection for the preceding 5-year
period.
(c) Inclusions.--Each report submitted under subsection (a)
or (b) shall include a description of the--
(1) types of administrative expenses of programs and
offices funded by the Highway Trust Fund;
(2) tracking and monitoring of administrative expenses;
(3) controls in place to ensure that funding for
administrative expenses is used as efficiently as
practicable; and
(4) flexibility of the Department to reallocate amounts
from the Highway Trust Fund between full-time equivalent
employees and other functions.
SEC. 12206. AVAILABILITY OF REPORTS.
(a) In General.--The Secretary shall make available to the
public on the website of the Department any report required
to be submitted by the Secretary to Congress after the date
of enactment of this Act.
(b) Deadline.--Each report described in subsection (a)
shall be made available on the website not later than 30 days
after the report is submitted to Congress.
SEC. 12207. PERFORMANCE PERIOD ADJUSTMENT.
(a) National Highway Performance Program.--Section 119 of
title 23, United States Code, is amended--
(1) in subsection (e)(7), by striking ``for 2 consecutive
reports submitted under this paragraph shall include in the
next report submitted'' and inserting ``shall include as part
of the performance target report under section 150(e)''; and
(2) in subsection (f)(1)(A), by striking ``If, during 2
consecutive reporting periods, the condition of the
Interstate System, excluding bridges on the Interstate
System, in a State falls'' and inserting ``If a State reports
that the condition of the Interstate System, excluding
bridges on the Interstate System, has fallen''.
(b) Highway Safety Improvement Program.--Section 148(i) of
title 23, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``performance targets of the State established under section
150(d) by the date that is 2 years after the date of the
establishment of the performance targets'' and inserting
``safety performance targets of the State established under
section 150(d)''; and
(2) in paragraphs (1) and (2), by inserting ``safety''
before ``performance targets'' each place it appears.
SEC. 12208. DESIGN STANDARDS.
(a) In General.--Section 109 of title 23, United States
Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``may take into account'' and inserting ``shall consider'';
and
(ii) in subparagraph (C), by striking ``access for'' and
inserting ``access and safety for''; and
(B) in paragraph (2)--
(i) in subparagraph (C), by striking ``and'' at the end;
(ii) by redesignating subparagraph (D) as subparagraph (F);
and
(iii) by inserting after subparagraph (C) the following:
``(D) the publication entitled `Highway Safety Manual' of
the American Association of State Highway and Transportation
Officials;
``(E) the publication entitled `Urban Street Design Guide'
of the National Association of City Transportation Officials;
and''; 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 local jurisdiction
may use a roadway design guide that is different from the
roadway design guide used by the State in which the local
jurisdiction is located for the design of projects on all
roadways under the ownership of the local jurisdiction (other
than a highway on the Interstate System) if--
(1) the local jurisdiction is the project sponsor;
(2) the roadway design guide--
(A) is recognized by the Federal Highway Administration;
and
(B) is adopted by the local jurisdiction; and
(3) the design complies with all other applicable Federal
laws.
TITLE III--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF
1998 AMENDMENTS
SEC. 13001. TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION ACT OF 1998 AMENDMENTS.
(a) Definitions.--Section 601(a) of title 23, United States
Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``In this chapter, the'' and inserting
``The''; and
(B) by inserting ``to sections 601 through 609'' after
``apply'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) capitalizing a rural projects fund using the proceeds
of a secured loan made to a State infrastructure bank in
accordance with sections 602 and 603, for the purpose of
making loans to sponsors of rural infrastructure projects in
accordance with section 610.'';
(3) in paragraph (3), by striking ``this chapter'' and
inserting ``the TIFIA program'';
(4) in paragraph (10)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``related'' before ``projects''; and
(ii) by striking ``(which shall receive an investment grade
rating from a rating agency)'';
(B) in subparagraph (A), by striking ``subject to the
availability of future funds being made available to carry
out this chapter;'' and inserting ``subject to--
``(i) the availability of future funds being made available
to carry out the TIFIA program; and
``(ii) the satisfaction of all of the conditions for the
provision of credit assistance under the TIFIA program,
including section 603(b)(1);''; and
(C) in subparagraph (D)--
(i) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively;
(ii) by inserting after clause (i) the following:
``(ii) receiving an investment grade rating from a rating
agency;'';
(iii) in clause (iii) (as so redesignated), by striking
``section 602(c)'' and inserting ``including sections 602(c)
and 603(b)(1)''; and
(iv) in clause (iv) (as so redesignated), by striking
``this chapter'' and inserting ``the TIFIA program'';
(5) in paragraph (12)--
(A) in subparagraph (D)(iv), by striking the period at the
end and inserting ``; and''; and
(B) by adding at the end the following:
``(E) a project to improve or construct public
infrastructure that is located within walking distance of,
and accessible to, a fixed guideway transit facility,
passenger rail station, intercity bus station, or intermodal
facility, including a transportation, public utility, and
capital project described in section 5302(3)(G)(v) of title
49, and related infrastructure;
``(F) a project for the acquisition of plant and wildlife
habitat pursuant to a conservation plan that--
``(i) has been approved by the Secretary of the Interior
pursuant to section 10 of the Endangered Species Act of 1973
(16 U.S.C. 1539); and
``(ii) as determined by the Secretary of the Interior,
would mitigate the environmental impacts of transportation
infrastructure projects otherwise eligible for assistance
under the TIFIA program; and
``(G) the capitalization of a rural projects fund by a
State infrastructure bank with the proceeds of a secured loan
made in accordance with sections 602 and 603, for the purpose
of making loans to sponsors of rural infrastructure projects
in accordance with section 610.'';
(6) in paragraph (15), by striking ``means'' and all that
follows through the period at the end and inserting ``means a
surface transportation infrastructure project located in an
area that is outside of an urbanized area with a population
greater than 150,000 individuals, as determined by the Bureau
of the Census.'';
(7) by redesignating paragraphs (16), (17), (18), (19), and
(20) as paragraphs (17), (18), (20), (21), and (22),
respectively;
(8) by inserting after paragraph (15) the following:
``(16) Rural projects fund.--The term `rural projects fund'
means a fund--
[[Page S5589]]
``(A) established by a State infrastructure bank in
accordance with section 610(d)(4);
``(B) capitalized with the proceeds of a secured loan made
to the bank in accordance with sections 602 and 603; and
``(C) for the purpose of making loans to sponsors of rural
infrastructure projects in accordance with section 610.'';
(9) by inserting after paragraph (18) (as redesignated) the
following:
``(19) State infrastructure bank.--The term `State
infrastructure bank' means an infrastructure bank established
under section 610.''; and
(10) in paragraph (22) (as redesignated), by inserting
``established under sections 602 through 609'' after
``Department''.
(b) Determination of Eligibility and Project Selection.--
Section 602 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``this chapter'' and inserting ``the TIFIA
program'';
(B) in paragraph (2)(A), by striking ``this chapter'' and
inserting ``the TIFIA program'';
(C) in paragraph (3), by striking ``this chapter'' and
inserting ``the TIFIA program'';
(D) in paragraph (5)--
(i) by striking the heading and inserting ``Eligible
project cost parameters.--'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking
``subparagraph (B), to be eligible for assistance under this
chapter, a project'' and inserting ``subparagraphs (B) and
(C), a project under the TIFIA program'';
(II) by striking clause (i) and inserting the following:
``(i) $50,000,000; and''; and
(III) in clause (ii), by striking ``assistance''; and
(iii) in subparagraph (B)--
(I) by striking the subparagraph designation and heading
and all that follows through ``In the case'' and inserting
the following:
``(B) Exceptions.--
``(i) Intelligent transportation systems.--In the case'';
and
(II) by adding at the end the following:
``(ii) Transit-oriented development projects.--In the case
of a project described in section 601(a)(12)(E), eligible
project costs shall be reasonably anticipated to equal or
exceed $10,000,000.
``(iii) Rural projects.--In the case of a rural
infrastructure project or a project capitalizing a rural
projects fund, eligible project costs shall be reasonably
anticipated to equal or exceed $10,000,000, but not to exceed
$100,000,000.
``(iv) Local infrastructure projects.--Eligible project
costs shall be reasonably anticipated to equal or exceed
$10,000,000 in the case of projects or programs of projects--
``(I) in which the applicant is a local government, public
authority, or instrumentality of local government;
``(II) located on a facility owned by a local government;
or
``(III) for which the Secretary determines that a local
government is substantially involved in the development of
the project.'';
(E) in paragraph (9), in the matter preceding subparagraph
(A), by striking ``this chapter'' and inserting ``the TIFIA
program''; and
(F) in paragraph (10)--
(i) by striking ``To be eligible'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
to be eligible'';
(ii) by striking ``this chapter'' each place it appears and
inserting ``the TIFIA program'';
(iii) by striking ``not later than'' and inserting ``no
later than''; and
(iv) by adding at the end the following:
``(B) Rural projects fund.--In the case of a project
capitalizing a rural projects fund, the State infrastructure
bank shall demonstrate, not later than 2 years after the date
on which a secured loan is obligated for the project under
the TIFIA program, that the bank has executed a loan
agreement with a borrower for a rural infrastructure project
in accordance with section 610. After the demonstration is
made, the bank may draw upon the secured loan. At the end of
the 2-year period, to the extent the bank has not used the
loan commitment, the Secretary may extend the term of the
loan or withdraw the loan commitment.'';
(2) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) Master credit agreements.--
``(A) Program of related projects.--The Secretary may enter
into a master credit agreement for a program of related
projects secured by a common security pledge on terms
acceptable to the Secretary.
``(B) Adequate funding not available.--If the Secretary
fully obligates funding to eligible projects for a fiscal
year and adequate funding is not available to fund a credit
instrument, a project sponsor of an eligible project may
elect to enter into a master credit agreement and wait to
execute a credit instrument until the fiscal year for which
additional funds are available to receive credit
assistance.'';
(3) in subsection (c)(1), in the matter preceding
subparagraph (A), by striking ``this chapter'' and inserting
``the TIFIA program''; and
(4) in subsection (e), by striking ``this chapter'' and
inserting ``the TIFIA program''.
(c) Secured Loan Terms and Limitations.--Section 603(b) of
title 23, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``The amount of'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
the amount of''; and
(B) by adding at the end the following:
``(B) Rural projects fund.--In the case of a project
capitalizing a rural projects fund, the maximum amount of a
secured loan made to a State infrastructure bank shall be
determined in accordance with section 602(a)(5)(B)(iii).'';
(2) in paragraph (3)(A)(i)--
(A) in subclause (III), by striking ``or'' at the end;
(B) in subclause (IV), by striking ``and'' at the end and
inserting ``or''; and
(C) by adding at the end the following:
``(V) in the case of a secured loan for a project
capitalizing a rural projects fund, any other dedicated
revenue sources available to a State infrastructure bank,
including repayments from loans made by the bank for rural
infrastructure projects; and'';
(3) in paragraph (4)(B)--
(A) in clause (i), by striking ``under this chapter'' and
inserting ``or a rural projects fund under the TIFIA
program''; and
(B) in clause (ii), by inserting ``and rural project
funds'' after ``rural infrastructure projects'';
(4) in paragraph (5)--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately;
(B) in the matter preceding subparagraph (A), by striking
``The final'' and inserting the following:
``(A) In general.--Except as provided in subparagraph (B),
the final''; and
(C) by adding at the end the following:
``(B) Rural projects fund.--In the case of a project
capitalizing a rural projects fund, the final maturity date
of the secured loan shall not exceed 35 years after the date
on which the secured loan is obligated.'';
(5) in paragraph (8), by striking ``this chapter'' and
inserting ``the TIFIA program''; and
(6) in paragraph (9)--
(A) by striking ``The total Federal assistance provided on
a project receiving a loan under this chapter'' and inserting
the following:
``(A) In general.--The total Federal assistance provided
for a project receiving a loan under the TIFIA program''; and
(B) by adding at the end the following:
``(B) Rural projects fund.--A project capitalizing a rural
projects fund shall satisfy clause (i) through compliance
with the Federal share requirement described in section
610(e)(3)(B).''.
(d) Program Administration.--Section 605 of title 23,
United States Code, is amended--
(1) by striking ``this chapter'' each place it appears and
inserting ``the TIFIA program''; and
(2) by adding at the end the following:
``(f) Assistance to Small Projects.--
``(1) Reservation of funds.--Of the funds made available to
carry out the TIFIA program for each fiscal year, and after
the set-aside under section 608(a)(6), not less than
$2,000,000 shall be made available for the Secretary to use
in lieu of fees collected under subsection (b) for projects
under the TIFIA program having eligible project costs that
are reasonably anticipated not to equal or exceed
$75,000,000.
``(2) Release of funds.--Any funds not used under paragraph
(1) shall be made available on October 1 of the following
fiscal year to provide credit assistance to any project under
the TIFIA program.''.
(e) State and Local Permits.--Section 606 of title 23,
United States Code, is amended in the matter preceding
paragraph (1) by striking ``this chapter'' and inserting
``the TIFIA program''.
(f) Regulations.--Section 607 of title 23, United States
Code, is amended by striking ``this chapter'' and inserting
``the TIFIA program''.
(g) Funding.--Section 608 of title 23, United States Code,
is amended--
(1) by striking ``this chapter'' each place it appears and
inserting ``the TIFIA program''; and
(2) in subsection (a)--
(A) in paragraph (2), by inserting ``of'' after ``504(f)'';
(B) in paragraph (3)--
(i) in subparagraph (A), by inserting ``or rural projects
funds'' after ``rural infrastructure projects''; and
(ii) in subparagraph (B), by inserting ``or rural projects
funds'' after ``rural infrastructure projects''; and
(C) in paragraph (6), by striking ``0.50 percent'' and
inserting ``1.5 percent''.
(h) Reports to Congress.--Section 609 of title 23, United
States Code, is amended by striking ``this chapter (other
than section 610)'' each place it appears and inserting ``the
TIFIA program''.
(i) State Infrastructure Bank Program.--Section 610 of
title 23, United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(11) Rural infrastructure project.--The term `rural
infrastructure project' has the meaning given the term in
section 601.
``(12) Rural projects fund.--The term `rural projects fund'
has the meaning given the term in section 601.'';
(2) in subsection (d)--
(A) in paragraph (1)(A), by striking ``each of fiscal
years'' and all that follows through
[[Page S5590]]
the end of subparagraph (A) and inserting ``each fiscal year
under each of paragraphs (1), (2), and (5) of section 104(b);
and'';
(B) in paragraph (2), by striking ``in each of fiscal years
2005 through 2009'' and inserting ``in each fiscal year'';
(C) in paragraph (3), by striking ``in each of fiscal years
2005 through 2009'' and inserting ``in each fiscal year'';
(D) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively;
(E) by inserting after paragraph (3) the following:
``(4) Rural projects fund.--Subject to subsection (j), the
Secretary may permit a State entering into a cooperative
agreement under this section to establish a State
infrastructure bank to deposit into the rural projects fund
of the bank the proceeds of a secured loan made to the bank
in accordance with section 602 and 603.''; and
(F) in paragraph (6) (as redesignated), by striking
``section 133(d)(3)'' and inserting ``section
133(d)(1)(A)(i)'';
(3) by striking subsection (e) and inserting the following:
``(e) Forms of Assistance From State Infrastructure
Banks.--
``(1) In general.--A State infrastructure bank established
under this section may--
``(A) with funds deposited into the highway account,
transit account, or rail account of the bank, make loans or
provide other forms of credit assistance to a public or
private entity to carry out a project eligible for assistance
under this section; and
``(B) with funds deposited into the rural projects fund,
make loans to a public or private entity to carry out a rural
infrastructure project.
``(2) Subordination of loan.--The amount of a loan or other
form of credit assistance provided for a project described in
paragraph (1) may be subordinated to any other debt financing
for the project.
``(3) Maximum amount of assistance.--A State infrastructure
bank established under this section may--
``(A) with funds deposited into the highway account,
transit account, or rail account, make loans or provide other
forms of credit assistance to a public or private entity in
an amount up to 100 percent of the cost of carrying out a
project eligible for assistance under this section; and
``(B) with funds deposited into the rural projects fund,
make loans to a public or private entity in an amount not to
exceed 80 percent of the cost of carrying out a rural
infrastructure project.
``(4) Initial assistance.--Initial assistance provided with
respect to a project from Federal funds deposited into a
State infrastructure bank under this section may not be made
in the form of a grant.'';
(4) in subsection (g)--
(A) in paragraph (1), by striking ``each account'' and
inserting ``the highway account, the transit account, and the
rail account''; and
(B) in paragraph (4), by inserting ``, except that any loan
funded from the rural projects fund of the bank shall bear
interest at or below the interest rate charged for the TIFIA
loan provided to the bank under section 603'' after
``feasible''; and
(5) in subsection (k), by striking ``For each of fiscal
years 2005 through 2009'' and inserting ``For each fiscal
year''.
TITLE IV--TECHNICAL CORRECTIONS
SEC. 14001. TECHNICAL CORRECTIONS.
(a) Section 101(a)(29) of title 23, United States Code, is
amended--
(1) in subparagraph (B), by inserting a comma after
``disabilities''; and
(2) in subparagraph (F)(i), by striking ``133(b)(11)'' and
inserting ``133(b)(14)''.
(b) Section 119(d)(1)(A) of title 23, United States Code,
is amended by striking ``mobility,'' and inserting
``congestion reduction, system reliability,''.
(c) Section 126(b) of title 23, United States Code (as
amended by section 11014(b)), is amended by striking
``133(d)'' and inserting ``133(d)(1)(A)''.
(d) Section 127(a)(3) of title 23, United States Code, is
amended by striking ``118(b)(2) of this title'' and inserting
``118(b)''.
(e) Section 150(c)(3)(B) of title 23, United States Code,
is amended by striking the semicolon at the end and inserting
a period.
(f) Section 153(h)(2) of title 23, United States Code, is
amended by striking ``paragraphs (1) through (3)'' and
inserting ``paragraphs (1), (2), and (4)''.
(g) Section 163(f)(2) of title 23, United States Code, is
amended by striking ``118(b)(2)'' and inserting ``118(b)''.
(h) Section 165(c)(7) of title 23, United States Code, is
amended by striking ``paragraphs (2), (4), (7), (8), (14),
and (19)'' and inserting ``paragraphs (2), (4), (6), (7), and
(14)''.
(i) Section 202(b)(3) of title 23, United States Code, is
amended--
(1) in subparagraph (A)(i), in the matter preceding
subclause (I), by inserting ``(a)(6),'' after
``subsections''; and
(2) in subparagraph (C)(ii)(IV), by striking ``(III).]''
and inserting ``(III).''.
(j) Section 217(a) of title 23, United States Code, is
amended by striking ``104(b)(3)'' and inserting
``104(b)(4)''.
(k) Section 327(a)(2)(B)(iii) of title 23, United States
Code, is amended by striking ``(42 U.S.C. 13 4321 et seq.)''
and inserting ``(42 U.S.C. 4321 et seq.)''.
(l) Section 504(a)(4) of title 23, United States Code, is
amended by striking ``104(b)(3)'' and inserting
``104(b)(2)''.
(m) Section 515 of title 23, United States Code, is amended
by striking ``this chapter'' each place it appears and
inserting ``sections 512 through 518''.
(n) Section 518(a) of title 23, United States Code, is
amended by inserting ``a report'' after ``House of
Representatives''.
(o) Section 6302(b)(3)(B)(vi)(III) of title 49, United
States Code, is amended by striking ``6310'' and inserting
``6309''.
(p) Section 1301(l)(3) of SAFETEA-LU (23 U.S.C. 101 note;
Public Law 109-59) is amended--
(1) in subparagraph (A)(i), by striking ``complied'' and
inserting ``compiled''; and
(2) in subparagraph (B), by striking ``paragraph (1)'' and
inserting ``subparagraph (A)''.
(q) Section 4407 of SAFETEA-LU (Public Law 109-59; 119
Stat. 1777), is amended by striking ``hereby enacted into
law'' and inserting ``granted''.
(r) Section 51001(a)(1) of the Transportation Research and
Innovative Technology Act of 2012 (126 Stat. 864) is amended
by striking ``sections 503(b), 503(d), and 509'' and
inserting ``section 503(b)''.
TITLE V--MISCELLANEOUS
SEC. 15001. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
Section 1528 of MAP-21 (40 U.S.C. 14501 note; Public Law
112-141) is amended--
(1) by striking ``2021'' each place it appears and
inserting ``2050''; and
(2) by striking ``shall be 100 percent'' each place it
appears and inserting ``shall be up to 100 percent, as
determined by the State''.
SEC. 15002. APPALACHIAN REGIONAL DEVELOPMENT PROGRAM.
(a) High-speed Broadband Development Initiative.--
(1) In general.--Subchapter I of chapter 145 of subtitle IV
of title 40, United States Code, is amended by adding at the
end the following:
``Sec. 14509. High-speed broadband deployment initiative
``(a) In General.--The Appalachian Regional Commission may
provide technical assistance, make grants, enter into
contracts, or otherwise provide amounts to individuals or
entities in the Appalachian region for projects and
activities--
``(1) to increase affordable access to broadband networks
throughout the Appalachian region;
``(2) to conduct research, analysis, and training to
increase broadband adoption efforts in the Appalachian
region;
``(3) to provide technology assets, including computers,
smartboards, and video projectors to educational systems
throughout the Appalachian region;
``(4) to increase distance learning opportunities
throughout the Appalachian region;
``(5) to increase the use of telehealth technologies in the
Appalachian region; and
``(6) to promote e-commerce applications in the Appalachian
region.
``(b) Limitation on Available Amounts.--Of the cost of any
activity eligible for a grant under this section--
``(1) not more than 50 percent may be provided from amounts
appropriated to carry out this section; and
``(2) notwithstanding paragraph (1)--
``(A) in the case of a project to be carried out in a
county for which a distressed county designation is in effect
under section 14526, not more than 80 percent may be provided
from amounts appropriated to carry out this section; and
``(B) in the case of a project to be carried out in a
county for which an at-risk designation is in effect under
section 14526, not more than 70 percent may be provided from
amounts appropriated to carry out this section.
``(c) Sources of Assistance.--Subject to subsection (b), a
grant provided under this section may be provided from
amounts made available to carry out this section in
combination with amounts made available--
``(1) under any other Federal program; or
``(2) from any other source.
``(d) Federal Share.--Notwithstanding any provision of law
limiting the Federal share under any other Federal program,
amounts made available to carry out this section may be used
to increase that Federal share, as the Appalachian Regional
Commission determines to be appropriate.''.
(2) Conforming amendment.--The analysis for chapter 145 of
title 40, United States Code, is amended by inserting after
the item relating to section 14508 the following:
``14509. High-speed broadband deployment initiative.''.
(b) Authorization of Appropriations.--Section 14703 of
title 40, United States Code, is amended--
(1) in subsection (a)(5), by striking ``fiscal year 2012''
and inserting ``each of fiscal years 2012 through 2021'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (b) the following:
``(c) High-speed Broadband Deployment Initiative.--Of the
amounts made available under subsection (a), $10,000,000
shall be used to carry out section 14509 for each of fiscal
years 2016 through 2021.''.
(c) Termination.--Section 14704 of title 40, United States
Code, is amended by striking ``2012'' and inserting ``2021''.
(d) Effective Date.--This section and the amendments made
by this section take effect on October 1, 2015.
SEC. 15003. WATER INFRASTRUCTURE FINANCE AND INNOVATION.
Section 3907(a) of title 33, United States Code, is
amended--
[[Page S5591]]
(1) by striking paragraph (5); and
(2) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively.
SEC. 15004. ADMINISTRATIVE PROVISIONS TO ENCOURAGE POLLINATOR
HABITAT AND FORAGE ON TRANSPORTATION RIGHTS-OF-
WAY.
(a) In General.--Section 319 of title 23, United States
Code, is amended--
(1) in subsection (a), by inserting ``(including the
enhancement of habitat and forage for pollinators)'' before
``adjacent''; and
(2) by adding at the end the following:
``(c) Encouragement of Pollinator Habitat and Forage
Development and Protection on Transportation Rights-of-way.--
In carrying out any program administered by the Secretary
under this title, the Secretary shall, in conjunction with
willing States, as appropriate--
``(1) encourage integrated vegetation management practices
on roadsides and other transportation rights-of-way,
including reduced mowing; and
``(2) encourage the development of habitat and forage for
Monarch butterflies, other native pollinators, and honey bees
through plantings of native forbs and grasses, including
noninvasive, native milkweed species that can serve as
migratory way stations for butterflies and facilitate
migrations of other pollinators.''.
(b) Provision of Habitat, Forage, and Migratory Way
Stations for Monarch Butterflies, Other Native Pollinators,
and Honey Bees.--Section 329(a)(1) of title 23, United States
Code, is amended by inserting ``provision of habitat, forage,
and migratory way stations for Monarch butterflies, other
native pollinators, and honey bees,'' before ``and aesthetic
enhancement''.
SEC. 15005. STUDY ON PERFORMANCE OF BRIDGES.
(a) In General.--Subject to subsection (c), the
Administrator of the Federal Highway Administration (referred
to in this section as the ``Administrator'') shall commission
the Transportation Research Board of the National Academy of
Sciences to conduct a study on the performance of bridges
that received funding under the innovative bridge research
and construction program (referred to in this section as the
``program'') under section 503(b) of title 23, United States
Code (as in effect on the day before the date of enactment of
SAFETEA-LU (Public Law 109-59; 119 Stat. 1144)) in meeting
the goals of that program, which included--
(1) the development of new, cost-effective innovative
material highway bridge applications;
(2) the reduction of maintenance costs and lifecycle costs
of bridges, including the costs of new construction,
replacement, or rehabilitation of deficient bridges;
(3) the development of construction techniques to increase
safety and reduce construction time and traffic congestion;
(4) the development of engineering design criteria for
innovative products and materials for use in highway bridges
and structures;
(5) the development of cost-effective and innovative
techniques to separate vehicle and pedestrian traffic from
railroad traffic;
(6) the development of highway bridges and structures that
will withstand natural disasters, including alternative
processes for the seismic retrofit of bridges; and
(7) the development of new nondestructive bridge evaluation
technologies and techniques.
(b) Contents.--The study commissioned under subsection (a)
shall include--
(1) an analysis of the performance of bridges that received
funding under the program in meeting the goals described in
paragraphs (1) through (7) of subsection (a);
(2) an analysis of the utility, compared to conventional
materials and technologies, of each of the innovative
materials and technologies used in projects for bridges under
the program in meeting the needs of the United States in 2015
and in the future for a sustainable and low lifecycle cost
transportation system;
(3) recommendations to Congress on how the installed and
lifecycle costs of bridges could be reduced through the use
of innovative materials and technologies, including, as
appropriate, any changes in the design and construction of
bridges needed to maximize the cost reductions; and
(4) a summary of any additional research that may be needed
to further evaluate innovative approaches to reducing the
installed and lifecycle costs of highway bridges.
(c) Public Comment.--Before commissioning the study under
subsection (a), the Administrator shall provide an
opportunity for public comment on the study proposal.
(d) Data From States.--Each State that received funds under
the program shall provide to the Transportation Research
Board any relevant data needed to carry out the study
commissioned under subsection (a).
(e) Deadline.--The Administrator shall submit to Congress
the study commissioned under subsection (a) not later than 3
years after the date of enactment of this Act.
SEC. 15006. SPORT FISH RESTORATION AND RECREATIONAL BOATING
SAFETY.
Section 4 of the Dingell-Johnson Sport Fish Restoration Act
(16 U.S.C. 777c), as amended by section 73103, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1) by striking ``2015'' and inserting ``2021''; and
(2) in subsection (b)(1)(A) by striking ``2015'' and
inserting ``2021''.
DIVISION B--PUBLIC TRANSPORTATION
TITLE XXI--FEDERAL PUBLIC TRANSPORTATION ACT
SEC. 21001. SHORT TITLE.
This title may be cited as the ``Federal Public
Transportation Act of 2015''.
SEC. 21002. DEFINITIONS.
Section 5302 of title 49, United States Code, is amended--
(1) in paragraph (1)(E), by striking ``bicycle storage
facilities and installing equipment'' and inserting ``bicycle
storage shelters and parking facilities and the installation
of equipment'';
(2) in paragraph (3)--
(A) by striking subparagraph (F) and inserting the
following:
``(F) leasing equipment or a facility for use in public
transportation;'';
(B) in subparagraph (G)--
(i) in clause (iv), by adding ``and'' at the end;
(ii) in clause (v), by striking ``and'' at the end; and
(iii) by striking clause (vi);
(C) in subparagraph (K), by striking ``or'' at the end;
(D) in subparagraph (L), by striking the period at the end
and inserting a semicolon; and
(E) by adding at the end the following:
``(M) associated transit improvements; or
``(N) technological changes or innovations to modify low or
no emission vehicles (as defined in section 5339(c)) or
facilities.''; and
(3) by adding at the end the following:
``(24) Value capture.--The term `value capture' means
recovering the increased value to property located near
public transportation resulting from investments in public
transportation.''.
SEC. 21003. METROPOLITAN TRANSPORTATION PLANNING.
Section 5303 of title 49, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``resilient'' after
``development of'';
(2) in subsection (c)(2), by striking ``and bicycle
transportation facilities'' and inserting ``, bicycle
transportation facilities, intermodal facilities that support
intercity transportation, including intercity buses and
intercity bus facilities, and commuter vanpool providers'';
(3) in subsection (d)--
(A) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively;
(B) by inserting after paragraph (2) the following:
``(3) Representation.--
``(A) In general.--Designation or selection of officials or
representatives under paragraph (2) shall be determined by
the metropolitan planning organization according to the
bylaws or enabling statute of the organization.
``(B) Public transportation representative.--Subject to the
bylaws or enabling statute of the metropolitan planning
organization, a representative of a provider of public
transportation may also serve as a representative of a local
municipality.
``(C) Powers of certain officials.--An official described
in paragraph (2)(B) shall have responsibilities, actions,
duties, voting rights, and any other authority commensurate
with other officials described in paragraph (2)(B).''; and
(C) in paragraph (5), as so redesignated, by striking
``paragraph (5)'' and inserting ``paragraph (6)'';
(4) in subsection (e)(4)(B), by striking ``subsection
(d)(5)'' and inserting ``subsection (d)(6)'';
(5) in subsection (g)(3)(A), by inserting ``natural
disaster risk reduction,'' after ``environmental
protection,'';
(6) in subsection (h)(1)--
(A) in subparagraph (G), by striking ``and'' at the end;
(B) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(I) improve the resilience and reliability of the
transportation system.'';
(7) in subsection (i)--
(A) in paragraph (2)--
(i) in subparagraph (A)(i), by striking ``transit'' and
inserting ``public transportation facilities, intercity bus
facilities'';
(ii) in subparagraph (G)--
(I) by striking ``and provide'' and inserting ``,
provide''; and
(II) by inserting before the period at the end the
following: ``, and reduce vulnerability due to natural
disasters of the existing transportation infrastructure'';
and
(iii) in subparagraph (H), by inserting before the period
at the end the following: ``, including consideration of the
role that intercity buses may play in reducing congestion,
pollution, and energy consumption in a cost-effective manner
and strategies and investments that preserve and enhance
intercity bus systems, including systems that are privately
owned and operated'';
(B) in paragraph (6)(A)--
(i) by inserting ``public ports,'' before ``freight
shippers''; and
(ii) by inserting ``(including intercity bus operators and
commuter vanpool providers)'' after ``private providers of
transportation''; and
(C) in paragraph (8), by striking ``paragraph (2)(C)'' each
place that term appears and inserting ``paragraph (2)(E)'';
(8) in subsection (j)(5)(A), by striking ``subsection
(k)(4)'' and inserting ``subsection (k)(3)'';
(9) in subsection (k)--
(A) by striking paragraph (3); and
[[Page S5592]]
(B) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(10) in subsection (l)--
(A) in paragraph (1), by adding a period at the end; and
(B) in paragraph (2)(D), by striking ``of less than
200,000'' and inserting ``with a population of 200,000 or
less'';
(11) by striking subsection (n);
(12) by redsignating subsections (o), (p), and (q) as
subsections (n), (o), and (p), respectively;
(13) in subsection (o), as so redesignated, by striking
``set aside under section 104(f) of title 23'' and inserting
``apportioned under paragraphs (5)(D) and (6) of section
104(b) of title 23''; and
(14) by adding at the end the following:
``(q) Treatment of Lake Tahoe Region.--
``(1) Definition of lake tahoe region.--In this subsection,
the term `Lake Tahoe Region' has the meaning given the term
`region' in subsection (a) of Article II of the Lake Tahoe
Regional Planning Compact (Public Law 96-551; 94 Stat. 3234).
``(2) Treatment.--For purposes of this title, the Lake
Tahoe Region shall be treated as--
``(A) a metropolitan planning organization;
``(B) a transportation management area under subsection
(k); and
``(C) an urbanized area, which is comprised of--
``(i) a population of 145,000 and 25 square miles of land
area in the State of California; and
``(ii) a population of 65,000 and 12 square miles of land
area in the State of Nevada.''.
SEC. 21004. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION
PLANNING.
(a) In General.--Section 5304 of title 49, United States
Code, is amended--
(1) in subsection (a)(2), by striking ``and bicycle
transportation facilities'' and inserting ``, bicycle
transportation facilities, intermodal facilities that support
intercity transportation, including intercity buses and
intercity bus facilities, and commuter vanpool providers'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (G), by striking ``and'' at the end;
(ii) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(I) improve the resilience and reliability of the
transportation system.''; and
(B) in paragraph (2)--
(i) in subparagraph (B)(ii), by striking ``urbanized areas
with a population of fewer than 200,000 individuals, as
calculated according to the most recent decennial census,
and'' and inserting ``areas''; and
(ii) in subparagraph (C)--
(I) by striking ``title 23'' and inserting ``this
chapter''; and
(II) by striking ``urbanized areas with a population of
fewer than 200,000 individuals, as calculated according to
the most recent decennial census, and'' and inserting
``areas'';
(3) in subsection (e)(1)--
(A) by striking ``'In'' and inserting ``In''; and
(B) by striking ``subsection (l)'' and inserting
``subsection (k)'';
(4) in subsection (f)--
(A) in paragraph (2)(B)(i), by striking ``subsection (l)''
and inserting ``subsection (k)'';
(B) in paragraph (3)(A)--
(i) in clause (i), by striking ``subsection (l)'' and
inserting ``subsection (k)''; and
(ii) in clause (ii), by inserting ``(including intercity
bus operators and commuter vanpool providers)'' after
``private providers of transportation'';
(C) in paragraph (7), in the matter preceding subparagraph
(A), by striking ``should'' and inserting ``shall''; and
(D) in paragraph (8), by inserting ``, including
consideration of the role that intercity buses may play in
reducing congestion, pollution, and energy consumption in a
cost-effective manner and strategies and investments that
preserve and enhance intercity bus systems, including systems
that are privately owned and operated'' before the period at
the end;
(5) in subsection (g)--
(A) in paragraph (2)(B)(i), by striking ``subsection (l)''
and inserting ``subsection (k)'';
(B) in paragraph (3)--
(i) by inserting ``public ports,'' before ``freight
shippers''; and
(ii) by inserting ``(including intercity bus operators)''
after ``private providers of transportation''; and
(C) in paragraph (6)(A), by striking ``subsection (l)'' and
inserting ``subsection (k)'';
(6) by striking subsection (i); and
(7) by redesignating subsections (j), (k), and (l) as
subsections (i), (j), and (k), respectively.
(b) Conforming Amendment.--Section 5303(b)(5) of title 49,
United States Code, is amended by striking ``section
5304(l)'' and inserting ``section 5304(k)''.
SEC. 21005. URBANIZED AREA FORMULA GRANTS.
Section 5307 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``or general public
demand response service'' before ``during'' each place that
term appears; and
(B) by adding at the end the following:
``(3) Exception to special rule.--Notwithstanding paragraph
(2), if a public transportation system described in that
paragraph executes a written agreement with 1 or more other
public transportation systems within the urbanized area to
allocate funds for the purposes described in that paragraph
by a method other than by measuring vehicle revenue hours,
each public transportation system that is a party to the
written agreement may follow the terms of the written
agreement without regard to measured vehicle revenue hours
referred to in that paragraph.
``(4) Temporary and targeted assistance.--
``(A) Eligibility.--The Secretary may make a grant under
this section to finance the operating cost of equipment and
facilities to a recipient for use in public transportation in
an area that the Secretary determines has--
``(i) a population of not fewer than 200,000 individuals,
as determined by the Bureau of the Census; and
``(ii) a 3-month unemployment rate, as reported by the
Bureau of Labor Statistics, that is--
``(I) greater than 7 percent; and
``(II) at least 2 percentage points greater than the lowest
3-month unemployment rate for the area during the 5-year
period preceding the date of the determination.
``(B) Award of grant.--
``(i) In general.--Except as otherwise provided in this
subparagraph, the Secretary may make a grant under this
paragraph for not more than 2 consecutive fiscal years.
``(ii) Additional year.--If, at the end of the second
fiscal year following the date on which the Secretary makes a
determination under subparagraph (A) with respect to an area,
the Secretary determines that the 3-month unemployment rate
for the area is at least 2 percentage points greater than the
unemployment rate for the area at the time the Secretary made
the determination under subparagraph (A), the Secretary may
make a grant to a recipient in the area for 1 additional
consecutive fiscal year.
``(iii) Exclusion period.--Beginning on the last day of the
last consecutive fiscal year for which a recipient receives a
grant under this paragraph, the Secretary may not make a
subsequent grant under this paragraph to the recipient for a
number of fiscal years equal to the number of consecutive
fiscal years in which the recipient received a grant under
this paragraph.
``(C) Limitation.--
``(i) First fiscal year.--For the first fiscal year
following the date on which the Secretary makes a
determination under subparagraph (A) with respect to an area,
not more than 25 percent of the amount apportioned to a
designated recipient under section 5336 for the fiscal year
shall be available for operating assistance for the area.
``(ii) Second and third fiscal years.--For the second and
third fiscal years following the date on which the Secretary
makes a determination under subparagraph (A) with respect to
an area, not more than 20 percent of the amount apportioned
to a designated recipient under section 5336 for the fiscal
year shall be available for operating assistance for the
area.
``(D) Period of availability for operating assistance.--
Operating assistance awarded under this paragraph shall be
available for expenditure to a recipient in an area until the
end of the second fiscal year following the date on which the
Secretary makes a determination under subparagraph (A) with
respect to the area, after which time any unexpended funds
shall be available to the recipient for other eligible
activities under this section.
``(E) Certification.--The Secretary may make a grant for
operating assistance under this paragraph for a fiscal year
only if the recipient certifies that--
``(i) the recipient will maintain public transportation
service levels at or above the current service level, which
shall be demonstrated by providing an equal or greater number
of vehicle hours of service in the fiscal year than the
number of vehicle hours of service provided in the preceding
fiscal year;
``(ii) any non-Federal entity that provides funding to the
recipient, including a State or local governmental entity,
will maintain the tax rate or rate of allocations dedicated
to public transportation at or above the rate for the
preceding fiscal year;
``(iii) the recipient has allocated the maximum amount of
funding under this section for preventive maintenance costs
eligible as a capital expense necessary to maintain the level
and quality of service provided in the preceding fiscal year;
and
``(iv) the recipient will not use funding under this
section for new capital assets except as necessary for the
existing system to maintain or achieve a state of good
repair, assure safety, or replace obsolete technology.''; and
(2) in subsection (c)(1)--
(A) in subparagraph (C), by inserting ``in a state of good
repair'' after ``equipment and facilities'';
(B) in subparagraph (J), by adding ``and'' at the end;
(C) by striking subparagraph (K); and
(D) by redesignating subparagraph (L) as subparagraph (K).
SEC. 21006. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
(a) In General.--Section 5309 of title 49, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``and weekend days'';
(B) in paragraph (6)--
(i) in subparagraph (A), by inserting ``, small start
projects,'' after ``new fixed guideway capital projects'';
and
[[Page S5593]]
(ii) by striking subparagraph (B) and inserting the
following:
``(B) 2 or more projects that are any combination of new
fixed guideway capital projects, small start projects, and
core capacity improvement projects.''; and
(C) in paragraph (7)--
(i) in subparagraph (A), by striking ``$75,000,000'' and
inserting ``$100,000,000''; and
(ii) in subparagraph (B), by striking ``$250,000,000'' and
inserting ``$300,000,000'';
(2) in subsection (d)--
(A) in paragraph (1)(B), by striking ``, policies and land
use patterns that promote public transportation,''; and
(B) in paragraph (2)(A)--
(i) in clause (iii), by adding ``and'' at the end;
(ii) by striking clause (iv); and
(iii) by redesignating clause (v) as clause (iv);
(3) in subsection (g)(2)(A)(i), by striking ``, the
policies and land use patterns that support public
transportation,'';
(4) in subsection (i)--
(A) in paragraph (1), by striking ``subsection (d) or (e)''
and inserting ``subsection (d), (e), or (h)'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by inserting
``new fixed guideway capital project or core capacity
improvement'' after ``federally funded'';
(ii) by striking subparagraph (D) and inserting the
following:
``(D) the program of interrelated projects, when evaluated
as a whole--
``(i) meets the requirements of subsection (d)(2),
subsection (e)(2), or paragraphs (3) and (4) of subsection
(h), as applicable, if the program is comprised entirely of--
``(I) new fixed guideway capital projects;
``(II) core capacity improvement projects; or
``(III) small start projects; or
``(ii) meets the requirements of subsection (d)(2) if the
program is comprised of any combination of new fixed guideway
projects, small start projects, and core capacity improvement
projects;''; and
(iii) in subparagraph (F), by inserting ``or (h)(5), as
applicable'' after ``subsection (f)''; and
(C) in paragraph (3), by striking subparagraph (A) and
inserting the following:
``(A) Project advancement.--A project receiving a grant
under this section that is part of a program of interrelated
projects may not advance--
``(i) in the case of a small start project, from the
project development phase to the construction phase unless
the Secretary determines that the program of interrelated
projects meets the applicable requirements of this section
and there is a reasonable likelihood that the program will
continue to meet such requirements; or
``(ii) in the case of a new fixed guideway capital project
or a core capacity improvement project, from the project
development phase to the engineering phase, or from the
engineering phase to the construction phase, unless the
Secretary determines that the program of interrelated
projects meets the applicable requirements of this section
and there is a reasonable likelihood that the program will
continue to meet such requirements.''; and
(5) by adding at the end the following:
``(p) Joint Public Transportation and Intercity Passenger
Rail Projects.--
``(1) In general.--The Secretary may make grants for new
fixed guideway capital projects and core capacity improvement
projects that provide both public transportation and
intercity passenger rail service.
``(2) Eligible costs.--Eligible costs for a project under
this subsection shall be limited to the net capital costs of
the public transportation costs attributable to the project
based on projected use of the new segment or expanded
capacity of the project corridor, not including project
elements designed to achieve or maintain a state of good
repair, as determined by the Secretary under paragraph (4).
``(3) Project justification and local financial
commitment.--A project under this subsection shall be
evaluated for project justification and local financial
commitment under subsections (d), (e), (f), and (h), as
applicable to the project, based on--
``(A) the net capital costs of the public transportation
costs attributable to the project as determined under
paragraph (4); and
``(B) the share of funds dedicated to the project from
sources other than this section included in the unified
finance plan for the project.
``(4) Calculation of net capital project cost.--The
Secretary shall estimate the net capital costs of a project
under this subsection based on--
``(A) engineering studies;
``(B) studies of economic feasibility;
``(C) the expected use of equipment or facilities; and
``(D) the public transportation costs attributable to the
project.
``(5) Government share of net capital project cost.--
``(A) Government share.--The Government share shall not
exceed 80 percent of the net capital cost attributable to the
public transportation costs of a project under this
subsection as determined under paragraph (4).
``(B) Non-government share.--The remainder of the net
capital cost attributable to the public transportation costs
of a project under this subsection shall be provided from an
undistributed cash surplus, a replacement or depreciation
cash fund or reserve, or new capital.''.
(b) Expedited Project Delivery for Capital Investment
Grants Pilot Program.--
(1) Definitions.--In this subsection, the following
definitions shall apply:
(A) Applicant.--The term ``applicant'' means a State or
local governmental authority that applies for a grant under
this subsection.
(B) Capital project; fixed guideway; local governmental
authority; public transportation; state; state of good
repair.--The terms ``capital project'', ``fixed guideway'',
``local governmental authority'', ``public transportation'',
``State'', and ``state of good repair'' have the meanings
given those terms in section 5302 of title 49, United States
Code.
(C) Core capacity improvement project.--The term ``core
capacity improvement project''--
(i) means a substantial corridor-based capital investment
in an existing fixed guideway system that increases the
capacity of a corridor by not less than 10 percent; and
(ii) may include project elements designed to aid the
existing fixed guideway system in making substantial progress
towards achieving a state of good repair.
(D) Corridor-based bus rapid transit project.--The term
``corridor-based bus rapid transit project'' means a small
start project utilizing buses in which the project represents
a substantial investment in a defined corridor as
demonstrated by features that emulate the services provided
by rail fixed guideway public transportation systems--
(i) including--
(I) defined stations;
(II) traffic signal priority for public transportation
vehicles;
(III) short headway bidirectional services for a
substantial part of weekdays; and
(IV) any other features the Secretary may determine support
a long-term corridor investment; and
(ii) the majority of which does not operate in a separated
right-of-way dedicated for public transportation use during
peak periods.
(E) Eligible project.--The term ``eligible project'' means
a new fixed guideway capital project, a small start project,
or a core capacity improvement project that has not entered
into a full funding grant agreement with the Federal Transit
Administration before the date of enactment of this Act.
(F) Fixed guideway bus rapid transit project.--The term
``fixed guideway bus rapid transit project'' means a bus
capital project--
(i) in which the majority of the project operates in a
separated right-of-way dedicated for public transportation
use during peak periods;
(ii) that represents a substantial investment in a single
route in a defined corridor or subarea; and
(iii) that includes features that emulate the services
provided by rail fixed guideway public transportation
systems, including--
(I) defined stations;
(II) traffic signal priority for public transportation
vehicles;
(III) short headway bidirectional services for a
substantial part of weekdays and weekend days; and
(IV) any other features the Secretary may determine are
necessary to produce high-quality public transportation
services that emulate the services provided by rail fixed
guideway public transportation systems.
(G) New fixed guideway capital project.--The term ``new
fixed guideway capital project'' means--
(i) a fixed guideway project that is a minimum operable
segment or extension to an existing fixed guideway system; or
(ii) a fixed guideway bus rapid transit project that is a
minimum operable segment or an extension to an existing bus
rapid transit system.
(H) Recipient.--The term ``recipient'' means a recipient of
funding under chapter 53 of title 49, United States Code.
(I) Small start project.--The term ``small start project''
means a new fixed guideway capital project, a fixed guideway
bus rapid transit project, or a corridor-based bus rapid
transit project for which--
(i) the Federal assistance provided or to be provided under
this subsection is less than $75,000,000; and
(ii) the total estimated net capital cost is less than
$300,000,000.
(2) General authority.--The Secretary may make grants under
this subsection to States and local governmental authorities
to assist in financing--
(A) new fixed guideway capital projects or small start
projects, including the acquisition of real property, the
initial acquisition of rolling stock for the system, the
acquisition of rights-of-way, and relocation, for projects in
the advanced stages of planning and design; and
(B) core capacity improvement projects, including the
acquisition of real property, the acquisition of rights-of-
way, double tracking, signalization improvements,
electrification, expanding system platforms, acquisition of
rolling stock associated with corridor improvements
increasing capacity, construction of infill stations, and
such other capacity improvement projects as the Secretary
determines are appropriate to increase the capacity of an
existing fixed guideway system corridor by not less than 10
percent. Core capacity improvement projects
[[Page S5594]]
do not include elements to improve general station facilities
or parking, or acquisition of rolling stock alone.
(3) Grant requirements.--
(A) In general.--The Secretary may make not more than 10
grants under this subsection for an eligible project if the
Secretary determines that--
(i) the eligible project is part of an approved
transportation plan required under sections 5303 and 5304 of
title 49, United States Code;
(ii) the applicant has, or will have--
(I) the legal, financial, and technical capacity to carry
out the eligible project, including the safety and security
aspects of the eligible project;
(II) satisfactory continuing control over the use of the
equipment or facilities;
(III) the technical and financial capacity to maintain new
and existing equipment and facilities; and
(IV) advisors providing guidance to the applicant on the
terms and structure of the project that are independent from
investors in the project;
(iii) the eligible project is supported, or will be
supported, in part, through a public-private partnership,
provided such support is determined by local policies,
criteria, and decisionmaking under section 5306(a) of title
49, United States Code;
(iv) the eligible project is justified based on findings
presented by the project sponsor to the Secretary,
including--
(I) mobility improvements attributable to the project;
(II) environmental benefits associated with the project;
(III) congestion relief associated with the project;
(IV) economic development effects derived as a result of
the project; and
(V) estimated ridership projections; and
(v) the eligible project is supported by an acceptable
degree of local financial commitment (including evidence of
stable and dependable financing sources).
(B) Certification.--An applicant that has submitted the
certifications required under subparagraphs (A), (B), (C),
and (H) of section 5307(c)(1) of title 49, United States
Code, shall be deemed to have provided sufficient information
upon which the Secretary may make the determinations required
under this paragraph.
(C) Technical capacity.--The Secretary shall use an
expedited technical capacity review process for applicants
that have recently and successfully completed not less than 1
new fixed guideway capital project, small start project, or
core capacity improvement project, if--
(i) the applicant achieved budget, cost, and ridership
outcomes for the project that are consistent with or better
than projections; and
(ii) the applicant demonstrates that the applicant
continues to have the staff expertise and other resources
necessary to implement a new project.
(D) Financial commitment.--
(i) Requirements.--In determining whether an eligible
project is supported by an acceptable degree of local
financial commitment and shows evidence of stable and
dependable financing sources for purposes of subparagraph
(A)(v), the Secretary shall require that--
(I) each proposed source of capital and operating financing
is stable, reliable, and available within the proposed
eligible project timetable; and
(II) resources are available to recapitalize, maintain, and
operate the overall existing and proposed public
transportation system, including essential feeder bus and
other services necessary, without degradation to the existing
level of public transportation services.
(ii) Considerations.--In assessing the stability,
reliability, and availability of proposed sources of
financing under clause (i), the Secretary shall consider--
(I) the reliability of the forecasting methods used to
estimate costs and revenues made by the applicant and the
contractors to the applicant;
(II) existing grant commitments;
(III) the degree to which financing sources are dedicated
to the proposed eligible project;
(IV) any debt obligation that exists or is proposed by the
applicant, for the proposed eligible project or other public
transportation purpose; and
(V) private contributions to the eligible project,
including cost-effective project delivery, management or
transfer of project risks, expedited project schedule,
financial partnering, and other public-private partnership
strategies.
(E) Labor standards.--The requirements under section 5333
of title 49, United States Code, shall apply to each
recipient of a grant under this subsection.
(4) Project advancement.--An applicant that desires a grant
under this subsection and meets the requirements of paragraph
(3) shall submit to the Secretary, and the Secretary shall
approve for advancement, a grant request that contains--
(A) identification of an eligible project;
(B) a schedule and finance plan for the construction and
operation of the eligible project;
(C) an analysis of the efficiencies of the proposed
eligible project development and delivery methods and
innovative financing arrangement for the eligible project,
including any documents related to the--
(i) public-private partnership required under paragraph
(3)(A)(iii); and
(ii) project justification required under paragraph
(3)(A)(iv); and
(D) a certification that the existing public transportation
system of the applicant or, in the event that the applicant
does not operate a public transportation system, the public
transportation system to which the proposed project will be
attached, is in a state of good repair.
(5) Written notice from the secretary.--
(A) In general.--Not later than 120 days after the date on
which the Secretary receives a grant request of an applicant
under paragraph (4), the Secretary shall provide written
notice to the applicant--
(i) of approval of the grant request; or
(ii) if the grant request does not meet the requirements
under paragraph (4), of disapproval of the grant request,
including a detailed explanation of the reasons for the
disapproval.
(B) Concurrent notice.--The Secretary shall provide
concurrent notice of an approval or disapproval of a grant
request under subparagraph (A) to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(6) Waiver.--The Secretary may grant a waiver to an
applicant that does not comply with paragraph (4)(D) if--
(A) the eligible project meets the definition of a core
capacity improvement project; and
(B) the Secretary certifies that the eligible project will
allow the applicant to make substantial progress in achieving
a state of good repair.
(7) Selection criteria.--The Secretary may enter into a
full funding grant agreement with an applicant under this
subsection for an eligible project for which an application
has been submitted and approved for advancement by the
Secretary under paragraph (4), only if the applicant has
completed the planning and activities required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(8) Letters of intent and full funding grant agreements.--
(A) Letters of intent.--
(i) Amounts intended to be obligated.--The Secretary may
issue a letter of intent to an applicant announcing an
intention to obligate, for an eligible project under this
subsection, an amount from future available budget authority
specified in law that is not more than the amount stipulated
as the financial participation of the Secretary in the
eligible project. When a letter is issued for an eligible
project under this subsection, the amount shall be sufficient
to complete at least an operable segment.
(ii) Treatment.--The issuance of a letter under clause (i)
is deemed not to be an obligation under section 1108(c),
1501, or 1502(a) of title 31, United States Code, or an
administrative commitment.
(B) Full funding grant agreements.--
(i) In general.--Except as provided in clause (v), an
eligible project shall be carried out under this subsection
through a full funding grant agreement.
(ii) Criteria.--The Secretary shall enter into a full
funding grant agreement, based the requirements of this
subparagraph, with each applicant receiving assistance for an
eligible project that has received a written notice of
approval under paragraph (5)(A)(i).
(iii) Terms.--A full funding grant agreement shall--
(I) establish the terms of participation by the Federal
Government in the eligible project;
(II) establish the maximum amount of Federal financial
assistance for the eligible project;
(III) include the period of time for completing
construction of the eligible project, consistent with the
terms of the public-private partnership agreement, even if
that period extends beyond the period of an authorization;
and
(IV) make timely and efficient management of the eligible
project easier according to the law of the United States.
(iv) Special financial rules.--
(I) In general.--A full funding grant agreement under this
subparagraph obligates an amount of available budget
authority specified in law and may include a commitment,
contingent on amounts to be specified in law in advance for
commitments under this subparagraph, to obligate an
additional amount from future available budget authority
specified in law.
(II) Statement of contingent commitment.--A full funding
grant agreement shall state that the contingent commitment is
not an obligation of the Federal Government.
(III) Interest and other financing costs.--Interest and
other financing costs of efficiently carrying out a part of
the eligible project within a reasonable time are a cost of
carrying out the eligible project under a full funding grant
agreement, except that eligible costs may not be more than
the cost of the most favorable financing terms reasonably
available for the eligible project at the time of borrowing.
The applicant shall certify, in a way satisfactory to the
Secretary, that the applicant has shown reasonable diligence
in seeking the most favorable financing terms.
(IV) Completion of operable segment.--The amount stipulated
in an agreement under this subparagraph for a new fixed
guideway capital project, core capacity improvement project,
or small start project
[[Page S5595]]
shall be sufficient to complete at least an operable segment.
(v) Exception.--
(I) In general.--The Secretary, to the maximum extent
practicable, shall provide Federal assistance under this
subsection for a small start project in a single grant. If
the Secretary cannot provide such a single grant, the
Secretary may execute an expedited grant agreement in order
to include a commitment on the part of the Secretary to
provide funding for the project in future fiscal years.
(II) Terms of expedited grant agreements.--In executing an
expedited grant agreement under this clause, the Secretary
may include in the agreement terms similar to those
established under clause (iii).
(C) Limitation on amounts.--
(i) In general.--The Secretary may enter into full funding
grant agreements under this paragraph for eligible projects
that contain contingent commitments to incur obligations in
such amounts as the Secretary determines are appropriate.
(ii) Appropriation required.--An obligation may be made
under this paragraph only when amounts are appropriated for
obligation.
(D) Notification to congress.--
(i) In general.--Not later than 30 days before the date on
which the Secretary issues a letter of intent or enters into
a full funding grant agreement for an eligible project under
this paragraph, the Secretary shall notify, in writing, the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Appropriations of the Senate and the Committee
on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives of the
proposed letter of intent or full funding grant agreement.
(ii) Contents.--The written notification under clause (i)
shall include a copy of the proposed letter of intent or full
funding grant agreement for the eligible project.
(9) Government share of net capital project cost.--
(A) In general.--A grant for an eligible project shall not
exceed 25 percent of the net capital project cost.
(B) Remainder of net capital project cost.--The remainder
of the net capital project cost shall be provided from an
undistributed cash surplus, a replacement or depreciation
cash fund or reserve, or new capital.
(C) Limitation on statutory construction.--Nothing in this
subsection shall be construed as authorizing the Secretary to
require a non-Federal financial commitment for a project that
is more than 75 percent of the net capital project cost.
(D) Special rule for rolling stock costs.--In addition to
amounts allowed pursuant to subparagraph (A), a planned
extension to a fixed guideway system may include the cost of
rolling stock previously purchased if the applicant satisfies
the Secretary that only amounts other than amounts provided
by the Federal Government were used and that the purchase was
made for use on the extension. A refund or reduction of the
remainder may be made only if a refund of a proportional
amount of the grant of the Federal Government is made at the
same time.
(E) Failure to carry out project.--If an applicant does not
carry out an eligible project for reasons within the control
of the applicant, the applicant shall repay all Federal funds
awarded for the eligible project from all Federal funding
sources, for all eligible project activities, facilities, and
equipment, plus reasonable interest and penalty charges
allowable by law.
(F) Crediting of funds received.--Any funds received by the
Federal Government under this paragraph, other than interest
and penalty charges, shall be credited to the appropriation
account from which the funds were originally derived.
(10) Availability of amounts.--
(A) In general.--An amount made available for an eligible
project shall remain available to that eligible project for 5
fiscal years, including the fiscal year in which the amount
is made available. Any amounts that are unobligated to the
eligible project at the end of the 5-fiscal-year period may
be used by the Secretary for any purpose under this
subsection.
(B) Use of deobligated amounts.--An amount available under
this subsection that is deobligated may be used for any
purpose under this subsection.
(11) Annual report on expedited project delivery for
capital investment grants.--Not later than the first Monday
in February of each year, the Secretary shall submit to the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Appropriations of the Senate and the Committee
on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives a report that
includes a proposed amount to be available to finance grants
for anticipated projects under this subsection.
(12) Before and after study and report.--
(A) Study required.--Each recipient shall conduct a study
that--
(i) describes and analyzes the impacts of the eligible
project on public transportation services and public
transportation ridership;
(ii) describes and analyzes the consistency of predicted
and actual benefits and costs of the innovative project
development and delivery methods or innovative financing for
the eligible project; and
(iii) identifies reasons for any differences between
predicted and actual outcomes for the eligible project.
(B) Submission of report.--Not later than 2 years after an
eligible project that is selected under this subsection
begins revenue operations, the recipient shall submit to the
Secretary a report on the results of the study conducted
under subparagraph (A).
(13) Rule of construction.--Nothing in this subsection
shall be construed to--
(A) require the privatization of the operation or
maintenance of any project for which an applicant seeks
funding under this subsection;
(B) revise the determinations by local policies, criteria,
and decisionmaking under section 5306(a) of title 49, United
States Code;
(C) alter the requirements for locally developed,
coordinated, and implemented transportation plans under
sections 5303 and 5304 of title 49, United States Code; or
(D) alter the eligibilities or priorities for assistance
under this subsection or section 5309 of title 49, United
States Code.
SEC. 21007. MOBILITY OF SENIORS AND INDIVIDUALS WITH
DISABILITIES.
(a) Coordination of Public Transportation Services With
Other Federally Assisted Local Transportation Services.--
(1) Definitions.--In this subsection--
(A) the term ``allocated cost model'' means a method of
determining the cost of trips by allocating the cost to each
trip purpose served by a transportation provider in a manner
that is proportional to the level of transportation service
that the transportation provider delivers for each trip
purpose, to the extent permitted by applicable Federal
requirements; and
(B) the term ``Council'' means the Interagency
Transportation Coordinating Council on Access and Mobility
established under Executive Order 13330 (49 U.S.C. 101 note).
(2) Coordinating council on access and mobility strategic
plan.--Not later than 2 years after the date of enactment of
this Act, the Council shall publish a strategic plan for the
Council that--
(A) outlines the role and responsibilities of each Federal
agency with respect to local transportation coordination,
including non-emergency medical transportation;
(B) identifies a strategy to strengthen interagency
collaboration;
(C) addresses any outstanding recommendations made by the
Council in the 2005 Report to the President relating to the
implementation of Executive Order 13330, including--
(i) a cost-sharing policy endorsed by the Council; and
(ii) recommendations to increase participation by
recipients of Federal grants in locally developed,
coordinated planning processes; and
(D) to the extent feasible, addresses recommendations by
the Comptroller General of the United States concerning local
coordination of transportation services.
(3) Development of cost-sharing policy in compliance with
applicable federal requirements.--In establishing the cost-
sharing policy required under paragraph (2), the Council may
consider, to the extent practicable--
(A) the development of recommended strategies for grantees
of programs funded by members of the Council, including
strategies for grantees of programs that fund non-emergency
medical transportation, to use the cost-sharing policy in a
manner that does not violate applicable Federal requirements;
and
(B) optional incorporation of an allocated cost model to
facilitate local coordination efforts that comply with
applicable requirements of programs funded by members of the
Council, such as--
(i) eligibility requirements;
(ii) service delivery requirements; and
(iii) reimbursement requirements.
(b) Pilot Program for Innovative Coordinated Access and
Mobility.--
(1) Definitions.--In this subsection--
(A) the term ``eligible project'' has the meaning given the
term ``capital project'' in section 5302 of title 49, United
States Code; and
(B) the term ``eligible recipient'' means a recipient or
subrecipient, as those terms are defined in section 5310 of
title 49, United States Code.
(2) General authority.--The Secretary may make grants under
this subsection to eligible recipients to assist in financing
innovative projects for the transportation disadvantaged that
improve the coordination of transportation services and non-
emergency medical transportation services, including--
(A) the deployment of coordination technology;
(B) projects that create or increase access to community
One-Call/One-Click Centers; and
(C) such other projects as determined by the Secretary.
(3) Application.--An eligible recipient shall submit to the
Secretary an application that, at a minimum, contains--
(A) a detailed description of the eligible project;
(B) an identification of all eligible project partners and
their specific role in the eligible project, including--
(i) private entities engaged in the coordination of non-
emergency medical transportation services for the
transportation disadvantaged; or
[[Page S5596]]
(ii) nonprofit entities engaged in the coordination of non-
emergency medical transportation services for the
transportation disadvantaged;
(C) a description of how the eligible project would--
(i) improve local coordination or access to coordinated
transportation services;
(ii) reduce duplication of service, if applicable; and
(iii) provide innovative solutions in the State or
community; and
(D) specific performance measures the eligible project will
use to quantify actual outcomes against expected outcomes.
(4) Government share of costs.--
(A) In general.--The Government share of the cost of an
eligible project carried out under this subsection shall not
exceed 80 percent.
(B) Non-government share.--The non-Government share of the
cost of an eligible project carried out under this subsection
may be derived from in-kind contributions.
(5) Rule of construction.--For purposes of this subsection,
non-emergency medical transportation services shall be
limited to services eligible under Federal programs other
than programs authorized under chapter 53 of title 49, United
States Code.
(c) Technical Correction.--Section 5310(a) of title 49,
United States Code, is amended by striking paragraph (1) and
inserting the following:
``(1) Recipient.--The term `recipient' means--
``(A) a designated recipient or a State that receives a
grant under this section directly; or
``(B) a State or local governmental entity that operates a
public transportation service.''.
SEC. 21008. FORMULA GRANTS FOR RURAL AREAS.
Section 5311 of title 49, United States Code, is amended--
(1) in subsection (c)(1), as amended by division G, by
striking subparagraphs (A) and (B) and inserting the
following:
``(A) $5,000,000 for each fiscal year shall be distributed
on a competitive basis by the Secretary.
``(B) $30,000,000 for each fiscal year shall be apportioned
as formula grants, as provided in subsection (j).''; and
(2) in subsection (j)(1)--
(A) in subparagraph (A)(iii), by striking ``(as defined by
the Bureau of the Census)'' and inserting ``(American Indian
Areas, Alaska Native Areas, and Hawaiian Home Lands, as
defined by the Bureau of the Census)''; and
(B) by adding at the end the following:
``(E) Allocation between multiple indian tribes.--If more
than 1 Indian tribe provides public transportation service on
tribal lands in a single Tribal Statistical Area, and the
Indian tribes do not determine how to allocate the funds
apportioned under clause (iii) of subparagraph (A) between
the Indian tribes, the Secretary shall allocate the funds
such that each Indian tribe shall receive an amount equal to
the total amount apportioned under such clause (iii)
multiplied by the ratio of the number of annual unlinked
passenger trips provided by each Indian tribe, as reported to
the National Transit Database, to the total unlinked
passenger trips provided by all the Indian tribes in the
Tribal Statistical Area.''.
SEC. 21009. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
DEPLOYMENT PROGRAM.
(a) In General.--Section 5312 of title 49, United States
Code, is amended--
(1) in the section heading, by striking ``projects'' and
inserting ``program'';
(2) in subsection (a), in the subsection heading, by
striking ``Projects'' and inserting ``Program'';
(3) in subsection (d)--
(A) in paragraph (3)--
(i) in the matter preceding subparagraph (A), by inserting
``demonstration, deployment, or evaluation'' before ``project
that'';
(ii) in subparagraph (A), by striking ``and'' at the end;
(iii) in subparagraph (B), by striking the period at the
end and inserting ``; or''; and
(iv) by adding at the end the following:
``(C) the deployment of low or no emission vehicles, zero
emission vehicles, or associated advanced technology.''; and
(B) by striking paragraph (5) and inserting the following:
``(5) Prohibition.--The Secretary may not make grants under
this subsection for the demonstration, deployment, or
evaluation of a vehicle that is in revenue service unless the
Secretary determines that the project makes significant
technological advancements in the vehicle.
``(6) Definitions.--In this subsection--
``(A) the term `direct carbon emissions' means the quantity
of direct greenhouse gas emissions from a vehicle, as
determined by the Administrator of the Environmental
Protection Agency;
``(B) the term `low or no emission vehicle' means--
``(i) a passenger vehicle used to provide public
transportation that the Secretary determines sufficiently
reduces energy consumption or harmful emissions, including
direct carbon emissions, when compared to a comparable
standard vehicle; or
``(ii) a zero emission vehicle used to provide public
transportation; and
``(C) the term `zero emission vehicle' means a low or no
emission vehicle that produces no carbon or particulate
matter.'';
(4) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(5) by inserting after subsection (d) the following:
``(e) Low or No Emission Vehicle Component Assessment.--
``(1) Definitions.--In this subsection--
``(A) the term `covered institution of higher education'
means an institution of higher education with which the
Secretary enters into a contract or cooperative agreement, or
to which the Secretary makes a grant, under paragraph (2)(B)
to operate a facility designated under paragraph (2)(A);
``(B) the terms `direct carbon emissions' and `low or no
emission vehicle' have the meanings given those terms in
subsection (d)(6);
``(C) the term `institution of higher education' has the
meaning given the term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002); and
``(D) the term `low or no emission vehicle component' means
an item that is separately installed in and removable from a
low or no emission vehicle.
``(2) Assessing low or no emission vehicle components.--
``(A) In general.--The Secretary shall designate not more
than 2 facilities to conduct testing, evaluation, and
analysis of low or no emission vehicle components intended
for use in low or no emission vehicles.
``(B) Operation and maintenance.--
``(i) In general.--The Secretary shall enter into a
contract or cooperative agreement with, or make a grant to,
not more than 2 institutions of higher education to each
operate and maintain a facility designated under subparagraph
(A).
``(ii) Requirements.--An institution of higher education
described in clause (i) shall have--
``(I) previous experience with transportation-related
advanced component and vehicle evaluation;
``(II) laboratories capable of testing and evaluation;
``(III) direct access to or a partnership with a testing
facility capable of emulating real-world circumstances in
order to test low or no emission vehicle components installed
on the intended vehicle;
``(IV) extensive knowledge of public-private partnerships
in the transportation sector, with emphasis on development
and evaluation of materials, products, and components;
``(V) the ability to reduce costs to partners by leveraging
existing programs to provide complementary research,
development, testing, and evaluation; and
``(VI) the means to conduct performance assessments on low
or no emission vehicle components based on industry
standards.
``(C) Fees.--A covered institution of higher education
shall establish and collect fees, which shall be approved by
the Secretary, for the assessment of low or no emission
components at the applicable facility designated under
subparagraph (A).
``(D) Availability of amounts to pay for assessment.--The
Secretary shall enter into a contract or cooperative
agreement with, or make a grant to, each covered institution
of higher education under which--
``(i) the Secretary shall pay 50 percent of the cost of
assessing a low or no emission vehicle component at the
applicable facility designated under subparagraph (A) from
amounts made available to carry out this section; and
``(ii) the remaining 50 percent of such cost shall be paid
from amounts recovered through the fees established and
collected pursuant to subparagraph (C).
``(E) Voluntary testing.--A manufacturer of a low or no
emission vehicle component is not required to assess the low
or no emission vehicle component at a facility designated
under subparagraph (A).
``(F) Compliance with section 5318.--Notwithstanding
whether a low or no emission vehicle component is assessed at
a facility designated under subparagraph (A), each new bus
model shall comply with the requirements under section 5318.
``(G) Separate facility.--Each facility designated under
subparagraph (A) shall be separate and distinct from the
facility operated and maintained under section 5318.
``(3) Low or no emission vehicle component performance
reports.--Not later than 2 years after the date of enactment
of the Federal Public Transportation Act of 2015, and
annually thereafter, the Secretary shall issue a report on
low or no emission vehicle component assessments conducted at
each facility designated under paragraph (2)(A), which shall
include information related to the maintainability,
reliability, performance, structural integrity, efficiency,
and noise of those low or no emission vehicle components.
``(4) Public availability of assessments.--Each assessment
conducted at a facility designated under paragraph (2)(A)
shall be made publically available, including to affected
industries.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to require--
``(A) a low or no emission vehicle component to be tested
at a facility designated under paragraph (2)(A); or
``(B) the development or disclosure of a privately funded
component assessment.'';
(6) in subsection (f), as so redesignated--
(A) in paragraph (2), by striking ``and'' at the end;
[[Page S5597]]
(B) by redesignating paragraph (3) as paragraph (4);
(C) by inserting after paragraph (2) the following:
``(3) a list of any projects that returned negative results
in the preceding fiscal year and an analysis of such results;
and''; and
(D) in paragraph (4), as so redesignated, by inserting
before the period at the end the following: ``based on
projects in the pipeline, ongoing projects, and anticipated
research efforts necessary to advance certain projects to a
subsequent research phase''; and
(7) by adding at the end the following:
``(h) Cooperative Research Program.--
``(1) In general.--The Secretary shall establish--
``(A) a public transportation cooperative research program
under this subsection; and
``(B) an independent governing board for the program, which
shall recommend public transportation research, development,
and technology transfer activities the Secretary considers
appropriate.
``(2) Federal assistance.--The Secretary may make grants
to, and cooperative agreements with, the National Academy of
Sciences to carry out activities under this subsection that
the Secretary determines appropriate.
``(3) Government share.--If there would be a clear and
direct financial benefit to an entity under a grant or
contract financed under this section, the Secretary shall
establish a Government share consistent with that benefit.''.
(b) Technical and Conforming Amendments.--
(1) Title 49.--Chapter 53 of title 49, United States Code,
is amended by striking section 5313.
(2) Table of sections amendment.--The table of sections for
chapter 53 of title 49, United States Code, is amended by
striking the items relating to sections 5312 and 5313 and
inserting the following:
``5312. Research, development, demonstration, and deployment program.
``[5313. Repealed.]''.
SEC. 21010. PRIVATE SECTOR PARTICIPATION.
(a) In General.--Section 5315 of title 49, United States
Code, is amended by adding at the end the following:
``(d) Rule of Construction.--Nothing in this section shall
be construed to alter--
``(1) the eligibilities, requirements, or priority for
assistance provided under this chapter; or
``(2) the requirements of section 5306(a).''.
(b) MAP-21 Technical Correction.--Section 20013(d) of the
Moving Ahead for Progress in the 21st Century Act (Public Law
112-141; 126 Stat. 694) is amended by striking ``5307(c)''
and inserting ``5307(b)''.
SEC. 21011. INNOVATIVE PROCUREMENT.
(a) In General.--Chapter 53 of title 49, United States
Code, is amended by inserting after section 5315 the
following:
``Sec. 5316. Innovative procurement
``(a) Definition.--In this section, the term `grantee'
means a recipient or subrecipient of assistance under this
chapter.
``(b) Cooperative Procurement.--
``(1) Definitions; general rules.--
``(A) Definitions.--In this subsection--
``(i) the term `cooperative procurement contract' means a
contract--
``(I) entered into between a State government or eligible
nonprofit and 1 or more vendors; and
``(II) under which the vendors agree to provide an option
to purchase rolling stock and related equipment to multiple
participants;
``(ii) the term `eligible nonprofit entity' means--
``(I) a nonprofit entity that is not a grantee; or
``(II) a consortium of entities described in subclause (I);
``(iii) the terms `lead nonprofit entity' and `lead
procurement agency' mean an eligible nonprofit entity or a
State government, respectively, that acts in an
administrative capacity on behalf of each participant in a
cooperative procurement contract;
``(iv) the term `participant' means a grantee that
participates in a cooperative procurement contract; and
``(v) the term `participate' means to purchase rolling
stock and related equipment under a cooperative procurement
contract using assistance provided under this chapter.
``(B) General rules.--
``(i) Procurement not limited to intrastate participants.--
A grantee may participate in a cooperative procurement
contract without regard to whether the grantee is located in
the same State as the parties to the contract.
``(ii) Voluntary participation.--Participation by grantees
in a cooperative procurement contract shall be voluntary.
``(iii) Contract terms.--The lead procurement agency or
lead nonprofit entity for a cooperative procurement contract
shall develop the terms of the contract.
``(iv) Duration.--A cooperative procurement contract--
``(I) subject to subclauses (II) and (III), may be for an
initial term of not more than 2 years;
``(II) may include not more than 3 optional extensions for
terms of not more than 1 year each; and
``(III) may be in effect for a total period of not more
than 5 years, including each extension authorized under
subclause (II).
``(v) Administrative expenses.--A lead procurement agency
or lead nonprofit entity, as applicable, that enters into a
cooperative procurement contract--
``(I) may charge the participants in the contract for the
cost of administering, planning, and providing technical
assistance for the contract in an amount that is not more
than 1 percent of the total value of the contract; and
``(II) with respect to the cost described in subclause (I),
may incorporate the cost into the price of the contract or
directly charge the participants for the cost, but not both.
``(2) State cooperative procurement schedules.--
``(A) Authority.--A State government may enter into a
cooperative procurement contract with 1 or more vendors if--
``(i) the vendors agree to provide an option to purchase
rolling stock and related equipment to the State government
and any other participant; and
``(ii) the State government acts throughout the term of the
contract as the lead procurement agency.
``(B) Applicability of policies and procedures.--In
procuring rolling stock and related equipment under a
cooperative procurement contract under this subsection, a
State government shall comply with the policies and
procedures that apply to procurement by the State government
when using non-Federal funds, to the extent that the policies
and procedures are in conformance with applicable Federal
law.
``(3) Pilot program for nonprofit cooperative
procurements.--
``(A) Establishment.--The Secretary shall establish and
carry out a pilot program to demonstrate the effectiveness of
cooperative procurement contracts administered by nonprofit
entities.
``(B) Designation.--In carrying out the program under this
paragraph, the Secretary shall designate not less than 1
eligible nonprofit entity to enter into a cooperative
procurement contract under which the nonprofit entity acts
throughout the term of the contract as the lead nonprofit
entity.
``(C) Number of entities.--The Secretary may designate not
more than 3 geographically diverse eligible nonprofit
entities under subparagraph (B).
``(D) Notice of intent to participate.--At a time
determined appropriate by the lead nonprofit entity, each
participant in a cooperative procurement contract under this
paragraph shall submit to the lead nonprofit entity a
nonbinding notice of intent to participate.
``(c) Leasing Arrangements.--
``(1) Capital lease defined.--
``(A) In general.--In this subsection, the term `capital
lease' means any agreement under which a grantee acquires the
right to use rolling stock or related equipment for a
specified period of time, in exchange for a periodic payment.
``(B) Maintenance.--A capital lease may require that the
lessor provide maintenance of the rolling stock or related
equipment covered by the lease.
``(2) Program to support innovative leasing arrangements.--
``(A) Authority.--A grantee may use assistance provided
under this chapter to enter into a capital lease if--
``(i) the rolling stock or related equipment covered under
the lease is eligible for capital assistance under this
chapter; and
``(ii) there is or will be no Federal interest in the
rolling stock or related equipment covered under the lease as
of the date on which the lease takes effect.
``(B) Grantee requirements.--A grantee that enters into a
capital lease shall--
``(i) maintain an inventory of the rolling stock or related
equipment acquired under the lease; and
``(ii) maintain on the accounting records of the grantee
the liability of the grantee under the lease.
``(C) Eligible lease costs.--The costs for which a grantee
may use assistance under this chapter, with respect to a
capital lease, include--
``(i) the cost of the rolling stock or related equipment;
``(ii) associated financing costs, including interest,
legal fees, and financial advisor fees;
``(iii) ancillary costs such as delivery and installation
charges; and
``(iv) maintenance costs.
``(D) Terms.--A grantee shall negotiate the terms of any
lease agreement that the grantee enters into.
``(E) Applicability of procurement requirements.--
``(i) Lease requirements.--Part 639 of title 49, Code of
Federal Regulations, or any successor regulation, and
implementing guidance applicable to leasing shall not apply
to a capital lease.
``(ii) Buy america.--The requirements under section 5323(j)
shall apply to a capital lease.
``(3) Incentive program for capital leasing of rolling
stock.--
``(A) Authority.--The Secretary shall carry out an
incentive program for capital leasing of rolling stock
(referred to in this paragraph as the `program').
``(B) Selection of participants.--
``(i) In general.--The Secretary shall select not less than
6 grantees to participate in the program, which shall be--
``(I) geographically diverse; and
``(II) evenly distributed among grantees in accordance with
clause (ii).
``(ii) Population size.--In selecting an even distribution
of grantees under clause (i)(II), the Secretary shall select
not less than--
``(I) 2 grantees that serve rural areas;
[[Page S5598]]
``(II) 2 grantees that serve urbanized areas with a
population of fewer than 200,000 individuals, as determined
by the Bureau of the Census; and
``(III) 2 grantees that serve urbanized areas with a
population of 200,000 or more individuals, as determined by
the Bureau of the Census.
``(iii) Waiver.--The Secretary may waive a requirement
under clause (ii) if an insufficient number of eligible
grantees of a particular population size apply to participate
in the program.
``(C) Participant requirements.--
``(i) In general.--A grantee that participates in the
program shall--
``(I) enter into a capital lease for a period of not less
than 5 years; and
``(II) replace not less than \1/4\ of the grantee's fleet
through the capital lease.
``(ii) Vehicle requirements.--The vehicles replaced under
clause (i)(II), with respect to the fleet as constituted on
the day before the date on which the capital lease is entered
into, shall--
``(I) be the oldest vehicles in the fleet; or
``(II) produce the highest quantity of direct greenhouse
gas emissions relative to the other vehicles in the fleet, as
determined by the Administrator of the Environmental
Protection Agency.
``(iii) Waiver of federal interest requirements.--If a
grantee participating in the program seeks to replace
vehicles that have a remaining Federal interest, the
Secretary shall--
``(I) evaluate the economic and environmental benefits of
waiving the Federal interest, as demonstrated by the grantee;
``(II) if the grantee demonstrates a net economic or
environmental benefit, grant an early disposition of the
vehicles; and
``(III) publish each evaluation and final determination of
the Secretary under this clause in a conspicuous location on
the website of the Federal Transit Administration.
``(D) Participant benefit.--During the period during which
a capital lease described in subparagraph (C)(i)(I), entered
into by a grantee participating in the program, is in effect,
the limit on the Government share of operating expenses under
subsection (d)(2) of section 5307, subsection (d)(2) of
section 5310, or subsection (g)(2) of section 5311 shall not
apply with respect to any grant awarded to the grantee under
the applicable section.
``(E) Reporting requirement.--Not later than 3 years after
the date on which a grantee enters into a capital lease under
the program, the grantee shall submit to the Secretary a
report that contains--
``(i) an evaluation of the overall costs and benefits of
leasing rolling stock;
``(ii) a cost comparison of leasing versus buying rolling
stock;
``(iii) a comparison of the expected short-term and long-
term maintenance costs of leasing versus buying rolling
stock; and
``(iv) a projected budget showing the changes in overall
operating and capital expenses due to the capital lease that
the grantee entered into under the program.
``(4) Incentive program for capital leasing of certain zero
emission vehicle components.--
``(A) Definitions.--In this paragraph--
``(i) the term `removable power source'--
``(I) means a power source that is separately installed in,
and removable from, a zero emission vehicle; and
``(II) may include a battery, a fuel cell, an ultra-
capacitor, or other advanced power source used in a zero
emission vehicle; and
``(ii) the term `zero emission vehicle' has the meaning
given the term in section 5339(c).
``(B) Leased power sources.--Notwithstanding any other
provision of law, for purposes of this subsection, the cost
of a removable power source that is necessary for the
operation of a zero emission vehicle shall not be treated as
part of the cost of the vehicle if the removable power source
is acquired using a capital lease.
``(C) Eligible capital lease.--A grantee may acquire a
removable power source by itself through a capital lease.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter
53 of title 49, United States Code, is amended by inserting
after the item relating to section 5315 the following:
``5316. Innovative procurement.''.
(2) Conforming amendment.--Section 5325(e)(2) of title 49,
United States Code, is amended by inserting after ``this
subsection'' the following: ``, section 5316,''.
SEC. 21012. HUMAN RESOURCES AND TRAINING.
Section 5322 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1), in the paragraph heading, by striking
``Program established'' and inserting ``In general'';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
``(2) Programs.--A program eligible for assistance under
subsection (a) shall--
``(A) provide skills training, on-the-job training, and
work-based learning;
``(B) offer career pathways that support the movement from
initial or short-term employment opportunities to sustainable
careers;
``(C) address current or projected workforce shortages;
``(D) replicate successful workforce development models; or
``(E) respond to such other workforce needs as the
Secretary determines appropriate.'';
(D) in paragraph (3), as so redesignated--
(i) in subparagraph (G), by striking ``and'' at the end;
(ii) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(I) give priority to minorities, women, individuals with
disabilities, veterans, low-income populations, and other
underserved populations.''; and
(E) by adding at the end the following:
``(4) Coordination.--A recipient of assistance under this
subsection shall--
``(A) identify the workforce needs and commensurate
training needs at the local level in coordination with
entities such as local employers, local public transportation
operators, labor union organizations, workforce development
boards, State workforce agencies, State apprenticeship
agencies (where applicable), university transportation
centers, community colleges, and community-based
organizations representing minorities, women, disabled
individuals, veterans, and low-income populations; and
``(B) to the extent practicable, conduct local training
programs in coordination with existing local training
programs supported by the Secretary, the Department of Labor
(including registered apprenticeship programs), and the
Department of Education.
``(5) Program outcomes.--A recipient of assistance under
this subsection shall demonstrate outcomes for any program
that includes skills training, on-the-job training, and work-
based learning, including--
``(A) the impact on reducing public transportation
workforce shortages in the area served;
``(B) the diversity of training participants;
``(C) the number of participants obtaining certifications
or credentials required for specific types of employment;
``(D) employment outcomes, including job placement, job
retention, and wages, using performance metrics established
in consultation with the Secretary and the Secretary of Labor
and consistent with metrics used by programs under the
Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.); and
``(E) to the extent practical, evidence that the program
did not preclude workers who are participating in skills
training, on-the-job training, and work-based learning from
being referred to, or hired on, projects funded under this
chapter without regard to the length of time of their
participation in the program.''; and
(2) in subsection (d), by striking paragraph (4) and
inserting the following:
``(4) Use for technical assistance.--The Secretary may use
not more than 1 percent of the amounts made available to
carry out this section to provide technical assistance for
activities and programs developed, conducted, and overseen
under this subsection.
``(5) Availability of amounts.--
``(A) In general.--Not more than 0.5 percent of the amounts
made available to a recipient under sections 5307, 5337, and
5339 is available for expenditure by the recipient, with the
approval of the Secretary, to pay not more than 80 percent of
the cost of eligible activities under this subsection.
``(B) Existing programs.--A recipient may use amounts made
available under paragraph (A) to carry out existing local
education and training programs for public transportation
employees supported by the Secretary, the Department of
Labor, or the Department of Education.''.
SEC. 21013. GENERAL PROVISIONS.
Section 5323 of title 49, United States Code, is amended--
(1) in subsection (j)--
(A) in paragraph (2), by striking subparagraph (C) and
inserting the following:
``(C) when procuring rolling stock (including train
control, communication, and traction power equipment, and
rolling stock prototypes) under this chapter--
``(i) the cost of components and subcomponents produced in
the United States--
``(I) for fiscal years 2016 and 2017, is more than 60
percent of the cost of all components of the rolling stock;
``(II) for fiscal years 2018 and 2019, is more than 65
percent of the cost of all components of the rolling stock;
and
``(III) for fiscal year 2020 and each fiscal year
thereafter, is more than 70 percent of the cost of all
components of the rolling stock; and
``(ii) final assembly of the rolling stock has occurred in
the United States; or'';
(B) by resdesignating paragraphs (5) through (9) as
paragraphs (7) through (11), respectively;
(C) by inserting after paragraph (4) the following:
``(5) Rolling stock frames or car shells.--In carrying out
paragraph (2)(C) in the case of a rolling stock procurement
receiving assistance under this chapter in which the average
cost of a rolling stock vehicle in the procurement is more
than $300,000, if rolling stock frames or car shells are not
produced in the United States, the Secretary shall include in
the calculation of the domestic content of the rolling stock
the cost of steel or iron used in the rolling stock frames or
car shells if--
``(A) all manufacturing processes for the steel or iron
occur in the United States; and
``(B) the amount of steel or iron used in the rolling stock
frames or car shells is significant.
[[Page S5599]]
``(6) Certification of domestic supply and disclosure.--
``(A) Certification of domestic supply.--If the Secretary
denies an application for a waiver under paragraph (2), the
Secretary shall provide to the applicant a written
certification that--
``(i) the steel, iron, or manufactured goods, as
applicable, (referred to in this subparagraph as the `item')
is produced in the United States in a sufficient and
reasonably available amount;
``(ii) the item produced in the United States is of a
satisfactory quality; and
``(iii) includes a list of known manufacturers in the
United States from which the item can be obtained.
``(B) Disclosure.--The Secretary shall disclose the waiver
denial and the written certification to the public in an
easily identifiable location on the website of the Department
of Transportation.'';
(D) in paragraph (8), as so redesignated, by striking
``Federal Public Transportation Act of 2012'' and inserting
``Federal Public Transportation Act of 2015''; and
(E) by inserting after paragraph (11), as so redesignated,
the following:
``(12) Production in united states.--For purposes of this
subsection, steel and iron may be considered produced in the
United States if all the manufacturing processes, except
metallurgical processes involving refinement of steel
additives, took place in the United States.
``(13) Definition of small purchase.--For purposes of
determining whether a purchase qualifies for a general public
interest waiver under paragraph (2)(A) of this subsection,
including under any regulation promulgated under that
paragraph, the term `small purchase' means a purchase of not
more than $150,000.'';
(2) in subsection (q)(1), by striking the second sentence;
and
(3) by adding at the end the following:
``(s) Value Capture Revenue Eligible for Local Share.--
Notwithstanding any other provision of law, a recipient of
assistance under this chapter may use the revenue generated
from value capture financing mechanisms as local matching
funds for capital projects and operating costs eligible under
this chapter.
``(t) Value Engineering.--Nothing in this chapter shall be
construed to authorize the Secretary to mandate the use of
value engineering in projects funded under this chapter.''.
SEC. 21014. PROJECT MANAGEMENT OVERSIGHT.
Section 5327 of title 49, United States Code, is amended--
(1) in subsection (c), by striking ``section 5338(i)'' and
inserting ``section 5338(h)''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``section 5338(i)'' and inserting ``section
5338(h)''; and
(ii) by striking ``and'' at the end; and
(B) by striking paragraph (2) and inserting the following:
``(2) a requirement that oversight--
``(A) begin during the project development phase of a
project, unless the Secretary finds it more appropriate to
begin the oversight during another phase of the project, to
maximize the transportation benefits and cost savings
associated with project management oversight; and
``(B) be limited to quarterly reviews of compliance by the
recipient with the project management plan approved under
subsection (b) unless the Secretary finds that the recipient
requires more frequent oversight because the recipient has,
for 2 consecutive quarterly reviews, failed to meet the
requirements of such plan and the project is at risk of going
over budget or becoming behind schedule; and
``(3) a process for recipients that the Secretary has found
require more frequent oversight to return to quarterly
reviews for purposes of paragraph (2)(B).''.
SEC. 21015. PUBLIC TRANSPORTATION SAFETY PROGRAM.
(a) In General.--Section 5329 of title 49, United States
Code, is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (C), by striking ``and'' at the end;
(B) by redesignating subparagraph (D) as subparagraph (E);
and
(C) by inserting after subparagraph (C) the following:
``(D) minimum safety standards to ensure the safe operation
of public transportation systems that--
``(i) are not related to performance standards for public
transportation vehicles developed under subparagraph (C); and
``(ii) to the extent practicable, take into consideration--
``(I) relevant recommendations of the National
Transportation Safety Board;
``(II) best practices standards developed by the public
transportation industry;
``(III) any minimum safety standards or performance
criteria being implemented across the public transportation
industry; and
``(IV) any additional information that the Secretary
determines necessary and appropriate; and'';
(2) in subsection (f)(2), by inserting after ``public
transportation system of a recipient'' the following: ``or
the public transportation industry generally'';
(3) in subsection (g)(1), in the matter preceding
subparagraph (A), by striking ``an eligible State, as defined
in subsection (e),'' and inserting ``a recipient''; and
(4) by adding at the end the following:
``(l) FOIA Exemption.--
``(1) Definition.--In this subsection, the term `covered
record'--
``(A) means any record that the Secretary obtains under a
provision of, or regulation or order under, this section that
relates to the establishment, implementation, or modification
of a public transportation agency safety plan; and
``(B) includes a public transportation agency's analysis of
its safety risks and its statement of the mitigation measures
with which it will address those risks.
``(2) Exemption.--Except as necessary for the Secretary or
another Federal agency to enforce or carry out any provision
of Federal law, any part of any covered record is exempt from
the requirements of section 552 of title 5 if the covered
record is--
``(A) supplied to the Secretary pursuant to the review or
audit of a public transportation agency safety plan; or
``(B) made available for inspection and copying by an
officer, employee, or agent of the Secretary pursuant to a
public transportation agency safety plan.
``(3) Exception.--Notwithstanding paragraph (2), the
Secretary may disclose any part of a covered record comprised
of facts otherwise available to the public if, in the
Secretary's sole discretion, the Secretary determines that
disclosure would be consistent with the confidentiality
needed for a public transportation agency safety plan.
``(4) Discretionary prohibition of disclosure.--The
Secretary may prohibit the public disclosure of risk analyses
or risk mitigation analyses that the Secretary has obtained
under other provisions of, or regulations or orders under,
this chapter if the Secretary determines that the prohibition
of public disclosure is necessary to promote public
transportation safety.''.
(b) Review of Public Transportation Safety Standards.--
(1) Review required.--
(A) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall commence a review
of the safety standards and protocols used in rail fixed
guideway public transportation systems in the United States
that examines the efficacy of existing standards and
protocols.
(B) Contents of review.--In conducting the review under
this paragraph, the Secretary shall review--
(i) minimum safety performance standards developed by the
public transportation industry;
(ii) safety performance standards, practices, or protocols
in use by rail fixed guideway public transportation systems,
including--
(I) written emergency plans and procedures for passenger
evacuations;
(II) training programs to ensure public transportation
personnel compliance and readiness in emergency situations;
(III) coordination plans with local emergency responders
having jurisdiction over a rail fixed guideway public
transportation system, including--
(aa) emergency preparedness training, drills, and
familiarization programs for those first responders; and
(bb) the scheduling of regular field exercises to ensure
appropriate response and effective radio and public safety
communications;
(IV) maintenance, testing, and inspection programs to
ensure the proper functioning of--
(aa) tunnel, station, and vehicle ventilation systems;
(bb) signal and train control systems, track, mechanical
systems, and other infrastructure; and
(cc) other systems as necessary;
(V) certification requirements for train and bus operators
and control center employees;
(VI) consensus-based standards, practices, or protocols
available to the public transportation industry; and
(VII) any other standards, practices, or protocols the
Secretary determines appropriate; and
(iii) vehicle safety standards, practices, or protocols in
use by public transportation systems, concerning--
(I) bus design and the workstation of bus operators, as it
relates to--
(aa) the reduction of blindspots that contribute to
accidents involving pedestrians; and
(bb) protecting bus operators from the risk of assault; and
(II) scheduling fixed route bus service with adequate time
and access for operators to use restroom facilities.
(2) Evaluation.--After conducting the review under
paragraph (1), the Secretary shall, in consultation with
representatives of the public transportation industry,
evaluate the need to establish Federal minimum public
transportation safety standards, including--
(A) standards governing worker safety;
(B) standards for the operation of signals, track, on-track
equipment, mechanical systems, and control systems; and
(C) any other areas the Secretary, in consultation with the
public transportation industry, determines require further
evaluation.
(3) Report.--Upon completing the review and evaluation
required under paragraphs (1) and (2), respectively, and not
later than 1 year after the date of enactment of this Act,
the Secretary shall submit to the Committee on Banking,
Housing, and Urban Affairs of
[[Page S5600]]
the Senate and the Committee on Transportation and
Infrastructure of the of House of Representatives a report
that includes--
(A) findings based on the review conducted under paragraph
(1);
(B) the outcome of the evaluation conducted under paragraph
(2);
(C) a comprehensive set of recommendations to improve the
safety of the public transportation industry, including
recommendations for legislative changes where applicable; and
(D) actions that the Secretary will take to address the
recommendations provided under subparagraph (C), including,
if necessary, the establishment of Federal minimum public
transportation safety standards.
SEC. 21016. STATE OF GOOD REPAIR GRANTS.
Section 5337 of title 49, United States Code, is amended--
(1) in subsection (c)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--Of the amount authorized or made
available for a fiscal year under section 5338(a)(2)(L)--
``(A) $100,000,000 shall be made available in accordance
with this subsection; and
``(B) 97.15 percent of the remainder shall be apportioned
to recipients in accordance with this subsection.''; and
(B) in paragraph (2)(B), by inserting ``the provisions of''
before ``section 5336(b)(1)'';
(2) in subsection (d)--
(A) in paragraph (2), by striking ``section 5338(a)(2)(I),
2.85 percent'' and inserting ``section 5338(a)(2)(L), the
remainder after the application of subsection (c)(1)''; and
(B) by adding at the end the following:
``(5) Use of funds.--Amounts apportioned under this
subsection may be used for any project that is an eligible
project under subsection (b)(1).''; and
(3) by adding at the end the following:
``(e) Government Share of Costs.--
``(1) Capital projects.--A grant for a capital project
under this section shall be for 80 percent of the net project
cost of the project. The recipient may provide additional
local matching amounts.
``(2) Remaining costs.--The remainder of the net project
costs shall be provided from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, or new
capital.''.
SEC. 21017. AUTHORIZATIONS.
Section 5338 of title 49, United States Code, as amended by
division G, is amended to read as follows:
``Sec. 5338. Authorizations
``(a) Grants.--
``(1) In general.--There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out
sections 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5322(b),
5322(d), 5335, 5337, 5339, and 5340, section 20005(b) of the
Federal Public Transportation Act of 2012, and section
21007(b) of the Federal Public Transportation Act of 2015--
``(A) $9,184,747,400 for fiscal year 2016;
``(B) $9,380,039,349 for fiscal year 2017;
``(C) $9,685,745,744 for fiscal year 2018;
``(D) $10,101,051,238 for fiscal year 2019;
``(E) $10,351,763,806 for fiscal year 2020; and
``(F) $10,609,442,553 for fiscal year 2021.
``(2) Allocation of funds.--Of the amounts made available
under paragraph (1)--
``(A) $132,020,000 for fiscal year 2016, $134,934,342 for
fiscal year 2017, $138,004,098 for fiscal year 2018,
$141,328,616 for fiscal year 2019, $144,893,631 for fiscal
year 2020, and $148,557,701 for fiscal year 2021 shall be
available to carry out section 5305;
``(B) $10,000,000 for each of fiscal years 2016 through
2021 shall be available to carry out section 20005(b) of the
Federal Public Transportation Act of 2012;
``(C) $4,538,905,700 for fiscal year 2016, $4,639,102,043
for fiscal year 2017, $4,794,641,615 for fiscal year 2018,
$4,975,879,158 for fiscal year 2019, $5,101,395,710 for
fiscal year 2020, and $5,230,399,804 for fiscal year 2021
shall be allocated in accordance with section 5336 to provide
financial assistance for urbanized areas under section 5307;
``(D) $263,466,000 for fiscal year 2016, $269,282,012 for
fiscal year 2017, $275,408,178 for fiscal year 2018,
$288,264,292 for fiscal year 2019, $295,535,759 for fiscal
year 2020, and $303,009,267 for fiscal year 2021 shall be
available to provide financial assistance for services for
the enhanced mobility of seniors and individuals with
disabilities under section 5310;
``(E) $2,000,000 for each of fiscal years 2016 through 2021
shall be available for the pilot program for innovative
coordinated access and mobility under section 21007(b) of the
Federal Public Transportation Act of 2015;
``(F) $619,956,000 for fiscal year 2016, $633,641,529 for
fiscal year 2017, $648,056,873 for fiscal year 2018,
$678,308,311 for fiscal year 2019, $695,418,638 for fiscal
year 2020, and $713,004,385 for fiscal year 2021 shall be
available to provide financial assistance for rural areas
under section 5311, of which not less than--
``(i) $35,000,000 for each of fiscal years 2016 through
2021 shall be available to carry out section 5311(c)(1); and
``(ii) $20,000,000 for each of fiscal years 2016 through
2021 shall be available to carry out section 5311(c)(2);
``(G) $30,000,000 for each of fiscal years 2016 through
2021 shall be available to carry out section 5312, of which--
``(i) $5,000,000 for each of fiscal years 2016 through 2021
shall be available to carry out section 5312(e); and
``(ii) $5,000,000 for each of fiscal years 2016 through
2021 shall be available to carry out section 5312(h);
``(H) $4,000,000 for each of fiscal years 2016 through 2021
shall be available to carry out section 5314;
``(I) $3,000,000 for each of fiscal years 2016 through 2021
shall be available for bus testing under section 5318;
``(J) $5,000,000 for each of fiscal years 2016 through 2021
shall be available for the national transit institute under
section 5322(d);
``(K) $4,000,000 for each of fiscal years 2016 through 2021
shall be available to carry out section 5335;
``(L) $2,428,342,500 for fiscal year 2016, $2,479,740,661
for fiscal year 2017, $2,533,879,761 for fiscal year 2018,
$2,592,511,924 for fiscal year 2019, $2,655,385,537 for
fiscal year 2020, and $2,720,006,127 for fiscal year 2021
shall be available to carry out section 5337;
``(M) $430,794,600 for fiscal year 2016, $440,304,391 for
fiscal year 2017, $495,321,316 for fiscal year 2018,
$585,851,498 for fiscal year 2019, $605,422,352 for fiscal
year 2020, and $625,536,993 for fiscal year 2021 shall be
available for the bus and bus facilities program under
section 5339(a);
``(N) $180,000,000 for each of fiscal years 2016 and 2017,
$185,000,000 for fiscal year 2018, and $190,000,000 for each
of fiscal years 2019 through 2021 shall be available for bus
and bus facilities competitive grants under section 5339(b)
and no or low emission grants under section 5339(c), of which
$55,000,000 for each of fiscal years 2016 through 2021 shall
be available to carry out section 5339(c);
``(O) $533,262,600 for fiscal year 2016, $545,034,372 for
fiscal year 2017, $557,433,904 for fiscal year 2018,
$586,907,438 for fiscal year 2019, $601,712,178 for fiscal
year 2020, and $616,928,276 for fiscal year 2021 shall be
allocated in accordance with section 5340 to provide
financial assistance for urbanized areas under section 5307
and rural areas under section 5311; and
``(P) $4,000,000 for each of fiscal years 2019 through 2021
shall be available to carry out section 5322(b).
``(b) Research, Development, Demonstration, and Deployment
Program.--There are authorized to be appropriated to carry
out section 5312, other than subsections (e) and (h) of that
section, $20,000,000 for each of fiscal years 2016 through
2021.
``(c) Technical Assistance and Standards Development.--
There are authorized to be appropriated to carry out section
5314, $7,000,000 for each of fiscal years 2016 through 2021.
``(d) Human Resources and Training.--There are authorized
to be appropriated to carry out subsections (a), (b), (c),
and (e) of section 5322, $5,000,000 for each of fiscal years
2016 through 2021.
``(e) Emergency Relief Program.--There are authorized to be
appropriated such sums as are necessary to carry out section
5324.
``(f) Capital Investment Grants.--There are authorized to
be appropriated to carry out section 5309 of this title and
section 21006(b) of the Federal Public Transportation Act of
2015, $2,301,785,760 for fiscal year 2016, $2,352,597,681 for
fiscal year 2017, $2,406,119,278 for fiscal year 2018,
$2,464,082,691 for fiscal year 2019, $2,526,239,177 for
fiscal year 2020, and $2,590,122,713 for fiscal year 2021, of
which $276,214,291 for fiscal year 2016, $282,311,722 for
fiscal year 2017, $288,734,313 for fiscal year 2018,
$295,689,923 for fiscal year 2019, $303,148,701 for fiscal
year 2020, and $310,814,726 for fiscal year 2021 shall be
available to carry out section 21006(b) of the Federal Public
Transportation Act of 2015.
``(g) Administration.--
``(1) In general.--There are authorized to be appropriated
to carry out section 5334, $115,016,543 for fiscal year 2016,
$117,555,533 for fiscal year 2017, $120,229,921 for fiscal
year 2018, $123,126,260 for fiscal year 2019, $126,232,120
for fiscal year 2020, and $129,424,278 for fiscal year 2021.
``(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than $8,000,000
for each of fiscal years 2016 through 2021 shall be available
to carry out section 5329.
``(3) Section 5326.--Of the amounts made available under
paragraph (2), not less than $2,000,000 for each of fiscal
years 2016 through 2021 shall be available to carry out
section 5326.
``(h) Oversight.--
``(1) In general.--Of the amounts made available to carry
out this chapter for a fiscal year, the Secretary may use not
more than the following amounts for the activities described
in paragraph (2):
``(A) 0.5 percent of amounts made available to carry out
section 5305.
``(B) 0.75 percent of amounts made available to carry out
section 5307.
``(C) 1 percent of amounts made available to carry out
section 5309.
``(D) 1 percent of amounts made available to carry out
section 601 of the Passenger Rail Investment and Improvement
Act of 2008 (Public Law 110-432; 126 Stat. 4968).
``(E) 0.5 percent of amounts made available to carry out
section 5310.
``(F) 0.5 percent of amounts made available to carry out
section 5311.
``(G) 1 percent of amounts made available to carry out
section 5337, of which not less than 0.25 percent shall be
available to carry out section 5329.
``(H) 0.75 percent of amounts made available to carry out
section 5339.
``(2) Activities.--The activities described in this
paragraph are as follows:
``(A) Activities to oversee the construction of a major
capital project.
[[Page S5601]]
``(B) Activities to review and audit the safety and
security, procurement, management, and financial compliance
of a recipient or subrecipient of funds under this chapter.
``(C) Activities to provide technical assistance generally,
and to provide technical assistance to correct deficiencies
identified in compliance reviews and audits carried out under
this section.
``(3) Government share of costs.--The Government shall pay
the entire cost of carrying out a contract under this
subsection.
``(4) Availability of certain funds.--Funds made available
under paragraph (1)(C) shall be made available to the
Secretary before allocating the funds appropriated to carry
out any project under a full funding grant agreement.
``(i) Grants as Contractual Obligations.--
``(1) Grants financed from highway trust fund.--A grant or
contract that is approved by the Secretary and financed with
amounts made available from the Mass Transit Account of the
Highway Trust Fund pursuant to this section is a contractual
obligation of the Government to pay the Government share of
the cost of the project.
``(2) Grants financed from general fund.--A grant or
contract that is approved by the Secretary and financed with
amounts appropriated in advance from the General Fund of the
Treasury pursuant to this section is a contractual obligation
of the Government to pay the Government share of the cost of
the project only to the extent that amounts are appropriated
for such purpose by an Act of Congress.
``(j) Availability of Amounts.--Amounts made available by
or appropriated under this section shall remain available
until expended.''.
SEC. 21018. GRANTS FOR BUS AND BUS FACILITIES.
(a) In General.--Chapter 53 of title 49, United States
Code, as amended by division G, is amended by striking
section 5339 and inserting the following:
``Sec. 5339. Grants for bus and bus facilities
``(a) Formula Grants.--
``(1) Definitions.--In this subsection--
``(A) the term `low or no emission vehicle' has the meaning
given that term in subsection (c)(1);
``(B) the term `State' means a State of the United States;
and
``(C) the term `territory' means the District of Columbia,
Puerto Rico, the Northern Mariana Islands, Guam, American
Samoa, and the United States Virgin Islands.
``(2) General authority.--The Secretary may make grants
under this subsection to assist eligible recipients described
in paragraph (4)(A) in financing capital projects--
``(A) to replace, rehabilitate, and purchase buses and
related equipment, including technological changes or
innovations to modify low or no emissions vehicles or
facilities; and
``(B) to construct bus-related facilities.
``(3) Grant requirements.--The requirements of--
``(A) section 5307 shall apply to recipients of grants made
in urbanized areas under this subsection; and
``(B) section 5311 shall apply to recipients of grants made
in rural areas under this subsection.
``(4) Eligible recipients and subrecipients.--
``(A) Recipients.--Eligible recipients under this
subsection are--
``(i) designated recipients that allocate funds to fixed
route bus operators; or
``(ii) State or local governmental entities that operate
fixed route bus service.
``(B) Subrecipients.--A recipient that receives a grant
under this subsection may allocate amounts of the grant to
subrecipients that are public agencies or private nonprofit
organizations engaged in public transportation.
``(5) Distribution of grant funds.--Funds allocated under
section 5338(a)(2)(M) shall be distributed as follows:
``(A) National distribution.--$103,000,000 for each of
fiscal years 2016 through 2021 shall be allocated to all
States and territories, with each State receiving $2,000,000
for each such fiscal year and each territory receiving
$500,000 for each such fiscal year.
``(B) Distribution using population and service factors.--
The remainder of the funds not otherwise distributed under
subparagraph (A) shall be allocated pursuant to the formula
set forth in section 5336 other than subsection (b).
``(6) Transfers of apportionments.--
``(A) Transfer flexibility for national distribution
funds.--The Governor of a State may transfer any part of the
State's apportionment under paragraph (5)(A) to supplement
amounts apportioned to the State under section 5311(c) of
this title or amounts apportioned to urbanized areas under
subsections (a) and (c) of section 5336 of this title.
``(B) Transfer flexibility for population and service
factors funds.--The Governor of a State may expend in an
urbanized area with a population of less than 200,000 any
amounts apportioned under paragraph (5)(B) that are not
allocated to designated recipients in urbanized areas with a
population of 200,000 or more.
``(7) Government share of costs.--
``(A) Capital projects.--A grant for a capital project
under this subsection shall be for 80 percent of the net
capital costs of the project. A recipient of a grant under
this subsection may provide additional local matching
amounts.
``(B) Remaining costs.--The remainder of the net project
cost shall be provided--
``(i) in cash from non-Government sources other than
revenues from providing public transportation services;
``(ii) from revenues derived from the sale of advertising
and concessions;
``(iii) from an undistributed cash surplus, a replacement
or depreciation cash fund or reserve, or new capital;
``(iv) from amounts received under a service agreement with
a State or local social service agency or private social
service organization; or
``(v) from revenues generated from value capture financing
mechanisms.
``(8) Period of availability to recipients.--Amounts made
available under this subsection may be obligated by a
recipient for 3 fiscal years after the fiscal year in which
the amount is apportioned. Not later than 30 days after the
end of the 3-fiscal-year period described in the preceding
sentence, any amount that is not obligated on the last day of
that period shall be added to the amount that may be
apportioned under this subsection in the next fiscal year.
``(b) Bus and Bus Facilities Competitive Grants.--
``(1) In general.--The Secretary may make grants under this
subsection to designated recipients to assist in the
financing of bus and bus facilities capital projects,
including--
``(A) replacing, rehabilitating, purchasing, or leasing
buses or related equipment; and
``(B) rehabilitating, purchasing, constructing, or leasing
bus-related facilities.
``(2) Grant considerations.--In making grants under this
subsection, the Secretary shall consider the age and
condition of buses, bus fleets, related equipment, and bus-
related facilities.
``(3) Statewide applications.--A State may submit a
statewide application on behalf of a public agency or private
nonprofit organization engaged in public transportation in
rural areas or other areas for which the State allocates
funds. The submission of a statewide application shall not
preclude the submission and consideration of any application
under this subsection from other eligible recipients in an
urbanized area in a State.
``(4) Requirements for the secretary.--The Secretary
shall--
``(A) disclose all metrics and evaluation procedures to be
used in considering grant applications under this subsection
upon issuance of the notice of funding availability in the
Federal Register; and
``(B) publish a summary of final scores for selected
projects, metrics, and other evaluations used in awarding
grants under this subsection in the Federal Register.
``(5) Rural projects.--Not less 10 percent of the amounts
made available under this subsection in a fiscal year shall
be distributed to projects in rural areas.
``(6) Grant requirements.--
``(A) In general.--A grant under this subsection shall be
subject to the requirements of--
``(i) section 5307 for recipients of grants made in
urbanized areas; and
``(ii) section 5311 for recipients of grants made in rural
areas.
``(B) Government share of costs.--The Government share of
the cost of an eligible project carried out under this
subsection shall not exceed 80 percent.
``(7) Availability of funds.--Any amounts made available to
carry out this subsection--
``(A) shall remain available for 2 fiscal years after the
fiscal year for which the amount is made available; and
``(B) that remain unobligated at the end of the period
described in subparagraph (A) shall be added to the amount
made available to an eligible project in the following fiscal
year.
``(8) Limitation.--Of the amounts made available under this
subsection, not more than 15 percent may be awarded to a
single grantee.
``(c) Low or No Emission Grants.--
``(1) Definitions.--In this subsection--
``(A) the term `direct carbon emissions' means the quantity
of direct greenhouse gas emissions from a vehicle, as
determined by the Administrator of the Environmental
Protection Agency;
``(B) the term `eligible project' means a project or
program of projects in an eligible area for--
``(i) acquiring low or no emission vehicles;
``(ii) leasing low or no emission vehicles;
``(iii) acquiring low or no emission vehicles with a leased
power source;
``(iv) constructing facilities and related equipment for
low or no emission vehicles;
``(v) leasing facilities and related equipment for low or
no emission vehicles;
``(vi) constructing new public transportation facilities to
accommodate low or no emission vehicles; or
``(vii) rehabilitating or improving existing public
transportation facilities to accommodate low or no emission
vehicles;
``(C) the term `leased power source' means a removable
power source, as defined in paragraph (4)(A) of section
5316(c), that is made available through a capital lease under
that section;
``(D) the term `low or no emission bus' means a bus that is
a low or no emission vehicle;
``(E) the term `low or no emission vehicle' means--
[[Page S5602]]
``(i) a passenger vehicle used to provide public
transportation that the Secretary determines sufficiently
reduces energy consumption or harmful emissions, including
direct carbon emissions, when compared to a comparable
standard vehicle; or
``(ii) a zero emission vehicle used to provide public
transportation;
``(F) the term `recipient' means a designated recipient, a
local governmental authority, or a State that receives a
grant under this subsection for an eligible project; and
``(G) the term `zero emission vehicle' means a low or no
emission vehicle that produces no carbon or particulate
matter.
``(2) General authority.--The Secretary may make grants to
recipients to finance eligible projects under this
subsection.
``(3) Grant requirements.--
``(A) In general.--A grant under this subsection shall be
subject to the requirements of section 5307.
``(B) Government share of costs for certain projects.--
Section 5323(i) applies to eligible projects carried out
under this subsection, unless the recipient requests a lower
grant percentage.
``(C) Combination of funding sources.--
``(i) Combination permitted.--An eligible project carried
out under this subsection may receive funding under section
5307 or any other provision of law.
``(ii) Government share.--Nothing in this subparagraph
shall be construed to alter the Government share required
under paragraph (7), section 5307, or any other provision of
law.
``(4) Competitive process.--The Secretary shall--
``(A) not later than 30 days after the date on which
amounts are made available for obligation under this
subsection for a full fiscal year, solicit grant applications
for eligible projects on a competitive basis; and
``(B) award a grant under this subsection based on the
solicitation under subparagraph (A) not later than the
earlier of--
``(i) 75 days after the date on which the solicitation
expires; or
``(ii) the end of the fiscal year in which the Secretary
solicited the grant applications.
``(5) Consideration.--In awarding grants under this
subsection, the Secretary shall only consider eligible
projects relating to the acquisition or leasing of low or no
emission buses that--
``(A) make greater reductions in energy consumption and
harmful emissions, including direct carbon emissions, than
comparable standard buses or other low or no emission buses;
and
``(B) are part of a long-term integrated fleet management
plan for the recipient.
``(6) Availability of funds.--Any amounts made available to
carry out this subsection--
``(A) shall remain available to an eligible project for 2
fiscal years after the fiscal year for which the amount is
made available; and
``(B) that remain unobligated at the end of the period
described in subparagraph (A) shall be added to the amount
made available to an eligible project in the following fiscal
year.
``(7) Government share of costs.--
``(A) In general.--The Federal share of the cost of an
eligible project carried out under this subsection shall not
exceed 80 percent.
``(B) Non-federal share.--The non-Federal share of the cost
of an eligible project carried out under this subsection may
be derived from in-kind contributions.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 53 of title 49, United States Code, is
amended by striking the item relating to section 5339 and
inserting the following:
``5339. Grants for bus and bus facilities.''.
SEC. 21019. SALARY OF FEDERAL TRANSIT ADMINISTRATOR.
(a) In General.--Section 5313 of title 5, United States
Code, is amended by adding at the end the following:
``Federal Transit Administrator.''.
(b) Conforming Amendment.--Section 5314 of title 5, United
States Code, is amended by striking ``Federal Transit
Administrator.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the first day of the first pay period
beginning on or after the first day of the first fiscal year
beginning after the date of enactment of this Act.
SEC. 21020. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Chapter 53 of Title 49, United States Code.--
(1) In general.--Chapter 53 of title 49, United States
Code, is amended--
(A) by striking section 5319;
(B) in section 5325--
(i) in subsection (e)(2), by striking ``at least two''; and
(ii) in subsection (h), by striking ``Federal Public
Transportation Act of 2012'' and inserting ``Federal Public
Transportation Act of 2015'';
(C) in section 5336--
(i) in subsection (a), by striking ``subsection (h)(4)''
and inserting ``subsection (h)(5)''; and
(ii) in subsection (h), as amended by division G--
(I) by striking paragraph (1) and inserting the following:
``(1) $30,000,000 for each fiscal year shall be set aside
to carry out section 5307(h);''; and
(II) in paragraph (3), by striking ``1.5 percent'' and
inserting ``2 percent''; and
(D) in section 5340(b), by striking ``section
5338(b)(2)(M)'' and inserting ``section 5338(a)(2)(O)''.
(2) Table of sections.--The table of sections for chapter
53 of title 49, United States Code, is amended by striking
the item relating to section 5319 and inserting the
following:
``[5319. Repealed.]''.
(b) Chapter 105 of Title 49, United States Code.--Section
10501(c) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(i), by striking ``section 5302(a)''
and inserting ``section 5302''; and
(B) in subparagraph (B)--
(i) by striking ``mass transportation'' and inserting
``public transportation''; and
(ii) by striking ``section 5302(a)'' and inserting
``section 5302''; and
(2) in paragraph (2)(A), by striking ``mass
transportation'' and inserting ``public transportation''.
DIVISION C--COMPREHENSIVE TRANSPORTATION AND CONSUMER PROTECTION ACT OF
2015
SEC. 31001. SHORT TITLE.
This division may be cited as the ``Comprehensive
Transportation and Consumer Protection Act of 2015.''
SEC. 31002. REFERENCES TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, wherever in this
division an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 49, United States Code.
SEC. 31003. EFFECTIVE DATE.
Subtitle A of title XXXII, sections 33103, 34101(g), 34105,
34106, 34107, 34133, 34141, 34202, 34203, 34204, 34205,
34206, 34207, 34208, 34211, 34212, 34213, 34214, 34215,
subtitles C and D of title XXXIV, and title XXXV take effect
on the date of enactment of this Act.
TITLE XXXI--OFFICE OF THE SECRETARY
Subtitle A--Accelerating Project Delivery
SEC. 31101. DELEGATION OF AUTHORITY.
(a) In General.--Chapter 1 is amended by adding at the end
the following:
``Sec. 116. Administrations; acting officers
``No person designated to serve as the acting head of an
administration in the department of transportation under
section 3345 of title 5 may continue to perform the functions
and duties of the office if the time limitations in section
3346 of that title would prevent the person from continuing
to serve in a formal acting capacity.''.
(b) Conforming Amendment.--The table of contents for
chapter 1 is amended by inserting after the item relating to
section 115 the following:
``116. Administrations; acting officers.''.
(c) Application.--The amendment under subsection (a) shall
apply to any applicable office with a position designated for
a Senate confirmed official.
SEC. 31102. INFRASTRUCTURE PERMITTING IMPROVEMENT CENTER.
(a) In General.--Subchapter I of chapter 3, as amended by
sections 31104 and 31106 of this Act, is further amended by
adding after section 311 the following:
``Sec. 312. Interagency Infrastructure Permitting Improvement
Center
``(a) In General.--There is established in the Office of
the Secretary an Interagency Infrastructure Permitting
Improvement Center (referred to in this section as the
`Center').
``(b) Roles and Responsibilities.--
``(1) Governance.--The Center shall report to the chair of
the Steering Committee described in paragraph (2) to ensure
that the perspectives of all member agencies are represented.
``(2) Infrastructure permitting steering committee.--An
Infrastructure Permitting Steering Committee (referred to in
this section as the `Steering Committee') is established to
oversee the work of the Center. The Steering Committee shall
be chaired by the Federal Chief Performance Officer in
consultation with the Chair of the Council on Environmental
Quality and shall be comprised of Deputy-level
representatives from the following departments and agencies:
``(A) The Department of Defense.
``(B) The Department of the Interior.
``(C) The Department of Agriculture.
``(D) The Department of Commerce.
``(E) The Department of Transportation.
``(F) The Department of Energy.
``(G) The Department of Homeland Security.
``(H) The Environmental Protection Agency.
``(I) The Advisory Council on Historic Preservation.
``(J) The Department of the Army.
``(K) The Department of Housing and Urban Development.
``(L) Other agencies the Chair of the Steering Committee
invites to participate.
``(3) Activities.--The Center shall support the Chair of
the Steering Committee and undertake the following:
``(A) Coordinate and support implementation of priority
reform actions for Federal agency permitting and reviews for
areas as defined and identified by the Steering Committee.
``(B) Support modernization efforts at Federal agencies and
interagency pilots for innovative approaches to the
permitting and review of infrastructure projects.
``(C) Provide technical assistance and training to field
and headquarters staff of
[[Page S5603]]
Federal agencies on policy changes, innovative approaches to
project delivery, and other topics as appropriate.
``(D) Identify, develop, and track metrics for timeliness
of permit reviews, permit decisions, and project outcomes.
``(E) Administer and expand the use of online transparency
tools providing for--
``(i) tracking and reporting of metrics;
``(ii) development and posting of schedules for permit
reviews and permit decisions; and
``(iii) sharing of best practices related to efficient
project permitting and reviews.
``(F) Provide reporting to the President on progress toward
achieving greater efficiency in permitting decisions and
review of infrastructure projects and progress toward
achieving better outcomes for communities and the
environment.
``(G) Meet not less frequently than annually with groups or
individuals representing State, Tribal, and local governments
that are engaged in the infrastructure permitting process.
``(4) Infrastructure sectors covered.--The Center shall
support process improvements in the permitting and review of
infrastructure projects in the following sectors:
``(A) Surface transportation.
``(B) Aviation.
``(C) Ports and waterways.
``(D) Water resource projects.
``(E) Renewable energy generation.
``(F) Electricity transmission.
``(G) Broadband.
``(H) Pipelines.
``(I) Other sectors, as determined by the Steering
Committee.
``(c) Performance Measures.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Comprehensive Transportation and Consumer
Protection Act of 2015, the Secretary, in coordination with
the heads of other Federal agencies on the Steering Committee
with responsibility for the review and approval of
infrastructure projects sectors described in subsection
(b)(4), shall evaluate and report on--
``(A) the progress made toward aligning Federal reviews of
such projects and the improvement of project delivery
associated with those projects; and
``(B) the effectiveness of the Center in achieving
reduction of permitting time and project delivery time.
``(2) Performance targets.--Not later than 180 days after
the date on which the Secretary of Transportation establishes
performance measures in accordance with paragraph (1), the
Secretary shall establish performance targets relating to
each of the measures and standards described in subparagraphs
(A) and (B) of paragraph (1).
``(3) Report to congress.--Not later than 2 years after the
date of enactment of the Comprehensive Transportation and
Consumer Protection Act of 2015 and biennially thereafter,
the Secretary shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives that describes--
``(A) the results of the evaluation conducted under
paragraph (1); and
``(B) the progress towards achieving the targets
established under paragraph (2).
``(4) Inspector general report.--Not later than 3 years
after the date of enactment of the Comprehensive
Transportation and Consumer Protection Act of 2015, the
Inspector General of the Department of Transportation shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that describes--
``(A) the results of the evaluation conducted under
paragraph (1); and
``(B) the progress towards achieving the targets
established under paragraph (2).''.
(b) Conforming Amendment.--The table of contents of chapter
3, as amended by sections 31104 and 31106 of this Act, is
further amended by inserting after the item relating to
section 311 the following:
``312. Interagency Infrastructure Permitting Improvement Center.''.
SEC. 31103. ACCELERATED DECISION-MAKING IN ENVIRONMENTAL
REVIEWS.
(a) In General.--Subchapter I of chapter 3 is amended by
inserting after section 304 the following:
``Sec. 304a. Accelerated decision-making in environmental
reviews
``(a) In General.--In preparing a final environmental
impact statement under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), if the Department of
Transportation, when acting as lead agency, modifies the
statement in response to comments that are minor and are
confined to factual corrections or explanations of why the
comments do not warrant additional Departmental response, the
Department may write on errata sheets attached to the
statement instead of rewriting the draft statement, subject
to the condition that the errata sheets--
``(1) cite the sources, authorities, or reasons that
support the position of the Department; and
``(2) if appropriate, indicate the circumstances that would
trigger Departmental reappraisal or further response.
``(b) Incorporation.--To the maximum extent practicable,
the Department shall expeditiously develop a single document
that consists of a final environmental impact statement and a
record of decision, unless--
``(1) the final environmental impact statement makes
substantial changes to the proposed action that are relevant
to environmental or safety concerns; or
``(2) there are significant new circumstances or
information relevant to environmental concerns and that bear
on the proposed action or the impacts of the proposed
action.''.
(b) Conforming Amendment.--The table of contents of chapter
3 is amended by inserting after the item relating to section
304 the following:
``304a. Accelerated decision-making in environmental reviews.''.
SEC. 31104. ENVIRONMENTAL REVIEW ALIGNMENT AND REFORM.
(a) In General.--Subchapter I of chapter 3 is amended by
inserting after section 309 the following:
``Sec. 310. Aligning Federal environmental reviews
``(a) Coordinated and Concurrent Environmental Reviews.--
Not later than 1 year after the date of enactment of the
Comprehensive Transportation and Consumer Protection Act of
2015, the Department of Transportation, in coordination with
the Steering Committee described in section 312 of this
title, shall develop a coordinated and concurrent
environmental review and permitting process for
transportation projects when initiating an environmental
impact statement under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) (referred to in this section
as `NEPA'). The coordinated and concurrent environmental
review and permitting process shall--
``(1) ensure that the Department of Transportation and
Federal agencies of jurisdiction possess sufficient
information early in the review process to determine a
statement of a transportation project's purpose and need and
range of alternatives for analysis that the lead agency and
agencies of jurisdiction will rely upon for concurrent
environmental reviews and permitting decisions required for
the proposed project;
``(2) achieve early concurrence or issue resolution during
the NEPA scoping process on the Department of
Transportation's statement of a project's purpose and need
and during development of the environmental impact statement
on the range of alternatives for analysis that the lead
agency and agencies of jurisdiction will rely upon for
concurrent environmental reviews and permitting decisions
required for the proposed project absent circumstances that
require reconsideration in order to meet an agency of
jurisdiction's legal obligations; and
``(3) achieve concurrence or issue resolution in an
expedited manner if circumstances arise that require a
reconsideration of the purpose and need or range of
alternatives considered during any Federal agency's
environmental or permitting review in order to meet an agency
of jurisdiction's legal obligations.
``(b) Environmental Checklist.--The Secretary of
Transportation and Federal agencies of jurisdiction likely to
have substantive review or approval responsibilities on
transportation projects, not later than 90 days after the
date of enactment of the Comprehensive Transportation and
Consumer Protection Act of 2015, shall jointly develop a
checklist to help project sponsors identify potential
natural, cultural, and historic resources in the area of a
proposed project. The purpose of the checklist is--
``(1) to identify agencies of jurisdiction and cooperating
agencies,
``(2) to develop the information needed for the purpose and
need and alternatives for analysis; and
``(3) to improve interagency collaboration to help expedite
the permitting process for the lead agency and Federal
agencies of jurisdiction.
``(c) Interagency Collaboration.--Consistent with Federal
environmental statutes and the priority reform actions for
Federal agency permitting and reviews defined and identified
by the Steering Committee established under section 312, the
Secretary shall facilitate annual interagency collaboration
sessions at the appropriate jurisdictional level to
coordinate business plans and facilitate coordination of
workload planning and workforce management. This engagement
shall ensure agency staff is fully engaged and utilizing the
flexibility of existing regulations, policies, and guidance
and identifying additional actions to facilitate high
quality, efficient, and targeted environmental reviews and
permitting decisions. The sessions and the interagency
collaborations they generate shall focus on how to work with
State and local transportation entities to improve project
planning, siting, and application quality and how to consult
and coordinate with relevant stakeholders and Federal,
tribal, State, and local representatives early in permitting
processes.
``(d) Performance Measurement.--Not later than 1 year after
the date of enactment of the Comprehensive Transportation and
Consumer Protection Act of 2015, the Secretary of
Transportation, in coordination with the Steering Committee
established under section 312 of this title, shall establish
a program to measure and report on progress towards aligning
Federal reviews as outlined in this section.''.
(b) Conforming Amendment.--The table of contents of
subchapter I of chapter 3 is amended by inserting after the
item relating to section 309 the following:
``310. Aligning Federal environmental reviews.''.
[[Page S5604]]
SEC. 31105. MULTIMODAL CATEGORICAL EXCLUSIONS.
Section 304 is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``operating authority'' and inserting
``operating administration or secretarial office'';
(ii) by inserting ``has expertise but'' before ``is not the
lead''; and
(iii) by inserting ``proposed multimodal'' before
``project'';
(B) by amending paragraph (2) to read as follows:
``(2) Lead authority.--The term `lead authority' means a
Department of Transportation operating administration or
secretarial office that has the lead responsibility for a
proposed multimodal project.''; and
(C) in paragraph (3), by striking ``has the meaning given
the term in section 139(a) of title 23'' and inserting
``means an action by the Department of Transportation that
involves expertise of 1 or more Department of Transportation
operating administrations or secretarial offices'';
(2) in subsection (b), by striking ``under this title'' and
inserting ``by the Secretary of Transportation'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``a categorical exclusion designated under
the implementing regulations or'' and inserting ``categorical
exclusions designated under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) implementing''; and
(ii) by striking ``other components of the'' and inserting
``a proposed multimodal'';
(B) by amending paragraphs (1) and (2) to read as follows:
``(1) the lead authority makes a preliminary determination
on the applicability of a categorical exclusion to a proposed
multimodal project and notifies the cooperating authority of
its intent to apply the cooperating authority categorical
exclusion;
``(2) the cooperating authority does not object to the lead
authority's preliminary determination of its
applicability;'';
(C) in paragraph (3)--
(i) by inserting ``the lead authority determines that''
before ``the component of''; and
(ii) by inserting ``proposed multimodal'' before ``project
to be covered''; and
(D) by amending paragraph (4) to read as follows:
``(4) the lead authority, with the concurrence of the
cooperating authority--
``(A) follows implementing regulations or procedures under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.);
``(B) determines that the proposed multimodal project does
not individually or cumulatively have a significant impact on
the environment; and
``(C) determines that extraordinary circumstances do not
exist that merit additional analysis and documentation in an
environmental impact statement or environmental assessment
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).''; and
(4) by amending subsection (d) to read as follows:
``(d) Cooperating Authority Expertise.--A cooperating
authority shall provide expertise to the lead authority on
aspects of the multimodal project in which the cooperating
authority has expertise.''.
SEC. 31106. IMPROVING TRANSPARENCY IN ENVIRONMENTAL REVIEWS.
(a) In General.--Subchapter I of chapter 3, as amended by
section 31104 of this Act, is further amended by inserting
after section 310 the following:
``Sec. 311. Improving transparency in environmental reviews
``(a) In General.--Not later than 2 years after the date of
enactment of the Comprehensive Transportation and Consumer
Protection Act of 2015, the Secretary of Transportation shall
establish an online platform and, in coordination with
Federal agencies described in subsection (b), issue reporting
standards to make publicly available the status and progress
with respect to compliance with applicable requirements under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) and any other Federal approval required under
applicable laws for projects and activities requiring an
environmental assessment or an environmental impact
statement.
``(b) Federal Agency Participation.--A Federal agency of
jurisdiction over an approval required for a project under
applicable laws shall provide information regarding the
status and progress of the approval to the online platform,
consistent with the standards established under subsection
(a).
``(c) Assignment of Responsibilities.--An entity with
assigned authority for responsibilities under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
under section 326 or section 327 of title 23 shall be
responsible for supplying project development and compliance
status for all applicable projects.''.
(b) Conforming Amendment.--The table of contents of
subchapter I of chapter 3, as amended by section 31104 of
this Act, is further amended by inserting after the item
relating to section 310, the following:
``311. Improving transparency in environmental reviews.''.
SEC. 31107. LOCAL TRANSPORTATION INFRASTRUCTURE PROGRAM.
Section 610 of title 23, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking subparagraph (A) and
inserting the following:
``(A) 10 percent of the funds apportioned to the State for
each of fiscal years 2016 through 2021 under each of sections
104(b)(1), 104(b)(2), and 144; and'';
(B) in paragraph (2), by striking ``2005 through 2009'' and
inserting ``2016 through 2021'';
(C) in paragraph (3), by striking ``2005 through 2009'' and
inserting ``2016 through 2021''; and
(D) in paragraph (5), by striking ``section 133(d)(3)'' and
inserting ``section 133(d)(4)''; and
(2) in subsection (k), by striking ``2005 through 2009''
and inserting ``2016 through 2021''.
Subtitle B--Research
SEC. 31201. FINDINGS.
Congress makes the followings findings:
(1) Federal transportation research planning and
coordination--
(A) should occur within the Office of the Secretary; and
(B) should be, to the extent practicable, multi-modal and
not occur solely within the subagencies of the Department of
Transportation.
(2) Managing a multi-modal research portfolio within the
Office of the Secretary will--
(A) help identify opportunities where research could be
applied across modes; and
(B) prevent duplication of efforts and waste of limited
Federal resources.
(3) An ombudsman for research at the Department of
Transportation will--
(A) give stakeholders a formal opportunity to address
concerns;
(B) ensure unbiased research; and
(C) improve the overall research products of the
Department.
(4) Increasing transparency of transportation research
efforts will--
(A) build stakeholder confidence in the final product; and
(B) lead to the improved implementation of research
findings.
SEC. 31202. MODAL RESEARCH PLANS.
(a) In General.--Not later than June 15 of the year
preceding the research fiscal year, the head of each modal
administration and joint program office of the Department of
Transportation shall submit a comprehensive annual modal
research plan to the Assistant Secretary for Research and
Technology of the Department of Transportation (referred to
in this subtitle as the ``Assistant Secretary'').
(b) Review.--
(1) In general.--Not later than October 1 of each year, the
Assistant Secretary, for each plan submitted pursuant to
subsection (a), shall--
(A) review the scope of the research; and
(B)(i) approve the plan; or
(ii) request that the plan be revised.
(2) Publications.--Not later than January 30 of each year,
the Secretary shall publish each plan that has been approved
under paragraph (1)(B)(i) on a public website.
(3) Rejection of duplicative research efforts.--The
Assistant Secretary may not approve any plan submitted by the
head of a modal administration or joint program office
pursuant to subsection (a) if such plan duplicates the
research efforts of any other modal administration.
(c) Funding Limitations.--No funds may be expended by the
Department of Transportation on research that has not
previously been approved as part of a modal research plan
approved by the Assistant Secretary unless--
(1) such research is required by an Act of Congress;
(2) such research was part of a contract that was funded
before the date of enactment of this Act; or
(3) the Secretary of Transportation certifies to Congress
that such research is necessary before the approval of a
modal research plan.
(d) Duplicative Research.--
(1) In general.--Except as provided in paragraph (2), no
funds may be expended by the Department of Transportation on
research projects that the Secretary identifies as
duplicative under subsection (b)(3).
(2) Exceptions.--Paragraph (1) shall not apply to--
(A) updates to previously commissioned research;
(B) research commissioned to carry out an Act of Congress;
or
(C) research commissioned before the date of enactment of
this Act.
(e) Certification.--
(1) In general.--The Secretary shall annually certify to
Congress that--
(A) each modal research plan has been reviewed; and
(B) there is no duplication of study for research directed,
commissioned, or conducted by the Department of
Transportation.
(2) Corrective action plan.--If the Secretary, after
submitting a certification under paragraph (1), identifies
duplication of research within the Department of
Transportation, the Secretary shall--
(A) notify Congress of the duplicative research; and
(B) submit a corrective action plan to Congress that will
eliminate such duplicative research.
SEC. 31203. CONSOLIDATED RESEARCH PROSPECTUS AND STRATEGIC
PLAN.
(a) Prospectus.--
[[Page S5605]]
(1) In general.--The Secretary shall annually publish, on a
public website, a comprehensive prospectus on all research
projects conducted by the Department of Transportation,
including, to the extent practicable, research funded through
University Transportation Centers.
(2) Contents.--The prospectus published under paragraph (1)
shall--
(A) include the consolidated modal research plans approved
under section 1302;
(B) describe the research objectives, progress, and
allocated funds for each research project;
(C) identify research projects with multi-modal
applications;
(D) specify how relevant modal administrations have
assisted, will contribute to, or plan to use the findings
from the research projects identified under paragraph (1);
(E) identify areas in which multiple modal administrations
are conducting research projects on similar subjects or
subjects which have bearing on multiple modes;
(F) describe the interagency and cross modal communication
and coordination that has occurred to prevent duplication of
research efforts within the Department of Transportation;
(G) indicate how research is being disseminated to improve
the efficiency and safety of transportation systems;
(H) describe how agencies developed their research plans;
and
(I) describe the opportunities for public and stakeholder
input.
(b) Funding Report.--In conjunction with each of the
President's annual budget requests under section 1105 of
title 31, United States Code, the Secretary shall submit a
report to appropriate committees of Congress that describes--
(1) the amount spent in the last completed fiscal year on
transportation research and development; and
(2) the amount proposed in the current budget for
transportation research and development.
(c) Performance Plans and Reports.--In the plans and
reports submitted under sections 1115 and 1116 of title 31,
United States Code, the Secretary shall include--
(1) a summary of the Federal transportation research and
development activities for the previous fiscal year in each
topic area;
(2) the amount spent in each topic area;
(3) a description of the extent to which the research and
development is meeting the expectations set forth in
subsection (d)(3)(A); and
(4) any amendments to the strategic plan developed under
subsection (d).
(d) Transportation Research and Development Strategic
Plan.--
(1) In general.--The Secretary shall develop a 5-year
transportation research and development strategic plan to
guide future Federal transportation research and development
activities.
(2) Consistency.--The strategic plan developed under
paragraph (1) shall be consistent with--
(A) section 306 of title 5, United States Code;
(B) sections 1115 and 1116 of title 31, United States Code;
and
(C) any other research and development plan within the
Department of Transportation.
(3) Contents.--The strategic plan developed under paragraph
(1) shall--
(A) describe the primary purposes of the transportation
research and development program, which shall include--
(i) promoting safety;
(ii) reducing congestion;
(iii) improving mobility;
(iv) preserving the existing transportation system;
(v) improving the durability and extending the life of
transportation infrastructure; and
(vi) improving goods movement;
(B) for each of the purposes referred to in subparagraph
(A), list the primary research and development topics that
the Department of Transportation intends to pursue to
accomplish that purpose, which may include--
(i) fundamental research in the physical and natural
sciences;
(ii) applied research;
(iii) technology research; and
(iv) social science research intended for each topic; and
(C) for each research and development topic--
(i) identify the anticipated annual funding levels for the
period covered by the strategic plan; and
(ii) include any additional information the Department of
Transportation expects to discover at the end of the period
covered by the strategic plan as a result of the research and
development in that topic area.
(4) Considerations.--The Secretary shall ensure that the
strategic plan developed under this section--
(A) reflects input from a wide range of stakeholders;
(B) includes and integrates the research and development
programs of all the Department of Transportation's modal
administrations, including aviation, transit, rail, and
maritime; and
(C) takes into account how research and development by
other Federal, State, private sector, and nonprofit
institutions--
(i) contributes to the achievement of the purposes
identified under paragraph (3)(A); and
(ii) avoids unnecessary duplication of such efforts.
(e) Technical and Conforming Amendments.--
(1) Chapter 5 of title 23.--Chapter 5 of title 23, United
States Code, is amended--
(A) by striking section 508;
(B) in the table of contents, by striking the item relating
to section 508;
(C) in section 502--
(i) in subsection (a)(9), by striking ``transportation
research and technology development strategic plan developed
under section 508'' and inserting ``transportation research
and development strategic plan under section 31203 of the
Comprehensive Transportation and Consumer Protection Act of
2015''; and
(ii) in subsection (b)(4), by striking ``transportation
research and development strategic plan of the Secretary
developed under section 508'' and inserting ``transportation
research and development strategic plan under section 31203
of the Comprehensive Transportation and Consumer Protection
Act of 2015''; and
(D) in section 512(b), by striking ``as part of the
transportation research and development strategic plan
developed under section 508''.
(2) Intelligent transportation systems.--Section 5205 of
the Intelligent Transportation Systems Act of 1998 (23 U.S.C.
502 note) is amended--
(A) in subsection (b), by striking ``as part of the Surface
Transportation Research and Development Strategic Plan
developed under section 508 of title 23, United States Code''
and inserting ``as part of the transportation research and
development strategic plan under section 31203 of the
Comprehensive Transportation and Consumer Protection Act of
2015''; and
(B) in subsection (e)(2)(A), by striking ``or the Surface
Transportation Research and Development Strategic Plan
developed under section 508 of title 23, United States Code''
and inserting ``or the transportation research and
development strategic plan under section 31203 of the
Comprehensive Transportation and Consumer Protection Act of
2015''.
(3) Intelligent transportation system research.--Subtitle C
of title V of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (23 U.S.C. 512
note) is amended--
(A) in section 5305(h)(3)(A), by striking ``the strategic
plan under section 508 of title 23, United States Code'' and
inserting ``the 5-year transportation research and
development strategic plan under section 31203 of the
Comprehensive Transportation and Consumer Protection Act of
2015''; and
(B) in section 5307(c)(2)(A), by striking ``or the surface
transportation research and development strategic plan
developed under section 508 of title 23, United States Code''
and inserting ``or the 5-year transportation research and
development strategic plan under section 31203 of the
Comprehensive Transportation and Consumer Protection Act of
2015''.
SEC. 31204. RESEARCH OMBUDSMAN.
(a) In General.--Subtitle III is amended by inserting after
chapter 63 the following:
``CHAPTER 65--RESEARCH OMBUDSMAN
``Sec.
``6501. Research ombudsman.
``Sec. 6501. Research ombudsman
``(a) Establishment.--The Assistant Secretary for Research
and Technology shall appoint a career Federal employee to
serve as Research Ombudsman. This appointment shall not
diminish the authority of peer review of research.
``(b) Qualifications.--The Research Ombudsman appointed
under subsection (a), to the extent practicable--
``(1) shall have a background in academic research and a
strong understanding of sound study design;
``(2) shall develop a working knowledge of the stakeholder
communities and research needs of the transportation field;
and
``(3) shall not have served as a political appointee of the
Department.
``(c) Responsibilities.--
``(1) Addressing complaints and questions.--The Research
Ombudsman shall--
``(A) receive complaints and questions about--
``(i) significant alleged omissions, improprieties, and
systemic problems; and
``(ii) excessive delays of, or within, a specific research
project; and
``(B) evaluate and address the complaints and questions
described in subparagraph (A).
``(2) Petitions.--
``(A) Review.--The Research Ombudsman shall review
petitions relating to--
``(i) conflicts of interest;
``(ii) the study design and methodology;
``(iii) assumptions and potential bias;
``(iv) the length of the study; and
``(v) the composition of any data sampled.
``(B) Response to petitions.--The Research Ombudsman
shall--
``(i) respond to relevant petitions within a reasonable
period;
``(ii) identify deficiencies in the petition's study
design; and
``(iii) propose a remedy for such deficiencies to the
administrator of the modal administration responsible for
completing the research project.
``(C) Response to proposed remedy.--The administrator of
the modal administration charged with completing the research
project shall respond to the proposed research remedy.
``(3) Required reviews.--The Research Ombudsman shall
evaluate the study plan for all
[[Page S5606]]
statutorily required studies and reports before the
commencement of such studies to ensure that the research plan
has an appropriate sample size and composition to address the
stated purpose of the study.
``(d) Reports.--
``(1) In general.--Upon the completion of each review under
subsection (c), the Research Ombudsman shall--
``(A) submit a report containing the results of such review
to--
``(i) the Secretary;
``(ii) the head of the relevant modal administration; and
``(iii) the study or research leader; and
``(B) publish such results on a public website, with the
modal administration response required under subsection
(c)(2)(C).
``(2) Independence.--Each report required under this
section shall be provided directly to the individuals
described in paragraph (1) without any comment or amendment
from the Secretary, the Deputy Secretary of Transportation,
the head of any modal administration of the Department, or
any other officer or employee of the Department or the Office
of Management and Budget.
``(e) Report to Inspector General.--The Research Ombudsman
shall submit any evidence of misfeasance, malfeasance, waste,
fraud, or abuse uncovered during a review under this section
to the Inspector General for further review.
``(f) Removal.--The Research Ombudsman shall be subject to
adverse employment action for misconduct or good cause in
accordance with the procedures and grounds set forth in
chapter 75 of title 5.''.
(b) Technical and Conforming Amendment.--The table of
chapters for subtitle III is amended by inserting after the
item relating to chapter 63 the following:
``65. Research ombudsman....................................6501''.....
SEC. 31205. SMART CITIES TRANSPORTATION PLANNING STUDY.
(a) In General.--The Secretary shall conduct a study of
digital technologies and information technologies, including
shared mobility, data, transportation network companies, and
on-demand transportation services--
(1) to understand the degree to which cities are adopting
these technologies;
(2) to assess future planning, infrastructure and
investment needs; and
(3) to provide best practices to plan for smart cities in
which information and technology are used--
(A) to improve city operations;
(B) to grow the local economy;
(C) to improve response in times of emergencies and natural
disasters; and
(D) to improve the lives of city residents.
(b) Components.--The study conducted under subsection (a)
shall--
(1) identify broad issues that influence the ability of the
United States to plan for and invest in smart cities,
including barriers to collaboration and access to scientific
information; and
(2) review how the expanded use of digital technologies,
mobile devices, and information may--
(A) enhance the efficiency and effectiveness of existing
transportation networks;
(B) optimize demand management services;
(C) impact low-income and other disadvantaged communities;
(D) assess opportunities to share, collect, and use data;
(E) change current planning and investment strategies; and
(F) provide opportunities for enhanced coordination and
planning.
(c) Reporting.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall publish the report
containing the results of the study required under subsection
(a) to a public website.
SEC. 31206. BUREAU OF TRANSPORTATION STATISTICS INDEPENDENCE.
Section 6302 is amended by adding at the end the following:
``(d) Independence of Bureau.--
``(1) In general.--The Director shall not be required--
``(A) to obtain the approval of any other officer or
employee of the Department with respect to the collection or
analysis of any information; or
``(B) prior to publication, to obtain the approval of any
other officer or employee of the United States Government
with respect to the substance of any statistical technical
reports or press releases lawfully prepared by the Director.
``(2) Budget authority.--The Director shall have a
significant role in the disposition and allocation of the
Bureau's authorized budget, including--
``(A) all hiring, grants, cooperative agreements, and
contracts awarded by the Bureau to carry out this section;
and
``(B) the disposition and allocation of amounts paid to the
Bureau for cost-reimbursable projects.
``(3) Exceptions.--The Secretary shall direct external
support functions, such as the coordination of activities
involving multiple modal administrations.
``(4) Information technology.--The Department Chief
Information Officer shall consult with the Director to ensure
decisions related to information technology guarantee the
protection of the confidentiality of information provided
solely for statistical purposes, in accordance with the
Confidential Information Protection and Statistical
Efficiency Act of 2002 (44 U.S.C. 3501 note).''.
SEC. 31207. CONFORMING AMENDMENTS.
(a) Title 49 Amendments.--
(1) Assistant secretaries; general counsel.--Section 102(e)
is amended--
(A) in paragraph (1), by striking ``5'' and inserting
``6''; and
(B) in paragraph (1)(A), by inserting ``an Assistant
Secretary for Research and Technology,'' before ``and an
Assistant Secretary''.
(2) Office of the assistant secretary for research and
technology of the department of transportation.--Section 112
is repealed.
(3) Table of contents.--The table of contents of chapter 1
is amended by striking the item relating to section 112.
(4) Research contracts.--Section 330 is amended--
(A) in the section heading, by striking ``contracts'' and
inserting ``activities'';
(B) in subsection (a), by inserting ``In General.--''
before ``The Secretary'';
(C) in subsection (b), by inserting ``Responsibilities.--''
before ``In carrying out'';
(D) in subsection (c), by inserting ``Publications.--''
before ``The Secretary''; and
(E) by adding at the end the following:
``(d) Duties.--The Secretary shall provide for the
following:
``(1) Coordination, facilitation, and review of the
Department's research and development programs and
activities.
``(2) Advancement, and research and development, of
innovative technologies, including intelligent transportation
systems.
``(3) Comprehensive transportation statistics research,
analysis, and reporting.
``(4) Education and training in transportation and
transportation-related fields.
``(5) Activities of the Volpe National Transportation
Systems Center.
``(e) Additional Authorities.--The Secretary may--
``(1) enter into grants and cooperative agreements with
Federal agencies, State and local government agencies, other
public entities, private organizations, and other persons--
``(A) to conduct research into transportation service and
infrastructure assurance; and
``(B) to carry out other research activities of the
Department;
``(2) carry out, on a cost-shared basis, collaborative
research and development to encourage innovative solutions to
multimodal transportation problems and stimulate the
deployment of new technology with--
``(A) non-Federal entities, including State and local
governments, foreign governments, institutions of higher
education, corporations, institutions, partnerships, sole
proprietorships, and trade associations that are incorporated
or established under the laws of any State;
``(B) Federal laboratories; and
``(C) other Federal agencies; and
``(3) directly initiate contracts, grants, cooperative
research and development agreements (as defined in section 12
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a)), and other agreements to fund, and accept
funds from, the Transportation Research Board of the National
Research Council of the National Academy of Sciences, State
departments of transportation, cities, counties, institutions
of higher education, associations, and the agents of those
entities to carry out joint transportation research and
technology efforts.
``(f) Federal Share.--
``(1) In general.--Subject to paragraph (2), the Federal
share of the cost of an activity carried out under subsection
(e)(3) shall not exceed 50 percent.
``(2) Exception.--If the Secretary determines that the
activity is of substantial public interest or benefit, the
Secretary may approve a greater Federal share.
``(3) Non-federal share.--All costs directly incurred by
the non-Federal partners, including personnel, travel,
facility, and hardware development costs, shall be credited
toward the non-Federal share of the cost of an activity
described in paragraph (1).
``(g) Program Evaluation and Oversight.--For fiscal years
2016 through 2021, the Secretary is authorized to expend not
more than 1 and a half percent of the amounts authorized to
be appropriated for necessary expenses for administration and
operations of the Office of the Assistant Secretary for
Research and Technology for the coordination, evaluation, and
oversight of the programs administered under this section.
``(h) Use of Technology.--The research, development, or use
of a technology under a contract, grant, cooperative research
and development agreement, or other agreement entered into
under this section, including the terms under which the
technology may be licensed and the resulting royalties may be
distributed, shall be subject to the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
``(i) Waiver of Advertising Requirements.--Section 6101 of
title 41 shall not apply to a contract, grant, or other
agreement entered into under this section.''.
(5) Table of contents.--The item relating to section 330 in
the table of contents of chapter 3 is amended by striking
``Contracts'' and inserting ``Activities''.
(6) Bureau of transportation statistics.--Section 6302(a)
is amended to read as follows:
``(a) In General.--There shall be within the Department the
Bureau of Transportation Statistics.''.
(b) Title 5 Amendments.--
(1) Positions at level ii.--Section 5313 of title 5, United
States Code, is amended by
[[Page S5607]]
striking ``Under Secretary of Transportation for Security.''.
(2) Positions at level iii.--Section 5314 of title 5,
United States Code, is amended by striking ``Administrator,
Research and Innovative Technology Administration.''.
(3) Positions at level iv.--Section 5315 of title 5, United
States Code, is amended by striking ``(4)'' in the
undesignated item relating to Assistant Secretaries of
Transportation and inserting ``(5)''.
(4) Positions at level v.--Section 5316 is amended by
striking ``Associate Deputy Secretary, Department of
Transportation.''.
SEC. 31208. REPEAL OF OBSOLETE OFFICE.
(a) In General.--Section 5503 is repealed.
(b) Table of Contents.--The table of contents of chapter 55
is amended by striking the item relating to section 5503.
Subtitle C--Port Performance Act
SEC. 31301. SHORT TITLE.
This subtitle may be cited as the ``Port Performance Act''.
SEC. 31302. FINDINGS.
Congress finds the following:
(1) America's ports play a critical role in the Nation's
transportation supply chain network.
(2) Reliable and efficient movement of goods through the
Nation's ports ensures that American goods are available to
customers throughout the world.
(3) Breakdowns in the transportation supply chain network,
particularly at the Nation's ports, can result in tremendous
economic losses for agriculture, businesses, and retailers
that rely on timely shipments.
(4) A clear understanding of terminal and port productivity
and throughput should help--
(A) to identify freight bottlenecks;
(B) to indicate performance and trends over time; and
(C) to inform investment decisions.
SEC. 31303. PORT PERFORMANCE FREIGHT STATISTICS PROGRAM.
(a) In General.--Chapter 63 is amended by adding at the end
the following:
``Sec. 6314. Port performance freight statistics program
``(a) In General.--The Director shall establish, on behalf
of the Secretary, a port performance statistics program to
provide nationally consistent measures of performance of, at
a minimum--
``(1) the Nation's top 25 ports by tonnage;
``(2) the Nation's top 25 ports by 20-foot equivalent unit;
and
``(3) the Nation's top 25 ports by dry bulk.
``(b) Annual Reports.--
``(1) Port capacity and throughput.--Not later than January
15 of each year, the Director shall submit an annual report
to Congress that includes statistics on capacity and
throughput at the ports described in subsection (a).
``(2) Port performance measures.--The Director shall
collect monthly port performance measures for each of the
United States ports referred to in subsection (a) that
receives Federal assistance or is subject to Federal
regulation to submit an annual report to the Bureau of
Transportation Statistics that includes monthly statistics on
capacity and throughput as applicable to the specific
configuration of the port.
``(A) Monthly measures.--The Director shall collect monthly
measures, including--
``(i) the average number of lifts per hour of containers by
crane;
``(ii) the average vessel turn time by vessel type;
``(iii) the average cargo or container dwell time;
``(iv) the average truck time at ports;
``(v) the average rail time at ports; and
``(vi) any additional metrics, as determined by the
Director after receiving recommendations from the working
group established under subsection (c).
``(B) Modifications.--The Director may consider a
modification to a metric under subparagraph (A) if the
modification meets the intent of the section.
``(c) Recommendations.--
``(1) In general.--The Director shall obtain
recommendations for--
``(A) specifications and data measurements for the port
performance measures listed in subsection (b)(2);
``(B) additionally needed data elements for measuring port
performance; and
``(C) a process for the Department of Transportation to
collect timely and consistent data, including identifying
safeguards to protect proprietary information described in
subsection (b)(2).
``(2) Working group.--Not later than 60 days after the date
of the enactment of the Port Performance Act, the Director
shall commission a working group composed of--
``(A) operating administrations of the Department of
Transportation;
``(B) the Coast Guard;
``(C) the Federal Maritime Commission;
``(D) U.S. Customs and Border Protection;
``(E) the Marine Transportation System National Advisory
Council;
``(F) the Army Corps of Engineers;
``(G) the Saint Lawrence Seaway Development Corporation;
``(H) the Advisory Committee on Supply Chain
Competitiveness;
``(I) 1 representative from the rail industry;
``(J) 1 representative from the trucking industry;
``(K) 1 representative from the maritime shipping industry;
``(L) 1 representative from a labor organization for each
industry described in subparagraphs (I) through (K);
``(M) 1 representative from a port authority;
``(N) 1 representative from a terminal operator;
``(O) representatives of the National Freight Advisory
Committee of the Department; and
``(P) representatives of the Transportation Research Board
of the National Academies.
``(3) Recommendations.--Not later than 1 year after the
date of the enactment of the Port Performance Act, the
working group commissioned under this subsection shall submit
its recommendations to the Director.
``(d) Access to Data.--The Director shall ensure that the
statistics compiled under this section are readily accessible
to the public, consistent with applicable security
constraints and confidentiality interests.''.
(b) Prohibition on Certain Disclosures.--Section 6307(b)(1)
is amended by inserting ``or section 6314(b)'' after
``section 6302(b)(3)(B)'' each place it appears.
(c) Copies of Reports.--Section 6307(b)(2)(A) is amended by
inserting ``or section 6314(b)'' after ``section
6302(b)(3)(B)''.
(d) Technical and Conforming Amendment.--The table of
contents for chapter 63 is amended by adding at the end the
following:
``6314. Port performance freight statistics program.''.
TITLE XXXII--COMMERCIAL MOTOR VEHICLE AND DRIVER PROGRAMS
Subtitle A--Compliance, Safety, and Accountability Reform
SEC. 32001. CORRELATION STUDY.
(a) In General.--The Administrator of the Federal Motor
Carrier Safety Administration (referred to in this subtitle
as the ``Administrator'') shall commission the National
Research Council of the National Academies to conduct a study
of--
(1) the Safety Measurement System (referred to in this
subtitle as ``SMS''); and
(2) the Compliance, Safety, Accountability program
(referred to in this subtitle as the ``CSA program'').
(b) Scope of Study.--In carrying out the study commissioned
pursuant to subsection (a), the National Research Council--
(1) shall analyze--
(A) the accuracy with which the Behavior Analysis and
Safety Improvement Categories (referred to in this subtitle
as ``BASIC'') safety measures used by SMS--
(i) identify high risk drivers and carriers; and
(ii) predict or be correlated with future crash risk, crash
severity, or other safety indicators for individual drivers,
motor carriers, and the highest risk carriers;
(B) the methodology used to calculate BASIC percentiles and
identify carriers for enforcement, including the weights
assigned to particular violations, and the tie between crash
risk and specific regulatory violations, in order to
accurately identify and predict future crash risk for motor
carriers;
(C) the relative value of inspection information and
roadside enforcement data;
(D) any data collection gaps or data sufficiency problems
that may exist and the impact of those data gaps and
insufficiencies on the efficacy of the CSA program; and
(E) the accuracy of data processing; and
(2) should consider--
(A) whether the current SMS provides comparable precision
and confidence for SMS alerts and percentiles for the
relative crash risk of individual large and small motor
carriers;
(B) whether alternative systems would identify high risk
carriers or identify high risk drivers and motor carriers
more accurately; and
(C) the recommendations and findings of the Comptroller
General of the United States and the Inspector General, and
independent review team reports issued before the date of the
enactment of this Act.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit a
report containing the results of the completed study to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Committee on Transportation and Infrastructure of
the House of Representatives;
(3) the Inspector General of the Department of
Transportation; and
(4) the Comptroller General of the United States.
(d) Corrective Action Plan.--
(1) In general.--Not later than 120 days after the
Administrator submits a report under subsection (c) that
identifies a deficiency or opportunity for improvement in the
CSA program or in any element of SMS, the Administrator shall
submit a corrective action plan to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives that--
(A) responds to the concerns highlighted by the report;
(B) identifies how the Federal Motor Carrier Safety
Administration will address such concerns; and
(C) provides an estimate of the cost, including changes in
staffing, enforcement, and data collection necessary to
implement the recommendations.
(2) Program reforms.--The corrective action plan submitted
under paragraph (1) shall include an implementation plan
that--
[[Page S5608]]
(A) includes benchmarks;
(B) includes programmatic reforms, revisions to
regulations, or proposals for legislation; and
(C) shall be considered in any rulemaking by the Department
of Transportation that relates to the CSA program, including
the SMS data sets or analysis.
(e) Inspector General Review.--Not later than 120 days
after the Administrator issues a corrective action plan under
subsection (d), the Inspector General of the Department of
Transportation shall--
(1) review the extent to which such plan implements--
(A) recommendations contained in the report submitted under
subsection (c); and
(B) recommendations issued by the Comptroller General or
the Inspector General before the date of enactment of this
Act; and
(2) submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on the responsiveness of the corrective
action plan to the recommendations described in paragraph
(1).
(f) Fiscal Limitation.--The Administrator shall carry out
the study required under this section using amounts
appropriated to the Federal Motor Carrier Safety
Administration and available for obligation and expenditure
as of the date of the enactment of this Act.
SEC. 32002. SAFETY IMPROVEMENT METRICS.
(a) In General.--The Administrator shall incorporate a
methodology into the CSA program or establish a third-party
process to allow recognition, including credit, improved
score, or by establishing a safety BASIC in SMS for safety
technology, tools, programs, and systems approved by the
Administrator through the qualification process developed
under subsection (b) that exceed regulatory requirements or
are used to enhance safety performance, including--
(1) the installation of qualifying advanced safety
equipment, such as--
(A) collision mitigation systems;
(B) lane departure warnings;
(C) speed limiters;
(D) electronic logging devices;
(E) electronic stability control;
(F) critical event recorders; and
(G) strengthening rear guards and sideguards for underride
protection;
(2) the use of enhanced driver fitness measures that exceed
current regulatory requirements, such as--
(A) additional new driver training;
(B) enhanced and ongoing driver training; and
(C) remedial driver training to address specific
deficiencies as identified in roadside inspection or
enforcement reports;
(3) the adoption of qualifying administrative fleet safety
management tools technologies, driver performance and
behavior management technologies, and programs; and
(4) technologies and measures identified through the
process described in subsection (c).
(b) Qualification.--The Administrator, through a notice and
comment process, shall develop technical or other performance
standards for technology, advanced safety equipment, enhanced
driver fitness measures, tools, programs, or systems used by
motor carriers that will qualify for credit under this
section.
(c) Additional Requirements.--In modifying the CSA program
under subsection (a), the Administrator, through notice and
comment, shall develop a process for identifying and
reviewing other technology, advanced safety equipment,
enhanced driver fitness measures, tools, programs, or systems
used by motor carriers to improve safety performance that--
(1) provides for a petition for reviewing technology,
advanced safety equipment, enhanced driver fitness measures,
tools, programs, or systems;
(2) seeks input and participation from industry
stakeholders, including drivers, technology manufacturers,
vehicle manufacturers, motor carriers, enforcement
communities, and safety advocates, and the Motor Carrier
Safety Advisory Committee; and
(3) includes technology, advanced safety equipment,
enhanced driver fitness measures, tools, programs, or systems
with a date certain for future statutory or regulatory
implementation.
(d) Safety Improvement Metrics Use and Verification.--The
Administrator, through notice and comment process, shall
develop a process for--
(1) providing recognition or credit within a motor
carrier's SMS score for the installation and use of measures
in paragraphs (1) through (4) of subsection (a);
(2) ensuring that the safety improvement metrics developed
under this section are presented with other SMS data;
(3) verifying the installation or use of such technology,
advanced safety equipment, enhanced driver fitness measures,
tools, programs, or systems;
(4) modifying or removing recognition or credit upon
verification of noncompliance with this section;
(5) ensuring that the credits or recognition referred to in
paragraph (1) reflect the safety improvement anticipated as a
result of the installation or use of the specific technology,
advanced safety equipment, enhanced driver fitness measure,
tool, program, or system;
(6) verifying the deployment and use of qualifying
equipment or management systems by a motor carrier through a
certification from the vehicle manufacturer, the system or
service provider, the insurance carrier, or through documents
submitted by the motor carrier to the Department of
Transportation;
(7) annually reviewing the list of qualifying safety
technology, advanced safety equipment, enhanced driver
fitness measures, tools, programs, or systems; and
(8) removing systems mandated by law or regulation, or if
such systems demonstrate a lack of efficacy, from the list of
qualifying technologies, advanced safety equipment, enhanced
driver fitness measures, tools, programs, or systems eligible
for credit under the CSA program.
(e) Dissemination of Information.--The Administrator shall
maintain a public website that contains information
regarding--
(1) the technology, advanced safety equipment, enhanced
driver fitness measures, tools, programs, or systems eligible
for credit and improved scores;
(2) any petitions for study of the technology, advanced
safety equipment, enhanced driver fitness measures, tools,
programs, or systems; and
(3) statistics and information relating to the use of such
technology, advanced safety equipment, enhanced driver
fitness measures, tools, programs, or systems.
(f) Public Report.--Not later than 1 year after the
establishment of the Safety Improvement Metrics System
(referred to in this section as ``SIMS'') under this section,
and annually thereafter, the Administrator shall publish, on
a public website, a report that identifies--
(1) the types of technology, advanced safety equipment,
enhanced driver fitness measures, tools, programs, or systems
that are eligible for credit;
(2) the number of instances in which each technology,
advanced safety equipment, enhanced driver fitness measure,
tool, program, or system is used;
(3) the number of motor carriers, and a description of the
carrier's fleet size, that received recognition or credit
under the modified CSA program; and
(4) the pre- and post-adoption safety performance of the
motor carriers described in paragraph (3).
(g) Implementation and Oversight Responsibility.--The
Administrator shall ensure that the activities described in
subsections (a) through (f) of this section are not required
under section 31102 of title 49, United States Code, as
amended by this Act.
(h) Evaluation.--
(1) In general.--Not later than 2 years after the
implementation of SIMS under this section, the Administrator
shall conduct an evaluation of the effectiveness of SIMS by
reviewing the impacts of SIMS on--
(A) law enforcement, commercial drivers and motor carriers,
and motor carrier safety; and
(B) safety and adoption of new technologies.
(2) Report.--Not later than 30 months after the
implementation of the program, the Administrator shall submit
a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that describes--
(A) the results of the evaluation conducted under paragraph
(1); and
(B) the actions the Federal Motor Carrier Safety
Administration plans to take to modify the demonstration
program based on such results.
(i) Use of Estimates of Safety Effects.--In conducting
regulatory impact analyses for rulemakings relating to the
technology, advanced safety equipment, enhanced driver
fitness measures, tools, programs, or systems selected for
credit under the CSA program, the Administrator, to the
extent practicable, shall use the data gathered under this
section and appropriate statistical methodology, including
sufficient sample sizes, composition, and appropriate
comparison groups, including representative motor carriers of
all sizes, to estimate the effects on safety performance and
reduction in the number and severity of accidents with
qualifying technology, advanced safety equipment, tools,
programs, and systems.
(j) Savings Provision.--Nothing in this section may be
construed to provide the Administrator with additional
authority to change the requirements for the operation of a
commercial motor vehicle.
SEC. 32003. DATA CERTIFICATION.
(a) Limitation.--Beginning not later than 1 day after the
date of enactment of this Act, none of the analysis of
violation information, enforcement prioritization, not-at-
fault crashes, alerts, or the relative percentile for each
Behavioral Analysis and Safety Improvement Category developed
through the CSA program may be made available to the general
public (including through requests under section 552 of title
5, United States Code), but violation and inspection
information submitted by the States may be presented, until
the Inspector General of the Department of Transportation
certifies that--
(1) any deficiencies identified in the correlation study
required under section 32001 have been addressed;
(2) the corrective action plan has been implemented and the
concerns raised by the
[[Page S5609]]
correlation study under section 32001 have been addressed;
(3) the Administrator has fully implemented or
satisfactorily addressed the issues raised in the February
2014 GAO report entitled ``Modifying the Compliance, Safety,
Accountability Program Would Improve the Ability to Identify
High Risk Carriers'' (GAO-14-114), which called into question
the accuracy and completeness of safety performance
calculations;
(4) the study required under section 32001 has been
published on a public website; and
(5) the CSA program has been modified in accordance with
section 32002.
(b) Limitation on Use of CSA Analysis.--The enforcement
prioritization, alerts, or the relative percentile for each
Behavioral Analysis and Safety Improvement Category developed
through the CSA program within the SMS system may not be used
for safety fitness determinations until the requirements
under subsection (a) have been satisfied.
(c) Continued Public Availability of Data.--Inspection and
violation information submitted to the Federal Motor Carrier
Safety Administration by commercial motor vehicle inspectors
and qualified law enforcement officials shall remain
available for public viewing.
(d) Exceptions.--
(1) In general.--Notwithstanding the limitations set forth
in subsections (a) and (b)--
(A) the Federal Motor Carrier Safety Administration and
State and local commercial motor vehicle enforcement agencies
may only use the information referred to in subsection (a)
for purposes of investigation and enforcement prioritization;
(B) motor carriers and commercial motor vehicle drivers may
access information referred to in subsection (a) that relates
directly to the motor carrier or driver, respectively; and
(C) the data analysis of motorcoach operators may be
provided online, with a notation indicating that the ratings
or alerts listed are not intended to imply any Federal safety
rating of the carrier.
(2) Notation.--The notation described under paragraph
(1)(C) shall include: ``Readers should not draw conclusions
about a carrier's overall safety condition simply based on
the data displayed in this system. Unless a motor carrier has
received an UNSATISFACTORY safety rating under part 385 of
title 49, Code of Federal Regulations, or has otherwise been
ordered to discontinue operations by the Federal Motor
Carrier Safety Administration, it is authorized to operate on
the Nation's roadways.''.
(3) Limitation.--Nothing in subparagraphs (A) and (B) of
paragraph (1) may be construed to restrict the official use
by State enforcement agencies of the data collected by State
enforcement personnel.
(e) Certification.--The certification process described in
subsection (a) shall occur concurrently with the
implementation of SIMS under section 32002.
(f) Completion.--The Secretary shall modify the CSA program
in accordance with section 32002 not later than 1 year after
the date of completion of the report described in section
32001(c).
SEC. 32004. DATA IMPROVEMENT.
(a) Functional Specifications.--Not later than 180 days
after the date of enactment of this Act, the Administrator
shall develop functional specifications to ensure the
consistent and accurate input of data into systems and
databases relating to the CSA program.
(b) Functionality.--The specifications developed pursuant
to subsection (a)--
(1) shall provide for the hardcoding and smart logic
functionality for roadside inspection data collection systems
and databases; and
(2) shall be made available to public and private sector
developers.
(c) Effective Data Management.--The Administrator shall
ensure that internal systems and databases accept and
effectively manage data using uniform standards.
(d) Consultation With the States.--Before implementing the
functional specifications described in subsection (a) or the
standards described in subsection (c), the Administrator
shall seek input from the State agencies responsible for
enforcing section 31102 of title 49, United States Code.
SEC. 32005. ACCIDENT REPORT INFORMATION.
(a) Review.--The Administrator shall initiate a
demonstration program that allows motor carriers and drivers
to request a review of crashes, and the removal of crash data
for use in the Federal Motor Carrier Safety Administration's
safety measurement system of crashes, and removal from any
weighting, or carrier safety analysis, if the commercial
motor vehicle was operated legally and another motorist in
connection with the crash is found--
(1) to have been driving under the influence;
(2) to have been driving the wrong direction on a roadway;
(3) to have struck the commercial motor vehicle in the
rear;
(4) to have struck the commercial motor vehicle which was
legally stopped;
(5) by the investigating officer or agency to have been
responsible for the crash; or
(6) to have committed other violations determined by the
Administrator.
(b) Documents.--As part of a request for review under
subsection (a), the motor carrier or driver shall submit a
copy of available police reports, crash investigations,
judicial actions, insurance claim information, and any
related court actions submitted by each party involved in the
accident.
(c) Solicitation of Other Information.--Following a notice
and comment period, the Administrator may solicit other types
of information to be collected under subsection (b) to
facilitate appropriate reviews under this section.
(d) Evaluation.--The Federal Motor Carrier Safety
Administration shall review the information submitted under
subsections (b) and (c).
(e) Results.--Subject to subsection (h)(2), the results of
the review under subsection (a)--
(1) shall be used to recalculate the motor carrier's crash
BASIC percentile;
(2) if the carrier is determined not to be responsible for
the crash incident, such information, shall be reflected on
the website of the Federal Motor Carrier Safety
Administration; and
(3) shall not be admitted as evidence or otherwise used in
a civil action.
(f) Fee System.--
(1) Establishment.--The Administrator may establish a fee
system, in accordance with section 9701 of title 31, United
States Code, in which a motor carrier is charged a fee for
each review of a crash requested by such motor carrier under
this section.
(2) Disposition of fees.--Fees collected under this
section--
(A) may be credited to the Department of Transportation
appropriations account for purpose of carrying out this
section; and
(B) shall be used to fully fund the operation of the review
program authorized under this section.
(g) Review and Report.--Not earlier than 2 years after the
establishment of the demonstration program under this
section, the Administrator shall--
(1) conduct a review of the internal crash review program
to determine if other crash types should be included; and
(2) submit a report to Congress that describes--
(A) the number of crashes reviewed;
(B) the number of crashes for which the commercial motor
vehicle operator was determined not to be at fault; and
(C) relevant information relating to the program, including
the cost to operate the program and the fee structure
established.
(h) Implementation and Oversight Responsibility.--
(1) In general.--The Administrator shall ensure that the
activities described in subsections (a) through (d) of this
section are not required under section 31102 of title 49,
United States Code, as amended by this Act.
(2) Reviews involving fatalities.--If a review under
subsection (a) involves a fatality, the Inspector General of
the Department of Transportation shall audit and certify the
review prior to making any changes under subsection (e).
SEC. 32006. POST-ACCIDENT REPORT REVIEW.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall convene a working
group--
(1) to review the data elements of post-accident reports,
for tow-away accidents involving commercial motor vehicles,
that are reported to the Federal Government; and
(2) to report to the Secretary its findings and any
recommendations, including best practices for State post-
accident reports to achieve the data elements described in
subsection (c).
(b) Composition.--Not less than 51 percent of the working
group should be composed of individuals representing the
States or State law enforcement officials. The remaining
members of the working group shall represent industry, labor,
safety advocates, and other interested parties.
(c) Considerations.--The working group shall consider
requiring additional data elements, including--
(1) the primary cause of the accident, if the primary cause
can be determined;
(2) the physical characteristics of the commercial motor
vehicle and any other vehicle involved in the accident,
including--
(A) the vehicle configuration;
(B) the gross vehicle weight if the weight can be readily
determined;
(C) the number of axles; and
(D) the distance between axles, if the distance can be
readily determined; and
(3) any data elements that could contribute to the
appropriate consideration of requests under section 32005.
(d) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(1) review the findings of the working group;
(2) identify the best practices for State post-accident
reports that are reported to the Federal Government,
including identifying the data elements that should be
collected following a tow-away commercial motor vehicle
accident; and
(3) recommend to the States the adoption of new data
elements to be collected following reportable commercial
motor vehicle accidents.
SEC. 32007. RECOGNIZING EXCELLENCE IN SAFETY.
(a) In General.--The Administrator shall establish a
program to publicly recognize motor carriers and drivers
whose safety records and programs exceed compliance with the
Federal Motor Carrier Safety Administration's safety
regulations and demonstrate clear and outstanding safety
practices.
[[Page S5610]]
(b) Restriction.--The program established under subsection
(a) may not be deemed to be an endorsement of, or a
preference for, motor carriers or drivers recognized under
the program.
SEC. 32008. HIGH RISK CARRIER REVIEWS.
(a) In General.--After the completion of the certification
under section 32003 of this Act, and the establishment of the
Safety Fitness Determination program, the Secretary shall
ensure that a review is completed on each motor carrier that
demonstrates through performance data that it poses the
highest safety risk. At a minimum, a review shall be
conducted whenever a motor carrier is among the highest risk
carriers for 4 consecutive months.
(b) Report.--Not later than 180 days after the completion
of the certification under section 32003 of this Act and the
establishment of the Safety Fitness Determination program,
the Secretary shall post on a public website a report on the
actions the Secretary has taken to comply with this section,
including the number of high risk carriers identified and the
high risk carriers reviewed.
(c) Conforming Amendment.--Section 4138 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (49 U.S.C. 31144 note) is repealed.
Subtitle B--Transparency and Accountability
SEC. 32201. PETITIONS FOR REGULATORY RELIEF.
(a) Applications for Regulatory Relief.--Notwithstanding
subpart C of part 381 of title 49, Code of Federal
Regulations, the Secretary shall allow an applicant
representing a class or group of motor carriers to apply for
a specific exemption from any provision of the regulations
under part 395 of title 49, Code of Federal Regulations, for
commercial motor vehicle drivers.
(b) Review Process.--
(1) In general.--The Secretary shall establish the
procedures for the application for and the review of an
exemption under subsection (a).
(2) Publication.--Not later than 30 days after the date of
receipt of an application for an exemption, the Secretary
shall publish the application in the Federal Register and
provide the public with an opportunity to comment.
(3) Public comment.--
(A) In general.--Each application shall be available for
public comment for a 30-day period, but the Secretary may
extend the opportunity for public comment for up to 60 days
if it is a significant or complex request.
(B) Review.--Beginning on the date that the public comment
period under subparagraph (A) ends, the Secretary shall have
60 days to review all of the comments received.
(4) Determination.--At the end of the 60-day period under
paragraph (3)(B), the Secretary shall publish a determination
in the Federal Register, including--
(A) the reason for granting or denying the application; and
(B) if the application is granted--
(i) the specific class of persons eligible for the
exemption;
(ii) each provision of the regulations to which the
exemption applies; and
(iii) any conditions or limitations applied to the
exemption.
(5) Considerations.--In making a determination whether to
grant or deny an application for an exemption, the Secretary
shall consider the safety impacts of the request and may
provide appropriate conditions or limitations on the use of
the exemption.
(c) Opportunity for Resubmission.--If an application is
denied and the applicant can reasonably address the reason
for the denial, the Secretary may allow the applicant to
resubmit the application.
(d) Period of Applicability.--
(1) In general.--Except as provided in paragraph (2) of
this subsection and subsection (f), each exemption granted
under this section shall be valid for a period of 5 years
unless the Secretary identifies a compelling reason for a
shorter exemption period.
(2) Renewal.--At the end of the 5-year period under
paragraph (1)--
(A) the Secretary, at the Secretary's discretion, may renew
the exemption for an additional 5-year period; or
(B) an applicant may apply under subsection (a) for a
permanent exemption from each applicable provision of the
regulations.
(e) Limitation.--No exemption under this section may be
granted to or used by any motor carrier that has an
unsatisfactory or conditional safety fitness determination.
(f) Permanent Exemptions.--
(1) In general.--The Secretary shall make permanent the
following limited exceptions:
(A) Department of Defense Military Surface Deployment and
Distribution Command transport of weapons, munitions, and
sensitive classified cargo as published in the Federal
Register Volume 80 on April 16, 2015 (80 Fed. Reg. 20556).
(B) Department of Energy transport of security-sensitive
radioactive materials as published in the Federal Register
Volume 80 on June 22, 2015 (80 Fed. Reg. 35703).
(C) Motor carriers that transport hazardous materials
shipments requiring security plans under regulations of the
Pipeline and Hazardous Materials Safety Administration as
published in the Federal Register Volume 80 on May 1, 2015
(80 Fed. Reg. 25004).
(D) Perishable construction products as published in the
Federal Register Volume 80 on April 2, 2015 (80 Fed. Reg.
17819).
(E) Passenger vehicle record of duty status change as
published in the Federal Register Volume 80 on June 4, 2015
(80 Fed. Reg. 31961).
(F) Transport of commercial bee hives as published in the
Federal Register Volume 80 on June 19, 2018. (80 Fed. Reg.
35425).
(G) Specialized carriers and drivers responsible for
transporting loads requiring special permits as published in
the Federal Register Volume 80 on June 18, 2015 (80 Fed. Reg.
34957).
(H) Safe transport of livestock as published in the Federal
Register Volume 80 on June 12, 2015 (80 Fed. Reg. 33584).
(2) Additional exemptions.--The Secretary may make any
temporary exemption from any provision of the regulations
under part 395 of title 49, Code of Federal Regulations, for
commercial motor vehicle drivers that is in effect on the
date of enactment of this Act permanent if the Secretary
determines that the permanent exemption will not degrade
safety. The Secretary shall provide public notice and comment
on a list of the additional temporary exemptions to be made
permanent under this paragraph.
(3) Revocation of exemptions.--The Secretary may revoke an
exemption issued under this section if the Secretary can
demonstrate that the exemption has had a negative impact on
safety.
SEC. 32202. INSPECTOR STANDARDS.
Not later than 90 days after the date of enactment of this
Act, the Administrator of the Federal Motor Carrier Safety
Administration shall revise the regulations under part 385 of
title 49, Code of Federal Regulations, as necessary, to
incorporate by reference the certification standards for
roadside inspectors issued by the Commercial Vehicle Safety
Alliance.
SEC. 32203. TECHNOLOGY IMPROVEMENTS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Government Accountability Office
shall conduct a comprehensive analysis on the Federal Motor
Carrier Safety Administration's information technology and
data collection and management systems.
(b) Requirements.--The study conducted under subsection (a)
shall--
(1) evaluate the efficacy of the existing information
technology, data collection, processing systems, and data
management systems and programs, including their interaction
with each other and their efficacy in meeting user needs;
(2) identify any redundancies among the systems and
programs described in paragraph (1);
(3) explore the feasibility of consolidating data
collection and processing systems;
(4) evaluate the ability of the systems and programs
described in paragraph (1) to meet the needs of--
(A) the Federal Motor Carrier Safety Administration, at
both the headquarters and State level;
(B) the State agencies that implement the Motor Carrier
Safety Assistance Program under section 31102 of title 49,
United States Code; and
(C) other users;
(5) evaluate the adaptability of the systems and programs
described in paragraph (1), in order to make necessary future
changes to ensure user needs are met in an easier, timely,
and more cost efficient manner;
(6) investigate and make recommendations regarding--
(A) deficiencies in existing data sets impacting program
effectiveness; and
(B) methods to improve any and all user interfaces; and
(7) evaluate the appropriate role the Federal Motor Carrier
Safety Administration should take with respect to software
and information systems design, development, and maintenance
for the purpose of improving the efficacy of the systems and
programs described in paragraph (1).
Subtitle C--Trucking Rules Updated by Comprehensive and Key Safety
Reform
SEC. 32301. UPDATE ON STATUTORY REQUIREMENTS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, and every 90 days thereafter until a
final rule has been issued for each of the requirements
described under paragraphs (1) through (5), the Administrator
of the Federal Motor Carrier Safety Administration shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the status of a final rule for--
(1) the minimum entry-level training requirements for an
individual operating a commercial motor vehicle under section
31305(c) of title 49, United States Code;
(2) motor carrier safety fitness determinations;
(3) visibility of agricultural equipment under section
31601 of division C of the Moving Ahead for Progress in the
21st Century Act (49 U.S.C. 30111 note);
(4) regulations to require commercial motor vehicles in
interstate commerce and operated by a driver subject to the
hours of service and record of duty status requirements under
part 395 of title 49, Code of Federal Regulations, be
equipped with an electronic control module capable of
limiting the maximum speed of the vehicle; and
(5) any outstanding commercial motor vehicle safety
regulation required by law and incomplete for more than 2
years.
(b) Contents.--Each report under subsection (a) shall
include a description of the work plan, an updated rulemaking
timeline,
[[Page S5611]]
current staff allocations, any resource constraints, and any
other details associated with the development of the
rulemaking.
SEC. 32302. STATUTORY RULEMAKING.
The Administrator of the Federal Motor Carrier Safety
Administration shall prioritize the use of Federal Motor
Carrier Safety Administration resources for the completion of
each outstanding statutory requirement for a rulemaking
before beginning any new rulemaking unless the Secretary
certifies to Congress that there is a significant need to
move forward with a new rulemaking.
SEC. 32303. GUIDANCE REFORM.
(a) Guidance.--
(1) Point of contact.--Each guidance document, other than a
regulatory action, issued by the Federal Motor Carrier Safety
Administration shall have a date of publication or a date of
revision, as applicable, and the name and contact information
of a point of contact at the Federal Motor Carrier Safety
Administration who can respond to questions regarding the
general applicability of the guidance.
(2) Public accessibility.--
(A) In general.--Each guidance document and interpretation
issued by the Federal Motor Carrier Safety Administration
shall be published on the Department of Transportation's
public website on the date of issuance.
(B) Redaction.--The Administrator of the Federal Motor
Carrier Safety Administration may redact from a guidance
document or interpretation under subparagraph (A) any
information that would reveal investigative techniques that
would compromise Federal Motor Carrier Safety Administration
enforcement efforts.
(3) Rulemaking.--Not later than 5 years after the date that
a guidance document is published under paragraph (2) or
during the comprehensive review under subsection (c),
whichever is earlier, the Secretary, in consultation with the
Administrator, shall revise the applicable regulations to
incorporate the guidance document to the extent practicable.
(4) Reissuance.--If a guidance document is not incorporated
into the applicable regulations under paragraph (3), the
Secretary shall--
(A) reissue an updated guidance document; and
(B) review and reissue an updated guidance document every 5
years during the comprehensive review process under
subsection (c) until the date that the guidance document is
removed or incorporated into the applicable regulations under
paragraph (3) of this subsection.
(b) Update.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall review
regulations, guidance, and enforcement policies published on
the Department of Transportation's public website to ensure
the regulations, guidance, and enforcement policies are
current, readily accessible to the public, and meet the
standards under subsection (c)(1).
(c) Review.--
(1) In general.--Subject to paragraph (2), not less than
once every 5 years, the Administrator of the Federal Motor
Carrier Safety Administration shall conduct a comprehensive
review of its guidance and enforcement policies to determine
whether--
(A) the guidance and enforcement policies are consistent
and clear;
(B) the guidance is uniformly and consistently enforceable;
and
(C) the guidance is still necessary.
(2) Notice and comment.--Prior to beginning the review, the
Administrator shall publish in the Federal Register a notice
and request for comment soliciting input from stakeholders on
which regulations should be updated or eliminated.
(3) Prioritization of outstanding petitions.--As part of
the review under paragraph (1), the Administrator shall
prioritize consideration of each outstanding petition (as
defined in section 32304(b) of this Act) submitted by a
stakeholder for rulemaking.
(4) Report.--
(A) In general.--Not later than 60 days after the date that
a review under paragraph (1) is complete, the Administrator
shall publish on the Department of Transportation's public
website a report detailing the review and a full inventory of
guidance and enforcement policies.
(B) Inclusions.--The report under subparagraph (A) of this
paragraph shall include a summary of the response of the
Federal Motor Carrier Safety Administration to each comment
received under paragraph (2) indicating each request the
Federal Motor Carrier Safety Administration is granting.
SEC. 32304. PETITIONS.
(a) In General.--The Administrator of the Federal Motor
Carrier Safety Administration shall--
(1) publish on the Department of Transportation's public
website all petitions for regulatory action submitted;
(2) prioritize stakeholder petitions based on the
likelihood of providing safety improvements;
(3) formally respond to each petition by indicating whether
the Administrator will accept, deny, or further review, the
petition not later than 180 days after the date the petition
is published under paragraph (1);
(4) prioritize resulting actions consistent with an
action's potential to reduce crashes, improve enforcement,
and reduce unnecessary burdens; and
(5) not later than 60 days after the date of receipt,
publish, and update as necessary, on the Department of
Transportation's public website an inventory of the petitions
described in paragraph (1), including any applicable
disposition information for that petition.
(b) Definition of Petition.--In this section, the term
``petition'' means a request for new regulations, regulatory
interpretations or clarifications, or retrospective review of
regulations to eliminate or modify obsolete, ineffective, or
overly-burdensome rules.
SEC. 32305. REGULATORY REFORM.
(a) Regulatory Impact Analysis.--
(1) In general.--Within each regulatory impact analysis of
a proposed or final rule issued by the Federal Motor Carrier
Safety Administration, the Secretary shall whenever
practicable--
(A) consider effects of the proposed or final rule on a
carrier with differing characteristics; and
(B) formulate estimates and findings on the best available
science.
(2) Scope.--To the extent feasible and appropriate, and
consistent with law, the analysis described in paragraph (1)
shall--
(A) use data generated from a representative sample of
commercial vehicle operators, motor carriers, or both, that
will be covered under the proposed or final rule; and
(B) consider effects on commercial truck and bus carriers
of various sizes and types.
(b) Public Participation.--
(1) In general.--Before promulgating a proposed rule under
part B of subtitle VI of title 49, United States Code, if the
proposed rule is likely to lead to the promulgation of a
major rule the Secretary shall--
(A) issue an advance notice of proposed rulemaking; or
(B) determine to proceed with a negotiated rulemaking.
(2) Requirements.--Each advance notice of proposed
rulemaking issued under paragraph (1) shall--
(A) identify the compelling public concern for a potential
regulatory action, such as failures of private markets to
protect or improve the safety of the public, the environment,
or the well-being of the American people;
(B) identify and request public comment on the best
available science or technical information on the need for
regulatory action and on the potential regulatory
alternatives;
(C) request public comment on the benefits and costs of
potential regulatory alternatives reasonably likely to be
included or analyzed as part of the notice of proposed
rulemaking; and
(D) request public comment on the available alternatives to
direct regulation, including providing economic incentives to
encourage the desired behavior.
(3) Waiver.--This subsection shall not apply when the
Secretary, for good cause, finds (and incorporates the
finding and a brief statement of reasons for such finding in
the proposed or final rule) an advance notice of proposed
rulemaking impracticable, unnecessary, or contrary to the
public interest.
(c) Savings Clause.--Nothing in this section may be
construed to limit the contents of any Advance Notice of
Proposed Rulemaking.
Subtitle D--State Authorities
SEC. 32401. EMERGENCY ROUTE WORKING GROUP.
(a) In General.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a
working group to determine best practices for expeditious
State approval of special permits for vehicles involved in
emergency response and recovery.
(2) Members.--The working group shall include
representatives from--
(A) State highway transportation departments or agencies;
(B) relevant modal agencies within the Department of
Transportation;
(C) emergency response or recovery experts;
(D) relevant safety groups; and
(E) persons affected by special permit restrictions during
emergency response and recovery efforts.
(b) Considerations.--In determining best practices under
subsection (a), the working group shall consider whether--
(1) hurdles currently exist that prevent the expeditious
State approval for special permits for vehicles involved in
emergency response and recovery;
(2) it is possible to pre-identify and establish emergency
routes between States through which infrastructure repair
materials could be delivered following a natural disaster or
an emergency;
(3) a State could pre-designate an emergency route
identified under paragraph (1) as a certified emergency route
if a motor vehicle that exceeds the otherwise applicable
Federal and State truck length or width limits may safely
operate along such route during period of emergency recovery;
and
(4) an online map could be created to identify each pre-
designated emergency route under paragraph (2), including
information on specific limitations, obligations, and
notification requirements along that route.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the working group shall submit to the
Secretary a report of its findings under this section and any
recommendations for the implementation of the best practices
for expeditious State approval of special permits for
vehicles
[[Page S5612]]
involved in emergency recovery. Upon receipt, the Secretary
shall publish the report on a public website.
(d) Federal Advisory Committee Act Exemption.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
working group established under this section.
SEC. 32402. ADDITIONAL STATE AUTHORITY.
Notwithstanding any other provision of law, not later than
180 days after the date of enactment of this Act, any State
impacted by section 4006 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240;
105 Stat. 2148) shall be provided the option to update the
routes listed in the final list as long as the update shifts
routes to divided highways or does not increase centerline
miles by more than 5 percent and the change is expected to
increase safety performance.
SEC. 32403. COMMERCIAL DRIVER ACCESS.
(a) Interstate Compact Pilot Program.--
(1) In general.--The Administrator of the Federal Motor
Carrier Safety Administration may establish a 6-year pilot
program to study the feasibility, benefits, and safety
impacts of allowing a licensed driver between the ages of 18
and 21 to operate a commercial motor vehicle in interstate
commerce.
(2) Interstate compacts.--The Secretary shall allow States,
including the District of Columbia, to enter into an
interstate compact with contiguous States to allow a licensed
driver between the ages of 18 and 21 to operate a motor
vehicle across the applicable State lines. The Secretary
shall approve as many as 3 interstate compacts, with no more
than 4 States per compact participating in each interstate
compact.
(3) Mutual recognition of licenses.--A valid intrastate
commercial driver's licenses issued by a State participating
in an interstate compact under paragraph (2) shall be
recognized as valid not more than 100 air miles from the
border of the driver's State of licensure in each State that
is participating in that interstate compact.
(4) Standards.--In developing an interstate compact under
this subsection, participating States shall provide for
minimum licensure standards acceptable for interstate travel
under this section, which may include, for a licensed driver
between the ages of 18 and 21 participating in the pilot
program--
(A) age restrictions;
(B) distance from origin (measured in air miles);
(C) reporting requirements; or
(D) additional hours of service restrictions.
(5) Limitations.--An interstate compact under paragraph (2)
may not permit special configuration or hazardous cargo
operations to be transported by a licensed driver under the
age of 21.
(6) Additional requirements.--The Secretary may--
(A) prescribe such additional requirements, including
training, for a licensed driver between the ages of 18 and 21
participating in the pilot program as the Secretary considers
necessary; and
(B) provide risk mitigation restrictions and limitations.
(b) Approval.--An interstate compact under subsection
(a)(2) may not go into effect until it has been approved by
the governor of each State (or the Mayor of the District of
Columbia, if applicable) that is a party to the interstate
compact, after consultation with the Secretary of
Transportation and the Administrator of the Federal Motor
Carrier Safety Administration.
(c) Data Collection.--The Secretary shall collect and
analyze data relating to accidents (as defined in section
390.5 of title 49, Code of Federal Regulations) in which a
driver under the age of 21 participating in the pilot program
is involved.
(d) Report.--Beginning 3 years after the date the first
compact is established and approved, the Secretary shall
submit to Congress a report containing the data collection
and findings of the pilot program, a determination of whether
a licensed driver between the ages of 18 and 21 can operate a
commercial motor vehicle in interstate commerce with an
equivalent level of safety, and the reasons for that
determination. The Secretary may extend the air mileage
requirements under subsection (a)(3) to expand operation
areas and gather additional data for analysis.
(e) Termination.--The Secretary may terminate the pilot
program if the data collected under subsection (c) indicates
that drivers under the age of 21 do not operate in interstate
commerce with an equivalent level of safety of those drivers
age 21 and over.
Subtitle E--Motor Carrier Safety Grant Consolidation
SEC. 32501. DEFINITIONS.
(a) In General.--Section 31101 is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) `Secretary' means the Secretary of Transportation.''.
(b) Technical and Conforming Amendments.--Section 31101, as
amended by subsection (a), is amended--
(1) in paragraph (1)(B), by inserting a comma after
``passengers''; and
(2) in paragraph (1)(C), by striking ``of Transportation''.
SEC. 32502. GRANTS TO STATES.
(a) Motor Carrier Safety Assistance Program.--Section 31102
is amended to read as follows:
``Sec. 31102. Motor Carrier Safety Assistance Program
``(a) In General.--The Secretary shall administer a motor
carrier safety assistance program funded under section 31104.
``(b) Goal.--The goal of the program is to ensure that the
Secretary, States, local governments, other political
jurisdictions, federally-recognized Indian tribes, and other
persons work in partnership to establish programs to improve
motor carrier, commercial motor vehicle, and driver safety to
support a safe and efficient surface transportation system--
``(1) by making targeted investments to promote safe
commercial motor vehicle transportation, including the
transportation of passengers and hazardous materials;
``(2) by investing in activities likely to generate maximum
reductions in the number and severity of commercial motor
vehicle crashes and fatalities resulting from such crashes;
``(3) by adopting and enforcing effective motor carrier,
commercial motor vehicle, and driver safety regulations and
practices consistent with Federal requirements; and
``(4) by assessing and improving statewide performance by
setting program goals and meeting performance standards,
measures, and benchmarks.
``(c) State Plans.--
``(1) In general.--The Secretary shall prescribe procedures
for a State to submit a multiple-year plan, and annual
updates thereto, under which the State agrees to assume
responsibility for improving motor carrier safety, adopting
and enforcing compatible regulations, standards, and orders
of the Federal Government on commercial motor vehicle safety
and hazardous materials transportation safety.
``(2) Contents.--The Secretary shall approve a plan if the
Secretary determines that the plan is adequate to comply with
the requirements of this section, and the plan--
``(A) implements performance-based activities, including
deployment and maintenance of technology to enhance the
efficiency and effectiveness of commercial motor vehicle
safety programs;
``(B) designates a lead State commercial motor vehicle
safety agency responsible for administering the plan
throughout the State;
``(C) contains satisfactory assurances that the lead State
commercial motor vehicle safety agency has or will have the
legal authority, resources, and qualified personnel necessary
to enforce the regulations, standards, and orders;
``(D) contains satisfactory assurances that the State will
devote adequate resources to the administration of the plan
and enforcement of the regulations, standards, and orders;
``(E) provides a right of entry and inspection to carry out
the plan;
``(F) provides that all reports required under this section
be available to the Secretary on request;
``(G) provides that the lead State commercial motor vehicle
safety agency will adopt the reporting requirements and use
the forms for recordkeeping, inspections, and investigations
that the Secretary prescribes;
``(H) requires all registrants of commercial motor vehicles
to demonstrate knowledge of applicable safety regulations,
standards, and orders of the Federal Government and the
State;
``(I) provides that the State will grant maximum
reciprocity for inspections conducted under the North
American Inspection Standards through the use of a
nationally-accepted system that allows ready identification
of previously inspected commercial motor vehicles;
``(J) ensures that activities described in subsection (h),
if financed through grants to the State made under this
section, will not diminish the effectiveness of the
development and implementation of the programs to improve
motor carrier, commercial motor vehicle, and driver safety as
described in subsection (b);
``(K) ensures that the lead State commercial motor vehicle
safety agency will coordinate the plan, data collection, and
information systems with the State highway safety improvement
program required under section 148(c) of title 23;
``(L) ensures participation in appropriate Federal Motor
Carrier Safety Administration information technology and data
systems and other information systems by all appropriate
jurisdictions receiving Motor Carrier Safety Assistance
Program funding;
``(M) ensures that information is exchanged among the
States in a timely manner;
``(N) provides satisfactory assurances that the State will
undertake efforts that will emphasize and improve enforcement
of State and local traffic safety laws and regulations
related to commercial motor vehicle safety;
``(O) provides satisfactory assurances in the plan that the
State will address national priorities and performance goals,
including--
``(i) activities aimed at removing impaired commercial
motor vehicle drivers from the highways of the United States
through adequate enforcement of regulations on the use of
alcohol and controlled substances and by ensuring ready
roadside access to alcohol detection and measuring equipment;
``(ii) activities aimed at providing an appropriate level
of training to State motor carrier safety assistance program
officers
[[Page S5613]]
and employees on recognizing drivers impaired by alcohol or
controlled substances; and
``(iii) when conducted with an appropriate commercial motor
vehicle inspection, criminal interdiction activities, and
appropriate strategies for carrying out those interdiction
activities, including interdiction activities that affect the
transportation of controlled substances (as defined under
section 102 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 802) and listed in part 1308
of title 21, Code of Federal Regulations, as updated and
republished from time to time) by any occupant of a
commercial motor vehicle;
``(P) provides that the State has established and dedicated
sufficient resources to a program to ensure that--
``(i) the State collects and reports to the Secretary
accurate, complete, and timely motor carrier safety data; and
``(ii) the State participates in a national motor carrier
safety data correction system prescribed by the Secretary;
``(Q) ensures that the State will cooperate in the
enforcement of financial responsibility requirements under
sections 13906, 31138, and 31139 of this title, and
regulations issued under these sections;
``(R) ensures consistent, effective, and reasonable
sanctions;
``(S) ensures that roadside inspections will be conducted
at locations that are adequate to protect the safety of
drivers and enforcement personnel;
``(T) provides that the State will include in the training
manuals for the licensing examination to drive both
noncommercial motor vehicles and commercial motor vehicles
information on best practices for driving safely in the
vicinity of noncommercial and commercial motor vehicles;
``(U) provides that the State will enforce the registration
requirements of sections 13902 and 31134 of this title by
prohibiting the operation of any vehicle discovered to be
operated by a motor carrier without a registration issued
under those sections or to be operated beyond the scope of
the motor carrier's registration;
``(V) provides that the State will conduct comprehensive
and highly visible traffic enforcement and commercial motor
vehicle safety inspection programs in high-risk locations and
corridors;
``(W) except in the case of an imminent hazard or obvious
safety hazard, ensures that an inspection of a vehicle
transporting passengers for a motor carrier of passengers is
conducted at a station, terminal, border crossing,
maintenance facility, destination, or other location where
adequate food, shelter, and sanitation facilities are
available for passengers, and reasonable accommodations are
available for passengers with disabilities;
``(X) ensures that the State will transmit to its roadside
inspectors the notice of each Federal exemption granted under
section 31315(b) of this title and sections 390.23 and 390.25
of title 49 of the Code of Federal Regulations and provided
to the State by the Secretary, including the name of the
person granted the exemption and any terms and conditions
that apply to the exemption;
``(Y) except as provided in subsection (d), provides that
the State--
``(i) will conduct safety audits of interstate and, at the
State's discretion, intrastate new entrant motor carriers
under section 31144(g) of this title; and
``(ii) if the State authorizes a third party to conduct
safety audits under section 31144(g) on its behalf, the State
verifies the quality of the work conducted and remains solely
responsible for the management and oversight of the
activities;
``(Z) provides that the State agrees to fully participate
in the performance and registration information system
management under section 31106(b) not later than October 1,
2020, by complying with the conditions for participation
under paragraph (3) of that section;
``(AA) provides that a State that shares a land border with
another country--
``(i) will conduct a border commercial motor vehicle safety
program focusing on international commerce that includes
enforcement and related projects; or
``(ii) will forfeit all funds calculated by the Secretary
based on border-related activities if the State declines to
conduct the program described in clause (i) in its plan; and
``(BB) provides that a State that meets the other
requirements of this section and agrees to comply with the
requirements established in subsection (l)(3) may fund
operation and maintenance costs associated with innovative
technology deployment under subsection (l)(3) with Motor
Carrier Safety Assistance Program funds authorized under
section 31104(a)(1).
``(3) Publication.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall publish each approved State multiple-year
plan, and each annual update thereto, on the Department of
Transportation's public website not later than 30 days after
the date the Secretary approves the plan or update.
``(B) Limitation.--Before posting an approved State
multiple-year plan or annual update under subparagraph (A),
the Secretary shall redact any information identified by the
State that, if disclosed--
``(i) would reasonably be expected to interfere with
enforcement proceedings; or
``(ii) would reveal enforcement techniques or procedures
that would reasonably be expected to risk circumvention of
the law.
``(d) Exclusion of U.S. Territories.--The requirement that
a State conduct safety audits of new entrant motor carriers
under subsection (c)(2)(Y) does not apply to a territory of
the United States unless required by the Secretary.
``(e) Intrastate Compatibility.--The Secretary shall
prescribe regulations specifying tolerance guidelines and
standards for ensuring compatibility of intrastate commercial
motor vehicle safety laws, including regulations, with
Federal motor carrier safety regulations to be enforced under
subsections (b) and (c). To the extent practicable, the
guidelines and standards shall allow for maximum flexibility
while ensuring a degree of uniformity that will not diminish
motor vehicle safety.
``(f) Maintenance of Effort.--
``(1) Baseline.--Except as provided under paragraphs (2)
and (3) and in accordance with section 32508 of the
Comprehensive Transportation and Consumer Protection Act of
2015, a State plan under subsection (c) shall provide that
the total expenditure of amounts of the lead State commercial
motor vehicle safety agency responsible for administering the
plan will be maintained at a level each fiscal year at least
equal to--
``(A) the average level of that expenditure for fiscal
years 2004 and 2005; or
``(B) the level of that expenditure for the year in which
the Secretary implements a new allocation formula under
section 32508 of the Comprehensive Transportation and
Consumer Protection Act of 2015.
``(2) Adjusted baseline after fiscal year 2017.--At the
request of a State, the Secretary may evaluate additional
documentation related to the maintenance of effort and may
make reasonable adjustments to the maintenance of effort
baseline after the year in which the Secretary implements a
new allocation formula under section 32508 of the
Comprehensive Transportation and Consumer Protection Act of
2015, and this adjusted baseline will replace the maintenance
of effort requirement under paragraph (1).
``(3) Waivers.--At the request of a State, the Secretary
may waive or modify the requirements of this subsection for 1
fiscal year if the Secretary determines that a waiver or
modification is reasonable, based on circumstances described
by the State, to ensure the continuation of commercial motor
vehicle enforcement activities in the State.
``(4) Level of state expenditures.--In estimating the
average level of State expenditure under paragraph (1), the
Secretary--
``(A) may allow the State to exclude State expenditures for
Federally-sponsored demonstration and pilot programs and
strike forces;
``(B) may allow the State to exclude expenditures for
activities related to border enforcement and new entrant
safety audits; and
``(C) shall require the State to exclude State matching
amounts used to receive Federal financing under section
31104.
``(g) Use of Unified Carrier Registration Fees Agreement.--
Amounts generated under section 14504a of this title and
received by a State and used for motor carrier safety
purposes may be included as part of the State's match
required under section 31104 of this title or maintenance of
effort required by subsection (f) of this section.
``(h) Use of Grants to Enforce Other Laws.--When approved
in the States' plan under subsection (c), a State may use
Motor Carrier Safety Assistance Program funds received under
this section--
``(1) if the activities are carried out in conjunction with
an appropriate inspection of a commercial motor vehicle to
enforce Federal or State commercial motor vehicle safety
regulations, for--
``(A) enforcement of commercial motor vehicle size and
weight limitations at locations, excluding fixed weight
facilities, such as near steep grades or mountainous
terrains, where the weight of a commercial motor vehicle can
significantly affect the safe operation of the vehicle, or at
ports where intermodal shipping containers enter and leave
the United States; and
``(B) detection of and enforcement actions taken as a
result of criminal activity, including the trafficking of
human beings, in a commercial motor vehicle or by any
occupant, including the operator, of the commercial motor
vehicle;
``(2) for documented enforcement of State traffic laws and
regulations designed to promote the safe operation of
commercial motor vehicles, including documented enforcement
of such laws and regulations relating to noncommercial motor
vehicles when necessary to promote the safe operation of
commercial motor vehicles, if--
``(A) the number of motor carrier safety activities,
including roadside safety inspections, conducted in the State
is maintained at a level at least equal to the average level
of such activities conducted in the State in fiscal years
2004 and 2005; and
``(B) the State does not use more than 10 percent of the
basic amount the State receives under a grant awarded under
section 31104(a)(1) for enforcement activities relating to
noncommercial motor vehicles necessary to promote the safe
operation of commercial motor vehicles unless the Secretary
determines that a higher percentage will result in
significant increases in commercial motor vehicle safety; and
``(3) for the enforcement of household goods regulations on
intrastate and interstate carriers if the State has adopted
laws or regulations compatible with the Federal household
goods regulations.
[[Page S5614]]
``(i) Evaluation of Plans and Award of Grants.--
``(1) Awards.--The Secretary shall establish criteria for
the application, evaluation, and approval of State plans
under this section. Subject to subsection (j), the Secretary
may allocate the amounts made available under section
31104(a)(1) among the States.
``(2) Opportunity to cure.--If the Secretary disapproves a
plan under this section, the Secretary shall give the State a
written explanation of the reasons for disapproval and allow
the State to modify and resubmit the plan for approval.
``(j) Allocation of Funds.--
``(1) In general.--The Secretary, by regulation, shall
prescribe allocation criteria for funds made available under
section 31104(a)(1).
``(2) Annual allocations.--On October 1 of each fiscal
year, or as soon as practicable thereafter, and after making
a deduction under section 31104(c), the Secretary shall
allocate amounts made available in section 31104(a)(1) to
carry out this section for the fiscal year among the States
with plans approved under this section in accordance with the
criteria under paragraph (1).
``(3) Elective adjustments.--Subject to the availability of
funding and notwithstanding fluctuations in the data elements
used by the Secretary to calculate the annual allocation
amounts, after the creation of a new allocation formula under
section 32508 of the Comprehensive Transportation and
Consumer Protection Act of 2015 the Secretary may not make
elective adjustments to the allocation formula that decrease
a State's Federal funding levels by more than 3 percent in a
fiscal year. The 3 percent limit shall not apply to the
withholding provisions of subsection (k).
``(k) Plan Monitoring.--
``(1) In general.--On the basis of reports submitted by the
lead State agency responsible for administering an approved
State plan and an investigation by the Secretary, the
Secretary shall periodically evaluate State implementation of
and compliance with the State plan.
``(2) Withholding of funds.--
``(A) Disapproval.--If, after notice and an opportunity to
be heard, the Secretary finds that the State plan previously
approved is not being followed or has become inadequate to
ensure enforcement of the regulations, standards, or orders,
or the State is otherwise not in compliance with the
requirements of this section, the Secretary may withdraw
approval of the plan and notify the State. The plan is no
longer in effect once the State receives notice, and the
Secretary shall withhold all funding under this section.
``(B) Noncompliance withholding.--In lieu of withdrawing
approval of the plan, the Secretary may, after providing
notice and an opportunity to be heard, withhold funding from
the State to which the State would otherwise be entitled
under this section for the period of the State's
noncompliance. In exercising this option, the Secretary may
withhold--
``(i) up to 5 percent of funds during the fiscal year that
the Secretary notifies the State of its noncompliance;
``(ii) up to 10 percent of funds for the first full fiscal
year of noncompliance;
``(iii) up to 25 percent of funds for the second full
fiscal year of noncompliance; and
``(iv) not more than 50 percent of funds for the third and
any subsequent full fiscal year of noncompliance.
``(3) Judicial review.--A State adversely affected by a
determination under paragraph (2) may seek judicial review
under chapter 7 of title 5. Notwithstanding the disapproval
of a State plan under paragraph (2)(A) or the withholding
under paragraph (2)(B), the State may retain jurisdiction in
an administrative or a judicial proceeding that commenced
before the notice of disapproval or withholding if the issues
involved are not related directly to the reasons for the
disapproval or withholding.
``(l) High Priority Financial Assistance Program.--
``(1) In general.--The Secretary shall administer a high
priority financial assistance program funded under section
31104 for the purposes described in paragraphs (2) and (3).
``(2) Activities related to motor carrier safety.--The
purpose of this paragraph is to make discretionary grants to
and cooperative agreements with States, local governments,
federally-recognized Indian tribes, other political
jurisdictions as necessary, and any person to carry out high
priority activities and projects that augment motor carrier
safety activities and projects planned in accordance with
subsections (b) and (c), including activities and projects
that--
``(A) increase public awareness and education on commercial
motor vehicle safety;
``(B) target unsafe driving of commercial motor vehicles
and non-commercial motor vehicles in areas identified as high
risk crash corridors;
``(C) support the enforcement of State household goods
regulations on intrastate and interstate carriers if the
State has adopted laws or regulations compatible with the
Federal household good laws;
``(D) improve the safe and secure movement of hazardous
materials;
``(E) improve safe transportation of goods and persons in
foreign commerce;
``(F) demonstrate new technologies to improve commercial
motor vehicle safety;
``(G) support participation in performance and registration
information systems management under section 31106(b)--
``(i) for entities not responsible for submitting the plan
under subsection (c); or
``(ii) for entities responsible for submitting the plan
under subsection (c)--
``(I) before October 1, 2020, to achieve compliance with
the requirements of participation; and
``(II) beginning on October 1, 2020, or once compliance is
achieved, whichever is sooner, for special initiatives or
projects that exceed routine operations required for
participation;
``(H) conduct safety data improvement projects--
``(i) that complete or exceed the requirements under
subsection (c)(2)(P) for entities not responsible for
submitting the plan under subsection (c); or
``(ii) that exceed the requirements under subsection
(c)(2)(P) for entities responsible for submitting the plan
under subsection (c); and
``(I) otherwise improve commercial motor vehicle safety and
compliance with commercial motor vehicle safety regulations.
``(3) Innovative technology deployment grant program.--
``(A) In general.--The Secretary shall establish an
innovative technology deployment grant program to make
discretionary grants funded under section 31104(a)(2) to
eligible States for the innovative technology deployment of
commercial motor vehicle information systems and networks.
``(B) Purposes.--The purposes of the program shall be--
``(i) to advance the technological capability and promote
the deployment of intelligent transportation system
applications for commercial motor vehicle operations,
including commercial motor vehicle, commercial driver, and
carrier-specific information systems and networks; and
``(ii) to support and maintain commercial motor vehicle
information systems and networks--
``(I) to link Federal motor carrier safety information
systems with State commercial motor vehicle systems;
``(II) to improve the safety and productivity of commercial
motor vehicles and drivers; and
``(III) to reduce costs associated with commercial motor
vehicle operations and Federal and State commercial vehicle
regulatory requirements.
``(C) Eligibility.--To be eligible for a grant under this
paragraph, a State shall--
``(i) have a commercial motor vehicle information systems
and networks program plan approved by the Secretary that
describes the various systems and networks at the State level
that need to be refined, revised, upgraded, or built to
accomplish deployment of commercial motor vehicle information
systems and networks capabilities;
``(ii) certify to the Secretary that its commercial motor
vehicle information systems and networks deployment
activities, including hardware procurement, software and
system development, and infrastructure modifications--
``(I) are consistent with the national intelligent
transportation systems and commercial motor vehicle
information systems and networks architectures and available
standards; and
``(II) promote interoperability and efficiency to the
extent practicable; and
``(iii) agree to execute interoperability tests developed
by the Federal Motor Carrier Safety Administration to verify
that its systems conform with the national intelligent
transportation systems architecture, applicable standards,
and protocols for commercial motor vehicle information
systems and networks.
``(D) Use of funds.--Grant funds may be used--
``(i) for deployment activities and activities to develop
new and innovative advanced technology solutions that support
commercial motor vehicle information systems and networks;
``(ii) for planning activities, including the development
or updating of program or top level design plans in order to
become eligible or maintain eligibility under subparagraph
(C); and
``(iii) for the operation and maintenance costs associated
with innovative technology.
``(E) Secretary authorization.--The Secretary is authorized
to award a State funding for the operation, and maintenance
costs associated with innovative technology deployment with
funds made available under both sections 31104(a)(1) and
31104(a)(2) of this title.''.
(b) Commercial Motor Vehicle Operators Grant Program.--
Section 31103 is amended to read as follows:
``Sec. 31103. Commercial Motor Vehicle Operators Grant
Program
``(a) In General.--The Secretary shall administer a
commercial motor vehicle operators grant program funded under
section 31104.
``(b) Purpose.--The purpose of the grant program is to
train individuals in the safe operation of commercial motor
vehicles (as defined in section 31301).''.
(c) Authorization of Appropriations.--Section 31104 is
amended to read as follows:
``Sec. 31104. Authorization of appropriations
``(a) Financial Assistance Programs.--The following sums
are authorized to be appropriated from the Highway Trust Fund
for the following Federal Motor Carrier Safety Administration
Financial Assistance Programs:
[[Page S5615]]
``(1) Motor carrier safety assistance program.--Subject to
paragraph (2) of this subsection and subsection (c) of this
section, to carry out section 31102--
``(A) $295,636,000 for fiscal year 2017;
``(B) $301,845,000 for fiscal year 2018;
``(C) $308,183,000 for fiscal year 2019;
``(D) $314,655,000 for fiscal year 2020; and
``(E) $321,263,000 for fiscal year 2021.
``(2) High priority activities financial assistance
program.--Subject to subsection (c), to make grants and
cooperative agreements under section 31102(l) of this title,
the Secretary may set aside from amounts made available under
paragraph (1) of this subsection up to--
``(A) $42,323,000 for fiscal year 2017;
``(B) $43,212,000 for fiscal year 2018;
``(C) $44,119,000 for fiscal year 2019;
``(D) $45,046,000 for fiscal year 2020; and
``(E) $45,992,000 for fiscal year 2021.
``(3) Commercial motor vehicle operators grant program.--To
carry out section 31103--
``(A) $1,000,000 for fiscal year 2017;
``(B) $1,000,000 for fiscal year 2018;
``(C) $1,000,000 for fiscal year 2019;
``(D) $1,000,000 for fiscal year 2020; and
``(E) $1,000,000 for fiscal year 2021.
``(4) Commercial driver's license program implementation
financial assistance program.--Subject to subsection (c), to
carry out section 31313--
``(A) $31,273,000 for fiscal year 2017;
``(B) $31,930,000 for fiscal year 2018;
``(C) $32,600,000 for fiscal year 2019;
``(D) $33,285,000 for fiscal year 2020; and
``(E) $33,984,000 for fiscal year 2021.
``(b) Reimbursement and Payment to Recipients for
Government Share of Costs.--
``(1) In general.--Amounts made available under subsection
(a) shall be used to reimburse financial assistance
recipients proportionally for the Federal Government's share
of the costs incurred.
``(2) Reimbursement amounts.--The Secretary shall reimburse
a recipient, in accordance with a financial assistance
agreement made under section 31102, 31103, or 31313, an
amount that is at least 85 percent of the costs incurred by
the recipient in a fiscal year in developing and implementing
programs under these sections. The Secretary shall pay the
recipient an amount not more than the Federal Government
share of the total costs approved by the Federal Government
in the financial assistance agreement. The Secretary shall
include a recipient's in-kind contributions in determining
the reimbursement.
``(3) Vouchers.--Each recipient shall submit vouchers at
least quarterly for costs the recipient incurs in developing
and implementing programs under section 31102, 31103, or
31313.
``(c) Deductions for Partner Training and Program
Support.--On October 1 of each fiscal year, or as soon after
that date as practicable, the Secretary may deduct from
amounts made available under paragraphs (1), (2), and (4) of
subsection (a) for that fiscal year not more than 1.50
percent of those amounts for partner training and program
support in that fiscal year. The Secretary shall use at least
75 percent of those deducted amounts to train non-Federal
Government employees and to develop related training
materials in carrying out these programs.
``(d) Grants and Cooperative Agreements as Contractual
Obligations.--The approval of a financial assistance
agreement by the Secretary under section 31102, 31103, or
31313 is a contractual obligation of the Federal Government
for payment of the Federal Government's share of costs in
carrying out the provisions of the grant or cooperative
agreement.
``(e) Eligible Activities.--The Secretary shall establish
criteria for eligible activities to be funded with financial
assistance agreements under this section and publish those
criteria in a notice of funding availability before the
financial assistance program application period.
``(f) Period of Availability of Financial Assistance
Agreement Funds for Recipient Expenditures.--
``(1) In general.--The period of availability for a
recipient to expend a grant or cooperative agreement
authorized under subsection (a) is as follows:
``(A) For grants made for carrying out section 31102, other
than section 31102(l), for the fiscal year in which it is
obligated and for the next fiscal year.
``(B) For grants or cooperative agreements made for
carrying out section 31102(l)(2), for the fiscal year in
which it is obligated and for the next 2 fiscal years.
``(C) For grants made for carrying out section 31102(l)(3),
for the fiscal year in which it is obligated and for the next
4 fiscal years.
``(D) For grants made for carrying out section 31103, for
the fiscal year in which it is obligated and for the next
fiscal year.
``(E) For grants or cooperative agreements made for
carrying out 31313, for the fiscal year in which it is
obligated and for the next 4 fiscal years.
``(2) Reobligation.--Amounts not expended by a recipient
during the period of availability shall be released back to
the Secretary for reobligation for any purpose under sections
31102, 31103, 31104, and 31313 in accordance with subsection
(i) of this section.
``(g) Contract Authority; Initial Date of Availability.--
Amounts authorized from the Highway Trust Fund by this
section shall be available for obligation on the date of
their apportionment or allocation or on October 1 of the
fiscal year for which they are authorized, whichever occurs
first.
``(h) Availability of Funding.--Amounts made available
under this section shall remain available until expended.
``(i) Transfer of Obligation Authority.--
``(1) In general.--Of the contract authority authorized for
motor carrier safety grants, the Secretary shall have
authority to transfer available unobligated contract
authority and associated liquidating cash within or between
Federal financial assistance programs authorized under this
section and make new Federal financial assistance awards
under this section.
``(2) Cost estimates.--Of the funds transferred, the
contract authority and associated liquidating cash or
obligations and expenditures stemming from Federal financial
assistance awards made with this contract authority shall not
be scored as new obligations by the Office of Management and
Budget or by the Secretary.
``(3) No limitation on total of obligations.--
Notwithstanding any other provision of law, no limitation on
the total of obligations for Federal financial assistance
programs carried out by the Federal Motor Carrier Safety
Administration under this section shall apply to unobligated
funds transferred under this subsection.''.
(d) Technical and Conforming Amendments.--
(1) Safety fitness of owners and operator; safety reviews
of new operators.--Section 31144(g) is amended by striking
paragraph (5).
(2) Information systems; performance and registration
information program.--Section 31106(b) is amended by striking
paragraph (4).
(3) Border enforcement grants.--Section 31107 is repealed.
(4) Performance and registration information system
management.--Section 31109 is repealed.
(5) Table of contents.--The table of contents of chapter
311 is amended--
(A) by striking the items relating to 31107 and 31109; and
(B) by striking the items relating to sections 31102,
31103, and 31104 and inserting the following:
``31102. Motor Carrier Safety Assistance Program.
``31103. Commercial Motor Vehicle Operators Grant Program.
``31104. Authorization of appropriations.''.
(6) Grants for commercial driver's license program
implementation.--Section 31313(a), as amended by section
32506 of this Act, is further amended by striking ``The
Secretary of Transportation shall administer a financial
assistance program for commercial driver's license program
implementation for the purposes described in paragraphs (1)
and (2)'' and inserting ``The Secretary of Transportation
shall administer a financial assistance program for
commercial driver's license program implementation funded
under section 31104 of this title for the purposes described
in paragraphs (1) and (2)''.
(7) Commercial vehicle information systems and networks
deployment.--Section 4126 of SAFETEA-LU (49 U.S.C. 31106
note) is repealed.
(8) Safety data improvement program.--Section 4128 of
SAFETEA-LU (49 U.S.C. 31100 note) is repealed.
(9) Grant program for commercial motor vehicle operators.--
Section 4134 of SAFETEA-LU (49 U.S.C. 31301 note) is
repealed.
(10) Winter home heating oil delivery state flexibility
program.--Section 346 of National Highway System Designation
Act of 1995 (49 U.S.C. 31166 note) is repealed.
(11) Maintenance of effort as condition on grants to
states.--Section 103(c) of the Motor Carrier Safety
Improvement Act of 1999 (49 U.S.C. 31102 note) is repealed.
(12) State compliance with cdl requirements.--Section
103(e) of the Motor Carrier Safety Improvement Act of 1999
(49 U.S.C. 31102 note) is repealed.
(13) Border staffing standards.--Section 218(d) of the
Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31133
note) is amended--
(A) in paragraph (1), by striking ``under section
31104(f)(2)(B) of title 49, United States Code'' and
inserting ``section 31104(a)(1) of title 49, United States
Code''; and
(B) by striking paragraph (3).
(e) Effective Date.--The amendments made by this section
shall take effect on October 1, 2016.
(f) Transition.--Notwithstanding the amendments made by
this section, the Secretary shall carry out sections 31102,
31103, 31104 of title 49, United States Code, and any
sections repealed under subsection (d) of this section, as
necessary, as those sections were in effect on the day before
October 1, 2016, with respect to applications for grants,
cooperative agreements, or contracts under those sections
submitted before October 1, 2016.
SEC. 32503. NEW ENTRANT SAFETY REVIEW PROGRAM STUDY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Office of Inspector General of the
Department of Transportation shall report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure in the House
of Representatives on its assessment of the new operator
safety review program, required under section 31144(g) of
title 49, United States Code, including the program's
effectiveness in reducing commercial motor vehicles involved
in crashes, fatalities, and injuries, and in improving
commercial motor vehicle safety.
[[Page S5616]]
(b) Report.--Not later than 90 days after completion of the
report under subsection (a), the Secretary shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
in the House of Representatives a report on the actions the
Secretary will take to address any recommendations included
in the study under subsection (a).
(c) Paperwork Reduction Act of 1995; Exception.--The study
and the Office of the Inspector General assessment shall not
be subject to section 3506 or section 3507 of title 44,
United States Code.
SEC. 32504. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS
MANAGEMENT.
Section 31106(b) is amended in the heading by striking
``Program'' and inserting ``Systems Management''.
SEC. 32505. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subchapter I of chapter 311 is amended by
adding at the end the following:
``Sec. 31110. Authorization of appropriations
``(a) Administrative Expenses.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) for the Secretary of Transportation to pay
administrative expenses of the Federal Motor Carrier Safety
Administration--
``(1) $264,439,000 for fiscal year 2016;
``(2) $269,992,000 for fiscal year 2017;
``(3) $275,662,000 for fiscal year 2018;
``(4) $281,451,000 for fiscal year 2019;
``(5) $287,361,000 for fiscal year 2020; and
``(6) $293,396,000 for fiscal year 2021.
``(b) Use of Funds.--The funds authorized by this section
shall be used--
``(1) for personnel costs;
``(2) for administrative infrastructure;
``(3) for rent;
``(4) for information technology;
``(5) for programs for research and technology, information
management, regulatory development, the administration of the
performance and registration information systems management;
``(6) for programs for outreach and education under
subsection (d);
``(7) to fund the motor carrier safety facility working
capital fund established under subsection (c);
``(8) for other operating expenses;
``(9) to conduct safety reviews of new operators; and
``(10) for such other expenses as may from time to time
become necessary to implement statutory mandates of the
Federal Motor Carrier Safety Administration not funded from
other sources.
``(c) Motor Carrier Safety Facility Working Capital Fund.--
``(1) In general.--The Secretary may establish a motor
carrier safety facility working capital fund.
``(2) Purpose.--Amounts in the fund shall be available for
modernization, construction, leases, and expenses related to
vacating, occupying, maintaining, and expanding motor carrier
safety facilities, and associated activities.
``(3) Availability.--Amounts in the fund shall be available
without regard to fiscal year limitation.
``(4) Funding.--Amounts may be appropriated to the fund
from the amounts made available in subsection (a).
``(5) Fund transfers.--The Secretary may transfer funds to
the working capital fund from the amounts made available in
subsection (a) or from other funds as identified by the
Secretary.
``(d) Outreach and Education Program.--
``(1) In general.--The Secretary may conduct, through any
combination of grants, contracts, cooperative agreements, or
other activities, an internal and external outreach and
education program to be administered by the Administrator of
the Federal Motor Carrier Safety Administration.
``(2) Federal share.--The Federal share of an outreach and
education program for which a grant, contract, or cooperative
agreement is made under this subsection may be up to 100
percent of the cost of the grant, contract, or cooperative
agreement.
``(3) Funding.--From amounts made available in subsection
(a), the Secretary shall make available such sums as are
necessary to carry out this subsection each fiscal year.
``(e) Contract Authority; Initial Date of Availability.--
Amounts authorized from the Highway Trust Fund by this
section shall be available for obligation on the date of
their apportionment or allocation or on October 1 of the
fiscal year for which they are authorized, whichever occurs
first.
``(f) Funding Availability.--Amounts made available under
this section shall remain available until expended.
``(g) Contractual Obligation.--The approval of funds by the
Secretary under this section is a contractual obligation of
the Federal Government for payment of the Federal
Government's share of costs.''.
(b) Technical and Conforming Amendments.--
(1) Administrative expenses; authorization of
appropriations.--Section 31104 is amended--
(A) by striking subsection (i); and
(B) by redesignating subsections (j) and (k) and
subsections (i) and (j), respectively.
(2) Use of amounts made available under subsection (i).--
Section 4116(d) of SAFETEA-LU (49 U.S.C. 31104 note) is
amended by striking ``section 31104(i)'' and inserting
``section 31110''.
(3) Internal cooperation.--Section 31161 is amended by
striking ``31104(i)'' and inserting ``31110''.
(4) SAFETEA-LU; outreach and education.--Section 4127 of
SAFETEA-LU (119 Stat. 1741; Public Law 109-59) is repealed.
(5) Table of contents.--The table of contents of subchapter
I of chapter 311 is amended by adding at the end the
following:
``31110. Authorization of appropriations.''.
SEC. 32506. COMMERCIAL DRIVER'S LICENSE PROGRAM
IMPLEMENTATION.
(a) In General.--Section 31313 is amended to read as
follows:
``Sec. 31313. Commercial driver's license program
implementation financial assistance program
``(a) In General.--The Secretary of Transportation shall
administer a financial assistance program for commercial
driver's license program implementation for the purposes
described in paragraphs (1) and (2).
``(1) State commercial driver's license program
implementation grants.--The Secretary of Transportation may
make a grant to a State agency in a fiscal year--
``(A) to comply with the requirements of section 31311;
``(B) in the case of a State that is making a good faith
effort toward substantial compliance with the requirements of
section 31311, to improve its implementation of its
commercial driver's license program, including expenses--
``(i) for computer hardware and software;
``(ii) for publications, testing, personnel, training, and
quality control;
``(iii) for commercial driver's license program
coordinators; and
``(iv) to implement or maintain a system to notify an
employer of an operator of a commercial motor vehicle of the
suspension or revocation of the operator's commercial
driver's license consistent with the standards developed
under section 32303(b) of the Commercial Motor Vehicle Safety
Enhancement Act of 2012 (49 U.S.C. 31304 note).
``(2) Priority activities.--The Secretary may make a grant
or cooperative agreement in a fiscal year to a State agency,
local government, or any person for research, development or
testing, demonstration projects, public education, or other
special activities and projects relating to commercial
driver's licensing and motor vehicle safety that--
``(A) benefit all jurisdictions of the United States;
``(B) address national safety concerns and circumstances;
``(C) address emerging issues relating to commercial
driver's license improvements;
``(D) support innovative ideas and solutions to commercial
driver's license program issues; or
``(E) address other commercial driver's license issues, as
determined by the Secretary.
``(b) Prohibitions.--A recipient may not use financial
assistance funds awarded under this section to rent, lease,
or buy land or buildings.
``(c) Report.--The Secretary shall issue an annual report
on the activities carried out under this section.
``(d) Apportionment.--All amounts made available to carry
out this section for a fiscal year shall be apportioned to a
State or recipient described in subsection (a)(2) according
to criteria prescribed by the Secretary.''.
(b) Technical and Conforming Amendments.--The table of
contents of chapter 313 is amended by striking the item
relating to section 31313 and inserting the following:
``31313. Commercial driver's license program implementation financial
assistance program.''.
SEC. 32507. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY
PROGRAMS FOR FISCAL YEAR 2016.
(a) Motor Carrier Safety Assistance Program Grant
Extension.--Section 31104(a) is amended--
(1) in the matter preceding paragraph (1), by inserting
``and, for fiscal year 2016, sections 31102, 31107, and 31109
of this title and section 4128 of SAFETEA-LU (49 U.S.C. 31100
note)'' after ``31102'';
(2) in paragraph (9), by striking ``and'' at the end; and
(3) by striking paragraph (10) and inserting the following:
``(10) $218,000,000 for fiscal year 2015; and
``(11) `$259,000,000 for fiscal year 2016.''.
(b) Extension of Grant Programs.--Section 4101(c) SAFETEA-
LU (119 Stat. 1715; Public Law 109-59), is amended to read as
follows:
``(c) Grant Programs Funding.--There are authorized to be
appropriated from the Highway Trust Fund the following sums
for the following Federal Motor Carrier Safety Administration
programs:
``(1) Commercial driver's license program improvement
grants.--For carrying out the commercial driver's license
program improvement grants program under section 31313 of
title 49, United States Code, $30,000,000 for fiscal year
2016.
``(2) Border enforcement grants.--From amounts made
available under section 31104(a) of title 49, United States
Code, for border enforcement grants under section 31107 of
that title, $32,000,000 for fiscal year 2016.
``(3) Performance and registration information systems
management grant programs.--From amounts made available under
section 31104(a) of title 49, United States Code, for the
performance and registration information systems management
[[Page S5617]]
grant program under section 31109 of that title, $5,000,000
for fiscal year 2016.
``(4) Commercial vehicle information systems and networks
deployment.--For carrying out the commercial vehicle
information systems and networks deployment program under
section 4126 of this Act (the innovative technology
deployment program), $25,000,000, for fiscal year 2016.
``(5) Safety data improvement grants.--From amounts made
available under section 31104(a) of title 49, United States
Code, for safety data improvement grants under section 4128
of this Act, $3,000,000 for fiscal year 2016.''.
(c) High-priority Activities.--Section 31104(j)(2), as
redesignated by section 32505 of this Act is amended by
striking ``2015'' and inserting ``2016''.
(d) New Entrant Audits.--Section 31144(g)(5)(B) is amended
to read as follows:
``(B) Set aside.--The Secretary shall set aside from
amounts made available by section 31104(a) up to $32,000,000
for fiscal year 2016 for audits of new entrant motor carriers
conducted under this paragraph.''.
(e) Grant Program for Commercial Motor Vehicle Operators.--
Section 4134(c) of SAFETEA-LU (49 U.S.C. 31301 note) is
amended to read as follows:
``(c) Funding.--From amounts made available under section
31110 of title 49, United States Code, the Secretary shall
make available, $1,000,000 for fiscal year 2016 to carry out
the commercial motor vehicle operators grant program.''.
(f) Commercial Vehicle Information Systems and Networks
Deployment.--
(1) In general.--Section 4126 of SAFETEA-LU (49 U.S.C.
31106 note; 119 Stat. 1738; Public Law 109-59) is amended--
(A) in subsection (c)--
(i) in paragraph (2), by adding at the end the following:
``Funds deobligated by the Secretary from previous year
grants shall not be counted towards the $2,500,000 maximum
aggregate amount for core deployment.''; and
(ii) in paragraph (3), by adding at the end the following:
``Funds may also be used for planning activities, including
the development or updating of program or top level design
plans.''; and
(B) in subsection (d)(4), by adding at the end the
following: ``Funds may also be used for planning activities,
including the development or updating of program or top level
design plans.''.
(2) Innovative technology deployment program.--For fiscal
year 2016, the commercial vehicle information systems and
networks deployment program under section 4126 of SAFETEA-LU
(119 Stat. 1738; Public Law 109--59) may also be referred to
as the innovative technology deployment program.
SEC. 32508. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM
ALLOCATION.
(a) Working Group.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
motor carrier safety assistance program formula working group
(referred to in this section as the ``working group''.
(2) Membership.--
(A) In general.--Subject to subparagraph (B), the working
group shall consist of representatives of the following:
(i) The Federal Motor Carrier Safety Administration.
(ii) The lead State commercial motor vehicle safety
agencies responsible for administering the plan required by
section 31102 of title 49, United States Code.
(iii) An organization representing State agencies
responsible for enforcing a program for inspection of
commercial motor vehicles.
(iv) Such other persons as the Secretary considers
necessary.
(B) Composition.--Representatives of State commercial motor
vehicle safety agencies shall comprise at least 51 percent of
the membership.
(3) New allocation formula.--The working group shall
analyze requirements and factors for a new motor carrier
safety assistance program allocation formula.
(4) Recommendation.--Not later than 1 year after the date
the working group is established under paragraph (1), the
working group shall make a recommendation to the Secretary
regarding a new Motor Carrier Safety Assistance Program
allocation formula.
(5) FACA exemption.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the working group established
under this subsection.
(6) Publication.--The Administrator of the Federal Motor
Carrier Safety Administration shall publish on a public
website summaries of its meetings, and the final
recommendation provided to the Secretary.
(b) Notice of Proposed Rulemaking.--After receiving the
recommendation under subsection (a)(4), the Secretary shall
publish in the Federal Register a notice seeking public
comment on a new allocation formula for the motor carrier
safety assistance program under section 31102 of title 49,
United States Code.
(c) Basis for Formula.--The Secretary shall ensure that the
new allocation formula is based on factors that reflect, at a
minimum--
(1) the relative needs of the States to comply with section
31102 of title 49, United States Code;
(2) the relative administrative capacities of and
challenges faced by States in complying with section 31102 of
title 49, United States Code;
(3) the average of each State's new entrant motor carrier
inventory for the 3-year period prior to the date of
enactment of this Act;
(4) the number of international border inspection
facilities and border crossings by commercial vehicles in
each State; and
(5) any other factors the Secretary considers appropriate.
(d) Funding Amounts Prior to Development of a New
Allocation Formula.--
(1) Interim formula.--Prior to the development of the new
allocation formula, the Secretary may calculate the interim
funding amounts for the motor carrier safety assistance
program in fiscal year 2017 (and later fiscal years, as
necessary) under section 31104(a)(1) of title 49, United
States Code, as amended by section 32502 of this Act, by the
following methodology:
(A) The Secretary shall calculate the funding amount using
the allocation formula the Secretary used to award motor
carrier safety assistance program funding in fiscal year 2016
under section 2507 of this Act.
(B) The Secretary shall average the funding awarded or
other equitable amounts to a State in fiscal years 2013,
2014, and 2015 for border enforcement grants awarded under
section 32603(c) of MAP-21 (126 Stat. 807; Public Law 112--
141) and new entrant audit grants awarded under that section,
or other equitable amounts.
(C) The Secretary shall add the amounts calculated in
subparagraphs (A) and (B).
(2) Adjustments.--Subject to the availability of funding
and notwithstanding fluctuations in the data elements used by
the Secretary, the initial amounts resulting from the
calculation described in paragraph (1) shall be adjusted to
ensure that, for each State, the amount shall not be less
than 97 percent of the average amount of funding received or
other equitable amounts in fiscal years 2013, 2014, and 2015
for--
(A) motor carrier safety assistance program funds awarded
under section 32603(a) of MAP-21 (126 Stat. 807; Public Law
112-141);
(B) border enforcement grants awarded under section
32603(a) of MAP-21 (126 Stat. 807; Public Law 112-141); and
(C) new entrant audit grants awarded under section 32603(a)
of MAP-21 (126 Stat. 807; Public Law 112-141).
(3) Immediate relief.--In developing the new allocation
formula, the Secretary shall provide immediate relief for at
least 3 fiscal years to all States currently subject to the
withholding provisions of Motor Carrier Safety Assistance
Program funds for matters of noncompliance.
(4) Future withholdings.--Beginning on the date that the
new allocation formula is implemented, the Secretary shall
impose all future withholdings in accordance with section
31102(k) of title 49, United States Code, as amended by
section 32502 of this Act.
(e) Termination of Effectiveness.--This section expires
upon the implementation of a new Motor Carrier Safety
Assistance Program Allocation Formula.
SEC. 32509. MAINTENANCE OF EFFORT CALCULATION.
(a) Before New Allocation Formula.--
(1) Fiscal year 2017.--If a new allocation formula has not
been established for fiscal year 2017, then, for fiscal year
2017, the Secretary of Transportation shall calculate the
maintenance of effort required under section 31102(f) of
title 49, United States Code, as amended by section 32502 of
this Act, by averaging the expenditures for fiscal years 2004
and 2005 required by section 32601(a)(5) of MAP-21 (Public
Law 112--141), as that section was in effect on the day
before the date of enactment of this Act.
(2) Subsequent fiscal years.--The Secretary may use the
methodology for calculating the maintenance of effort for
fiscal year 2017 and each fiscal year thereafter if a new
allocation formula has not been established.
(b) Beginning With New Allocation Formation.--
(1) In general.--Subject to paragraphs (2) and (3)(B),
beginning on the date that a new allocation formula is
established under section 2508, upon the request of a State,
the Secretary may modify the baseline maintenance of effort
required by section 31102(e) of title 49, United States Code,
as amended by section 32502 of this Act, for the purpose of
establishing a new baseline maintenance of effort if the
Secretary determines that a waiver or modification--
(A) is equitable due to reasonable circumstances;
(B) will ensure the continuation of commercial motor
vehicle enforcement activities in the State; and
(C) is necessary to ensure that the total amount of State
maintenance of effort and matching expenditures required
under sections 31102 and 31104 of title 49, United States
Code, as amended by section 32502 of this Act, does not
exceed a sum greater than the average of the total amount of
State maintenance of effort and matching expenditures for the
3 fiscal years prior to the date of enactment of this Act.
(2) Adjustment methodology.--If requested by a State, the
Secretary may modify the maintenance of effort baseline
according to the following methodology:
(A) The Secretary shall establish the maintenance of effort
using the average of fiscal years 2004 and 2005, as required
by section 32601(a)(5) of MAP-21 (Public Law 112--141).
(B) The Secretary shall calculate the average required
match by a lead State commercial motor vehicle safety agency
for fiscal years 2013, 2014, and 2015 for motor carrier
safety assistance grants established at 20
[[Page S5618]]
percent by section 31103 of title 49, United States Code, as
that section was in effect on the day before the date of
enactment of this Act.
(C) The Secretary shall calculate the estimated match
required under section 31104(b) of title 49, United States
Code, as amended by section 32502 of this Act.
(D) The Secretary will subtract the amount in subparagraph
(B) from the amount in subparagraph (C) and--
(i) if the number is greater than 0, then the Secretary
shall subtract the number from the amount in subparagraph
(A); or
(ii) if the number is not greater than 0, then the
Secretary shall calculate the maintenance of effort using the
methodology in subparagraph (A).
(3) Maintenance of effort amount.--
(A) In general.--The Secretary shall use the amount
calculated in paragraph (2) as the baseline maintenance of
effort required in section 31102(f) of title 49, United
States Code, as amended by section 32502 of this Act.
(B) Deadline.--If a State does not request a waiver or
modification under this subsection before September 30 during
the first fiscal year that the Secretary implements the new
allocation formula under section 32508, the Secretary shall
calculate the maintenance of effort using the methodology in
paragraph (2)(A) of this subsection.
(4) Maintenance of effort described.--The maintenance of
effort calculated under this section is the amount required
under section 31102(f) of title 49, United States Code, as
amended by section 32502 of this Act.
(c) Termination of Effectiveness.--The authority under this
section terminates effective on the date that the new
maintenance of effort is calculated based on the new
allocation formula implemented under section 32508.
Subtitle F--Miscellaneous Provisions
SEC. 32601. WINDSHIELD TECHNOLOGY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall revise the
regulations in section 393.60(e) of title 49, Code of Federal
Regulations (relating to the prohibition on obstructions to
the driver's field of view) to exempt from that section the
voluntary mounting on a windshield of vehicle safety
technology likely to achieve a level of safety that is
equivalent to or greater than the level of safety that would
be achieved absent the exemption.
(b) Definition of Vehicle Safety Technology.--In this
section, ``vehicle safety technology'' includes fleet-related
incident management system, performance or behavior
management system, speed management system, lane departure
warning system, forward collision warning or mitigation
system, active cruise control system, and any other
technology that the Secretary considers applicable.
(c) Rule of Construction.--For purposes of this section,
any windshield mounted technology with a short term exemption
under part 381 of title 49, Code of Federal Regulations, on
the day before the date of enactment of this Act, shall be
considered likely to achieve a level of safety that is
equivalent to or greater than the level of safety that would
be achieved absent an exemption under subsection (a).
SEC. 32602. ELECTRONIC LOGGING DEVICES REQUIREMENTS.
Section 31137(b) is amended--
(1) in paragraph (1)(C), by striking ``apply to'' and
inserting ``except as provided in paragraph (3), apply to'';
and
(2) by adding at the end the following:
``(3) Exception.--A motor carrier, when transporting a
motor home or recreation vehicle trailer within the
definition of `driveaway-towaway operation' (as defined in
section 390.5 of title 49, Code of Federal Regulations) may
comply with the hours of service requirements by requiring
each driver to use--
``(A) a paper record of duty status form; or
``(B) an electronic logging device.''.
SEC. 32603. LAPSE OF REQUIRED FINANCIAL SECURITY; SUSPENSION
OF REGISTRATION.
Section 13906(e) is amended by inserting ``or suspend''
after ``revoke''.
SEC. 32604. ACCESS TO NATIONAL DRIVER REGISTER.
Section 30305(b) is amended by adding at the end the
following:
``(13) The Administrator of the Federal Motor Carrier
Safety Administration may request the chief driver licensing
official of a State to provide information under subsection
(a) of this section about an individual in connection with a
safety investigation under the Administrator's
jurisdiction.''.
SEC. 32605. STUDY ON COMMERCIAL MOTOR VEHICLE DRIVER
COMMUTING.
(a) Effects of Commuting.--The Administrator of the Federal
Motor Carrier Safety Administration shall conduct a study of
the effects of motor carrier operator commutes exceeding 150
minutes commuting time on safety and commercial motor vehicle
driver fatigue.
(b) Study.--In conducting the study, the Administrator
shall consider--
(1) the prevalence of driver commuting in the commercial
motor vehicle industry, including the number and percentage
of drivers who commute;
(2) the distances traveled, time zones crossed, time spent
commuting, and methods of transportation used;
(3) research on the impact of excessive commuting on safety
and commercial motor vehicle driver fatigue;
(4) the commuting practices of commercial motor vehicle
drivers and policies of motor carriers;
(5) the Federal Motor Carrier Safety Administration
regulations, policies, and guidance regarding driver
commuting; and
(6) any other matters the Administrator considers
appropriate.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to
Congress a report containing the findings under the study and
any recommendations for legislative action concerning driver
commuting.
SEC. 32606. HOUSEHOLD GOODS CONSUMER PROTECTION WORKING
GROUP.
(a) Working Group.--The Secretary shall establish a working
group for the purpose of developing recommendations on how to
best convey to inexperienced consumers the information such
consumers need to know with respect to the Federal laws
concerning the interstate transportation of household goods
by motor carrier.
(b) Membership.--The Secretary shall ensure that the
working group is comprised of individuals with expertise in
consumer affairs, educators with expertise in how people
learn most effectively, and representatives of the household
goods moving industry.
(c) Recommendations.--
(1) Contents.--The recommendations developed by the working
group shall include, at a minimum, recommendations on--
(A) condensing publication ESA 03005 of the Federal Motor
Carrier Safety Administration into a format that is more
easily used by consumers;
(B) using state-of-the-art education techniques and
technologies, including optimizing the use of the Internet as
an educational tool; and
(C) reducing and simplifying the paperwork required of
motor carriers and shippers in interstate transportation.
(2) Deadline.--Not later than one year after the date of
enactment of this Act, the working group shall make the
recommendations described in paragraph (1) which the
Secretary shall publish on a public website.
(d) Report.--Not later than 1 year after the date on which
the working group makes its recommendations, the Secretary
shall issue a report to Congress on the implementation of
such recommendations.
(e) Federal Advisory Committee Act Exemption.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
working group established under this section.
(f) Termination.--The working group shall terminate 2 years
after the date of enactment of this Act.
SEC. 32607. INTERSTATE VAN OPERATIONS.
Section 4136 of SAFETEA-LU (Public Law 109-59; 119 Stat.
1745; 49 U.S.C. 3116 note) is amended by inserting ``with the
exception of commuter vanpool operations, which shall remain
exempt'' before the period at the end.
SEC. 32608. REPORT ON DESIGN AND IMPLEMENTATION OF WIRELESS
ROADSIDE INSPECTION SYSTEMS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report regarding the
design, development, testing, and implementation of wireless
roadside inspection systems.
(b) Elements.--The report required under subsection (a)
shall include a determination as to whether wireless roadside
inspection systems--
(1) conflict with existing non-Federal electronic screening
systems, or create capabilities already available;
(2) require additional statutory authority to incorporate
generated inspection data into the safety measurement system
or the safety fitness determinations program; and
(3) provide appropriate restrictions to specifically
address privacy concerns of affected motor carriers and
operators.
SEC. 32609. MOTORCOACH HOURS OF SERVICE STUDY.
(a) Requirement Before Implementing New Rules.--
(1) In general.--The Secretary may not amend, adjust, or
revise the driver hours of service regulations for motor
carriers of passengers, by rulemaking or any other means,
until the Secretary conducts a formal study that properly
accounts for operational differences and variances in crash
data for drivers in intercity motorcoach service and
interstate property carrier operations and between segments
of the intercity motorcoach industry.
(2) Contents.--The study required under paragraph (1) shall
include--
(A) the impact of the current hours of service regulations
for motor carriers of passengers on fostering safe operation
of intercity motorcoaches;
(B) the separation of the failures of the current passenger
carrier hours-of-service regulations and the lack of
enforcement of the current regulations by Federal and State
agencies;
(C) the correlation of noncompliance with current passenger
carrier hours of service rule to passenger carrier accidents
using data from 2000 through 2013; and
(D) how passenger carrier crashes could have been mitigated
by any changes to passenger carrier hours of service rules.
(b) Emergency Regulations.--Nothing in this section may be
construed to affect the
[[Page S5619]]
Secretary's existing authority to provide relief from the
hours of service regulations in the event of an emergency
under section 390.232 of title 49, Code of Federal
Regulations.
SEC. 32610. GAO REVIEW OF SCHOOL BUS SAFETY.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall
submit, to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives, a review of the following:
(1) Existing Federal and State rules and guidance, as of
the date of the review, concerning school bus transportation
of elementary school and secondary school students engaging
in home-to-school transport or other transport determined by
the Comptroller General to be a routine part of kindergarten
through grade 12 education, including regulations and
guidance regarding driver training programs, capacity
requirements, programs for special needs students, inspection
standards, vehicle age requirements, best practices, and
public access to inspection results and crash records.
(2) Any correlation between public or private school bus
fleet operators whose vehicles are involved in an accident as
defined by section 390.5 of title 49, Code of Federal
Regulations, and each of the following:
(A) A failure by those same operators of State or local
safety inspections.
(B) The average age or odometer readings of the school
buses in the fleets of such operators.
(C) Violations of Federal laws administered by the
Department of Transportation, or of State law equivalents of
such laws.
(D) Violations of State or local law relating to illegal
passing of a school bus.
(3) A regulatory framework comparison of public and private
school bus operations.
(4) Expert recommendations on best practices for safe and
reliable school bus transportation, including driver training
programs, inspection standards, school bus age and odometer
reading maximums for retirement, the percentage of buses in a
local bus fleet needed as spare buses, and capacity levels
per school bus for different age groups.
SEC. 32611. USE OF HAIR TESTING FOR PREEMPLOYMENT AND RANDOM
CONTROLLED SUBSTANCES TESTS.
(a) Short Title.--This section may be cited as the ``Drug
Free Commercial Driver Act of 2015''.
(b) Authorization of Hair Testing as an Acceptable
Procedure for Preemployment and Random Controlled Substance
Tests.--Section 31306 is amended--
(1) in subsection (b)(1)--
(A) by redesignating subparagraph (B) as subparagraph (C);
and
(B) in subparagraph (A), by striking ``The regulations
shall permit such motor carriers to conduct preemployment
testing of such employees for the use of alcohol.'' and
inserting the following:
``(B) The regulations prescribed under subparagraph (A)
shall permit motor carriers--
``(i) to conduct preemployment testing of commercial motor
vehicle operators for the use of alcohol; and
``(ii) to use hair testing as an acceptable alternative to
urinalysis--
``(I) in conducting preemployment screening for the use of
a controlled substance; and
``(II) in conducting random screening for the use of a
controlled substance by individuals who were subject to
preemployment screening.''; and
(2) in subsection (c)(2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following:
``(D) laboratory protocols and cut-off levels for hair
testing to detect the use of a controlled substance;''.
(c) Exemption From Mandatory Urinalysis.--
(1) In general.--Any motor carrier that demonstrates, to
the satisfaction of the Administrator of the Federal Motor
Carrier Safety Administration, in consultation with the
Department of Health and Human Services, that it can carry
out an applicable hair testing program, consistent with
generally accepted industry standards, to detect the use of a
controlled substance by commercial motor vehicle operators,
may apply to the Administrator for an exemption from the
mandatory urinalysis testing requirements set forth in
subpart C of part 382 of title 49, Code of Federal
Regulations until a final rule is issued implementing the
amendments made by subsection (b).
(2) Evaluation of applications.--
(A) In general.--In evaluating applications for an
exemption under paragraph (1), the Administrator, in
consultation with the Department of Health and Human
Services, shall determine if the applicant's testing program
employs procedures and protections similar to fleets that
have carried out hair testing programs for at least 1 year.
(B) Requirements.--A testing program may not receive an
exemption under paragraph (1) unless the applicable testing
laboratories--
(i) have obtained laboratory accreditation specific to hair
testing from an accrediting body, compliant with
international or other Federal standards, as appropriate,
such as the College of American Pathologists; and
(ii) utilize hair testing assays that have been cleared by
the Food and Drug Administration under section 510(k) of the
Federal Food, Drug and Cosmetic Act (21 U.S.C. 360(k)).
(3) Deadline for decisions.--Not later than 90 days after
receiving an application from a motor carrier under this
subsection, the Administrator, in consultation with the
Secretary of Health and Human Services, shall determine
whether the motor carrier is exempt from the testing
requirements described in paragraph (1).
(4) Reporting requirement.--Any motor carrier that is
granted an exemption under paragraph (1) shall submit records
to the national clearinghouse established under section
31306a of title 49, United States Code, relating to all
positive test results and test refusals from the hair testing
program described in that paragraph.
(d) Guidelines for Hair Testing.--Not later than 1 year
after the date of the enactment of this Act, the Secretary of
Health and Human Services shall issue scientific and
technical guidelines for hair testing as a method of
detecting the use of a controlled substance for purposes of
section 31306 of title 49, United States Code, as amended by
subsection (b). When issuing the scientific and technical
guidelines, the Secretary of Health and Human Services may
consider differentiating between exposure to, and usage of,
various controlled substances.
(e) Annual Report to Congress.--The Secretary shall submit
an annual report to Congress that--
(1) summarizes the results of preemployment and random drug
testing using both hair testing and urinalysis;
(2) evaluates the efficacy of each method; and
(3) determines which method provides the most accurate
means of detecting the use of controlled substances over
time.
TITLE XXXIII--HAZARDOUS MATERIALS
SEC. 33101. ENDORSEMENTS.
(a) Exclusions.--Section 5117(d)(1) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) a service vehicle (as defined in section 33101 of the
Comprehensive Transportation and Consumer Protection Act of
2015) carrying diesel fuel in quantities of 3,785 liters
(1,000 gallons) or less that is--
``(i) driven by a class A commercial driver's license
holder who is a custom harvester, an agricultural retailer,
an agricultural business employee, an agricultural
cooperative employee, or an agricultural producer; and
``(ii) clearly marked with a placard reading `Diesel
Fuel'.''.
(b) Hazardous Materials Endorsement Exemption.--The
Secretary shall exempt all class A commercial driver's
license holders who are custom harvesters, agricultural
retailers, agricultural business employees, agricultural
cooperative employees, or agricultural producers from the
requirement to obtain a hazardous materials endorsement under
part 383 of title 49, Code of Federal Regulations, while
operating a service vehicle carrying diesel fuel in
quantities of 3,785 liters (1,000 gallons) or less if the
tank containing such fuel is clearly marked with a placard
reading ``Diesel Fuel''.
(c) Definition of Service Vehicle.--In this section, the
term ``service vehicle'' means a vehicle carrying diesel fuel
that will be deductible as a profit-seeking activity--
(1) under section 162 of the Internal Revenue Code of 1986
as a business expense; or
(2) under section 212 of the Internal Revenue Code of 1986
as a production of income expense.
SEC. 33102. ENHANCED REPORTING.
Section 5121(h) is amended by striking ``transmit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate'' and inserting ``post on
the Department of Transportation public website''.
SEC. 33103. HAZARDOUS MATERIAL INFORMATION.
(a) Derailment Data.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall revise the form
for reporting a rail equipment accident or incident under
section 225.21 of title 49, Code of Federal Regulations (Form
FRA F 6180.54, Rail Equipment Accident/Incident Report),
including to its instructions, to require additional data
concerning rail cars carrying crude oil or ethanol that are
involved in a reportable rail equipment accident or incident
under part 225 of that title.
(2) Contents.--The data under subsection (a) shall
include--
(A) the number of rail cars carrying crude oil or ethanol;
(B) the number of rail cars carrying crude oil or ethanol
damaged or derailed; and
(C) the number of rail cars releasing crude oil or ethanol.
(3) Differentiation.--The data described in paragraph (2)
shall be reported separately for crude oil and for ethanol.
(b) Database Connectivity.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall implement
information management practices to ensure that the Pipeline
and Hazardous Materials Safety Administration Hazardous
Materials Incident Reports Database (referred to in this
section as
[[Page S5620]]
``Incident Reports Database'') and the Federal Railroad
Administration Railroad Safety Information System contain
accurate and consistent data on a reportable rail equipment
accident or incident under part 225 of title 49, Code of
Federal Regulations, involving the release of hazardous
materials.
(2) Identifiers.--The Secretary shall ensure that the
Incident Reports Database uses a searchable Federal Railroad
Administration report number, or other applicable unique
identifier that is linked to the Federal Railroad Safety
Information System, for each reportable rail equipment
accident or incident under part 225 of title 49, Code of
Federal Regulations, involving the release of hazardous
materials.
(c) Evaluation.--
(1) In general.--The Department of Transportation Inspector
General shall--
(A) evaluate the accuracy of information in the Incident
Reports Database, including determining whether any
inaccuracies exist in--
(i) the type of hazardous materials released;
(ii) the quantity of hazardous materials released;
(iii) the location of hazardous materials released;
(iv) the damages or effects of hazardous materials
released; and
(v) any other data contained in the database; and
(B) considering the requirements in subsection (b),
evaluate the consistency and accuracy of data involving
accidents or incidents reportable to both the Pipeline and
Hazardous Materials Safety Administration and the Federal
Railroad Administration, including whether the Incident
Reports Database uses a searchable identifier described in
subsection (b)(2).
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Department of Transportation
Inspector General shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report of the findings under subparagraphs
(A) and (B) of paragraph (1) and recommendations for
resolving any inconsistencies or inaccuracies.
(d) Savings Clause.--Nothing in this section may be
construed to prohibit the Secretary from requiring other
commodity-specific information for any reportable rail
equipment accident or incident under part 225 of title 49,
Code of Federal Regulations.
SEC. 33104. NATIONAL EMERGENCY AND DISASTER RESPONSE.
(a) Purpose.--Section 5101 is amended by inserting and
``and to facilitate the safe movement of hazardous materials
during national emergencies'' after ``commerce''.
(b) General Regulatory Authority.--Section 5103 is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Federally Declared Disaster and Emergency Areas.--The
Secretary, in consultation with the Secretary of Homeland
Security, may prescribe standards to facilitate the safe
movement of hazardous materials into, from, and within a
federally declared disaster area or a national emergency
area.''.
SEC. 33105. AUTHORIZATION OF APPROPRIATIONS.
Section 5128 is amended to read as follows:
``Sec. 5128. Authorization of appropriations
``(a) In General.--There are authorized to be appropriated
to the Secretary to carry out this chapter (except sections
5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)--
``(1) $43,660,000 for fiscal year 2016;
``(2) $44,577,000 for fiscal year 2017;
``(3) $45,513,000 for fiscal year 2018;
``(4) $46,469,000 for fiscal year 2019;
``(5) $47,445,000 for fiscal year 2020; and
``(6) $48,441,000 for fiscal year 2021.
``(b) Hazardous Materials Emergency Preparedness Fund.--
From the Hazardous Materials Emergency Preparedness Fund
established under section 5116(i), the Secretary may expend,
during each of fiscal years 2016 through 2021--
``(1) $188,000 to carry out section 5115;
``(2) $21,800,000 to carry out subsections (a) and (b) of
section 5116, of which not less than $13,650,000 shall be
available to carry out section 5116(b);
``(3) $150,000 to carry out section 5116(f);
``(4) $625,000 to publish and distribute the Emergency
Response Guidebook under section 5116(i)(3); and
``(5) $1,000,000 to carry out section 5116(j).
``(c) Hazardous Materials Training Grants.--From the
Hazardous Materials Emergency Preparedness Fund established
pursuant to section 5116(i), the Secretary may expend
$4,000,000 for each of the fiscal years 2016 through 2021 to
carry out section 5107(e).
``(d) Credits to Appropriations.--
``(1) Expenses.--In addition to amounts otherwise made
available to carry out this chapter, the Secretary may credit
amounts received from a State, Indian tribe, or other public
authority or private entity for expenses the Secretary incurs
in providing training to the State, authority, or entity.
``(2) Availability of amounts.--Amounts made available
under this section shall remain available until expended.''.
TITLE XXXIV--HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A--Highway Traffic Safety
PART I--HIGHWAY SAFETY
SEC. 34101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) Highway safety programs.--For carrying out section 402
of title 23, United States Code--
(A) $243,526,500 for fiscal year 2016;
(B) $252,267,972 for fiscal year 2017;
(C) $261,229,288 for fiscal year 2018;
(D) $270,415,429 for fiscal year 2019;
(E) $279,831,482 for fiscal year 2020; and
(F) $289,482,646 for fiscal year 2021.
(2) Highway safety research and development.--For carrying
out section 403 of title 23, United States Code--
(A) $137,835,000 for fiscal year 2016;
(B) $140,729,535 for fiscal year 2017;
(C) $143,684,855 for fiscal year 2018;
(D) $146,702,237 for fiscal year 2019;
(E) $149,782,984 for fiscal year 2020; and
(F) $152,928,427 for fiscal year 2021.
(3) National priority safety programs.--For carrying out
section 405 of title 23, United States Code--
(A) $274,720,000 for fiscal year 2016;
(B) $277,467,200 for fiscal year 2017;
(C) $280,241,872 for fiscal year 2018;
(D) $283,044,291 for fiscal year 2019;
(E) $285,874,734 for fiscal year 2020; and
(F) $288,733,481 for fiscal year 2021.
(4) National driver register.--For the National Highway
Traffic Safety Administration to carry out chapter 303 of
title 49, United States Code--
(A) $5,105,000 for fiscal year 2016;
(B) $5,212,205 for fiscal year 2017;
(C) $5,321,661 for fiscal year 2018;
(D) $5,433,416 for fiscal year 2019;
(E) $5,547,518 for fiscal year 2020; and
(F) $5,664,016 for fiscal year 2021.
(5) High visibility enforcement program.--For carrying out
section 2009 of SAFETEA-LU (23 U.S.C. 402 note)--
(A) $29,290,000 for fiscal year 2016;
(B) $29,582,900 for fiscal year 2017;
(C) $29,878,729 for fiscal year 2018;
(D) $30,177,516 for fiscal year 2019;
(E) $30,479,291 for fiscal year 2020; and
(F) $30,784,084 for fiscal year 2021.
(6) Administrative expenses.--For administrative and
related operating expenses of the National Highway Traffic
Safety Administration in carrying out chapter 4 of title 23,
United States Code, and this subtitle--
(A) $25,755,000 for fiscal year 2016;
(B) $26,012,550 for fiscal year 2017;
(C) $26,272,676 for fiscal year 2018;
(D) $26,535,402 for fiscal year 2019;
(E) $26,800,756 for fiscal year 2020; and
(F) $27,068,764 for fiscal year 2021.
(b) Prohibition on Other Uses.--Except as otherwise
provided in chapter 4 of title 23, United States Code, in
this subtitle, and in the amendments made by this subtitle,
the amounts made available from the Highway Trust Fund (other
than the Mass Transit Account) for a program under such
chapter--
(1) shall only be used to carry out such program; and
(2) may not be used by States or local governments for
construction purposes.
(c) Applicability of Title 23.--Except as otherwise
provided in chapter 4 of title 23, United States Code, and in
this subtitle, amounts made available under subsection (a)
for fiscal years 2016 through 2021 shall be available for
obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code.
(d) Regulatory Authority.--Grants awarded under this
subtitle shall be in accordance with regulations issued by
the Secretary.
(e) State Matching Requirements.--If a grant awarded under
this subtitle requires a State to share in the cost, the
aggregate of all expenditures for highway safety activities
made during any fiscal year by the State and its political
subdivisions (exclusive of Federal funds) for carrying out
the grant (other than planning and administration) shall be
available for the purpose of crediting the State during such
fiscal year for the non-Federal share of the cost of any
project under this subtitle (other than planning or
administration) without regard to whether such expenditures
were actually made in connection with such project.
(f) Grant Application and Deadline.--To receive a grant
under this subtitle, a State shall submit an application, and
the Secretary shall establish a single deadline for such
applications to enable the award of grants early in the next
fiscal year.
(g) Transfers.--Section 405(a)(1)(G) of title 23, United
States Code, is amended to read as follows:
``(G) Transfers.--Notwithstanding subparagraphs (A) through
(F), the Secretary shall reallocate, before the last day of
any fiscal year, any amounts remaining available of the
amounts allocated to carry out any of the activities
described in subsections (b) through (g) to increase the
amount made available to carry out section 402, in order to
ensure, to the maximum extent possible, that all such amounts
are obligated during such fiscal year.''.
SEC. 34102. HIGHWAY SAFETY PROGRAMS.
(a) Restriction.--Section 402(g) of title 23, United States
Code, is amended to read as follows:
``(g) Restriction.--Nothing in this section may be
construed to authorize the appropriation or expenditure of
funds for highway construction, maintenance, or design (other
than design of safety features of highways to be incorporated
into guidelines).''.
[[Page S5621]]
(b) Use of Funds.--
(1) Highway safety programs.--Section 402(c)(2) of title
23, United States Code, is amended by inserting ``A State may
provide the funds apportioned under this section to a
political subdivision of a State, including Indian tribal
governments.'' after ``neighboring States.''.
(2) National priority safety programs.--Section 405(a)(1)
is amended by adding at the end the following:
``(I) Political subdivisions.--A State may provide the
funds awarded under this section to a political subdivision
of a State, including Indian tribal governments.''.
(c) Tracking Process.--Section 412 of title 23, United
States Code, is amended by adding at the end the following:
``(f) Tracking Process.--The Secretary shall develop a
process to identify and mitigate possible systemic issues
across States and regional offices by reviewing oversight
findings and recommended actions identified in triennial
State management reviews.''.
(d) Highway Safety Plans.--Section 402(k)(5)(A) of title
23, United States Code, is amended by striking ``60'' and
inserting ``30''.
(e) Maintenance of Effort.--Section 405(a)(1)(H) of title
23, United States Code, is amended to read as follows:
``(H) Maintenance of effort certification.--As part of the
grant application required in section 402(k)(3)(F), a State
receiving a grant in any fiscal year under subsection (b),
subsection (c), or subsection (d) of this section shall
provide certification that the lead State agency responsible
for programs described in any of those sections is
maintaining aggregate expenditures at or above the average
level of such expenditures in the 2 fiscal years prior to the
date of enactment of the Comprehensive Transportation and
Consumer Protection Act of 2015.''.
SEC. 34103. GRANTS FOR ALCOHOL-IGNITION INTERLOCK LAWS AND
24-7 SOBRIETY PROGRAMS.
Section 405(d) of title 23, United States Code, is
amended--
(1) in paragraph (6)--
(A) by amending the heading to read as follows:
``Additional grants.--'';
(B) in subparagraph (A), by amending the heading to read as
follows: ``Grants to states with alcohol-ignition interlock
laws.--'';
(C) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively;
(D) by inserting after subparagraph (A), the following:
``(B) Grants to states with 24-7 sobriety programs.--The
Secretary shall make a separate grant under this subsection
to each State that--
``(i) adopts and is enforcing a law that requires all
individuals convicted of driving under the influence of
alcohol or of driving while intoxicated to receive a
restriction on driving privileges; and
``(ii) provides a 24-7 sobriety program.'';
(E) in subparagraph (C), as redesignated, by inserting
``and subparagraph (B)'' after ``subparagraph (A)'';
(F) in subparagraph (D), as redesignated, by inserting
``and subparagraph (B)'' after ``subparagraph (A)'';
(G) by amending subparagraph (E), as redesignated, to read
as follows:
``(E) Funding.--
``(i) Funding for grants to states with alcohol-ignition
interlock laws.--Not more than 12 percent of the amounts made
available to carry out this subsection in a fiscal year shall
be made available by the Secretary for making grants under
subparagraph (A).
``(ii) Funding for grants to states with 24-7 sobriety
programs.--Not more than 3 percent of the amounts made
available to carry out this subsection in a fiscal year shall
be made available by the Secretary for making grants under
subparagraph (B).''; and
(H) by adding at the end the following:
``(F) Exceptions.--A State alcohol-ignition interlock law
under subparagraph (A) may include exceptions for the
following circumstances:
``(i) The individual is required to operate an employer's
motor vehicle in the course and scope of employment and the
business entity that owns the vehicle is not owned or
controlled by the individual.
``(ii) The individual is certified by a medical doctor as
being unable to provide a deep lung breath sample for
analysis by an ignition interlock device.''; and
(2) in paragraph (7)(A)--
(A) in the matter preceding clause (i)--
(i) by striking ``or a State agency'' and inserting ``or an
agency with jurisdiction''; and
(ii) by inserting ``bond,'' before ``sentence'';
(B) in clause (i), by striking ``who plead guilty or'' and
inserting ``who was arrested, plead guilty, or''; and
(C) in clause (ii), by inserting ``at an in-person testing
location'' after ``per day''.
SEC. 34104. REPEAT OFFENDER CRITERIA.
Section 164(a) of title 23, United States Code, is
amended--
(1) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) 24-7 sobriety program.--The term `24-7 sobriety
program' has the meaning given the term in section
405(d)(7)(A).'';
(3) in paragraph (5), as redesignated--
(A) in the matter preceding subparagraph (A), by inserting
``or combination of laws or programs'' after ``State law'';
and
(B) by amending subparagraph (A) to read as follows:
``(A) receive, for a period of not less than 1 year--
``(i) a suspension of all driving privileges;
``(ii) a restriction on driving privileges that limits the
individual to operating only motor vehicles with an ignition
interlock device installed, unless a special exception
applies;
``(iii) a restriction on driving privileges that limits the
individual to operating motor vehicles only if participating
in, and complying with, a 24-7 sobriety program; or
``(iv) any combination of clauses (i) through (iii);'';
(C) by striking subparagraph (B);
(D) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively; and
(E) in subparagraph (C), as redesignated--
(i) in clause (i)--
(I) in subclause (I), by striking ``; or'' and inserting a
semicolon;
(II) in subclause (II), by striking ``; and''; and
inserting ``; or''; and
(III) by adding at the end the following:
``(III) the State certifies that the general practice is
that such an individual will be incarcerated; and''; and
(ii) in clause (ii)--
(I) in subclause (I), by striking ``; or'' and inserting a
semicolon;
(II) in subclause (II), by striking ``; and''; and
inserting ``; or''; and
(III) by adding at the end the following:
``(III) the State certifies that the general practice is
that such an individual will receive approximately 10 days of
incarceration.''; and
(4) by adding at the end--
``(6) Special exception.--The term `special exception'
means an exception under a State alcohol-ignition interlock
law for the following circumstances:
``(A) The individual is required to operate an employer's
motor vehicle in the course and scope of employment and the
business entity that owns the vehicle is not owned or
controlled by the individual.
``(B) The individual is certified by a medical doctor as
being unable to provide a deep lung breath sample for
analysis by an ignition interlock device.''.
SEC. 34105. STUDY ON THE NATIONAL ROADSIDE SURVEY OF ALCOHOL
AND DRUG USE BY DRIVERS.
Not later than 180 days after the date that the Comptroller
General reviews and reports on the overall value of the
National Roadside Survey to researchers and other public
safety stakeholders, the differences between a National
Roadside Survey site and typical law enforcement checkpoints,
and the effectiveness of the National Roadside Survey
methodology at protecting the privacy of the driving public,
as requested by the Committee on Appropriations of the Senate
on June 5, 2014 (Senate Report 113-182), the Secretary shall
report to Congress on the National Highway Traffic Safety
Administration's progress toward reviewing that report and
implementing any recommendations made in that report.
SEC. 34106. INCREASING PUBLIC AWARENESS OF THE DANGERS OF
DRUG-IMPAIRED DRIVING.
(a) Additional Actions.--The Administrator of the National
Highway Traffic Safety Administration, in consultation with
the White House Office of National Drug Control Policy, the
Secretary of Health and Human Services, State highway safety
offices, and other interested parties, as determined by the
Administrator, shall identify and carry out additional
actions that should be undertaken by the Administration to
assist States in their efforts to increase public awareness
of the dangers of drug-impaired driving, including the
dangers of driving while under the influence of heroin or
prescription opioids.
(b) Report.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall submit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that describes the additional actions
undertaken by the Administration pursuant to subsection (a).
SEC. 34107. IMPROVEMENT OF DATA COLLECTION ON CHILD OCCUPANTS
IN VEHICLE CRASHES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall revise the crash
investigation data collection system of the National Highway
Traffic Safety Administration to include the collection of
the following data in connection with vehicle crashes
whenever a child restraint system was in use in a vehicle
involved in a crash:
(1) The type or types of child restraint systems in use
during the crash in any vehicle involved in the crash,
including whether a five-point harness or belt-positioning
booster.
(2) If a five-point harness child restraint system was in
use during the crash, whether the child restraint system was
forward-facing or rear-facing in the vehicle concerned.
(b) Consultation.--In implementing subsection (a), the
Secretary shall work with law enforcement officials, safety
advocates, the medical community, and research organizations
to improve the recordation of data described in subsection
(a) in police and other applicable incident reports.
[[Page S5622]]
(c) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report on child occupant crash data
collection in the crash investigation data collection system
of the National Highway Traffic Safety Administration
pursuant to the revision required by subsection (a).
PART II--STOP MOTORCYCLE CHECKPOINT FUNDING ACT
SEC. 34121. SHORT TITLE.
This part may be cited as the ``Stop Motorcycle Checkpoint
Funding Act''.
SEC. 34122. GRANT RESTRICTION.
Notwithstanding section 153 of title 23, United States
Code, the Secretary may not provide a grant or any funds to a
State, county, town, township, Indian tribe, municipality, or
other local government that may be used for any program--
(1) to check helmet usage; or
(2) to create checkpoints that specifically target
motorcycle operators or motorcycle passengers.
PART III--IMPROVING DRIVER SAFETY ACT OF 2015
SEC. 34131. SHORT TITLE.
This part may be cited as the ``Improving Driver Safety Act
of 2015''.
SEC. 34132. DISTRACTED DRIVING INCENTIVE GRANTS.
Section 405(e) of title 23, United States Code, is
amended--
(1) in paragraph (1), by inserting ``includes distracted
driving issues as part of the State's driver's license
examination and'' after ``any State that'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) by amending subparagraph (C) to read as follows:
``(C) establishes a minimum fine for a violation of the
statute; and''; and
(C) by adding at the end the following:
``(D) does not provide for an exception that specifically
allows a driver to use a personal wireless communications
device for texting while stopped in traffic.'';
(3) in paragraph (3)--
(A) by amending subparagraph (A) to read as follows:
``(A) prohibits the use of a personal wireless
communications device while driving for drivers--
``(i) younger than 18 years of age; or
``(ii) in the learner's permit and intermediate license
stages;''; and
(B) by striking subparagraphs (C) and (D) and inserting the
following:
``(C) establishes a minimum fine for a violation of the
statute; and
``(D) does not provide for an exception that specifically
allows a driver to text through a personal wireless
communications device while stopped in traffic.''; and
(4) in paragraph (4)--
(A) in subparagraph (B)(ii), by striking ``and'' at the
end;
(B) in subparagraph (C)--
(i) by striking ``section 31152'' and inserting ``section
31136''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(D) any additional exceptions determined by the Secretary
through the rulemaking process.'';
(5) by amending paragraph (6) to read as follows:
``(6) Additional distracted driving grants.--
``(A) In general.--Notwithstanding paragraph (1), the
Secretary shall use up to 50 percent of the amounts available
for grants under this subsection to award grants to any State
that--
``(i) in fiscal year 2017--
``(I) certifies that it has enacted a basic text messaging
statute that--
``(aa) is applicable to drivers of all ages; and
``(bb) makes violation of the basic text messaging statute
a primary offense or secondary enforcement action as allowed
by State statute; and
``(II) is otherwise ineligible for a grant under this
subsection; and
``(ii) in fiscal year 2018--
``(I) meets the requirements under clause (i);
``(II) imposes fines for violations; and
``(III) has a statute that prohibits drivers who are
younger than 18 years of age from using a personal wireless
communications device while driving.
``(B) Use of grant funds.--
``(i) In general.--Notwithstanding paragraph (5) and
subject to clauses (ii) and (iii) of this subparagraph,
amounts received by a State under subparagraph (A) may be
used for activities related to the enforcement of distracted
driving laws, including for public information and awareness
purposes.
``(ii) Fiscal year 2017.--In fiscal year 2017, up to 15
percent of the amounts received by a State under subparagraph
(A) may be used for any eligible project or activity under
section 402.
``(iii) Fiscal year 2018.--In fiscal year 2018, up to 25
percent of the amounts received by a State under subparagraph
(A) may be used for any eligible project or activity under
section 402.''; and
(6) in paragraph (9)(A)(i), by striking ``, including
operation while temporarily stationary because of traffic, a
traffic light or stop sign, or otherwise''.
SEC. 34133. BARRIERS TO DATA COLLECTION REPORT.
Not later than 180 days after the date of the enactment of
this Act, the Administrator of the National Highway Traffic
Safety Administration shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate, the
Committee on Energy and Commerce of the House of
Representatives, and the Committee on Transportation and
Infrastructure of the House of Representatives that--
(1) identifies any legal and technical barriers to
capturing adequate data on the prevalence of the use of
wireless communications devices while driving; and
(2) provides recommendations on how to address such
barriers.
SEC. 34134. MINIMUM REQUIREMENTS FOR STATE GRADUATED DRIVER
LICENSING INCENTIVE GRANT PROGRAM.
Section 405(g)(2) of title 23, United States Code, is
amended--
(1) in subparagraph (A), by striking ``21'' and inserting
``18''; and
(2) by amending subparagraph (B) to read as follows:
``(B) Licensing process.--A State is in compliance with the
2-stage licensing process described in this subparagraph if
the State's driver's license laws include--
``(i) a learner's permit stage that--
``(I) is at least 6 months in duration;
``(II) contains a prohibition on the driver using a
personal wireless communications device (as defined in
subsection (e)) while driving except under an exception
permitted under paragraph (4) of that subsection, and makes a
violation of the prohibition a primary offense;
``(III) requires applicants to successfully pass a vision
and knowledge assessment prior to receiving a learner's
permit;
``(IV) requires that the driver be accompanied and
supervised at all times while the driver is operating a motor
vehicle by a licensed driver who is at least 21 years of age
or is a State-certified driving instructor;
``(V) has a requirement that the driver--
``(aa) complete a State-certified driver education or
training course; or
``(bb) obtain at least 50 hours of behind-the-wheel
training, with at least 10 hours at night, with a licensed
driver;
``(VI) remains in effect until the driver--
``(aa) reaches 16 years of age and enters the intermediate
stage; or
``(bb) reaches 18 years of age;
``(ii) an intermediate stage that--
``(I) commences immediately after the expiration of the
learner's permit stage and successful completion of a driving
skills assessment;
``(II) is at least 6 months in duration;
``(III) prohibits the driver from using a personal wireless
communications device (as defined in subsection (e)) while
driving except under an exception permitted under paragraph
(4) of that subsection, and makes a violation of the
prohibition a primary offense;
``(IV) for the first 6 month of the intermediate stage,
restricts driving at night between the hours of 10:00 p.m.
and 5:00 a.m. when not supervised by a licensed driver 21
years of age or older, excluding transportation to work,
school, religious activities, or emergencies;
``(V) prohibits the driver from operating a motor vehicle
with more than 1 nonfamilial passenger younger than 21 years
of age unless a licensed driver who is at least 21 years of
age is in the motor vehicle; and
``(VI) remains in effect until the driver reaches 17 years
of age; and
``(iii) a learner's permit and intermediate stage that
require, in addition to any other penalties imposed by State
law, the granting of an unrestricted driver's license be
automatically delayed for any individual who, during the
learner's permit or intermediate stage, is convicted of a
driving-related offense during the first 6 months,
including--
``(I) driving while intoxicated;
``(II) misrepresentation of the individual's age;
``(III) reckless driving;
``(IV) driving without wearing a seat belt;
``(V) speeding; or
``(VI) any other driving-related offense, as determined by
the Secretary.''.
PART IV--TECHNICAL AND CONFORMING AMENDMENTS
SEC. 34141. TECHNICAL CORRECTIONS TO THE MOTOR VEHICLE AND
HIGHWAY SAFETY IMPROVEMENT ACT OF 2012.
(a) Highway Safety Programs.--Section 402 of title 23,
United States Code is amended--
(1) in subsection (b)(1)(C), by striking ``except as
provided in paragraph (3),'';
(2) in subsection (b)(1)(E)--
(A) by striking ``in which a State'' and inserting ``for
which a State''; and
(B) by striking ``subsection (f)'' and inserting
``subsection (k)''; and
(3) in subsection (k)(4), by striking ``paragraph (2)(A)''
and inserting ``paragraph (3)(A)''.
(b) Highway Safety Research and Development.--Section
403(e) of title 23, United States Code is amended by
inserting ``of title 49'' after ``chapter 301''.
(c) National Priority Safety Programs.--Section 405 of
title 23, United States Code is amended--
(1) in subsection (d)(5), by striking ``section 402(c)''
and inserting ``section 402''; and
(2) in subsection (f)(4)(A)(iv), by striking ``developed
under subsection (g)''.
[[Page S5623]]
Subtitle B--Vehicle Safety
SEC. 34201. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to subsection (b), there is
authorized to be appropriated to the Secretary to carry out
chapter 301 of title 49, and part C of subtitle VI of title
49, United States Code, amounts as follows:
(1) $132,730,000 for fiscal year 2016.
(2) $135,517,330 for fiscal year 2017.
(3) $138,363,194 for fiscal year 2018.
(4) $141,268,821 for fiscal year 2019.
(5) $144,235,466 for fiscal year 2020.
(6) $147,264,411 for fiscal year 2021.
(b) Additional Authorization of Appropriations if a
Certification Is Made.--
(1) In general.--In addition to the amounts authorized to
be appropriated under subsection (a) to carry out chapter 301
of title 49, and part C of subtitle VI of title 49, United
States Code, if the certification described in paragraph (2)
is made during a fiscal year there is authorized to be
appropriated to the Secretary for that purpose for that
fiscal year and subsequent fiscal years an additional amount
as follows:
(A) $46,270,000 for fiscal year 2016.
(B) $51,537,670 for fiscal year 2017.
(C) $57,296,336 for fiscal year 2018.
(D) $62,999,728 for fiscal year 2019.
(E) $69,837,974 for fiscal year 2020.
(F) $76,656,407 for fiscal year 2021.
(2) Certification described.--The certification described
in this paragraph is a certification made by the Secretary
and submitted to Congress that the National Highway Traffic
Safety Administration has implemented all of the
recommendations in the Office of Inspector General Audit
Report issued June 18, 2015 (ST-2015-063). As part of the
certification, the Secretary shall review the actions the
National Highway Traffic Safety Administration has taken to
implement the recommendations and issue a report to Congress
detailing how the recommendations were implemented. The
Secretary shall not delegate or assign the responsibility
under this paragraph.
SEC. 34202. INSPECTOR GENERAL RECOMMENDATIONS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, and periodically thereafter until the
completion date, the Department of Transportation Inspector
General shall report to the appropriate committees of
Congress on whether and what progress has been made to
implement the recommendations in the Office of Inspector
General Audit Report issued June 18, 2015 (ST-2015-063).
(b) Implementation Progress.--The Administrator of the
National Highway Traffic Safety Administration shall--
(1) not later than 90 days after the date of enactment of
this Act, and periodically thereafter until the completion
date, provide a briefing to the appropriate committees of
Congress on the actions the Administrator has taken to
implement the recommendations in the audit report described
in subsection (a), including a plan for implementing any
remaining recommendations; and
(2) not later than 1 year after the date of enactment of
this Act, issue a final report to the appropriate committees
of Congress on the implementation of all of the
recommendations in the audit report described in subsection
(a).
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives.
(2) Completion date.--The term ``completion date'' means
the date that the National Highway Traffic Safety
Administration has implemented all of the recommendations in
the Office of Inspector General Audit Report issued June 18,
2015 (ST-2015-063).
SEC. 34203. IMPROVEMENTS IN AVAILABILITY OF RECALL
INFORMATION.
(a) Vehicle Recall Information.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall
implement current information technology, web design trends,
and best practices that will help ensure that motor vehicle
safety recall information available to the public on the
Federal website is readily accessible and easy to use,
including--
(1) by improving the organization, availability,
readability, and functionality of the website;
(2) by accommodating high-traffic volume; and
(3) by establishing best practices for scheduling routine
website maintenance.
(b) Government Accountability Office Public Awareness
Report.--
(1) In general.--The Comptroller General shall study the
current use by consumers, dealers, and manufacturers of the
safety recall information made available to the public,
including the usability and content of the Federal and
manufacturers' websites and the National Highway Traffic
Safety Administration's efforts to publicize and educate
consumers about safety recall information.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall issue a
report with the findings of the study under paragraph (1),
including recommending any actions the Secretary can take to
improve public awareness and use of the websites for safety
recall information.
(c) Promotion of Public Awareness.--Section 31301(c) of the
Moving Ahead for Progress in the 21st Century Act (49 U.S.C.
30166 note) is amended to read as follows:
``(c) Promotion of Public Awareness.--The Secretary shall
improve public awareness of safety recall information made
publicly available by periodically updating the method of
conveying that information to consumers, dealers, and
manufacturers, such as through public service
announcements.''.
(d) Consumer Guidance.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall make
available to the public on the Internet detailed guidance for
consumers submitting safety complaints, including--
(1) a detailed explanation of what information a consumer
should include in a complaint; and
(2) a detailed explanation of the possible actions the
National Highway Traffic Safety Administration can take to
address a complaint and respond to the consumer, including
information on--
(A) the consumer records, such as photographs and police
reports, that could assist with an investigation; and
(B) the length of time a consumer should retain the records
described in subparagraph (A).
(e) VIN Search.--
(1) In general.--The Secretary, in coordination with
industry, including manufacturers and dealers, shall study--
(A) the feasibility of searching multiple vehicle
identification numbers at a time to retrieve motor vehicle
safety recall information; and
(B) the feasibility of making the search mechanism
described under subparagraph (A) publicly available.
(2) Considerations.--In conducting the study under
paragraph (1), the Secretary shall consider the potential
costs, and potential risks to privacy and security in
implementing such a search mechanism.
SEC. 34204. RECALL PROCESS.
(a) Notification Improvement.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall prescribe a final
rule revising the regulations under section 577.7 of title
49, Code of Federal Regulations, to include notification by
electronic means in addition to notification by first class
mail.
(2) Definition of electronic means.--In this subsection,
the term ``electronic means'' includes electronic mail and
may include such other means of electronic notification, such
as social media or targeted online campaigns, as determined
by the Secretary.
(b) Notification by Manufacturer.--Section 30118(c) is
amended by inserting ``or electronic mail'' after ``certified
mail''.
(c) Recall Completion Rates Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and biennially thereafter for 4 years,
the Secretary shall--
(A) conduct an analysis of vehicle safety recall completion
rates to assess potential actions by the National Highway
Traffic Safety Administration to improve vehicle safety
recall completion rates; and
(B) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on the
results of the analysis.
(2) Contents.--Each report shall include--
(A) the annual recall completion rate by manufacturer,
model year, component (such as brakes, fuel systems, and air
bags), and vehicle type (passenger car, sport utility
vehicle, passenger van, and pick-up truck) for each of the 5
years before the year the report is submitted;
(B) the methods by which the Secretary has conducted
analyses of these recall completion rates to determine trends
and identify risk factors associated with lower recall rates;
and
(C) the actions the Secretary has planned to improve recall
completion rates based on the results of this data analysis.
(d) Inspector General Audit of Vehicle Recalls.--
(1) In general.--The Department of Transportation Inspector
General shall conduct an audit of the National Highway
Traffic Safety Administration's management of vehicle safety
recalls.
(2) Contents.--The audit shall include a determination of
whether the National Highway Traffic Safety Administration--
(A) appropriately monitors recalls to ensure the
appropriateness of scope and adequacy of recall completion
rates and remedies;
(B) ensures manufacturers provide safe remedies, at no cost
to consumers;
(C) is capable of coordinating recall remedies and
processes; and
(D) can improve its policy on consumer notice to combat
effects of recall fatigue.
SEC. 34205. PILOT GRANT PROGRAM FOR STATE NOTIFICATION TO
CONSUMERS OF MOTOR VEHICLE RECALL STATUS.
(a) In General.--Not later than October 1, 2016, the
Secretary shall implement a 2-year pilot program to evaluate
the feasibility and effectiveness of a State process for
informing consumers of open motor vehicle recalls at the time
of motor vehicle registration in the State.
(b) Grants.--To carry out this program, the Secretary may
make a grant to each eligible State, but not more than 6
eligible States in total, that agrees to comply with the
requirements under subsection (c). Funds made available to a
State under this section shall be used by the State for the
pilot program described in subsection (a).
(c) Eligibility.--To be eligible for a grant, a State
shall--
[[Page S5624]]
(1) submit an application in such form and manner as the
Secretary prescribes;
(2) agree to notify, at the time of registration, each
owner or lessee of a motor vehicle presented for registration
in the State of any open recall on that vehicle;
(3) provide the open motor vehicle recall information at no
cost to each owner or lessee of a motor vehicle presented for
registration in the State; and
(4) provide such other information as the Secretary may
require.
(d) Awards.--In selecting an applicant for an award under
this section, the Secretary shall consider the State's
methodology for determining open recalls on a motor vehicle,
for informing consumers of the open recalls, and for
determining performance.
(e) Performance Period.--Each grant awarded under this
section shall require a 2-year performance period.
(f) Report.--Not later than 90 days after the completion of
the performance period under subsection (e), a grantee shall
provide to the Secretary a report of performance containing
such information as the Secretary considers necessary to
evaluate the extent to which open recalls have been remedied.
(g) Evaluation.--Not later than 180 days after the
completion of the pilot program, the Secretary shall evaluate
the extent to which open recalls identified have been
remedied.
(h) Definitions.--In this section:
(1) Consumer.--The term ``consumer'' includes owner and
lessee.
(2) Motor vehicle.--The term ``motor vehicle'' has the
meaning given the term under section 30102(a) of title 49,
United States Code.
(3) Open recall.--The term ``open recall'' means a recall
for which a notification by a manufacturer has been provided
under section 30119 of title 49, United States Code, and that
has not been remedied under section 30120 of that title.
(4) Registration.--The term ``registration'' means the
process for registering motor vehicles in the State.
(5) State.--The term ``State'' has the meaning given the
term under section 101(a) of title 23, United States Code.
SEC. 34206. RECALL OBLIGATIONS UNDER BANKRUPTCY.
Section 30120A is amended by striking ``chapter 11 of title
11,'' and inserting ``chapter 7 or chapter 11 of title 11''.
SEC. 34207. DEALER REQUIREMENT TO CHECK FOR OPEN RECALL.
Section 30120(f) is amended--
(1) by inserting ``(1) In general.--'' before ``A
manufacturer'' and indenting appropriately;
(2) in paragraph (1), as redesignated, by striking the
period at the end and inserting the following: ``if--
``(A) at the time of providing service for each of the
manufacturer's motor vehicles it services, the dealer
notifies the owner or the individual requesting the service
of any open recall; and
``(B) the notification requirement under subparagraph (A)
is specified in a franchise, operating, or other agreement
between the dealer and the manufacturer.''; and
(3) by adding at the end the following:
``(2) Definition of open recall.--In this subsection, the
term `open recall' means a recall for which a notification by
a manufacturer has been provided under section 30119 and that
has not been remedied under this section.''.
SEC. 34208. EXTENSION OF TIME PERIOD FOR REMEDY OF TIRE
DEFECTS.
Section 30120(b) of title 49, United States Code, is
amended--
(1) in paragraph (1), by striking ``60 days'' and inserting
``180 days''; and
(2) in paragraph (2), by striking ``60-day'' each place it
appears and inserting ``180-day''.
SEC. 34209. RENTAL CAR SAFETY.
(a) Short Title.--This section may be cited as the
``Raechel and Jacqueline Houck Safe Rental Car Act of 2015''.
(b) Definitions.--Section 30102(a) is amended--
(1) by redesignating paragraphs (10) and (11) as paragraphs
(12) and (13), respectively;
(2) by redesignating paragraphs (1) through (9) as
paragraphs (2) through (10), respectively;
(3) by inserting before paragraph (2), as redesignated, the
following:
``(1) `covered rental vehicle' means a motor vehicle that--
``(A) has a gross vehicle weight rating of 10,000 pounds or
less;
``(B) is rented without a driver for an initial term of
less than 4 months; and
``(C) is part of a motor vehicle fleet of 5 or more motor
vehicles that are used for rental purposes by a rental
company.''; and
(4) by inserting after paragraph (10), as redesignated, the
following:
``(11) `rental company' means a person who--
``(A) is engaged in the business of renting covered rental
vehicles; and
``(B) uses for rental purposes a motor vehicle fleet of 5
or more covered rental vehicles.''.
(c) Remedies for Defects and Noncompliance.--Section
30120(i) is amended--
(1) in the subsection heading, by adding ``, or Rental'' at
the end;
(2) in paragraph (1)--
(A) by striking ``(1) If notification'' and inserting the
following:
``(1) In general.--If notification'';
(B) by indenting subparagraphs (A) and (B) four ems from
the left margin;
(C) by inserting ``or the manufacturer has provided to a
rental company notification about a covered rental vehicle in
the company's possession at the time of notification'' after
``time of notification'';
(D) by striking ``the dealer may sell or lease,'' and
inserting ``the dealer or rental company may sell, lease, or
rent''; and
(E) in subparagraph (A), by striking ``sale or lease'' and
inserting ``sale, lease, or rental agreement'';
(3) by amending paragraph (2) to read as follows:
``(2) Rule of construction.--Nothing in this subsection may
be construed to prohibit a dealer or rental company from
offering the vehicle or equipment for sale, lease, or
rent.''; and
(4) by adding at the end the following:
``(3) Specific rules for rental companies.--
``(A) In general.--Except as otherwise provided under this
paragraph, a rental company shall comply with the limitations
on sale, lease, or rental set forth in subparagraph (C) and
paragraph (1) as soon as practicable, but not later than 24
hours after the earliest receipt of the notice to owner under
subsection (b) or (c) of section 30118 (including the vehicle
identification number for the covered vehicle) by the rental
company, whether by electronic means or first class mail.
``(B) Special rule for large vehicle fleets.--
Notwithstanding subparagraph (A), if a rental company
receives a notice to owner covering more than 5,000 motor
vehicles in its fleet, the rental company shall comply with
the limitations on sale, lease, or rental set forth in
subparagraph (C) and paragraph (1) as soon as practicable,
but not later than 48 hours after the earliest receipt of the
notice to owner under subsection (b) or (c) of section 30118
(including the vehicle identification number for the covered
vehicle) by the rental company, whether by electronic means
or first class mail.
``(C) Special rule for when remedies not immediately
available.--If a notification required under subsection (b)
or (c) of section 30118 indicates that the remedy for the
defect or noncompliance is not immediately available and
specifies actions to temporarily alter the vehicle that
eliminate the safety risk posed by the defect or
noncompliance, the rental company, after causing the
specified actions to be performed, may rent (but may not sell
or lease) the motor vehicle. Once the remedy for the rental
vehicle becomes available to the rental company, the rental
company may not rent the vehicle until the vehicle has been
remedied, as provided in subsection (a).
``(D) Inapplicability to junk automobiles.--Notwithstanding
paragraph (1), this subsection does not prohibit a rental
company from selling a covered rental vehicle if such
vehicle--
``(i) meets the definition of a junk automobile under
section 201 of the Anti-Car Theft Act of 1992 (49 U.S.C.
30501);
``(ii) is retitled as a junk automobile pursuant to
applicable State law; and
``(iii) is reported to the National Motor Vehicle
Information System, if required under section 204 of such Act
(49 U.S.C. 30504).''.
(d) Making Safety Devices and Elements Inoperative.--
Section 30122(b) is amended by inserting ``rental company,''
after ``dealer,'' each place such term appears.
(e) Inspections, Investigations, and Records.--Section
30166 is amended--
(1) in subsection (c)(2), by striking ``or dealer'' each
place such term appears and inserting ``dealer, or rental
company'';
(2) in subsection (e), by striking ``or dealer'' each place
such term appears and inserting ``dealer, or rental
company''; and
(3) in subsection (f), by striking ``or to owners'' and
inserting ``, rental companies, or other owners''.
(f) Research Authority.--The Secretary of Transportation
may conduct a study of--
(1) the effectiveness of the amendments made by this
section; and
(2) other activities of rental companies (as defined in
section 30102(a)(11) of title 49, United States Code) related
to their use and disposition of motor vehicles that are the
subject of a notification required under section 30118 of
title 49, United States Code.
(g) Study.--
(1) Additional requirement.--Section 32206(b)(2) of the
Moving Ahead for Progress in the 21st Century Act (Public Law
112-141; 126 Stat. 785) is amended--
(A) in subparagraph (E), by striking ``and'' at the end;
(B) by redesignating subparagraph (F) as subparagraph (G);
and
(C) by inserting after subparagraph (E) the following:
``(F) evaluate the completion of safety recall remedies on
rental trucks; and''.
(2) Report.--Section 32206(c) of such Act is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by striking ``Report.--Not later'' and inserting the
following:
``(c) Reports.--
``(1) Initial report.--Not later'';
(C) in paragraph (1), by striking ``subsection (b)'' and
inserting ``subparagraphs (A) through (E) and (G) of
subsection (b)(2)''; and
(D) by adding at the end the following:
[[Page S5625]]
``(2) Safety recall remedy report.--Not later than 1 year
after the date of the enactment of the `Raechel and
Jacqueline Houck Safe Rental Car Act of 2015', the Secretary
shall submit a report to the congressional committees set
forth in paragraph (1) that contains--
``(A) the findings of the study conducted pursuant to
subsection (b)(2)(F); and
``(B) any recommendations for legislation that the
Secretary determines to be appropriate.''.
(h) Public Comments.--The Secretary shall solicit comments
regarding the implementation of this section from members of
the public, including rental companies, consumer
organizations, automobile manufacturers, and automobile
dealers.
(i) Rule of Construction.--Nothing in this section or the
amendments made by this section--
(1) may be construed to create or increase any liability,
including for loss of use, for a manufacturer as a result of
having manufactured or imported a motor vehicle subject to a
notification of defect or noncompliance under subsection (b)
or (c) of section 30118 of title 49, United States Code; or
(2) shall supersede or otherwise affect the contractual
obligations, if any, between such a manufacturer and a rental
company (as defined in section 30102(a) of title 49, United
States Code).
(j) Rulemaking.--The Secretary may promulgate rules, as
appropriate, to implement this section and the amendments
made by this section.
(k) Effective Date.--The amendments made by this section
shall take effect on the date that is 180 days after the date
of enactment of this Act.
SEC. 34210. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF
MOTOR VEHICLE SAFETY.
(a) Increase in Civil Penalties.--Section 30165(a) is
amended--
(1) in paragraph (1)--
(A) by striking ``$5,000'' and inserting ``$14,000''; and
(B) by striking ``$35,000,000'' and inserting
``$70,000,000''; and
(2) in paragraph (3)--
(A) by striking ``$5,000'' and inserting ``$14,000''; and
(B) by striking ``$35,000,000'' and inserting
``$70,000,000''.
(b) Effective Date.--The amendments made by subsection (a)
of this section take effect on the date that the Secretary
certifies to Congress that the National Highway Traffic
Safety Administration has issued the final rule required by
section 31203(b) of the Moving Ahead for Progress In the 21st
Century Act (Public Law 112-141; 126 Stat. 758; 49 U.S.C.
30165 note).
(c) Publication of Effective Date.--The Secretary shall
publish notice of the effective date under subsection (b) of
this section in the Federal Register.
SEC. 34211. ELECTRONIC ODOMETER DISCLOSURES.
Section 32705(g) is amended--
(1) by inserting ``(1)'' before ``Not later than'' and
indenting appropriately; and
(2) by adding at the end the following:
``(2) Notwithstanding paragraph (1) and subject to
paragraph (3), a State, without approval from the Secretary
under subsection (d), may allow for written disclosures or
notices and related matters to be provided electronically
if--
``(A) in compliance with--
``(i) the requirements of subchapter 1 of chapter 96 of
title 15; or
``(ii) the requirements of a State law under section
7002(a) of title 15; and
``(B) the disclosures or notices otherwise meet the
requirements under this section, including appropriate
authentication and security measures.
``(3) Paragraph (2) ceases to be effective on the date the
regulations under paragraph (1) become effective.''.
SEC. 34212. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS.
Section 30166(o) is amended--
(1) in paragraph (1), by striking ``may'' and inserting
``shall''; and
(2) by adding at the end the following:
``(3) Deadline.--Not later than 1 year after the date of
enactment of the Comprehensive Transportation and Consumer
Protection Act of 2015, the Secretary shall issue a final
rule under paragraph (1).''.
SEC. 34213. DIRECT VEHICLE NOTIFICATION OF RECALLS.
(a) Recall Notification Report.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
issue a report on the feasibility of a technical system that
would operate in each new motor vehicle to indicate when the
vehicle is subject to an open recall.
(b) Definition of Open Recall.--In this section the term
``open recall'' means a recall for which a notification by a
manufacturer has been provided under section 30119 of title
49, United States Code, and that has not been remedied under
section 30120 of that title.
SEC. 34214. UNATTENDED CHILDREN WARNING.
Section 31504(a) of the Moving Ahead for Progress in the
21st Century Act (49 U.S.C. 30111 note) is amended by
striking ``may'' and inserting ``shall''.
SEC. 34215. TIRE PRESSURE MONITORING SYSTEM.
(a) Proposed Rule.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall publish a proposed
rule that updates the standards pertaining to tire pressure
monitoring systems to ensure that a tire pressure monitoring
system cannot be overridden, reset, or recalibrated to an
unsafe pressure level.
(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 under subsection (a), the Secretary shall
issue a final rule on the subject described in subsection
(a).
Subtitle C--Research and Development and Vehicle Electronics
SEC. 34301. REPORT ON OPERATIONS OF THE COUNCIL FOR VEHICLE
ELECTRONICS, VEHICLE SOFTWARE, AND EMERGING
TECHNOLOGIES.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a
report regarding the operations of the Council for Vehicle
Electronics, Vehicle Software, and Emerging Technologies
established under section 31401 of the Moving Ahead for
Progress in the 21st Century Act (49 U.S.C. 105 note). The
report shall include information about the accomplishments of
the Council, the role of the Council in integrating and
aggregating electronic and emerging technologies expertise
across the National Highway Traffic Safety Administration,
the role of the Council in coordinating with other Federal
agencies, and the priorities of the Council over the next 5
years.
SEC. 34302. COOPERATION WITH FOREIGN GOVERNMENTS.
(a) Title 49 Amendment.--Section 30182(b) is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following:
``(6) in coordination with Department of State, enter into
cooperative agreements and collaborative research and
development agreements with foreign governments.''.
(b) Title 23 Amendment.--Section 403 of title 23, United
States Code, is amended--
(1) in subsection (b)(2)(C), by inserting ``foreign
government (in coordination with the Department of State)''
after ``institution,''; and
(2) in subsection (c)(1)(A), by inserting ``foreign
governments,'' after ``local governments,''.
(c) Audit.--The Department of Transportation Inspector
General shall conduct an audit of the Secretary of
Transportation's management and oversight of cooperative
agreements and collaborative research and development
agreements, including any cooperative agreements between the
Secretary of Transportation and foreign governments under
section 30182(b)(6) of title 49, United States Code, and
subsections (b)(2)(C) and (c)(1)(A) of title 23, United
States Code.
Subtitle D--Miscellaneous Provisions
PART I--DRIVER PRIVACY ACT OF 2015
SEC. 34401. SHORT TITLE.
This part may be cited as the ``Driver Privacy Act of
2015''.
SEC. 34402. LIMITATIONS ON DATA RETRIEVAL FROM VEHICLE EVENT
DATA RECORDERS.
(a) Ownership of Data.--Any data retained by an event data
recorder (as defined in section 563.5 of title 49, Code of
Federal Regulations), regardless of when the motor vehicle in
which it is installed was manufactured, is the property of
the owner, or, in the case of a leased vehicle, the lessee of
the motor vehicle in which the event data recorder is
installed.
(b) Privacy.--Data recorded or transmitted by an event data
recorder described in subsection (a) may not be accessed by a
person other than an owner or a lessee of the motor vehicle
in which the event data recorder is installed unless--
(1) a court or other judicial or administrative authority
having jurisdiction--
(A) authorizes the retrieval of the data; and
(B) to the extent that there is retrieved data, the data is
subject to the standards for admission into evidence required
by that court or other administrative authority;
(2) an owner or a lessee of the motor vehicle provides
written, electronic, or recorded audio consent to the
retrieval of the data for any purpose, including the purpose
of diagnosing, servicing, or repairing the motor vehicle, or
by agreeing to a subscription that describes how data will be
retrieved and used;
(3) the data is retrieved pursuant to an investigation or
inspection authorized under section 1131(a) or 30166 of title
49, United States Code, and the personally identifiable
information of an owner or a lessee of the vehicle and the
vehicle identification number is not disclosed in connection
with the retrieved data, except that the vehicle
identification number may be disclosed to the certifying
manufacturer;
(4) the data is retrieved for the purpose of determining
the need for, or facilitating, emergency medical response in
response to a motor vehicle crash; or
(5) the data is retrieved for traffic safety research, and
the personally identifiable information of an owner or a
lessee of the vehicle and the vehicle identification number
is not disclosed in connection with the retrieved data.
[[Page S5626]]
SEC. 34403. VEHICLE EVENT DATA RECORDER STUDY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the National
Highway Traffic Safety Administration shall submit to
Congress a report that contains the results of a study
conducted by the Administrator to determine the amount of
time event data recorders installed in passenger motor
vehicles should capture and record for retrieval vehicle-
related data in conjunction with an event in order to provide
sufficient information to investigate the cause of motor
vehicle crashes.
(b) Rulemaking.--Not later than 2 years after submitting
the report required under subsection (a), the Administrator
of the National Highway Traffic Safety Administration shall
promulgate regulations to establish the appropriate period
during which event data recorders installed in passenger
motor vehicles may capture and record for retrieval vehicle-
related data to the time necessary to provide accident
investigators with vehicle-related information pertinent to
crashes involving such motor vehicles.
PART II--SAFETY THROUGH INFORMED CONSUMERS ACT OF 2015
SEC. 34421. SHORT TITLE.
This part may be cited as the ``Safety Through Informed
Consumers Act of 2015''.
SEC. 34422. PASSENGER MOTOR VEHICLE INFORMATION.
Section 32302 is amended by inserting after subsection (b)
the following:
``(c) Crash Avoidance.--Not later than 1 year after the
date of enactment of the Safety Through Informed Consumers
Act of 2015, the Secretary shall promulgate a rule to ensure
that crash avoidance information is indicated next to
crashworthiness information on stickers placed on motor
vehicles by their manufacturers.''.
PART III--TIRE EFFICIENCY, SAFETY, AND REGISTRATION ACT OF 2015
SEC. 34431. SHORT TITLE.
This part may be cited as the ``Tire Efficiency, Safety,
and Registration Act of 2015'' or the ``TESR Act''.
SEC. 34432. TIRE FUEL EFFICIENCY MINIMUM PERFORMANCE
STANDARDS.
Section 32304A is amended--
(1) in the section heading, by inserting ``and standards''
after ``consumer tire information'';
(2) in subsection (a)--
(A) in the heading, by striking ``Rulemaking'' and
inserting ``Consumer Tire Information''; and
(B) in paragraph (1), by inserting ``(referred to in this
section as the `Secretary')'' after ``Secretary of
Transportation'';
(3) by redesignating subsections (b) through (e) as
subsections (e) though (h), respectively; and
(4) by inserting after subsection (a) the following:
``(b) Promulgation of Regulations for Tire Fuel Efficiency
Minimum Performance Standards.--
``(1) In general.--The Secretary, after consultation with
the Secretary of Energy and the Administrator of the
Environmental Protection Agency, shall promulgate regulations
for tire fuel efficiency minimum performance standards for--
``(A) passenger car tires with a maximum speed capability
equal to or less than 149 miles per hour or 240 kilometers
per hour; and
``(B) passenger car tires with a maximum speed capability
greater than 149 miles per hour or 240 kilometers per hour.
``(2) Tire fuel efficiency minimum performance standards.--
``(A) Standard basis and test procedures.--The minimum
performance standards promulgated under paragraph (1) shall
be expressed in terms of the rolling resistance coefficient
measured using the test procedure specified in section
575.106 of title 49, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
``(B) No disparate effect on high performance tires.--The
Secretary shall ensure that the minimum performance standards
promulgated under paragraph (1) will not have a
disproportionate effect on passenger car high performance
tires with a maximum speed capability greater than 149 miles
per hour or 240 kilometers per hour.
``(C) Applicability.--
``(i) In general.--This subsection applies to new pneumatic
tires for use on passenger cars.
``(ii) Exceptions.--This subsection does not apply to light
truck tires, deep tread tires, winter-type snow tires, space-
saver or temporary use spare tires, or tires with nominal rim
diameters of 12 inches or less.
``(c) Promulgation of Regulations for Tire Wet Traction
Minimum Performance Standards.--
``(1) In general.--The Secretary shall promulgate
regulations for tire wet traction minimum performance
standards to ensure that passenger tire wet traction
capability is not reduced to achieve improved tire fuel
efficiency.
``(2) Tire wet traction minimum performance standards.--
``(A) Basis of standard.--The minimum performance standards
promulgated under paragraph (1) shall be expressed in terms
of peak coefficient of friction.
``(B) Test procedures.--Any test procedure promulgated
under this subsection shall be consistent with any test
procedure promulgated under subsection (a).
``(C) Benchmarking.--The Secretary shall conduct testing to
benchmark the wet traction performance of tire models
available for sale in the United States as of the date of
enactment of this Act to ensure that the minimum performance
standards promulgated under paragraph (1) are tailored to--
``(i) tires sold in the United States; and
``(ii) the needs of consumers in the United States.
``(D) Applicability.--
``(i) In general.--This subsection applies to new pneumatic
tires for use on passenger cars.
``(ii) Exceptions.--This subsection does not apply to light
truck tires, deep tread tires, winter-type snow tires, space-
saver or temporary use spare tires, or tires with nominal rim
diameters of 12 inches or less.
``(d) Coordination Among Regulations.--
``(1) Compatibility.--The Secretary shall ensure that the
test procedures and requirements promulgated under
subsections (a), (b), and (c) are compatible and consistent.
``(2) Combined effect of rules.--The Secretary shall
evaluate the regulations promulgated under subsections (b)
and (c) to ensure that compliance with the minimum
performance standards promulgated under subsection (b) will
not diminish wet traction performance of affected tires.
``(3) Rulemaking deadlines.--The Secretary shall promulgate
--
``(A) the regulations under subsections (b) and (c) not
later than 24 months after the date of enactment of this Act;
and
``(B) the regulations under subsection (c) not later than
the date of promulgation of the regulations under subsection
(b).''.
SEC. 34433. TIRE REGISTRATION BY INDEPENDENT SELLERS.
Section 30117(b) is amended by striking paragraph (3) and
inserting the following:
``(3) Rulemaking.--
``(A) In general.--The Secretary shall initiate a
rulemaking to require a distributor or dealer of tires that
is not owned or controlled by a manufacturer of tires to
maintain records of--
``(i) the name and address of tire purchasers and lessors
and information identifying the tire that was purchased or
leased; and
``(ii) any additional records the Secretary considers
appropriate.
``(B) Electronic transmission.--The rulemaking carried out
under subparagraph (A) shall require a distributor or dealer
of tires that is not owned or controlled by a manufacturer of
tires to electronically transmit the records described in
clauses (i) and (ii) of subparagraph (A) to the manufacturer
of the tires or the designee of the manufacturer by secure
means at no cost to tire purchasers or lessors.
``(C) Satisfaction of requirements.--A regulation
promulgated under subparagraph (A) may be considered to
satisfy the requirements of paragraph (2)(B).''.
SEC. 34434. TIRE RECALL DATABASE.
(a) In General.--The Secretary shall establish a publicly
available and searchable electronic database of tire recall
information that is reported to the Administrator of the
National Highway Traffic Safety Administration.
(b) Tire Identification Number.--The database established
under subsection (a) shall be searchable by Tire
Identification Number (TIN) and any other criteria that
assists consumers in determining whether a tire is subject to
a recall.
TITLE XXXV--RAILROAD REFORM, ENHANCEMENT, AND EFFICIENCY
SEC. 35001. SHORT TITLE.
This title may be cited as the ``Railroad Reform,
Enhancement, and Efficiency Act''.
SEC. 35002. PASSENGER TRANSPORTATION; DEFINITIONS.
Section 24102 is amended--
(1) by redesignating paragraphs (5) through (9) as
paragraphs (6) through (10), respectively;
(2) by inserting after paragraph (4), the following:
``(5) `long-distance route' means a route described in
paragraph (6)(C).'';
(3) by amending paragraph (6)(A), as redesignated, to read
as follows:
``(A) the Northeast Corridor main line between Boston,
Massachusetts and the Virginia Avenue interlocking in the
District of Columbia, and the facilities and services used to
operate and maintain that line;'';
(4) in paragraph (7), as redesignated, by striking the
period at the end and inserting ``, except that the term
`Northeast Corridor' for the purposes of chapter 243 means
the main line between Boston, Massachusetts and the Virginia
Avenue interlocking in the District of Columbia, and the
facilities and services used to operate and maintain that
line.''; and
(5) by adding at the end the following:
``(11) `state-of-good-repair' means a condition in which
physical assets, both individually and as a system, are--
``(A) performing at a level at least equal to that called
for in their as-built or as-modified design specification
during any period when the life cycle cost of maintaining the
assets is lower than the cost of replacing them; and
``(B) sustained through regular maintenance and replacement
programs.
``(12) `State-supported route' means a route described in
paragraph (6)(B) or paragraph (6)(D), or in section
24702(a).''.
[[Page S5627]]
Subtitle A--Authorization of Appropriations
SEC. 35101. AUTHORIZATION OF GRANTS TO AMTRAK.
(a) In General.--There are authorized to be appropriated to
the Secretary for the use of Amtrak for deposit into the
accounts established under section 24319(a) of title 49,
United States Code, the following amounts:
(1) For fiscal year 2016, $1,450,000,000.
(2) For fiscal year 2017, $1,550,000,000.
(3) For fiscal year 2018, $1,700,000,000.
(4) For fiscal year 2019, $1,900,000,000.
(b) Project Management Oversight.--The Secretary may
withhold up to one half of 1 percent of the amount
appropriated under subsection (a) for the costs of management
oversight of Amtrak.
(c) Competition.--In administering grants to Amtrak under
section 24318 of title 49, United States Code, the Secretary
may withhold, from amounts that would otherwise be made
available to Amtrak, such sums as are necessary from the
amount appropriated under subsection (a) of this section to
cover the operating subsidy described in section
24711(b)(1)(E)(ii) of title 49, United States Code.
(d) State-Supported Route Committee.--The Secretary may
withhold up to $2,000,000 from the amount appropriated in
each fiscal year under subsection (a) of this section for the
use of the State-Supported Route Committee established under
section 24712 of title 49, United States Code.
(e) Northeast Corridor Commission.--The Secretary may
withhold up to $5,000,000 from the amount appropriated in
each fiscal year under subsection (a) of this section for the
use of the Northeast Corridor Commission established under
section 24905 of title 49, United States Code.
SEC. 35102. NATIONAL INFRASTRUCTURE AND SAFETY INVESTMENTS.
(a) In General.--There are authorized to be appropriated to
the Secretary for grants under chapter 244 of title 49,
United States Code, the following amounts:
(1) For fiscal year 2016, $350,000,000.
(2) For fiscal year 2017, $430,000,000.
(3) For fiscal year 2018, $600,000,000.
(4) For fiscal year 2019, $900,000,000.
(b) Project Management Oversight.--The Secretary may
withhold up to 1 percent from the amount appropriated under
subsection (a) of this section for the costs of project
management oversight of grants carried out under chapter 244
of title 49, United States Code.
SEC. 35103. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL
TRANSPORTATION SAFETY BOARD RAIL
INVESTIGATIONS.
(a) In General.--Notwithstanding any other provision of
law, there are authorized to be appropriated to the National
Transportation Safety Board to carry out railroad accident
investigations under section 1131(a)(1)(C) of title 49,
United States Code, the following amounts:
(1) For fiscal year 2016, $6,300,000.
(2) For fiscal year 2017, $6,400,000.
(3) For fiscal year 2018, $6,500,000.
(4) For fiscal year 2019, $6,600,000.
(b) Investigation Personnel.--Amounts appropriated under
subsection (a) of this section shall be available to the
National Transportation Safety Board for personnel, in
regional offices and in Washington, DC, whose duties involve
railroad accident investigations.
SEC. 35104. AUTHORIZATION OF APPROPRIATIONS FOR AMTRAK OFFICE
OF INSPECTOR GENERAL.
There are authorized to be appropriated to the Office of
Inspector General of Amtrak the following amounts:
(1) For fiscal year 2016, $20,000,000.
(2) For fiscal year 2017, $20,500,000.
(3) For fiscal year 2018, $21,000,000.
(4) For fiscal year 2019, $21,500,000.
SEC. 35105. NATIONAL COOPERATIVE RAIL RESEARCH PROGRAM.
(a) In General.--Section 24910 is amended--
(1) in subsection (b)--
(A) in paragraph (12), by striking ``and'';
(B) in paragraph (13), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(14) to improve the overall safety of intercity passenger
and freight rail operations.''; and
(2) by amending subsection (e) to read as follows:
``(e) Allocation.--At least $5,000,000 of the amounts
appropriated to the Secretary for a fiscal year to carry out
railroad research and development programs shall be available
to carry out this section.''.
Subtitle B--Amtrak Reform
SEC. 35201. AMTRAK GRANT PROCESS.
(a) Requirements and Procedures.--Chapter 243 is amended by
adding at the end the following:
``Sec. 24317. Costs and revenues
``(a) Allocation.--Not later than 180 days after the date
of enactment of the Railroad Reform, Enhancement, and
Efficiency Act, Amtrak shall establish and maintain internal
controls to ensure Amtrak's costs, revenues, and other
compensation are appropriately and proportionally allocated
to its Northeast Corridor train services or infrastructure,
its State-supported routes, its long-distance routes, and its
other national network activities.
``(b) Rule of Construction.--Nothing in this section shall
be construed to limit the ability of Amtrak to enter into an
agreement with 1 or more States to allocate operating and
capital costs under section 209 of the Passenger Rail
Investment and Improvement Act of 2008 (49 U.S.C. 24101
note).
``Sec. 24318. Grant process
``(a) Procedures for Grant Requests.--Not later than 90
days after the date of enactment of the Railroad Reform,
Enhancement, and Efficiency Act, the Secretary of
Transportation shall establish and transmit to the Committee
on Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives substantive
and procedural requirements, including schedules, for grant
requests under this section.
``(b) Grant Requests.--Amtrak shall transmit grant requests
for Federal funds appropriated to the Secretary of
Transportation for the use of Amtrak to--
``(1) the Secretary; and
``(2) the Committee on Commerce, Science, and
Transportation, the Committee on Appropriations, and the
Committee on the Budget of the Senate and the Committee on
Transportation and Infrastructure, the Committee on
Appropriations, and the Committee on the Budget of the House
of Representatives.
``(c) Contents.--A grant request under subsection (b)
shall--
``(1) describe projected operating and capital costs for
the upcoming fiscal year for Northeast Corridor train
services and infrastructure, Amtrak's State-supported routes,
and Amtrak's long-distance routes, and Amtrak's other
national network activities, as applicable, in comparison to
prior fiscal year actual financial performance;
``(2) describe the capital projects to be funded, with cost
estimates and an estimated timetable for completion of the
projects covered by the request;
``(3) assess Amtrak's financial condition;
``(4) be displayed on Amtrak's Web site within a reasonable
timeframe following its transmission under subsection (b);
and
``(5) describe how the funding requested in a grant will be
allocated to the accounts established under section 24319(a),
considering the projected operating losses or capital costs
for services and activities associated with such accounts
over the time period intended to be covered by the grants.
``(d) Review and Approval.--
``(1) Thirty-day approval process.--
``(A) In general.--Not later than 30 days after the date
that Amtrak submits a grant request under this section, the
Secretary of Transportation shall complete a review of the
request and provide notice to Amtrak that--
``(i) the request is approved; or
``(ii) the request is disapproved, including the reason for
the disapproval and an explanation of any incomplete or
deficient items.
``(B) Grant agreement.--If a grant request is approved, the
Secretary shall enter into a grant agreement with Amtrak that
allocates the grant funding to 1 of the 4 accounts
established under section 24319(a).
``(2) Fifteen-day modification period.--Not later than 15
days after the date of the notice under paragraph (1)(A)(ii),
Amtrak shall submit a modified request for the Secretary's
review.
``(3) Modified requests.--Not later than 15 days after the
date that Amtrak submits a modified request under paragraph
(2), the Secretary shall either approve the modified request,
or, if the Secretary finds that the request is still
incomplete or deficient, the Secretary shall identify in
writing to the Committee on Commerce, Science, and
Transportation, the Committee on Appropriations, and the
Committee on the Budget of the Senate and the Committee on
Transportation and Infrastructure, the Committee on
Appropriations, and the Committee on the Budget of the House
of Representatives the remaining deficiencies and recommend a
process for resolving the outstanding portions of the
request.
``(e) Payments to Amtrak.--
``(1) In general.--A grant agreement entered into under
subsection (d) shall specify the operations, services, and
other activities to be funded by the grant. The grant
agreement shall include provisions, consistent with the
requirements of this chapter, to measure Amtrak's performance
and ensure accountability in delivering the operations,
services, or activities to be funded by the grant.
``(2) Schedule.--Except as provided in paragraph (3), in
each fiscal year for which amounts are appropriated to the
Secretary for the use of Amtrak, and for which the Secretary
and Amtrak have entered into a grant agreement under
subsection (d), the Secretary shall disburse grant funds to
Amtrak on the following schedule:
``(A) 50 percent on October 1.
``(B) 25 percent on January 1.
``(C) 25 percent on April 1.
``(3) Exceptions.--The Secretary may make a payment to
Amtrak of appropriated funds--
``(A) more frequently than the schedule under paragraph (2)
if Amtrak, for good cause, requests more frequent payment
before the end of a payment period; or
``(B) with a different frequency or in different percentage
allocations in the event of a continuing resolution or in the
absence of an appropriations Act for the duration of a fiscal
year.
``(f) Availability of Amounts and Early Appropriations.--
Amounts appropriated to the Secretary for the use of Amtrak
shall remain available until expended. Amounts for
[[Page S5628]]
capital acquisitions and improvements may be appropriated for
a fiscal year before the fiscal year in which the amounts
will be obligated.
``(g) Limitations on Use.--Amounts appropriated to the
Secretary for the use of Amtrak may not be used to cross-
subsidize operating losses or capital costs of commuter rail
passenger or freight rail transportation.
``Sec. 24319. Accounts
``(a) Establishment of Accounts.--Beginning not later than
October 1, 2016, Amtrak, in consultation with the Secretary
of Transportation, shall define and establish--
``(1) a Northeast Corridor investment account, including
subaccounts for Amtrak train services and infrastructure;
``(2) a State-supported account;
``(3) a long-distance account; and
``(4) an other national network activities account.
``(b) Northeast Corridor Investment Account.--
``(1) Deposits.--Amtrak shall deposit in the Northeast
Corridor investment account established under subsection
(a)(1)--
``(A) a portion of the grant funds appropriated under the
authorization in section 35101(a) of the Railroad Reform,
Enhancement, and Efficiency Act, or any subsequent Act
appropriating funds for the use of Amtrak, as specified in a
grant agreement entered into under section 24318;
``(B) any compensation received from commuter rail
passenger transportation providers for such providers' share
of capital costs on the Northeast Corridor provided to Amtrak
under section 24905(c);
``(C) any operating surplus of the Northeast Corridor train
services or infrastructure, as allocated under section 24317;
and
``(D) any other net revenue received in association with
the Northeast Corridor, including freight access fees,
electric propulsion, and commercial development.
``(2) Use of northeast corridor investment account.--Except
as provided in subsection (f), amounts deposited in the
Northeast Corridor investment account shall be made available
for the use of Amtrak for its share of--
``(A) capital projects described in section
24904(a)(2)(E)(i), and developed under the planning process
established under that section, to bring Northeast Corridor
infrastructure to a state-of-good-repair;
``(B) capital projects described in clauses (ii) and (iv)
of section 24904(a)(2)(E) that are developed under the
planning process established under that section intended to
increase corridor capacity, improve service reliability, and
reduce travel time on the Northeast Corridor;
``(C) capital projects to improve safety and security;
``(D) capital projects to improve customer service and
amenities;
``(E) acquiring, rehabilitating, manufacturing,
remanufacturing, overhauling, or improving equipment and
associated facilities used for intercity rail passenger
transportation by Northeast Corridor train services;
``(F) retirement of principal and payment of interest on
loans for capital projects described in this paragraph or for
capital leases for equipment and related to the Northeast
Corridor;
``(G) participation in public-private partnerships, joint
ventures, and other mechanisms or arrangements that result in
the completion of capital projects described in this
paragraph; and
``(H) indirect, common, corporate, or other costs directly
incurred by or allocated to the Northeast Corridor.
``(c) State-Supported Account.--
``(1) Deposits.--Amtrak shall deposit in the State-
supported account established under subsection (a)(2)--
``(A) a portion of the grant funds appropriated under the
authorization in section 35101(a) of the Railroad Reform,
Enhancement, and Efficiency Act, or any subsequent Act
appropriating funds for the use of Amtrak, as specified in a
grant agreement entered into under section 24318;
``(B) any compensation received from States provided to
Amtrak under section 209 of the Passenger Rail Investment and
Improvement Act of 2008 (42 U.S.C. 24101 note); and
``(C) any operating surplus from its State-supported
routes, as allocated under section 24317.
``(2) Use of state-supported account.--Except as provided
in subsection (f), amounts deposited in the State-supported
account shall be made available for the use of Amtrak for
capital expenses and operating costs, including indirect,
common, corporate, or other costs directly incurred by or
allocated to State-supported routes, of its State-supported
routes and retirement of principal and payment of interest on
loans or capital leases attributable to its State-supported
routes.
``(d) Long-Distance Account.--
``(1) Deposits.--Amtrak shall deposit in the long-distance
account established under subsection (a)(3)--
``(A) a portion of the grant funds appropriated under the
authorization in section 35101(a) of the Railroad Reform,
Enhancement, and Efficiency Act, or any subsequent Act
appropriating funds for the use of Amtrak, as specified in a
grant agreement entered into under section 24318;
``(B) any compensation received from States provided to
Amtrak for costs associated with its long-distance routes;
and
``(C) any operating surplus from its long-distance routes,
as allocated under section 24317.
``(2) Use of long-distance account.--Except as provided in
subsection (f), amounts deposited in the long-distance
account shall be made available for the use of Amtrak for
capital expenses and operating costs, including indirect,
common, corporate, or other costs directly incurred by or
allocated to long-distance routes, of its long-distance
routes and retirement of principal and payment of interest on
loans or capital leases attributable to the long-distance
routes.
``(e) Other National Network Activities Account.--
``(1) Deposits.--Amtrak shall deposit in the other national
network activities account established under subsection
(a)(4)--
``(A) a portion of the grant funds appropriated under the
authorization in section 35101(a) of the Railroad Reform,
Enhancement, and Efficiency Act, or any subsequent Act
appropriating funds for the use of Amtrak, as specified in a
grant agreement entered into under section 24318;
``(B) any compensation received from States provided to
Amtrak for costs associated with its other national network
activities; and
``(C) any operating surplus from its other national network
activities.
``(2) Use of other national network activities account.--
Except as provided in subsection (f), amounts deposited into
the other national network activities account shall be made
available for the use of Amtrak for capital and operating
costs not allocated to the Northeast Corridor investment
account, State-supported account, or long-distance account,
and retirement of principal and payment of interest on loans
or capital leases attributable to other national network
activities.
``(f) Transfer Authority.--
``(1) Authority.--Amtrak may transfer any funds
appropriated under the authorization in section 35101(a) of
the Railroad Reform, Enhancement, and Efficiency Act, or any
subsequent Act appropriating funds for the use of Amtrak for
deposit into the accounts described in that section, or any
surplus generated by operations, between the Northeast
Corridor, State-supported, long-distance, and other national
network activities accounts--
``(A) upon the expiration of 10 days after the date that
Amtrak notifies the Amtrak Board of Directors, including the
Secretary, of the planned transfer; and
``(B) with the approval of the Secretary.
``(2) Report.--Not later than 5 days after the date that
Amtrak notifies the Amtrak Board of Directors of a planned
transfer under paragraph (1), Amtrak shall transmit to the
Committee on Commerce, Science, and Transportation and the
Committee on Appropriations of the Senate and the Committee
on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives a report that
includes--
``(A) the amount of the transfer; and
``(B) a detailed explanation of the reason for the
transfer, including--
``(i) the effects on Amtrak services funded by the account
from which the transfer is drawn, in comparison to a scenario
in which no transfer was made; and
``(ii) the effects on Amtrak services funded by the account
receiving the transfer, in comparison to a scenario in which
no transfer was made.
``(3) Notifications.--
``(A) State-supported account.--Not later than 5 days after
the date that Amtrak notifies the Amtrak Board of Directors
of a planned transfer under paragraph (1) of funds to or from
the State-supported account, Amtrak shall transmit to each
State that sponsors a State-supported route a letter that
includes the information described under subparagraphs (A)
and (B) of paragraph (2).
``(B) Northeast corridor account.--Not later than 5 days
after the date that Amtrak notifies the Amtrak Board of
Directors of a planned transfer under paragraph (1) of funds
to or from the Northeast Corridor account, Amtrak shall
transmit to the Northeast Corridor Commission a letter that
includes the information described under subparagraphs (A)
and (B) of paragraph (2).
``(g) Enforcement.--The Secretary shall enforce the
provisions of each grant agreement under section 24318(d),
including any deposit into an account under this section.
``(h) Letters of Intent.--
``(1) Requirement.--The Secretary may issue a letter of
intent to Amtrak announcing an intention to obligate, for a
major capital project described in clauses (ii) and (iv) of
section 24904(a)(2)(E), an amount from future available
budget authority specified in law that is not more than the
amount stipulated as the financial participation of the
Secretary in the project.
``(2) Notice to congress.--At least 30 days before issuing
a letter under paragraph (1), the Secretary shall notify in
writing the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the
Senate and the Committee on Transportation and Infrastructure
and the Committee on Appropriations of the House of
Representatives of the proposed letter. The Secretary shall
include with the notice a copy of the proposed letter, the
criteria used for selecting the project for a grant award,
and a description of how the project meets the criteria under
this section.
``(3) Contingent nature of obligation or commitment.--An
obligation or administrative commitment may be made only when
[[Page S5629]]
amounts are appropriated. The letter of intent shall state
that the contingent commitment is not an obligation of the
Federal Government, and is subject to the availability of
appropriations under Federal law and to Federal laws in force
or enacted after the date of the contingent commitment.''.
(b) Conforming Amendments.--The table of contents for
chapter 243 is amended by adding at the end the following:
``24317. Costs and revenues.
``24318. Grant process.
``24319. Accounts.''.
(c) Repeals.--
(1) Establishment of grant process.--Section 206 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note) and the item relating to that section in
the table of contents of that Act are repealed.
(2) Authorization of appropriations.--Section 24104 and the
item relating to that section in the table of contents of
chapter 241 are repealed.
SEC. 35202. 5-YEAR BUSINESS LINE AND ASSETS PLANS.
(a) Amtrak 5-Year Business Line and Asset Plans.--Chapter
243, as amended by section 35201 of this Act, is further
amended by inserting after section 24319 the following:
``Sec. 24320. Amtrak 5-year business line and asset plans
``(a) In General.--
``(1) Final plans.--Not later than February 15 of each
year, Amtrak shall submit to Congress and the Secretary final
5-year business line plans and 5-year asset plans prepared in
accordance with this section. These final plans shall form
the basis for Amtrak's general and legislative annual report
to the President and Congress required by section 24315(b).
``(2) Fiscal constraint.--Each plan prepared under this
section shall be based on funding levels authorized or
otherwise available to Amtrak in a fiscal year. In the
absence of an authorization or appropriation of funds for a
fiscal year, the plans shall be based on the amount of
funding available in the previous fiscal year, plus
inflation. Amtrak may include an appendix to the asset plan
required in subsection (c) that describes any capital funding
requirements in excess of amounts authorized or otherwise
available to Amtrak in a fiscal year for capital investment.
``(b) Amtrak 5-Year Business Line Plans.--
``(1) Amtrak business lines.--Amtrak shall prepare a 5-year
business line plan for each of the following business lines
and services:
``(A) Northeast Corridor train services.
``(B) State-supported routes operated by Amtrak.
``(C) Long-distance routes operated by Amtrak.
``(D) Ancillary services operated by Amtrak, including
commuter operations and other revenue generating activities
as determined by the Secretary in consultation with Amtrak.
``(2) Contents of 5-year business line plans.--The 5-year
business line plan for each business line shall include, at a
minimum--
``(A) a statement of Amtrak's vision, goals, and service
plan for the business line, coordinated with any entities
that are contributing capital or operating funding to support
passenger rail services within those business lines, and
aligned with Amtrak's Strategic Plan and 5-year asset plans
under subsection (c);
``(B) all projected revenues and expenditures for the
business line, including identification of revenues and
expenditures incurred by--
``(i) passenger operations;
``(ii) non-passenger operations that are directly related
to the business line; and
``(iii) governmental funding sources, including revenues
and other funding received from States;
``(C) projected ridership levels for all passenger
operations;
``(D) estimates of long-term and short-term debt and
associated principal and interest payments (both current and
forecasts);
``(E) annual profit and loss statements and forecasts and
balance sheets;
``(F) annual cash flow forecasts;
``(G) a statement describing the methodologies and
significant assumptions underlying estimates and forecasts;
``(H) specific performance measures that demonstrate year
over year changes in the results of Amtrak's operations;
``(I) financial performance for each route within each
business line, including descriptions of the cash operating
loss or contribution and labor productivity for each route;
``(J) specific costs and savings estimates resulting from
reform initiatives;
``(K) prior fiscal year and projected equipment reliability
statistics; and
``(L) an identification and explanation of any major
adjustments made from previously-approved plans.
``(3) 5-year business line plans process.--In meeting the
requirements of this section, Amtrak shall--
``(A) coordinate the development of the business line plans
with the Secretary;
``(B) for the Northeast Corridor business line plan,
coordinate with the Northeast Corridor Commission and
transmit to the Commission the final plan under subsection
(a)(1), and consult with other entities, as appropriate;
``(C) for the State-supported route business line plan,
coordinate with the State-Supported Route Committee
established under section 24712;
``(D) for the long-distance route business line plan,
coordinate with any States or Interstate Compacts that
provide funding for such routes, as appropriate;
``(E) ensure that Amtrak's annual budget request to
Congress is consistent with the information in the 5-year
business line plans; and
``(F) identify the appropriate Amtrak officials that are
responsible for each business line.
``(4) Standards to promote financial stability.--In meeting
the requirements under this subsection, Amtrak shall use the
categories specified in the financial accounting and
reporting system developed under section 203 of the Passenger
Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101
note) when preparing its 5-year business line plans.
``(c) Amtrak 5-Year Asset Plans.--
``(1) Asset categories.--Amtrak shall prepare a 5-year
asset plan for each of the following asset categories:
``(A) Infrastructure, including all Amtrak-controlled
Northeast Corridor assets and other Amtrak-owned
infrastructure, and the associated facilities that support
the operation, maintenance, and improvement of those assets.
``(B) Passenger rail equipment, including all Amtrak-
controlled rolling stock, locomotives, and mechanical shop
facilities that are used to overhaul equipment.
``(C) Stations, including all Amtrak-controlled passenger
rail stations and elements of other stations for which Amtrak
has legal responsibility or intends to make capital
investments.
``(D) National assets, including national reservations,
security, training and training centers, and other assets
associated with Amtrak's national passenger rail
transportation system.
``(2) Contents of 5-year asset plans.--Each asset plan
shall include, at a minimum--
``(A) a summary of Amtrak's 5-year strategic plan for each
asset category, including goals, objectives, any relevant
performance metrics, and statutory or regulatory actions
affecting the assets;
``(B) an inventory of existing Amtrak capital assets, to
the extent practicable, including information regarding
shared use or ownership, if applicable;
``(C) a prioritized list of proposed capital investments
that--
``(i) categorizes each capital project as being primarily
associated with--
``(I) normalized capital replacement;
``(II) backlog capital replacement;
``(III) improvements to support service enhancements or
growth;
``(IV) strategic initiatives that will improve overall
operational performance, lower costs, or otherwise improve
Amtrak's corporate efficiency; or
``(V) statutory, regulatory, or other legal mandates;
``(ii) identifies each project or program that is
associated with more than 1 category described in clause (i);
and
``(iii) describes the anticipated business outcome of each
project or program identified under this subparagraph,
including an assessment of--
``(I) the potential effect on passenger operations, safety,
reliability, and resilience;
``(II) the potential effect on Amtrak's ability to meet
regulatory requirements if the project or program is not
funded; and
``(III) the benefits and costs; and
``(D) annual profit and loss statements and forecasts and
balance sheets for each asset category.
``(3) 5-year asset plan process.--In meeting the
requirements of this subsection, Amtrak shall--
``(A) coordinate with each business line described in
subsection (b)(1) in the preparation of each 5-year asset
plan and ensure integration of each 5-year asset plan with
the 5-year business line plans;
``(B) as applicable, coordinate with the Northeast Corridor
Commission, the State-Supported Route Committee, and owners
of assets affected by 5-year asset plans; and
``(C) identify the appropriate Amtrak officials that are
responsible for each asset category.
``(4) Evaluation of national assets costs.--The Secretary
shall--
``(A) evaluate the costs and scope of all national assets;
and
``(B) determine the activities and costs that are--
``(i) required in order to ensure the efficient operations
of a national passenger rail system;
``(ii) appropriate for allocation to 1 of the other Amtrak
business lines; and
``(iii) extraneous to providing an efficient national
passenger rail system or are too costly relative to the
benefits or performance outcomes they provide.
``(5) Definition of national assets.--In this section, the
term `national assets' means the Nation's core rail assets
shared among Amtrak services, including national
reservations, security, training and training centers, and
other assets associated with Amtrak's national passenger rail
transportation system.
``(6) Restructuring of national assets.--Not later than 1
year after the date of completion of the evaluation under
paragraph (4), the Administrator of the Federal Railroad
Administration, in consultation with
[[Page S5630]]
the Amtrak Board of Directors, the governors of each relevant
State, and the Mayor of the District of Columbia, or their
designees, shall restructure or reallocate, or both, the
national assets costs in accordance with the determination
under that section, including making appropriate updates to
Amtrak's cost accounting methodology and system.''.
(b) Effective Date.--The requirements for Amtrak to submit
final 5-year business line plans and 5-year asset plans under
section 24320 of title 49, United States Code, shall take
effect 1 year after the date of enactment of this Act.
(c) Conforming Amendments.--The table of contents for
chapter 243, as amended by section 35201 of this Act, is
further amended by adding at the end the following:
``24320. Amtrak 5-year business line and asset plans.''.
(d) Repeal of 5-Year Financial Plan.--Section 204 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note), and the item relating to that section in
the table of contents of that Act, are repealed.
(e) Identification of Duplicative Reporting Requirements.--
Not later than 1 year after the date of enactment of this
Act, the Secretary shall--
(1) review existing Amtrak reporting requirements and
identify where the existing requirements are duplicative with
the business line and capital plans required by section 24320
of title 49, United States Code;
(2) if the duplicative reporting requirements are
administrative, the Secretary shall eliminate the duplicative
requirements; and
(3) submit to Congress a report with any recommendations
for repealing any other duplicative Amtrak reporting
requirements.
SEC. 35203. STATE-SUPPORTED ROUTE COMMITTEE.
(a) Amendment.--Chapter 247 is amended by adding at the end
the following:
``Sec. 24712. State-supported routes operated by Amtrak
``(a) State-Supported Route Committee.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the Railroad Reform, Enhancement, and
Efficiency Act, the Secretary of Transportation shall
establish the State-Supported Route Committee (referred to in
this section as the `Committee') to promote mutual
cooperation and planning pertaining to the rail operations of
Amtrak and related activities of trains operated by Amtrak on
State-supported routes and to further implement section 209
of the Passenger Rail Investment and Improvement Act of 2008
(49 U.S.C. 24101 note).
``(2) Membership.--
``(A) In general.--The Committee shall consist of--
``(i) members representing Amtrak;
``(ii) members representing the Department of
Transportation, including the Federal Railroad
Administration; and
``(iii) members representing States.
``(B) Non-voting members.--The Committee may invite and
accept other non-voting members to participate in Committee
activities, as appropriate.
``(3) Decisionmaking.--The Committee shall establish a bloc
voting system under which, at a minimum--
``(A) there are 3 separate voting blocs to represent the
Committee's voting members, including--
``(i) 1 voting bloc to represent the members described in
paragraph (2)(A)(i);
``(ii) 1 voting bloc to represent the members described in
paragraph (2)(A)(ii); and
``(iii) 1 voting bloc to represent the members described in
paragraph (2)(A)(iii);
``(B) each voting bloc has 1 vote;
``(C) the vote of the voting bloc representing the members
described in paragraph (2)(A)(iii) requires the support of at
least two-thirds of that voting bloc's members; and
``(D) the Committee makes decisions by unanimous consent of
the 3 voting blocs.
``(4) Meetings; rules and procedures.--The Committee shall
convene a meeting and shall define and implement the rules
and procedures governing the Committee's proceedings not
later than 180 days after the date of establishment of the
Committee by the Secretary. The rules and procedures shall--
``(A) incorporate and further describe the decisionmaking
procedures to be used in accordance with paragraph (3); and
``(B) be adopted in accordance with such decisionmaking
procedures.
``(5) Committee decisions.--Decisions made by the Committee
in accordance with the Committee's rules and procedures, once
established, are binding on all Committee members.
``(6) Cost allocation methodology.--
``(A) In general.--Subject to subparagraph (B), the
Committee may amend the cost allocation methodology required
and previously approved under section 209 of the Passenger
Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101
note).
``(B) Procedures for changing methodology.--The rules and
procedures implemented under paragraph (4) shall include
procedures for changing the cost allocation methodology.
``(C) Requirements.--The cost allocation methodology
shall--
``(i) ensure equal treatment in the provision of like
services of all States and groups of States; and
``(ii) allocate to each route the costs incurred only for
the benefit of that route and a proportionate share, based
upon factors that reasonably reflect relative use, of costs
incurred for the common benefit of more than 1 route.
``(b) Invoices and Reports.--Not later than February 15,
2016, and monthly thereafter, Amtrak shall provide to each
State that sponsors a State-supported route a monthly invoice
of the cost of operating such route, including fixed costs
and third-party costs. The Committee shall determine the
frequency and contents of the financial and performance
reports that Amtrak shall provide to the States, as well as
the planning and demand reports that the States shall provide
to Amtrak.
``(c) Dispute Resolution.--
``(1) Request for dispute resolution.--If a dispute arises
with respect to the rules and procedures implemented under
subsection (a)(4), an invoice or a report provided under
subsection (b), implementation or compliance with the cost
allocation methodology developed under section 209 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note) or amended under subsection (a)(6) of this
section, either Amtrak or the State may request that the
Surface Transportation Board conduct dispute resolution under
this subsection.
``(2) Procedures.--The Surface Transportation Board shall
establish procedures for resolution of disputes brought
before it under this subsection, which may include provision
of professional mediation services.
``(3) Binding effect.--A decision of the Surface
Transportation Board under this subsection shall be binding
on the parties to the dispute.
``(4) Obligation.--Nothing in this subsection shall affect
the obligation of a State to pay an amount not in dispute.
``(d) Assistance.--
``(1) In general.--The Secretary may provide assistance to
the parties in the course of negotiations for a contract for
operation of a State-supported route.
``(2) Financial assistance.--From among available funds,
the Secretary shall--
``(A) provide financial assistance to Amtrak or 1 or more
States to perform requested independent technical analysis of
issues before the Committee; and
``(B) reimburse Members for travel expenses, including per
diem in lieu of subsistence, in accordance with section 5703
of title 5.
``(e) Performance Metrics.--In negotiating a contract for
operation of a State-supported route, Amtrak and the State or
States that sponsor the route shall consider including
provisions that provide penalties and incentives for
performance.
``(f) Statement of Goals and Objectives.--
``(1) In general.--The Committee shall develop a statement
of goals, objectives, and associated recommendations
concerning the future of State-supported routes operated by
Amtrak. The statement shall identify the roles and
responsibilities of Committee members and any other relevant
entities, such as host railroads, in meeting the identified
goals and objectives, or carrying out the recommendations.
The Committee may consult with such relevant entities, as the
Committee considers appropriate, when developing the
statement.
``(2) Transmission of statement of goals and objectives.--
Not later than 2 years after the date of enactment of the
Railroad Reform, Enhancement, and Efficiency Act the
Committee shall transmit the statement developed under
paragraph (1) to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
``(g) Rule of Construction.--The decisions of the
Committee--
``(1) shall pertain to the rail operations of Amtrak and
related activities of trains operated by Amtrak on State-
sponsored routes; and
``(2) shall not pertain to the rail operations or related
activities of services operated by other rail passenger
carriers on State-supported routes.
``(h) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Committee.
``(i) Definition of State.--In this section, the term
`State' means any of the 50 States, the District of Columbia,
or a public entity that sponsor the operation of trains by
Amtrak on a State-supported route.''.
(b) Technical and Conforming Amendments.--The table of
contents for chapter 247 is amended by adding at the end the
following:
``24712. State-supported routes operated by Amtrak.''.
SEC. 35204. ROUTE AND SERVICE PLANNING DECISIONS.
Section 208 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24101 note) is amended to
read as follows:
``SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE
PLANNING DECISIONS.
``(a) Methodology Development.--Not later than 180 days
after the date of enactment of the Railroad Reform,
Enhancement, and Efficiency Act, as a condition of receiving
a grant under section 101 of that Act, Amtrak shall obtain
the services of an independent entity to develop and
recommend
[[Page S5631]]
objective methodologies for Amtrak to use in determining what
intercity rail passenger transportation routes and services
it should provide, including the establishment of new routes,
the elimination of existing routes, and the contraction or
expansion of services or frequencies over such routes.
``(b) Considerations.--Amtrak shall require the independent
entity, in developing the methodologies described in
subsection (a), to consider--
``(1) the current and expected performance and service
quality of intercity rail passenger transportation
operations, including cost recovery, on-time performance,
ridership, on-board services, stations, facilities,
equipment, and other services;
``(2) the connectivity of a route with other routes;
``(3) the transportation needs of communities and
populations that are not well served by intercity rail
passenger transportation service or by other forms of
intercity transportation;
``(4) the methodologies of Amtrak and major intercity rail
passenger transportation service providers in other countries
for determining intercity passenger rail routes and services;
``(5) the financial and operational effects on the overall
network, including the effects on indirect costs;
``(6) the views of States and the recommendations described
in State rail plans, rail carriers that own infrastructure
over which Amtrak operates, Interstate Compacts established
by Congress and States, Amtrak employee representatives,
stakeholder organizations, and other interested parties; and
``(7) the funding levels that will be available under
authorization levels that have been enacted into law.
``(c) Recommendations.--Not later than 1 year after the
date of enactment of the Railroad Reform, Enhancement, and
Efficiency Act, Amtrak shall transmit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives recommendations developed by the
independent entity under subsection (a).
``(d) Consideration of Recommendations.--Not later than 90
days after the date the recommendations are transmitted under
subsection (c), Amtrak shall consider the adoption of each
recommendation and transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report explaining the reasons for adopting
or not adopting each recommendation.''.
SEC. 35205. COMPETITION.
(a) Alternate Passenger Rail Service Pilot Program.--
Section 24711 is amended to read as follows:
``Sec. 24711. Alternate passenger rail service pilot program
``(a) In General.--Not later than 18 months after the date
of enactment of the Railroad Reform, Enhancement, and
Efficiency Act, the Secretary of Transportation shall
promulgate a rule to implement a pilot program for
competitive selection of rail carriers for long-distance
routes (as defined in section 24102).
``(b) Pilot Program Requirements.--
``(1) In general.--The pilot program shall--
``(A) allow a party described in paragraph (2) to petition
the Secretary to provide intercity rail passenger
transportation over a long-distance route in lieu of Amtrak
for an operations period of 4 years from the date of
commencement of service by the winning bidder and, at the
option of the Secretary, consistent with the rule promulgated
under subsection (a), allow the contract to be renewed for an
additional operations period of 4 years, but not to exceed a
total of 3 operations periods;
``(B) require the Secretary to--
``(i) notify the petitioner and Amtrak of receipt of the
petition under subparagraph (A) and to publish in the Federal
Register a notice of receipt not later than 30 days after the
date of receipt; and
``(ii) establish a deadline, of not more than 120 days
after the notice of receipt is published in the Federal
Register under clause (i), by which both the petitioner and
Amtrak, if Amtrak chooses to do so, would be required to
submit a complete bid to provide intercity rail passenger
transportation over the applicable route;
``(C) require that each bid--
``(i) describe the capital needs, financial projections,
and operational plans, including staffing plans, for the
service, and such other factors as the Secretary considers
appropriate; and
``(ii) be made available by the winning bidder to the
public after the bid award;
``(D) for a route that receives funding from a State or
States, require that for each bid received from a party
described in paragraph (2), other than a State, the Secretary
have the concurrence of the State or States that provide
funding for that route;
``(E) for a winning bidder that is not or does not include
Amtrak, require the Secretary to execute a contract not later
than 270 days after the deadline established under
subparagraph (B)(ii) and award to the winning bidder--
``(i) subject to paragraphs (3) and (4), the right and
obligation to provide intercity rail passenger transportation
over that route subject to such performance standards as the
Secretary may require; and
``(ii) an operating subsidy, as determined by the
Secretary, for--
``(I) the first year at a level that does not exceed 90
percent of the level in effect for that specific route during
the fiscal year preceding the fiscal year in which the
petition was received, adjusted for inflation; and
``(II) any subsequent years at the level calculated under
subclause (I), adjusted for inflation; and
``(F) for a winning bidder that is or includes Amtrak,
award to that bidder an operating subsidy, as determined by
the Secretary, over the applicable route that will not change
during the fiscal year in which the bid was submitted solely
as a result of the winning bid.
``(2) Eligible petitioners.--The following parties are
eligible to submit petitions under paragraph (1):
``(A) A rail carrier or rail carriers that own the
infrastructure over which Amtrak operates a long-distance
route.
``(B) A rail passenger carrier with a written agreement
with the rail carrier or rail carriers that own the
infrastructure over which Amtrak operates a long-distance
route and that host or would host the intercity rail
passenger transportation.
``(C) A State, group of States, or State-supported joint
powers authority or other sub-State governance entity
responsible for provision of intercity rail passenger
transportation with a written agreement with the rail carrier
or rail carriers that own the infrastructure over which
Amtrak operates a long-distance route and that host or would
host the intercity rail passenger transportation.
``(D) A State, group of States, or State-supported joint
powers authority or other sub-State governance entity
responsible for provision of intercity rail passenger
transportation and a rail passenger carrier with a written
agreement with the rail carrier or rail carriers that own the
infrastructure over which Amtrak operates a long-distance
route and that host or would host the intercity rail
passenger transportation.
``(3) Performance standards.--If the winning bidder under
paragraph (1)(E)(i) is not or does not include Amtrak, the
performance standards shall be consistent with the
performance required of or achieved by Amtrak on the
applicable route during the last fiscal year.
``(4) Agreement governing access issues.--Unless the
winning bidder already has applicable access agreements in
place or includes a rail carrier that owns the infrastructure
used in the operation of the route, the winning bidder under
paragraph (1)(E)(i) shall enter into a written agreement
governing access issues between the winning bidder and the
rail carrier or rail carriers that own the infrastructure
over which the winning bidder would operate and that host or
would host the intercity rail passenger transportation.
``(c) Access to Facilities; Employees.--If the Secretary
awards the right and obligation to provide rail passenger
transportation over a route under this section to an entity
in lieu of Amtrak--
``(1) the Secretary shall require Amtrak to provide access
to the Amtrak-owned reservation system, stations, and
facilities directly related to operations of the awarded
routes to the rail passenger carrier awarded a contract under
this section, in accordance with subsection (g), as necessary
to carry out the purposes of this section;
``(2) an employee of any person, except for a freight
railroad or a person employed or contracted by a freight
railroad, used by such rail passenger carrier in the
operation of a route under this section shall be considered
an employee of that rail passenger carrier and subject to the
applicable Federal laws and regulations governing similar
crafts or classes of employees of Amtrak; and
``(3) the winning bidder shall provide hiring preference to
qualified Amtrak employees displaced by the award of the bid,
consistent with the staffing plan submitted by the bidder,
and shall be subject to the grant conditions under section
24405.
``(d) Cessation of Service.--If a rail passenger carrier
awarded a route under this section ceases to operate the
service or fails to fulfill an obligation under the contract
required under subsection (b)(1)(E), the Secretary shall take
any necessary action consistent with this title to enforce
the contract and ensure the continued provision of service,
including--
``(1) the installment of an interim rail passenger carrier;
``(2) providing to the interim rail passenger carrier under
paragraph (1) an operating subsidy necessary to provide
service; and
``(3) rebidding the contract to operate the rail passenger
transportation.
``(e) Budget Authority.--
``(1) In general.--The Secretary shall provide to a winning
bidder that is not or does not include Amtrak and that is
selected under this section any appropriations withheld under
section 35101(c) of the Railroad Reform, Enhancement, and
Efficiency Act, or any subsequent appropriation for the same
purpose, necessary to cover the operating subsidy described
in subsection (b)(1)(E)(ii).
``(2) Amtrak.--If the Secretary selects a winning bidder
that is not or does not include Amtrak, the Secretary may
provide to Amtrak an appropriate portion of the
appropriations under section 35101(a) of the Railroad Reform,
Enhancement, and Efficiency
[[Page S5632]]
Act, or any subsequent appropriation for the same purpose, to
cover any cost directly attributable to the termination of
Amtrak service on the route and any indirect costs to Amtrak
imposed on other Amtrak routes as a result of losing service
on the route operated by the winning bidder. Any amount
provided by the Secretary to Amtrak under this paragraph
shall not be deducted from or have any effect on the
operating subsidy described in subsection (b)(1)(E)(ii).
``(f) Deadline.--If the Secretary does not promulgate the
final rule and implement the program before the deadline
under subsection (a), the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a letter, signed by the
Secretary and Administrator of the Federal Railroad
Administration, each month until the rule is complete,
including--
``(1) the reasons why the rule has not been issued;
``(2) an updated staffing plan for completing the rule as
soon as feasible;
``(3) the contact information of the official that will be
overseeing the execution of the staffing plan; and
``(4) the estimated date of completion of the rule.
``(g) Disputes.--If Amtrak and the rail passenger carrier
awarded a route under this section cannot agree upon terms to
carry out subsection (c)(1), and the Surface Transportation
Board finds that access to Amtrak's facilities or equipment,
or the provision of services by Amtrak, is necessary under
subsection (c)(1) and that the operation of Amtrak's other
services will not be impaired thereby, the Surface
Transportation Board shall issue an order that the facilities
and equipment be made available, and that services be
provided, by Amtrak, and shall determine reasonable
compensation, liability, and other terms for use of the
facilities and equipment and provision of the services.
``(h) Limitation.--Not more than 3 long-distance routes may
be selected under this section for operation by a winning
bidder that is not or does not include Amtrak.
``(i) Preservation of Right to Competition on State-
Supported Routes.--Nothing in this section shall be construed
as prohibiting a State from introducing competition for
intercity rail passenger transportation or services on its
State-supported route or routes.''.
(b) Report.--Not later than 4 years after the date of
implementation of the pilot program under section 24711 of
title 49, United States Code, and quadrennially thereafter
until the pilot program is discontinued, the Secretary shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the results on the pilot program
to date and any recommendations for further action.
SEC. 35206. ROLLING STOCK PURCHASES.
(a) In General.--Prior to entering into any contract in
excess of $100,000,000 for rolling stock and locomotive
procurements Amtrak shall submit a business case analysis to
the Secretary, the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the
Senate and the Committee on Transportation and Infrastructure
and the Committee on Appropriations of the House of
Representatives, on the utility of such procurements.
(b) Contents.--The business case analysis shall--
(1) include a cost and benefit comparison that describes
the total lifecycle costs and the anticipated benefits
related to revenue, operational efficiency, reliability, and
other factors;
(2) set forth the total payments by fiscal year;
(3) identify the specific source and amounts of funding for
each payment, including Federal funds, State funds, Amtrak
profits, Federal, State, or private loans or loan guarantees,
and other funding;
(4) include an explanation of whether any payment under the
contract will increase Amtrak's grant request, as required
under section 24318 of title 49, United States Code, in that
particular fiscal year; and
(5) describe how Amtrak will adjust the procurement if
future funding is not available.
(c) Rule of Construction.--Nothing in this section shall be
construed as requiring Amtrak to disclose confidential
information regarding a potential vendor's proposed pricing
or other sensitive business information prior to contract
execution.
SEC. 35207. FOOD AND BEVERAGE POLICY.
(a) In General.--Chapter 243, as amended in section 35202
of this Act, is further amended by adding after section 24320
the following:
``Sec. 24321. Food and beverage reform
``(a) Plan.--Not later than 90 days after the date of
enactment of the Railroad Reform, Enhancement, and Efficiency
Act, Amtrak shall develop and begin implementing a plan to
eliminate, not later than 4 years after the date of enactment
of that Act, the operating loss associated with providing
food and beverage service on board Amtrak trains.
``(b) Considerations.--In developing and implementing the
plan under subsection (a), Amtrak shall consider a
combination of cost management and revenue generation
initiatives, including--
``(1) scheduling optimization;
``(2) onboard logistics;
``(3) product development and supply chain efficiency;
``(4) training, awards, and accountability;
``(5) technology enhancements and process improvements; and
``(6) ticket revenue allocation.
``(c) Savings Clause.--Amtrak shall ensure that no Amtrak
employee holding a position as of the date of enactment of
the Railroad Reform, Enhancement, and Efficiency Act is
involuntarily separated because of--
``(1) the development and implementation of the plan
required under subsection (a); or
``(2) any other action taken by Amtrak to implement this
section.
``(d) No Federal Funding for Operating Losses.--Beginning
on the date that is 4 years after the date of enactment of
the Railroad Reform, Enhancement, and Efficiency Act, no
Federal funds may be used to cover any operating loss
associated with providing food and beverage service on a
route operated by Amtrak or an alternative passenger rail
service provider that operates a route in lieu of Amtrak
under section 24711.
``(e) Report.--Not later than 120 days after the date of
enactment of the Railroad Reform, Enhancement, and Efficiency
Act, and annually thereafter for a period of 4 years, Amtrak
shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the plan developed under
subsection (a) and a description of progress in the
implementation of the plan.''.
(b) Conforming Amendment.--The table of contents for
chapter 243, as amended in section 35202 of this Act, is
amended by adding at the end the following:
``24321. Food and beverage reform.''.
SEC. 35208. LOCAL PRODUCTS AND PROMOTIONAL EVENTS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, Amtrak shall establish a pilot program
for a State or States that sponsor a State-supported route
operated by Amtrak to facilitate--
(1) onboard purchase and sale of local food and beverage
products; and
(2) partnerships with local entities to hold promotional
events on trains or in stations.
(b) Program Design.--The pilot program under paragraph (1)
shall allow a State or States--
(1) to nominate and select a local food and beverage
products supplier or suppliers or local promotional event
partner;
(2) to charge a reasonable price or fee for local food and
beverage products or promotional events and related
activities to help defray the costs of program administration
and State-supported routes; and
(3) a mechanism to ensure that State products can
effectively be handled and integrated into existing food and
beverage services, including compliance with all applicable
regulations and standards governing such services.
(c) Program Administration.--The pilot program shall--
(1) for local food and beverage products, ensure the
products are integrated into existing food and beverage
services, including compliance with all applicable
regulations and standards;
(2) for promotional events, ensure the events are held in
compliance with all applicable regulations and standards,
including terms to address insurance requirements; and
(3) require an annual report that documents revenues and
costs and indicates whether the products or events resulted
in a reduction in the financial contribution of a State or
States to the applicable State-supported route.
(d) Report.--Not later than 4 years after the date of
establishment of the pilot programs under this section,
Amtrak shall report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on which States have participated in the
pilot programs under this section. The report shall summarize
the financial and operational outcomes of the pilot programs.
(e) Rule of Construction.--Nothing in this subsection shall
be construed as limiting Amtrak's ability to operate special
trains in accordance with section 216 of the Passenger Rail
Investment and Improvement Act of 2008 (49 U.S.C. 24308
note).
SEC. 35209. RIGHT-OF-WAY LEVERAGING.
(a) Request for Proposals.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, Amtrak shall issue a Request for
Proposals seeking qualified persons or entities to utilize
right-of-way and real estate owned, controlled, or managed by
Amtrak for telecommunications systems, energy distribution
systems, and other activities considered appropriate by
Amtrak.
(2) Contents.--The Request for Proposals shall provide
sufficient information on the right-of-way and real estate
assets to enable respondents to propose an arrangement that
will monetize or generate additional revenue from such assets
through revenue sharing or leasing agreements with Amtrak, to
the extent possible.
(b) Consideration of Proposals.--Not later than 180 days
following the deadline for the receipt of proposals under
subsection (a), Amtrak shall review and consider each
qualified proposal. Amtrak may enter into such
[[Page S5633]]
agreements as are necessary to implement any qualified
proposal.
(c) Report.--Not later than 270 days following the deadline
for the receipt of proposals under subsection (a), Amtrak
shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the Request for Proposals
required by this section, including summary information of
any proposals submitted to Amtrak and any proposals accepted
by Amtrak.
(d) Savings Clause.--Nothing in this section shall be
construed to limit Amtrak's ability to utilize right-of-way
or real estate assets that it currently owns, controls, or
manages or constrain Amtrak's ability to enter into
agreements with other parties to utilize such assets.
SEC. 35210. STATION DEVELOPMENT.
(a) Report on Development Options.--Not later than 1 year
after the date of the enactment of this Act, Amtrak shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that describes--
(1) options to enhance economic development and
accessibility of and around Amtrak stations and terminals,
for the purposes of--
(A) improving station condition, functionality, capacity,
and customer amenities;
(B) generating additional investment capital and
development-related revenue streams;
(C) increasing ridership and revenue;
(D) complying with the applicable sections of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and
the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); and
(E) strengthening multimodal connections, including
transit, intercity buses, roll-on and roll-off bicycles, and
airports, as appropriate; and
(2) options for additional Amtrak stops that would have a
positive incremental financial impact to Amtrak, based on
Amtrak feasibility studies that demonstrate a financial
benefit to Amtrak by generating additional revenue that
exceeds any incremental costs.
(b) Request for Information.--Not later than 90 days after
the date the report is transmitted under subsection (a),
Amtrak shall issue a Request of Information for 1 or more
owners of stations served by Amtrak to formally express an
interest in completing the requirements of this section.
(c) Proposals.--
(1) Request for proposals.--Not later than 180 days after
the date the Request for Information is issued under
subsection (a), Amtrak shall issue a Request for Proposals
from qualified persons, including small business concerns
owned and controlled by socially and economically
disadvantaged individuals and veteran-owned small businesses,
to lead, participate, or partner with Amtrak, a station owner
that responded under subsection (b), and other entities in
enhancing development in and around such stations and
terminals using applicable options identified under
subsection (a) at facilities selected by Amtrak.
(2) Consideration of proposals.--Not later than 1 year
after the date the Request for Proposals are issued under
paragraph (1), Amtrak shall review and consider qualified
proposals submitted under paragraph (1). Amtrak or a station
owner that responded under subsection (b) may enter into such
agreements as are necessary to implement any qualified
proposal.
(d) Report.--Not later than 3 years after the date of
enactment of this Act, Amtrak shall transmit to the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report on the Request for
Proposals process required under this section, including
summary information of any qualified proposals submitted to
Amtrak and any proposals acted upon by Amtrak or a station
owner that responded under subsection (b).
(e) Definitions.--In this section, the terms ``small
business concern'', ``socially and economically disadvantaged
individual'', and ``veteran-owned small business'' have the
meanings given the terms in section 304(c) of this Act.
(f) Savings Clause.--Nothing in this section shall be
construed to limit Amtrak's ability to develop its stations,
terminals, or other assets, to constrain Amtrak's ability to
enter into and carry out agreements with other parties to
enhance development at or around Amtrak stations or
terminals, or to affect any station development initiatives
ongoing as of the date of enactment of this Act.
SEC. 35211. AMTRAK DEBT.
Section 205 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24101 note) is amended--
(1) by striking ``as of the date of enactment of this Act''
each place it appears;
(2) in subsection (a)--
(A) by inserting ``, to the extent provided in advance in
appropriations Acts'' after ``Amtrak's indebtedness''; and
(B) by striking the second sentence;
(3) in subsection (b), by striking ``The Secretary of the
Treasury, in consultation'' and inserting ``To the extent
amounts are provided in advance in appropriations Acts, the
Secretary of the Treasury, in consultation'';
(4) in subsection (d), by inserting ``, to the extent
provided in advance in appropriations Acts'' after ``as
appropriate'';
(5) in subsection (e)--
(A) in paragraph (1), by striking ``by section 102 of this
division''; and
(B) in paragraph (2), by striking ``by section 102'' and
inserting ``for Amtrak'';
(6) in subsection (g), by inserting ``, unless that debt
receives credit assistance, including direct loans and loan
guarantees, under chapter 6 of title 23, United States Code
or title V of the Railroad Revitalization and Regulatory Act
of 1976 (45 U.S.C. 821 et seq.)'' after ``Secretary''; and
(7) by striking subsection (h).
SEC. 35212. AMTRAK PILOT PROGRAM FOR PASSENGERS TRANSPORTING
DOMESTICATED CATS AND DOGS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, Amtrak shall develop a pilot program
that allows passengers to transport domesticated cats or dogs
on certain trains operated by Amtrak.
(b) Pet Policy.--In developing the pilot program required
under subsection (a), Amtrak shall--
(1) in the case of a passenger train that is comprised of
more than 1 car, designate, where feasible, at least 1 car in
which a ticketed passenger may transport a domesticated cat
or dog in the same manner as carry-on baggage if--
(A) the cat or dog is contained in a pet kennel;
(B) the pet kennel complies with Amtrak size requirements
for carriage of carry-on baggage;
(C) the passenger is traveling on a train operating on a
route described in subparagraph (A), (B), or (D) of section
24102(6) of title 49, United States Code; and
(D) the passenger pays a fee described in paragraph (3);
(2) allow a ticketed passenger to transport a domesticated
cat or dog on a train in the same manner as cargo if--
(A) the cat or dog is contained in a pet kennel;
(B) the pet kennel is stowed in accordance with Amtrak
requirements for cargo stowage;
(C) the passenger is traveling on a train operating on a
route described in subparagraph (A), (B), or (D) of section
24102(6) of title 49, United States Code;
(D) the cargo area is temperature controlled in a manner
protective of cat and dog safety and health; and
(E) the passenger pays a fee described in paragraph (3);
and
(3) collect fees for each cat or dog transported by a
ticketed passenger in an amount that, in the aggregate and at
a minimum, covers the full costs of the pilot program.
(c) Report.--Not later than 1 year after the pilot program
required under subsection (a) is first implemented, Amtrak
shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing an evaluation of the
pilot program.
(d) Limitation on Statutory Construction.--
(1) Service animals.--The pilot program under subsection
(a) shall be separate from and in addition to the policy
governing Amtrak passengers traveling with service animals.
Nothing in this section may be interpreted to limit or waive
the rights of passengers to transport service animals.
(2) Additional train cars.--Nothing in this section may be
interpreted to require Amtrak to add additional train cars or
modify existing train cars.
(3) Federal funds.--No Federal funds may be used to
implement the pilot program required under this section.
SEC. 35213. AMTRAK BOARD OF DIRECTORS.
(a) In General.--Section 24302(a) is amended to read as
follows:
``(a) Composition and Terms.--
``(1) In general.--The Amtrak Board of Directors (referred
to in this section as the `Board') is composed of the
following 9 directors, each of whom must be a citizen of the
United States:
``(A) The Secretary of Transportation.
``(B) The President of Amtrak.
``(C) 7 individuals appointed by the President of the
United States, by and with the advice and consent of the
Senate, with general business and financial experience,
experience or qualifications in transportation, freight and
passenger rail transportation, travel, hospitality, or
passenger air transportation businesses, or representatives
of employees or users of passenger rail transportation or a
State government.
``(2) Selection.--In selecting individuals described in
paragraph (1)(C) for nominations for appointments to the
Board, the President shall consult with the Speaker of the
House of Representatives, the minority leader of the House of
Representatives, the majority leader of the Senate, and the
minority leader of the Senate. The individuals appointed to
the Board under paragraph (1)(C) shall be composed of the
following;
``(A) 2 individuals from the Northeast Corridor.
``(B) 4 individuals from regions of the country outside of
the Northeast Corridor and geographically distributed with--
``(i) 2 individuals from States with long-distance routes
operated by Amtrak; and
``(ii) 2 individuals from States with State-supported
routes operated by Amtrak.
[[Page S5634]]
``(C) 1 individual from the Northeast Corridor or a State
with long-distance or State-supported routes.
``(3) Term.--An individual appointed under paragraph (1)(C)
shall be appointed for a term of 5 years. The term may be
extended until the individual's successor is appointed and
qualified. Not more than 4 individuals appointed under
paragraph (1)(C) may be members of the same political party.
``(4) Chairperson and vice chairperson.--The Board shall
elect a chairperson and vice chairperson, other than the
President of Amtrak, from among its membership. The vice
chairperson shall serve as chairperson in the absence of the
chairperson.
``(5) Secretary's designee.--The Secretary may be
represented at Board meetings by the Secretary's designee.''.
(b) Rule of Construction.--Nothing in this section shall be
construed as affecting the term of any director serving on
the Amtrak Board of Directors under section 24302(a)(1)(C) of
title 49, United States Code, on the day preceding the date
of enactment of this Act.
SEC. 35214. AMTRAK BOARDING PROCEDURES.
(a) Report.--Not later than 6 months after the date of
enactment of this Act, the Amtrak Office of Inspector General
shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that--
(1) evaluates Amtrak's boarding procedures for passengers,
including passengers using or transporting nonmotorized
transportation, such as wheelchairs and bicycles, at its 15
stations through which the most people pass;
(2) compares Amtrak's boarding procedures to--
(A) commuter railroad boarding procedures at stations
shared with Amtrak;
(B) international intercity passenger rail boarding
procedures; and
(C) fixed guideway transit boarding procedures; and
(3) makes recommendations, as appropriate, in consultation
with the Transportation Security Administration, to improve
Amtrak's boarding procedures, including recommendations
regarding the queuing of passengers and free-flow of all
station users and facility improvements needed to achieve the
recommendations.
(b) Consideration of Recommendations.--Not later than 6
months after the report is submitted under subsection (a),
Amtrak shall consider each recommendation provided under
subsection (a)(3) for implementation at appropriate locations
across the Amtrak system.
Subtitle C--Intercity Passenger Rail Policy
SEC. 35301. COMPETITIVE OPERATING GRANTS.
(a) In General.--Chapter 244 is amended--
(1) by striking section 24406; and
(2) by inserting after section 24405 the following:
``Sec. 24406. Competitive operating grants
``(a) Applicant Defined.--In this section, the term
`applicant' means--
``(1) a State;
``(2) a group of States;
``(3) an Interstate Compact;
``(4) a public agency or publicly chartered authority
established by 1 or more States and having responsibility for
providing intercity rail passenger transportation or commuter
rail passenger transportation;
``(5) a political subdivision of a State;
``(6) Amtrak or another rail passenger carrier that
provides intercity rail passenger transportation;
``(7) Any rail carrier in partnership with at least 1 of
the entities described in paragraphs (1) through (5); and
``(8) any combination of the entities described in
paragraphs (1) through (7).
``(b) Grants Authorized.--The Secretary of Transportation
shall develop and implement a program for issuing 3-year
operating assistance grants to applicants, on a competitive
basis, for the purpose of initiating, restoring, or enhancing
intercity rail passenger service.
``(c) Application.--An applicant for a grant under this
section shall submit to the Secretary--
``(1) a capital and mobilization plan that--
``(A) describes any capital investments, service planning
actions (such as environmental reviews), and mobilization
actions (such as qualification of train crews) required for
initiation of service; and
``(B) includes the timeline for undertaking and completing
each of the investments and actions referred to in
subparagraph (A);
``(2) an operating plan that describes the planned
operation of the service, including--
``(A) the identity and qualifications of the train
operator;
``(B) the identity and qualifications of any other service
providers;
``(C) service frequency;
``(D) the planned routes and schedules;
``(E) the station facilities that will be utilized;
``(F) projected ridership, revenues, and costs;
``(G) descriptions of how the projections under
subparagraph (F) were developed;
``(H) the equipment that will be utilized, how such
equipment will be acquired or refurbished, and where such
equipment will be maintained; and
``(I) a plan for ensuring safe operations and compliance
with applicable safety regulations;
``(3) a funding plan that--
``(A) describes the funding of initial capital costs and
operating costs for the first 3 years of operation;
``(B) includes a commitment by the applicant to provide the
funds described in subparagraph (A) to the extent not covered
by Federal grants and revenues; and
``(C) describes the funding of operating costs and capital
costs, to the extent necessary, after the first 3 years of
operation; and
``(4) a description of the status of negotiations and
agreements with--
``(A) each of the railroads or regional transportation
authorities whose tracks or facilities would be utilized by
the service;
``(B) the anticipated rail passenger carrier, if such
entity is not part of the applicant group; and
``(C) any other service providers or entities expected to
provide services or facilities that will be used by the
service, including any required access to Amtrak systems,
stations, and facilities if Amtrak is not part of the
applicant group.
``(d) Priorities.--In awarding grants under this section,
the Secretary shall give priority to applications--
``(1) for which planning, design, any environmental
reviews, negotiation of agreements, acquisition of equipment,
construction, and other actions necessary for initiation of
service have been completed or nearly completed;
``(2) that would restore service over routes formerly
operated by Amtrak, including routes with international
connections;
``(3) that would provide daily or daytime service over
routes where such service did not previously exist;
``(4) that include private funding (including funding from
railroads), and funding or other significant participation by
State, local, and regional governmental and private entities;
``(5) that include a funding plan that demonstrates the
intercity rail passenger service will be financially
sustainable beyond the 3-year grant period;
``(6) that would provide service to regions and communities
that are underserved or not served by other intercity public
transportation;
``(7) that would foster economic development, particularly
in rural communities and for disadvantaged populations;
``(8) that would provide other non-transportation benefits;
and
``(9) that would enhance connectivity and geographic
coverage of the existing national network of intercity
passenger rail service.
``(e) Limitations.--
``(1) Duration.--Federal operating assistance grants
authorized under this section for any individual intercity
rail passenger transportation route may not provide funding
for more than 3 years and may not be renewed.
``(2) Limitation.--Not more than 6 of the operating
assistance grants awarded pursuant to subsection (b) may be
simultaneously active.
``(3) Maximum funding.--Grants described in paragraph (1)
may not exceed--
``(A) 80 percent of the projected net operating costs for
the first year of service;
``(B) 60 percent of the projected net operating costs for
the second year of service; and
``(C) 40 percent of the projected net operating costs for
the third year of service.
``(f) Use With Capital Grants and Other Federal Funding.--A
recipient of an operating assistance grant under subsection
(b) may use that grant in combination with other grants
awarded under this chapter or any other Federal funding that
would benefit the applicable service.
``(g) Availability.--Amounts appropriated for carrying out
this section shall remain available until expended.
``(h) Coordination With Amtrak.--If the Secretary awards a
grant under this section to a rail passenger carrier other
than Amtrak, Amtrak may be required under section 24711(c)(1)
of this title to provide access to its reservation system,
stations, and facilities that are directly related to
operations to such carrier, to the extent necessary to carry
out the purposes of this section. The Secretary may award an
appropriate portion of the grant to Amtrak as compensation
for this access.
``(i) Conditions.--
``(1) Grant agreement.--The Secretary shall require grant
recipients under this section to enter into a grant agreement
that requires them to provide similar information regarding
the route performance, financial, and ridership projections,
and capital and business plans that Amtrak is required to
provide, and such other data and information as the Secretary
deems necessary.
``(2) Installments; termination.--The Secretary may--
``(A) award grants under this section in installments, as
the Secretary considers appropriate; and
``(B) terminate any grant agreement upon--
``(i) the cessation of service; or
``(ii) the violation of any other term of the grant
agreement.
``(3) Grant conditions.--Except as specifically provided in
this section, the use of any amounts appropriated for grants
under this section shall be subject to the requirements under
this chapter.
``(j) Report.--Not later than 4 years after the date of
enactment of the Railroad Reform, Enhancement, and Efficiency
Act, the Secretary, after consultation with grant recipients
under this section, shall submit a report to Congress that
describes--
[[Page S5635]]
``(1) the implementation of this section;
``(2) the status of the investments and operations funded
by such grants;
``(3) the performance of the routes funded by such grants;
``(4) the plans of grant recipients for continued operation
and funding of such routes; and
``(5) any legislative recommendations.''.
(b) Conforming Amendments.--Chapter 244 is amended--
(1) in the table of contents, by inserting after the item
relating to section 24405 the following:
``24406. Competitive operating grants.'';
(2) in the chapter title, by striking ``INTERCITY PASSENGER
RAIL SERVICE CORRIDOR CAPITAL'' and inserting ``RAIL CAPITAL
AND OPERATING'';
(3) in section 24401, by striking paragraph (1);
(4) in section 24402, by striking subsection (j) and
inserting the following:
``(j) Applicant Defined.--In this section, the term
`applicant' means a State (including the District of
Columbia), a group of States, an Interstate Compact, a public
agency or publicly chartered authority established by 1 or
more States and having responsibility for providing intercity
rail passenger transportation, or a political subdivision of
a State.''; and
(5) in section 24405--
(A) in subsection (b)--
(i) by inserting ``, or for which an operating grant is
issued under section 24406,'' after ``chapter''; and
(ii) in paragraph (2), by striking ``(43'' and inserting
``(45'';
(B) in subsection (d)(1), in the matter preceding
subparagraph (A), by inserting ``or unless Amtrak ceased
providing intercity passenger railroad transportation over
the affected route more than 3 years before the commencement
of new service'' after ``unless such service was provided
solely by Amtrak to another entity'';
(C) in subsection (f), by striking ``under this chapter for
commuter rail passenger transportation, as defined in section
24012(4) of this title.'' and inserting ``under this chapter
for commuter rail passenger transportation (as defined in
section 24102(3)).''; and
(D) by adding at the end the following:
``(g) Special Transportation Circumstances.--In carrying
out this chapter, the Secretary shall allocate an appropriate
portion of the amounts available under this chapter to
provide grants to States--
``(1) in which there is no intercity passenger rail
service, for the purpose of funding freight rail capital
projects that are on a State rail plan developed under
chapter 227 that provide public benefits (as defined in
chapter 227), as determined by the Secretary; or
``(2) in which the rail transportation system is not
physically connected to rail systems in the continental
United States or may not otherwise qualify for a grant under
this section due to the unique characteristics of the
geography of that State or other relevant considerations, for
the purpose of funding transportation-related capital
projects.''.
SEC. 35302. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD
REPAIR.
(a) Amendment.--Chapter 244 is amended by inserting after
section 24406, as added by section 5301 of this Act, the
following:
``Sec. 24407. Federal-State partnership for state of good
repair
``(a) Definitions.--In this section:
``(1) Applicant.--The term `applicant' means--
``(A) a State (including the District of Columbia);
``(B) a group of States;
``(C) an Interstate Compact;
``(D) a public agency or publicly chartered authority
established by 1 or more States that has responsibility for
providing intercity rail passenger transportation or commuter
rail passenger transportation;
``(E) a political subdivision of a State;
``(F) Amtrak, acting on its own behalf or under a
cooperative agreement with 1 or more States; or
``(G) any combination of the entities described in
subparagraphs (A) through (F).
``(2) Capital project.--The term `capital project' means--
``(A) a project primarily intended to replace,
rehabilitate, or repair major infrastructure assets utilized
for providing intercity passenger rail service, including
tunnels, bridges, stations, and other assets, as determined
by the Secretary; or
``(B) a project primarily intended to improve intercity
passenger rail performance, including reduced trip times,
increased train frequencies, higher operating speeds, and
other improvements, as determined by the Secretary.
``(3) Northeast corridor.--The term `Northeast Corridor'
means--
``(A) the main rail line between Boston, Massachusetts and
the Virginia Avenue interlocking in the District of Columbia;
and
``(B) the branch rail lines connecting to Harrisburg,
Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil,
New York.
``(4) Qualified railroad asset.--The term `qualified
railroad asset' means infrastructure, equipment, or a
facility that--
``(A) is owned or controlled by an eligible applicant; and
``(B) was not in a state of good repair on the date of
enactment of the Railroad Reform, Enhancement, and Efficiency
Act.
``(b) Grant Program Authorized.--The Secretary of
Transportation shall develop and implement a program for
issuing grants to applicants, on a competitive basis, to fund
capital projects that reduce the state of good repair backlog
on qualified railroad assets.
``(c) Eligible Projects.--Projects eligible for grants
under this section include capital projects to replace or
rehabilitate qualified railroad assets, including--
``(1) capital projects to replace existing assets in-kind;
``(2) capital projects to replace existing assets with
assets that increase capacity or provide a higher level of
service; and
``(3) capital projects to ensure that service can be
maintained while existing assets are brought to a state of
good repair.
``(d) Project Selection Criteria.--In selecting an
applicant for a grant under this section, the Secretary
shall--
``(1) give preference to eligible projects--
``(A) that are consistent with the goals, objectives, and
policies defined in any regional rail planning document that
is applicable to a project proposal; and
``(B) for which the proposed Federal share of total project
costs does not exceed 50 percent; and
``(2) take into account--
``(A) the cost-benefit analysis of the proposed project,
including anticipated private and public benefits relative to
the costs of the proposed project, including--
``(i) effects on system and service performance;
``(ii) effects on safety, competitiveness, reliability,
trip or transit time, and resilience;
``(iii) efficiencies from improved integration with other
modes; and
``(iv) ability to meet existing or anticipated demand;
``(B) the degree to which the proposed project's business
plan considers potential private sector participation in the
financing, construction, or operation of the proposed
project;
``(C) the applicant's past performance in developing and
delivering similar projects, and previous financial
contributions;
``(D) whether the applicant has, or will have--
``(i) the legal, financial, and technical capacity to carry
out the project;
``(ii) satisfactory continuing control over the use of the
equipment or facilities; and
``(iii) the capability and willingness to maintain the
equipment or facilities;
``(E) if applicable, the consistency of the project with
planning guidance and documents set forth by the Secretary or
required by law; and
``(F) any other relevant factors, as determined by the
Secretary.
``(e) Planning Requirements.--A project is not eligible for
a grant under this section unless the project is specifically
identified--
``(1) on a State rail plan prepared in accordance with
chapter 227; or
``(2) if the project is located on the Northeast Corridor,
on the Northeast Corridor Capital Investment Plan developed
pursuant to section 24904(a).
``(f) Northeast Corridor Projects.--
``(1) Compliance with usage agreements.--Grant funds may
not be provided under this section to an eligible recipient
for an eligible project located on the Northeast Corridor
unless Amtrak and the public authorities providing commuter
rail passenger transportation on the Northeast Corridor are
in compliance with section 24905(c)(2).
``(2) Capital investment plan.--When selecting projects
located on the Northeast Corridor, the Secretary shall
consider the appropriate sequence and phasing of projects as
contained in the Northeast Corridor Capital Investment Plan
developed pursuant to section 24904(a).
``(g) Federal Share of Total Project Costs.--
``(1) Total project cost.--The Secretary shall estimate the
total cost of a project under this section based on the best
available information, including engineering studies, studies
of economic feasibility, environmental analyses, and
information on the expected use of equipment or facilities.
``(2) Federal share.--The Federal share of total costs for
a project under this subsection shall not exceed 80 percent.
``(3) Treatment of amtrak revenue.--If Amtrak or another
rail passenger carrier is an applicant under this section,
Amtrak or the other rail passenger carrier, as applicable,
may use ticket and other revenues generated from its
operations and other sources to satisfy the non-Federal share
requirements.
``(h) Letters of Intent.--
``(1) In general.--The Secretary may issue a letter of
intent to a grantee under this section that--
``(A) announces an intention to obligate, for a major
capital project under this section, an amount from future
available budget authority specified in law that is not more
than the amount stipulated as the financial participation of
the Secretary in the project; and
``(B) states that the contingent commitment--
``(i) is not an obligation of the Federal Government; and
``(ii) is subject to the availability of appropriations
under Federal law and to Federal laws in force or enacted
after the date of the contingent commitment.
``(2) Congressional notification.--
``(A) In general.--Not later than 30 days before issuing a
letter under paragraph (1), the Secretary shall submit
written notification to--
[[Page S5636]]
``(i) the Committee on Commerce, Science, and
Transportation of the Senate;
``(ii) the Committee on Appropriations of the Senate;
``(iii) the Committee on Transportation and Infrastructure
of the House of Representatives; and
``(iv) the Committee on Appropriations of the House of
Representatives.
``(B) Contents.--The notification submitted pursuant to
subparagraph (A) shall include--
``(i) a copy of the proposed letter or agreement;
``(ii) the criteria used under subsection (d) for selecting
the project for a grant award; and
``(iii) a description of how the project meets such
criteria.
``(3) Appropriations required.--An obligation or
administrative commitment may be made under this section only
when amounts are appropriated for such purpose.
``(i) Availability.--Amounts appropriated for carrying out
this section shall remain available until expended.
``(j) Grant Conditions.--Except as specifically provided in
this section, the use of any amounts appropriated for grants
under this section shall be subject to the requirements under
this chapter.''.
(b) Conforming Amendment.--The table of contents for
chapter 244 is amended by inserting after the item relating
to section 24406 the following:
``24407. Federal-State partnership for state of good repair.''.
SEC. 35303. LARGE CAPITAL PROJECT REQUIREMENTS.
Section 24402 is amended by adding at the end the
following:
``(m) Large Capital Project Requirements.--
``(1) In general.--For a grant awarded under this chapter
for an amount in excess of $1,000,000,000, the following
conditions shall apply:
``(A) The Secretary of Transportation may not obligate any
funding unless the applicant demonstrates, to the
satisfaction of the Secretary, that the applicant has
committed, and will be able to fulfill, the non-Federal share
required for the grant within the applicant's proposed
project completion timetable.
``(B) The Secretary may not obligate any funding for work
activities that occur after the completion of final design
unless--
``(i) the applicant submits a financial plan to the
Secretary that generally identifies the sources of the non-
Federal funding required for any subsequent segments or
phases of the corridor service development program covering
the project for which the grant is awarded;
``(ii) the grant will result in a useable segment, a
transportation facility, or equipment, that has operational
independence or is financially sustainable; and
``(iii) the intercity passenger rail benefits anticipated
to result from the grant, such as increased speed, improved
on-time performance, reduced trip time, increased
frequencies, new service, safety improvements, improved
accessibility, or other significant enhancements, are
detailed by the grantee and approved by the Secretary.
``(C)(i) The Secretary shall ensure that the project is
maintained to the level of utility that is necessary to
support the benefits approved under subparagraph (B)(iii) for
a period of 20 years from the date on which the useable
segment, transportation facility, or equipment described in
subparagraph (B)(ii) is placed in service.
``(ii) If the project property is not maintained as
required under clause (i) for a 12-month period, the grant
recipient shall refund a pro-rata share of the Federal
contribution, based upon the percentage remaining of the 20-
year period that commenced when the project property was
placed in service.
``(2) Early work.--The Secretary may allow a grantee
subject to this subsection to engage in at-risk work
activities subsequent to the conclusion of final design if
the Secretary determines that such work activities are
reasonable and necessary.''.
SEC. 35304. SMALL BUSINESS PARTICIPATION STUDY.
(a) Study.--The Secretary shall conduct a nationwide
disparity and availability study on the availability and use
of small business concerns owned and controlled by socially
and economically disadvantaged individuals and veteran-owned
small businesses in publicly funded intercity passenger rail
service projects.
(b) Report.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit a report
containing the results of the study conducted under
subsection (a) to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(c) Definitions.--In this section:
(1) Small business concern.--The term ``small business
concern'' has the meaning given such term in section 3 of the
Small Business Act (15 U.S.C. 632), except that the term does
not include any concern or group of concerns controlled by
the same socially and economically disadvantaged individual
or individuals that have average annual gross receipts during
the preceding 3 fiscal years in excess of $22,410,000, as
adjusted annually by the Secretary for inflation.
(2) Socially and economically disadvantaged individual.--
The term ``socially and economically disadvantaged
individual'' has the meaning given such term in section 8(d)
of the Small Business Act (15 U.S.C. 637(d)) and relevant
subcontracting regulations issued pursuant to such Act,
except that women shall be presumed to be socially and
economically disadvantaged individuals for purposes of this
section.
(3) Veteran-owned small business.--The term ``veteran-owned
small business'' has the meaning given the term ``small
business concern owned and controlled by veterans'' in
section 3(q)(3) of the Small Business Act (15 U.S.C.
632(q)(3)), except that the term does not include any concern
or group of concerns controlled by the same veterans that
have average annual gross receipts during the preceding 3
fiscal years in excess of $22,410,000, as adjusted annually
by the Secretary for inflation.
SEC. 35305. GULF COAST RAIL SERVICE WORKING GROUP.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall convene a working
group to evaluate the restoration of intercity rail passenger
service in the Gulf Coast region between New Orleans,
Louisiana, and Orlando, Florida.
(b) Membership.--The working group convened pursuant to
subsection (a) shall consist of representatives of--
(1) the Federal Railroad Administration, which shall serve
as chair of the working group;
(2) Amtrak;
(3) the States along the proposed route or routes;
(4) regional transportation planning organizations and
metropolitan planning organizations, municipalities, and
communities along the proposed route or routes, which shall
be selected by the Administrator;
(5) the Southern Rail Commission;
(6) freight railroad carriers whose tracks may be used for
such service; and
(7) other entities determined appropriate by the Secretary,
which may include independent passenger rail operators that
express an interest in Gulf Coast service.
(c) Responsibilities.--The working group shall--
(1) evaluate all options for restoring intercity rail
passenger service in the Gulf Coast region, including options
outlined in the report transmitted to Congress pursuant to
section 226 of the Passenger Rail Investment and Improvement
Act of 2008 (division B of Public Law 110-432);
(2) select a preferred option for restoring such service;
(3) develop a prioritized inventory of capital projects and
other actions required to restore such service and cost
estimates for such projects or actions; and
(4) identify Federal and non-Federal funding sources
required to restore such service, including options for
entering into public-private partnerships to restore such
service.
(d) Report.--Not later than 9 months after the date of
enactment of this Act, the working group shall submit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that includes--
(1) the preferred option selected under subsection (c)(2)
and the reasons for selecting such option;
(2) the information described in subsection (c)(3);
(3) the funding sources identified under subsection (c)(4);
(4) the costs and benefits of restoring intercity rail
passenger transportation in the region; and
(5) any other information the working group determines
appropriate.
SEC. 35306. INTEGRATED PASSENGER RAIL WORKING GROUP.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall convene a working
group to review issues relating to--
(1) the potential operation of State-supported routes by
rail passenger carriers other than Amtrak; and
(2) their role in establishing an integrated intercity
passenger rail network in the United States.
(b) Membership.--The working group shall consist of a
balanced representation of--
(1) the Federal Railroad Administration, who shall chair
the Working Group;
(2) States that fund State-sponsored routes;
(3) independent passenger rail operators, including those
that carry at least 5,000,000 passengers annually in United
States or international rail service;
(4) Amtrak;
(5) railroads that host intercity State-supported routes;
(6) employee representatives from railroad unions and
building trade unions with substantial engagement in railroad
rights of way construction and maintenance; and
(7) other entities determined appropriate by the Secretary.
(c) Responsibilities.--The working group shall evaluate
options for improving State-supported routes and may make
recommendations, as appropriate, regarding--
(1) best practices for State or State authority governance
of State-supported routes;
(2) future sources of Federal and non-Federal funding
sources for State-supported routes;
(3) best practices in obtaining passenger rail operations
and services on a competitive
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basis with the objective of creating the highest quality
service at the lowest cost to the taxpayer;
(4) ensuring potential interoperability of State-supported
routes as a part of a national network with multiple
providers providing integrated services including ticketing,
scheduling, and route planning; and
(5) the interface between State-supported routes and
connecting commuter rail operations, including maximized
intra-modal and intermodal connections and common sources of
funding for capital projects.
(d) Meetings.--Not later than 60 days after the
establishment of the working group by the Secretary under
subsection (a), the working group shall convene an
organizational meeting outside of the District of Columbia
and shall define the rules and procedures governing the
proceedings of the working group. The working group shall
hold at least 3 meetings per year in States that fund State-
supported routes.
(e) Reports.--
(1) Preliminary report.--Not later than 1 year after the
date the working group is established, the working group
shall submit a preliminary report to the Secretary, the
Governors of States funding State-supported routes, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives that
includes--
(A) administrative recommendations that can be implemented
by a State and State authority or by the Secretary; and
(B) preliminary legislative recommendations.
(2) Final legislative recommendations.--Not later than 2
years after the date the working group is established, the
working group shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives that includes final legislative
recommendations.
SEC. 35307. SHARED-USE STUDY.
(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with
Amtrak, commuter rail authorities, and other passenger rail
operators, railroad carriers that own rail infrastructure
over which both passenger and freight trains operate, States,
the Surface Transportation Board, the Northeast Corridor
Commission established under section 24905, the State-
Supported Route Committee established under section 24712,
and groups representing rail passengers and customers, as
appropriate, shall complete a study that evaluates--
(1) the shared use of right-of-way by passenger and freight
rail systems; and
(2) the operational, institutional, and legal structures
that would best support improvements to the systems referred
to in paragraph (1).
(b) Areas of Study.--In conducting the study under
subsection (a), the Secretary shall evaluate--
(1) the access and use of railroad right-of-way by a rail
carrier that does not own the right-of-way, such as passenger
rail services that operate over privately-owned right-of-way,
including an analysis of--
(A) access agreements;
(B) costs of access; and
(C) the resolution of disputes relating to such access or
costs;
(2) the effectiveness of existing contractual, statutory,
and regulatory mechanisms for establishing, measuring, and
enforcing train performance standards, including--
(A) the manner in which passenger train delays are
recorded;
(B) the assignment of responsibility for such delays; and
(C) the use of incentives and penalties for performance;
(3) strengths and weaknesses in the existing mechanisms
described in paragraph (2) and possible approaches to address
the weaknesses;
(4) mechanisms for measuring and maintaining public
benefits resulting from publicly funded freight or passenger
rail improvements, including improvements directed towards
shared-use right-of-way by passenger and freight rail;
(5) approaches to operations, capacity, and cost estimation
modeling that--
(A) allows for transparent decisionmaking; and
(B) protects the proprietary interests of all parties;
(6) liability requirements and arrangements, including--
(A) whether to expand statutory liability limits to
additional parties;
(B) whether to revise the current statutory liability
limits;
(C) whether current insurance levels of passenger rail
operators are adequate and whether to establish minimum
insurance requirements for such passenger rail operators; and
(D) whether to establish a liability regime modeled after
section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210);
(7) the effect on rail passenger services, operations,
liability limits and insurance levels of the assertion of
sovereign immunity by a State; and
(8) other issues identified by the Secretary.
(c) Report.--Not later than 60 days after the study under
subsection (a) is complete, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that includes--
(1) the results of the study; and
(2) any recommendations for further action, including any
legislative proposals consistent with such recommendations.
(d) Implementation.--The Secretary shall integrate the
recommendations submitted under subsection (c) into its
financial assistance programs under subtitle V of title 49,
United States Code, and section 502 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
822), as appropriate.
SEC. 35308. NORTHEAST CORRIDOR COMMISSION.
(a) Composition.--Section 24905(a) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by inserting
``, infrastructure investments,'' after ``rail operations'';
(B) by amending subparagraph (B) to read as follows:
``(B) members representing the Department of
Transportation, including the Office of the Secretary, the
Federal Railroad Administration, and the Federal Transit
Administration;''; and
(C) in subparagraph (D) by inserting ``and commuter'' after
``freight''; and
(2) by amending paragraph (6) to read as follows:
``(6) The members of the Commission shall elect co-chairs
consisting of 1 member described in paragraph (1)(B) and 1
member described in paragraph (1)(C).''.
(b) Statement of Goals and Recommendations.--Section
24905(b) is amended--
(1) in paragraph (1), by inserting ``and periodically
update'' after ``develop'';
(2) in paragraph (2)(A), by striking ``beyond those
specified in the state of good repair plan under section 211
of the Passenger Rail Investment and Improvement Act of
2008''; and
(3) by adding at the end the following:
``(3) Submission of statement of goals, recommendations,
and performance reports.--The Commission shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives--
``(A) any updates made to the statement of goals developed
under paragraph (1) not later than 60 days after such updates
are made; and
``(B) annual performance reports and recommendations for
improvements, as appropriate, issued not later than March 31
of each year, for the prior fiscal year, which summarize--
``(i) the operations and performance of commuter,
intercity, and freight rail transportation along the
Northeast Corridor; and
``(ii) the delivery of the capital plan described in
section 24904.''.
(c) Cost Allocation Policy.--Section 24905(c) is amended--
(1) in the subsection heading, by striking ``Access Costs''
and inserting ``Allocation of Costs'';
(2) in paragraph (1)--
(A) in the paragraph heading, by striking ``formula'' and
inserting ``policy'';
(B) in the matter preceding subparagraph (A), by striking
``Within 2 years after the date of enactment of the Passenger
Rail Investment and Improvement Act of 2008, the Commission''
and inserting ``The Commission'';
(C) in subparagraph (A), by striking ``formula'' and
inserting ``policy''; and
(D) by striking subparagraph (B) through (D) and inserting
the following:
``(B) develop a proposed timetable for implementing the
policy;
``(C) submit the policy and timetable developed under
subparagraph (B) to the Surface Transportation Board, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives;
``(D) not later than October 1, 2015, adopt and implement
the policy in accordance with the timetable; and
``(E) with the consent of a majority of its members, the
Commission may petition the Surface Transportation Board to
appoint a mediator to assist the Commission members through
nonbinding mediation to reach an agreement under this
section.'';
(3) in paragraph (2)--
(A) by striking ``formula proposed in'' and inserting
``policy developed under''; and
(B) in the second sentence--
(i) by striking ``the timetable, the Commission shall
petition the Surface Transportation Board to'' and inserting
``paragraph (1)(D) or fail to comply with the policy
thereafter, the Surface Transportation Board shall''; and
(ii) by striking ``amounts for such services in accordance
with section 24904(c) of this title'' and inserting ``for
such usage in accordance with the procedures and procedural
schedule applicable to a proceeding under section 24903(c),
after taking into consideration the policy developed under
paragraph (1)(A), as applicable'';
(4) in paragraph (3), by striking ``formula'' and inserting
``policy''; and
(5) by adding at the end the following:
``(4) Request for dispute resolution.--If a dispute arises
with the implementation of, or compliance with, the policy
developed under paragraph (1), the Commission, Amtrak, or
public authorities providing commuter rail passenger
transportation on the Northeast Corridor may request that the
[[Page S5638]]
Surface Transportation Board conduct dispute resolution. The
Surface Transportation Board shall establish procedures for
resolution of disputes brought before it under this
paragraph, which may include the provision of professional
mediation services.''.
(d) Conforming Amendments.--Section 24905 is amended--
(1) by striking subsection (d);
(2) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively;
(3) in subsection (d), as redesignated, by striking ``to
the Commission such sums as may be necessary for the period
encompassing fiscal years 2009 through 2013 to carry out this
section'' and inserting ``to the Secretary for the use of the
Commission and the Northeast Corridor Safety Committee such
sums as may be necessary to carry out this section during
fiscal year 2016 through 2019, in addition to amounts
withheld under section 35101(e) of the Railroad Reform,
Enhancement, and Efficiency Act''; and
(4) in subsection (e)(2), as redesignated, by striking ``on
the main line.'' and inserting ``on the main line and meet
annually with the Commission on the topic of Northeast
Corridor safety and security.''.
(e) Northeast Corridor Planning.--
(1) Amendment.--Chapter 249 is amended--
(A) by redesignating section 24904 as section 24903; and
(B) by inserting after section 24903, as redesignated, the
following:
``Sec. 24904. Northeast Corridor planning
``(a) Northeast Corridor Capital Investment Plan.--
``(1) Requirement.--Not later than May 1 of each year, the
Northeast Corridor Commission established under section 24905
(referred to in this section as the `Commission') shall--
``(A) develop a capital investment plan for the Northeast
Corridor main line between Boston, Massachusetts, and the
Virginia Avenue interlocking in the District of Columbia, and
the Northeast Corridor branch lines connecting to Harrisburg,
Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil,
New York, including the facilities and services used to
operate and maintain those lines; and
``(B) submit the capital investment plan to the Secretary
of Transportation and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
``(2) Contents.--The capital investment plan shall--
``(A) reflect coordination and network optimization across
the entire Northeast Corridor;
``(B) integrate the individual capital and service plans
developed by each operator using the methods described in the
cost allocation policy developed under section 24905(c);
``(C) cover a period of 5 fiscal years, beginning with the
first fiscal year after the date on which the plan is
completed;
``(D) notwithstanding section 24902(b), identify,
prioritize, and phase the implementation of projects and
programs to achieve the service outcomes identified in the
Northeast Corridor service development plan and the asset
condition needs identified in the Northeast Corridor asset
management plans, once available, and consider--
``(i) the benefits and costs of capital investments in the
plan;
``(ii) project and program readiness;
``(iii) the operational impacts; and
``(iv) funding availability;
``(E) categorize capital projects and programs as primarily
associated with;
``(i) normalized capital replacement and basic
infrastructure renewals;
``(ii) replacement or rehabilitation of major Northeast
Corridor infrastructure assets, including tunnels, bridges,
stations, and other assets;
``(iii) statutory, regulatory, or other legal mandates;
``(iv) improvements to support service enhancements or
growth; or
``(v) strategic initiatives that will improve overall
operational performance or lower costs;
``(F) identify capital projects and programs that are
associated with more than 1 category described in
subparagraph (E);
``(G) describe the anticipated outcomes of each project or
program, including an assessment of--
``(i) the potential effect on passenger accessibility,
operations, safety, reliability, and resiliency;
``(ii) the ability of infrastructure owners and operators
to meet regulatory requirements if the project or program is
not funded; and
``(iii) the benefits and costs; and
``(H) include a financial plan.
``(3) Financial plan.--The financial plan under paragraph
(2)(H) shall--
``(A) identify funding sources and financing methods;
``(B) identify the expected allocated shares of costs
pursuant to the cost allocation policy developed under
section 24905(c);
``(C) identify the projects and programs that the
Commission expects will receive Federal financial assistance;
and
``(D) identify the eligible entity or entities that the
Commission expects will receive the Federal financial
assistance described under subparagraph (C).
``(b) Failure To Develop a Capital Investment Plan.--If a
capital investment plan has not been developed by the
Commission for a given fiscal year, then the funds assigned
to the account established under section 24319(b) for that
fiscal year may be spent only on--
``(1) capital projects described in clause (i) or (iii) of
subsection (a)(2)(E) of this section; or
``(2) capital projects described in subsection
(a)(2)(E)(iv) of this section that are for the sole benefit
of Amtrak.
``(c) Northeast Corridor Asset Management.--
``(1) Contents.--With regard to its infrastructure, Amtrak
and each State and public transportation entity that owns
infrastructure that supports or provides for intercity rail
passenger transportation on the Northeast Corridor shall
develop an asset management system and develop and update, as
necessary, a Northeast Corridor asset management plan for
each service territory described in subsection (a) that--
``(A) are consistent with the Federal Transit
Administration process, as authorized under section 5326,
when implemented; and
``(B) include, at a minimum--
``(i) an inventory of all capital assets owned by the
developer of the asset management plan;
``(ii) an assessment of asset condition;
``(iii) a description of the resources and processes
necessary to bring or maintain those assets in a state of
good repair, including decision-support tools and investment
prioritization methods; and
``(iv) a description of changes in asset condition since
the previous version of the plan.
``(2) Transmittal.--Each entity described in paragraph (1)
shall transmit to the Commission--
``(A) not later than 2 years after the date of enactment of
the Railroad Reform, Enhancement, and Efficiency Act, its
Northeast Corridor asset management plan developed under
paragraph (1); and
``(B) at least biennial thereafter, an update to its
Northeast Corridor asset management plan.
``(d) Northeast Corridor Service Development Plan
Updates.--Not less frequently than once every 10 years, the
Commission shall update the Northeast Corridor service
development plan.''.
(2) Conforming amendments.--
(A) Note and mortgage.--Section 24907(a) is amended by
striking ``section 24904 of this title'' and inserting
``section 24903''.
(B) Table of contents amendment.--The table of contents for
chapter 249 is amended--
(i) by redesignating the item relating to section 24904 as
relating to section 24903; and
(ii) by inserting after the item relating to section 24903,
as redesignated, the following:
``24904. Northeast Corridor planning.''.
(3) Repeal.--Section 211 of the Passenger Rail Investment
and Improvement Act of 2008 (division B of Public Law 110-
432; 49 U.S.C. 24902 note) is repealed.
SEC. 35309. NORTHEAST CORRIDOR THROUGH-TICKETING AND
PROCUREMENT EFFICIENCIES.
(a) Through-Ticketing Study.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Northeast Corridor Commission
established under section 24905(a) of title 49, United States
Code (referred to in this section as the ``Commission''), in
consultation with Amtrak and the commuter rail passenger
transportation providers along the Northeast Corridor shall
complete a study on the feasibility of and options for
permitting through-ticketing between Amtrak service and
commuter rail services on the Northeast Corridor.
(2) Contents.--In completing the study under paragraph (1),
the Northeast Corridor Commission shall--
(A) examine the current state of intercity and commuter
rail ticketing technologies, policies, and other relevant
aspects on the Northeast Corridor;
(B) consider and recommend technology, process, policy, or
other options that would permit through-ticketing to allow
intercity and commuter rail passengers to purchase, in a
single transaction, travel that utilizes Amtrak and
connecting commuter rail services;
(C) consider options to expand through-ticketing to include
local transit services;
(D) summarize costs, benefits, opportunities, and
impediments to developing such through-ticketing options; and
(E) develop a proposed methodology, including cost and
schedule estimates, for carrying out a pilot program on
through-ticketing on the Northeast Corridor.
(3) Report.--Not later than 60 days after the date the
study under paragraph (1) is complete, the Commission shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes--
(A) the results of the study; and
(B) any recommendations for further action.
(b) Joint Procurement Study.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in cooperation with the
Commission, Amtrak, and commuter rail transportation
authorities on the Northeast Corridor shall complete a study
of the potential benefits resulting from Amtrak and such
authorities undertaking select joint procurements for common
materials, assets, and equipment when expending Federal funds
for such purchases.
[[Page S5639]]
(2) Contents.--In completing the study under paragraph (1),
the Secretary shall consider--
(A) the types of materials, assets, and equipment that are
regularly purchased by Amtrak and such authorities that are
similar and could be jointly procured;
(B) the potential benefits of such joint procurements,
including lower procurement costs, better pricing, greater
market relevancy, and other efficiencies;
(C) the potential costs of such joint procurements;
(D) any significant impediments to undertaking joint
procurements, including any necessary harmonization and
reconciliation of Federal and State procurement or safety
regulations or standards and other requirements; and
(E) whether to create Federal incentives or requirements
relating to considering or carrying out joint procurements
when expending Federal funds.
(3) Transmission.--Not later than 60 days after completing
the study required under this subsection, the Secretary shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes--
(A) the results of the study; and
(B) any recommendations for further action.
(c) Northeast Corridor.--In this section, the term
``Northeast Corridor'' means the Northeast Corridor main line
between Boston, Massachusetts, and the Virginia Avenue
interlocking in the District of Columbia, and the Northeast
Corridor branch lines connecting to Harrisburg, Pennsylvania,
Springfield, Massachusetts, and Spuyten Duyvil, New York,
including the facilities and services used to operate and
maintain those lines.
SEC. 35310. DATA AND ANALYSIS.
(a) Data.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with
the Surface Transportation Board, Amtrak, freight railroads,
State and local governments, and regional business, tourism
and economic development agencies shall conduct a data needs
assessment--
(1) to support the development of an efficient and
effective intercity passenger rail network;
(2) to identify the data needed to conduct cost-effective
modeling and analysis for intercity passenger rail
development programs;
(3) to determine limitations to the data used for inputs;
(4) to develop a strategy to address such limitations;
(5) to identify barriers to accessing existing data;
(6) to develop recommendations regarding whether the
authorization of additional data collection for intercity
passenger rail travel is warranted; and
(7) to determine which entities will be responsible for
generating or collecting needed data.
(b) Benefit-Cost Analysis.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall
enhance the usefulness of assessments of benefits and costs,
for intercity passenger rail and freight rail projects--
(1) by providing ongoing guidance and training on
developing benefit and cost information for rail projects;
(2) by providing more direct and consistent requirements
for assessing benefits and costs across transportation
funding programs, including the appropriate use of discount
rates;
(3) by requiring applicants to clearly communicate the
methodology used to calculate the project benefits and costs,
including non-proprietary information on--
(A) assumptions underlying calculations;
(B) strengths and limitations of data used; and
(C) the level of uncertainty in estimates of project
benefits and costs; and
(4) by ensuring that applicants receive clear and
consistent guidance on values to apply for key assumptions
used to estimate potential project benefits and costs.
(c) Confidential Data.--The Secretary shall protect
sensitive or confidential to the greatest extent permitted by
law. Nothing in this section shall require any entity to
provide information to the Secretary in the absence of a
voluntary agreement.
SEC. 35311. PERFORMANCE-BASED PROPOSALS.
(a) Solicitation of Proposals.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall issue a request
for proposals for projects for the financing, design,
construction, operation, and maintenance of an intercity
passenger rail system, including--
(A) the Northeast Corridor;
(B) the California Corridor;
(C) the Empire Corridor;
(D) the Pacific Northwest Corridor;
(E) the South Central Corridor;
(F) the Gulf Coast Corridor;
(G) the Chicago Hub Network;
(H) the Florida Corridor;
(I) the Keystone Corridor;
(J) the Northern New England Corridor; and
(K) the Southeast Corridor.
(2) Submission.--Proposals shall be submitted to the
Secretary not later than 180 days after the publication of
such request for proposals under paragraph (1).
(3) Performance standard.--Proposals submitted under
paragraph (2) shall meet any standards established by the
Secretary. For corridors with existing intercity passenger
rail service, proposals shall also be designed to achieve a
reduction of existing minimum intercity rail service trip
times between the main corridor city pairs by a minimum of 25
percent. In the case of a proposal submitted with respect to
paragraph (1)(A), the proposal shall be designed to achieve a
2-hour or less express service between Washington, District
of Columbia, and New York City, New York.
(4) Contents.--A proposal submitted under this subsection
shall include--
(A) the names and qualifications of the persons submitting
the proposal and the entities proposed to finance, design,
construct, operate, and maintain the railroad, railroad
equipment, and related facilities, stations, and
infrastructure;
(B) a detailed description of the proposed rail service,
including possible routes, required infrastructure
investments and improvements, equipment needs and type, train
frequencies, peak and average operating speeds, and trip
times;
(C) a description of how the project would comply with all
applicable Federal rail safety and security laws, orders, and
regulations;
(D) the locations of proposed stations, which maximize the
usage of existing infrastructure to the extent possible, and
the populations such stations are intended to serve;
(E) the type of equipment to be used, including any
technologies, to achieve trip time goals;
(F) a description of any proposed legislation needed to
facilitate all aspects of the project;
(G) a financing plan identifying--
(i) projected revenue, and sources thereof;
(ii) the amount of any requested public contribution toward
the project, and proposed sources;
(iii) projected annual ridership projections for the first
10 years of operations;
(iv) annual operations and capital costs;
(v) the projected levels of capital investments required
both initially and in subsequent years to maintain a state-
of-good-repair necessary to provide the initially proposed
level of service or higher levels of service;
(vi) projected levels of private investment and sources
thereof, including the identity of any person or entity that
has made or is expected to make a commitment to provide or
secure funding and the amount of such commitment; and
(vii) projected funding for the full fair market
compensation for any asset, property right or interest, or
service acquired from, owned, or held by a private person or
Federal entity that would be acquired, impaired, or
diminished in value as a result of a project, except as
otherwise agreed to by the private person or entity;
(H) a description of how the project would contribute to
the development of the intercity passenger rail system and an
intermodal plan describing how the system will facilitate
convenient travel connections with other transportation
services;
(I) a description of how the project will ensure compliance
with Federal laws governing the rights and status of
employees associated with the route and service, including
those specified in section 24405 of title 49, United States
Code;
(J) a description of how the design, construction,
implementation, and operation of the project will accommodate
and allow for future growth of existing and projected
intercity, commuter, and freight rail service;
(K) a description of how the project would comply with
Federal and State environmental laws and regulations, of what
environmental impacts would result from the project, and of
how any adverse impacts would be mitigated; and
(L) a description of the project's impacts on highway and
aviation congestion, energy consumption, land use, and
economic development in the service area.
(b) Determination and Establishment of Commissions.--Not
later than 90 days after receipt of the proposals under
subsection (a), the Secretary shall--
(1) make a determination as to whether any such proposals--
(A) contain the information required under paragraphs (3)
and (4) of subsection (a);
(B) are sufficiently credible to warrant further
consideration;
(C) are likely to result in a positive impact on the
Nation's transportation system; and
(D) are cost-effective and in the public interest;
(2) establish a commission under subsection (c) for each
corridor with 1 or more proposals that the Secretary
determines satisfy the requirements of paragraph (1); and
(3) forward to each commission established under paragraph
(2) the applicable proposals for review and consideration.
(c) Commissions.--
(1) Members.--Each commission established under subsection
(b)(2) shall include--
(A) the governors of the affected States, or their
respective designees;
(B) mayors of appropriate municipalities with stops along
the proposed corridor, or their respective designees;
(C) a representative from each freight railroad carrier
using the relevant corridor, if applicable;
(D) a representative from each transit authority using the
relevant corridor, if applicable;
[[Page S5640]]
(E) representatives of nonprofit employee labor
organizations representing affected railroad employees; and
(F) the President of Amtrak or his or her designee.
(2) Appointment and selection.--The Secretary shall appoint
the members under paragraph (1). In selecting each
commission's members to fulfill the requirements under
subparagraphs (B) and (E) of paragraph (1), the Secretary
shall consult with the Chairperson and Ranking Member of the
Committee on Commerce, Science, and Transportation of the
Senate and of the Committee on Transportation and
Infrastructure of the House of Representatives.
(3) Chairperson and vice-chairperson selection.--The
Chairperson and Vice-Chairperson shall be elected from among
members of each commission.
(4) Quorum and vacancy.--
(A) Quorum.--A majority of the members of each commission
shall constitute a quorum.
(B) Vacancy.--Any vacancy in each commission shall not
affect its powers and shall be filled in the same manner in
which the original appointment was made.
(5) Application of law.--Except where otherwise provided by
this section, the Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to each commission created under this
section.
(d) Commission Consideration.--
(1) In general.--Each commission established under
subsection (b)(2) shall be responsible for reviewing the
proposal or proposals forwarded to it under that subsection
and not later than 90 days after the establishment of the
commission, shall transmit to the Secretary a report,
including--
(A) a summary of each proposal received;
(B) services to be provided under each proposal, including
projected ridership, revenues, and costs;
(C) proposed public and private contributions for each
proposal;
(D) the advantages offered by the proposal over existing
intercity passenger rail services;
(E) public operating subsidies or assets needed for the
proposed project;
(F) possible risks to the public associated with the
proposal, including risks associated with project financing,
implementation, completion, safety, and security;
(G) a ranked list of the proposals recommended for further
consideration under subsection (e) in accordance with each
proposal's projected positive impact on the Nation's
transportation system;
(H) an identification of any proposed Federal legislation
that would facilitate implementation of the projects and
Federal legislation that would be required to implement the
projects; and
(I) any other recommendations by the commission concerning
the proposed projects.
(2) Verbal presentation.--Proposers shall be given an
opportunity to make a verbal presentation to the commission
to explain their proposals.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary for the use of each
commission established under subsection (b)(2) such sums as
are necessary to carry out this section.
(e) Selection by Secretary.--
(1) In general.--Not later than 60 days after receiving the
recommended proposals of the commissions established under
subsection (b)(2), the Secretary shall--
(A) review such proposals and select any proposal that
provides substantial benefits to the public and the national
transportation system, is cost-effective, offers significant
advantages over existing services, and meets other relevant
factors determined appropriate by the Secretary; and
(B) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing any proposal with respect
to subsection (a)(1)(A) that is selected by the Secretary
under subparagraph (A) of this paragraph, all the information
regarding the proposal provided to the Secretary under
subsection (d), and any other information the Secretary
considers relevant.
(2) Subsequent report.--Following the submission of the
report under paragraph (1)(B), the Secretary shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report containing any
proposal with respect to subparagraphs (B) through (K) of
subsection (a)(1) that are selected by the Secretary under
paragraph (1) of this subsection, all the information
regarding the proposal provided to the Secretary under
subsection (d), and any other information the Secretary
considers relevant.
(3) Limitation on report submission.--The report required
under paragraph (2) shall not be submitted by the Secretary
until the report submitted under paragraph (1)(B) has been
considered through a hearing by the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives on the report submitted under paragraph
(1)(B).
(f) No Actions Without Additional Authority.--No Federal
agency may take any action to implement, establish,
facilitate, or otherwise act upon any proposal submitted
under this section, other than those actions specifically
authorized by this section, without explicit statutory
authority enacted after the date of enactment of this Act.
(g) Definitions.--In this section:
(1) Intercity passenger rail.--The term ``intercity
passenger rail'' means intercity rail passenger
transportation as defined in section 24102 of title 49,
United States Code.
(2) State.--The term ``State'' means any of the 50 States
or the District of Columbia.
SEC. 35312. AMTRAK INSPECTOR GENERAL.
(a) Authority.--
(1) In general.--The Inspector General of Amtrak shall have
the authority available to other Inspectors General, as
necessary in carrying out the duties specified in the
Inspector General Act of 1978 (5 U.S.C. App.), to investigate
any alleged violation of sections 286, 287, 371, 641, 1001,
1002 and 1516 of title 18, United States Code.
(2) Agency.--For purposes of sections 286, 287, 371, 641,
1001, 1002, and 1516 of title 18, United States Code, Amtrak
and the Amtrak Office of Inspector General, shall be
considered a corporation in which the United States has a
proprietary interest as set forth in section 6 of that title.
(b) Assessment.--The Inspector General of Amtrak shall--
(1) not later than 60 days after the date of enactment of
this Act, initiate an assessment to determine whether current
expenditures or procurements involving Amtrak's fulfillment
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) utilize competitive, market-driven provisions
that are applicable throughout the entire term of such
related expenditures or procurements; and
(2) not later than 6 months after the date of enactment of
this Act, transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives the assessment under paragraph (1).
(c) Limitation.--The authority provided by subsections (a)
and (b) shall be effective only with respect to a fiscal year
for which Amtrak receives a Federal subsidy.
SEC. 35313. MISCELLANEOUS PROVISIONS.
(a) Title 49 Amendments.--
(1) Contingent interest recoveries.--Section 22106(b) is
amended by striking ``interest thereof'' and inserting
``interest thereon''.
(2) Authority.--Section 22702(b)(4) is amended by striking
``5 years for reapproval by the Secretary'' and inserting ``4
years for acceptance by the Secretary''.
(3) Contents of state rail plans.--Section 22705(a) is
amended by striking paragraph (12).
(4) Mission.--Section 24101(b) is amended by striking ``of
subsection (d)'' and inserting ``set forth in subsection
(c)''.
(5) Table of contents amendment.--The table of contents for
chapter 243 is amended by striking the item relating to
section 24316 and inserting the following:
``24316. Plans to address the needs of families of passengers involved
in rail passenger accidents.''.
(6) Update.--Section 24305(f)(3) is amended by striking
``$1,000,000'' and inserting ``$5,000,000''.
(7) Amtrak.--Chapter 247 is amended--
(A) in section 24702(a), by striking ``not included in the
national rail passenger transportation system'';
(B) in section 24706--
(i) in subsection (a)--
(I) in paragraph (1), by striking ``a discontinuance under
section 24704 or or''; and
(II) in paragraph (2), by striking ``section 24704 or'';
and
(ii) in subsection (b), by striking ``section 24704 or'';
and
(C) in section 24709, by striking ``The Secretary of the
Treasury and the Attorney General,'' and inserting ``The
Secretary of Homeland Security,''.
(b) Passenger Rail Investment and Improvement Act
Amendments.--Section 305(a) of the Passenger Rail Investment
and Improvement Act of 2008 (49 U.S.C. 24101 note) is amended
by inserting ``nonprofit organizations representing employees
who perform overhaul and maintenance of passenger railroad
equipment,'' after ``equipment manufacturers,''.
Subtitle D--Rail Safety
PART I--SAFETY IMPROVEMENT
SEC. 35401. HIGHWAY-RAIL GRADE CROSSING SAFETY.
(a) Model State Highway-Rail Grade Crossing Action Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a model of
a State-specific highway-rail grade crossing action plan and
distribute the model plan to each State.
(2) Contents.--The plan developed under paragraph (1) shall
include--
(A) methodologies, tools, and data sources for identifying
and evaluating highway-rail grade crossing safety risks,
including the public safety risks posed by blocked highway-
rail grade crossings due to idling trains;
(B) best practices to reduce the risk of highway-rail grade
crossing accidents or incidents and to alleviate the blockage
of highway-rail grade crossings due to idling trains,
including strategies for--
(i) education, including model stakeholder engagement plans
or tools;
(ii) engineering, including the benefits and costs of
different designs and technologies used to mitigate highway-
rail grade crossing safety risks; and
[[Page S5641]]
(iii) enforcement, including the strengths and weaknesses
associated with different enforcement methods;
(C) for each State, a customized list and data set of the
highway-rail grade crossing accidents or incidents in that
State over the past 3 years, including the location, number
of deaths, and number of injuries for each accident or
incident; and
(D) contact information of a Department of Transportation
safety official available to assist the State in adapting the
model plan to satisfy the requirements under subsection (b).
(b) State Highway-Rail Grade Crossing Action Plans.--
(1) Requirements.--Not later than 18 months after the
Secretary develops and distributes the model plan under
subsection (a), the Secretary shall promulgate a rule that
requires--
(A) each State, except the 10 States identified under
section 202 of the Rail Safety Improvement Act of 2008 (49
U.S.C. 22501 note), to develop and implement a State highway-
rail grade crossing action plan; and
(B) each State that was identified under section 202 of the
Rail Safety Improvement Act of 2008 (49 U.S.C. 22501 note),
to update its State action plan under that section and submit
to the Secretary the updated State action plan and a report
describing what the State did to implement its previous State
action plan under that section and how it will continue to
reduce highway-rail grade crossing safety risks.
(2) Contents.--Each State plan required under this
subsection shall--
(A) identify highway-rail grade crossings that have
experienced recent highway-rail grade crossing accidents or
incidents, or are at high-risk for accidents or incidents;
(B) identify specific strategies for improving safety at
highway-rail grade crossings, including highway-rail grade
crossing closures or grade separations; and
(C) designate a State official responsible for managing
implementation of the State plan under subparagraph (A) or
(B) of paragraph (1), as applicable.
(3) Assistance.--The Secretary shall provide assistance to
each State in developing and carrying out, as appropriate,
the State plan under this subsection.
(4) Public availability.--Each State shall submit its final
State plan under this subsection to the Secretary for
publication. The Secretary shall make each approved State
plan publicly available on an official Internet Web site.
(5) Conditions.--The Secretary may condition the awarding
of a grant to a State under chapter 244 of title 49, United
States Code, on that State submitting an acceptable State
plan under this subsection.
(6) Review of action plans.--Not later than 60 days after
the date of receipt of a State plan under this subsection,
the Secretary shall--
(A) if the State plan is approved, notify the State and
publish the State plan under paragraph (4); and
(B) if the State plan is incomplete or deficient, notify
the State of the specific areas in which the plan is
deficient and allow the State to complete the plan or correct
the deficiencies and resubmit the plan under paragraph (1).
(7) Deadline.--Not later than 60 days after the date of a
notice under paragraph (6)(B), a State shall complete the
plan or correct the deficiencies and resubmit the plan.
(8) Failure to complete or correct plan.--If a State fails
to meet the deadline under paragraph (7), the Secretary shall
post on the Web site under paragraph (4) a notice that the
State has an incomplete or deficient highway-rail grade
crossing action plan.
(c) Railway-Highway Crossings Funds.--The Secretary may use
funds made available to carry out section 130 of title 23,
United States Code, to provide States with funds to develop a
State highway-rail grade crossing action plan under
subsection (b)(1)(A) of this section or to update a State
action plan under subsection (b)(1)(B) of this section.
(d) Definitions.--In this section:
(1) Highway-rail grade crossing.--The term ``highway-rail
grade crossing'' means a location within a State, other than
a location where 1 or more railroad tracks cross 1 or more
railroad tracks at grade, where--
(A) a public highway, road, or street, or a private
roadway, including associated sidewalks and pathways, crosses
1 or more railroad tracks either at grade or grade-separated;
or
(B) a pathway explicitly authorized by a public authority
or a railroad carrier that is dedicated for the use of non-
vehicular traffic, including pedestrians, bicyclists, and
others, that is not associated with a public highway, road,
or street, or a private roadway, crosses 1 or more railroad
tracks either at grade or grade-separated.
(2) State.--The term ``State'' means a State of the United
States or the District of Columbia.
SEC. 35402. SPEED LIMIT ACTION PLANS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, each railroad carrier providing
intercity rail passenger transportation or commuter rail
passenger transportation, in consultation with any applicable
host railroad carrier, shall survey its entire system and
identify each main track location where there is a reduction
of more than 20 miles per hour from the approach speed to a
curve or bridge and the maximum authorized operating speed
for passenger trains at that curve or bridge.
(b) Action Plans.--Not later than 120 days after the date
that the survey under subsection (a) is complete, a rail
passenger carrier shall submit to the Secretary an action
plan that--
(1) identifies each main track location where there is a
reduction of more than 20 miles per hour from the approach
speed to a curve or bridge and the maximum authorized
operating speed for passenger trains at that curve or bridge;
(2) describes appropriate actions, including modification
to automatic train control systems, if applicable, other
signal systems, increased crew size, improved signage, or
other practices, including increased crew communication, to
enable warning and enforcement of the maximum authorized
speed for passenger trains at each location identified under
paragraph (1);
(3) contains milestones and target dates for implementing
each appropriate action described under paragraph (2); and
(4) ensures compliance with the maximum authorized speed at
each location identified under paragraph (1).
(c) Approval.--Not later than 90 days after the date an
action plan is submitted under subsection (a), the Secretary
shall approve, approve with conditions, or disapprove the
action plan.
(d) Alternative Safety Measures.--The Secretary may exempt
from the requirements of this section each segment of track
for which operations are governed by a positive train control
system certified under section 20157 of title 49, United
States Code, or any other safety technology or practice that
would achieve an equivalent or greater level of safety in
reducing derailment risk.
(e) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit a report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that describes--
(1) the actions the railroad carriers have taken in
response to Safety Advisory 2013-08, entitled ``Operational
Tests and Inspections for Compliance With Maximum Authorized
Train Speeds and Other Speed Restrictions'';
(2) the actions the railroad carriers have taken in
response to Safety Advisory 2015-03, entitled ``Operational
and Signal Modifications for Compliance with Maximum
Authorized Passenger Train Speeds and Other Speed
Restrictions''; and
(3) the actions the Federal Railroad Administration has
taken to evaluate or incorporate the information and findings
arising from the safety advisories referred to in paragraphs
(1) and (2) into the development of regulatory action and
oversight activities.
(f) Savings Clause.--Nothing in this section shall prohibit
the Secretary from applying the requirements of this section
to other segments of track at high risk of overspeed
derailment.
SEC. 35403. SIGNAGE.
(a) In General.--The Secretary shall promulgate such
regulations as the Secretary considers necessary to require
each railroad carrier providing intercity rail passenger
transportation or commuter rail passenger transportation, in
consultation with any applicable host railroad carrier, to
install signs to warn train crews before the train approaches
a location that the Secretary identifies as having high risk
of overspeed derailment.
(b) Alternative Safety Measures.--The Secretary may exempt
from the requirements of this section each segment of track
for which operations are governed by a positive train control
system certified under section 20157 of title 49, United
States Code, or any other safety technology or practice that
would achieve an equivalent or greater level of safety in
reducing derailment risk.
SEC. 35404. ALERTERS.
(a) In General.--The Secretary shall promulgate a rule to
require a working alerter in the controlling locomotive of
each passenger train in intercity rail passenger
transportation (as defined in section 24102 of title 49,
United States Code) or commuter rail passenger transportation
(as defined in section 24102 of title 49, United States
Code).
(b) Rulemaking.--
(1) In general.--The Secretary may promulgate a rule to
specify the essential functionalities of a working alerter,
including the manner in which the alerter can be reset.
(2) Alternate practice or technology.--The Secretary may
require or allow a technology or practice in lieu of a
working alerter if the Secretary determines that the
technology or practice would achieve an equivalent or greater
level of safety in enhancing or ensuring appropriate
locomotive control.
SEC. 35405. SIGNAL PROTECTION.
(a) In General.--The Secretary shall promulgate regulations
to require, not later than 18 months after the date of the
enactment of this Act, that on-track safety regulations,
whenever practicable and consistent with other safety
requirements and operational considerations, include
requiring implementation of redundant signal protection, such
as shunting or other practices and technologies that achieve
an equivalent or greater level of safety, for maintenance-of-
way work crews who depend on a train dispatcher to provide
signal protection.
(b) Alternative Safety Measures.--The Secretary may exempt
from the requirements of this section each segment of track
for which operations are governed by a positive train control
system certified under section 20157 of title 49, United
States Code, or
[[Page S5642]]
any other safety technology or practice that would achieve an
equivalent or greater level of safety in providing additional
signal protection.
SEC. 35406. TECHNOLOGY IMPLEMENTATION PLANS.
Section 20156(e) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by striking ``and'' at the end;
and
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(2) by adding at the end the following:
``(C) each railroad carrier required to submit such a plan,
until the implementation of a positive train control system
by the railroad carrier, shall analyze and, as appropriate,
prioritize technologies and practices to mitigate the risk of
overspeed derailments.''.
SEC. 35407. COMMUTER RAIL TRACK INSPECTIONS.
(a) In General.--The Secretary shall evaluate track
inspection regulations to determine if a railroad carrier
providing commuter rail passenger transportation on high
density commuter railroad lines should be required to inspect
the lines in the same manner as currently required for other
commuter railroad lines.
(b) Rulemaking.--Considering safety, including railroad
carrier employee and contractor safety, and system capacity,
the Secretary may promulgate a rule for high density commuter
railroad lines. If, after the evaluation under subsection
(a), the Secretary determines that it is necessary to
promulgate a rule, the Secretary shall specifically consider
the following regulatory requirements for high density
commuter railroad lines:
(1) At least once every 2 weeks--
(A) traverse each main line by vehicle; or
(B) inspect each main line on foot.
(2) At least once each month, traverse and inspect each
siding by vehicle or by foot.
(c) Report.--If, after the evaluation under subsection (a),
the Secretary determines it is not necessary to revise the
regulations under this section, the Secretary, not later than
18 months after the date of enactment of this Act, shall
transmit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives explaining the reasons for not revising the
regulations.
(d) Construction.--Nothing in this section may be construed
to limit the authority of the Secretary to promulgate
regulations or issue orders under any other law.
SEC. 35408. EMERGENCY RESPONSE.
(a) In General.--The Secretary, in consultation with
railroad carriers, shall conduct a study to determine whether
limitations or weaknesses exist in the emergency response
information carried by train crews transporting hazardous
materials.
(b) Contents.--In conducting the study under subsection
(a), the Secretary shall evaluate the differences between the
emergency response information carried by train crews
transporting hazardous materials and the emergency response
guidance provided in the Emergency Response Guidebook issued
by the Department of Transportation.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall transmit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report of the findings of
the study under subsection (a) and any recommendations for
legislative action.
SEC. 35409. PRIVATE HIGHWAY-RAIL GRADE CROSSINGS.
(a) In General.--The Secretary, in consultation with
railroad carriers, shall conduct a study--
(1) to determine whether limitations or weaknesses exist
regarding the availability and usefulness for safety purposes
of data on private highway-rail grade crossings; and
(2) to evaluate existing engineering practices on private
highway-rail grade crossings.
(b) Contents.--In conducting the study under subsection
(a), the Secretary shall make recommendations as necessary to
improve--
(1) the utility of the data on private highway-rail grade
crossings; and
(2) the implementation of private highway-rail crossing
safety measures, including signage and warning systems.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall transmit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report of the findings of
the study and any recommendations for further action.
SEC. 35410. REPAIR AND REPLACEMENT OF DAMAGED TRACK
INSPECTION EQUIPMENT.
(a) In General.--Subchapter I of chapter 201 is amended by
inserting after section 20120 the following:
``Sec. 20121. Repair and replacement of damaged track
inspection equipment
``The Secretary of Transportation may receive and expend
cash, or receive and utilize spare parts and similar items,
from non-United States Government sources to repair damages
to or replace United States Government owned automated track
inspection cars and equipment as a result of third-party
liability for such damages, and any amounts collected under
this section shall be credited directly to the Railroad
Safety and Operations account of the Federal Railroad
Administration, and shall remain available until expended for
the repair, operation, and maintenance of automated track
inspection cars and equipment in connection with the
automated track inspection program.''.
(b) Conforming Amendment.--The table of contents for
subchapter I of chapter 201 is amended by adding after
section 21020 the following:
``20121. Repair and replacement of damaged track inspection
equipment.''.
SEC. 35411. RAIL POLICE OFFICERS.
(a) In General.--Section 28101 is amended--
(1) by striking ``employed by'' each place it appears and
inserting ``directly employed by or contracted by'';
(2) in subsection (b), by inserting ``or agent, as
applicable,'' after ``an employee''; and
(3) by adding at the end the following:
``(c) Transfers.--
``(1) In general.--If a railroad police officer directly
employed by or contracted by a rail carrier and certified or
commissioned as a police officer under the laws of a State
transfers primary employment or residence from the certifying
or commissioning State to another State or jurisdiction, the
railroad police officer, not later than 1 year after the date
of transfer, shall apply to be certified or commissioned as a
police office under the laws of the State of new primary
employment or residence.
``(2) Interim period.--During the period beginning on the
date of transfer and ending 1 year after the date of
transfer, a railroad police officer directly employed by or
contracted by a rail carrier and certified or commissioned as
a police officer under the laws of a State may enforce the
laws of the new jurisdiction in which the railroad police
officer resides, to the same extent as provided in subsection
(a).
``(d) Training.--
``(1) In general.--A State shall recognize as meeting that
State's basic police officer certification or commissioning
requirements for qualification as a rail police officer under
this section any individual who successfully completes a
program at a State-recognized police training academy in
another State or at a Federal law enforcement training center
and who is certified or commissioned as a police officer by
that other State.
``(2) Rule of construction.--Nothing in this subsection
shall be construed as superseding or affecting any unique
State training requirements related to criminal law, criminal
procedure, motor vehicle code, or State-mandated comparative
or annual in-service training academy or Federal law
enforcement training center.''.
(b) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall revise the
regulations in part 207 of title 49, Code of Federal
Regulations (relating to railroad police officers), to permit
a railroad to designate an individual, who is commissioned in
the individual's State of legal residence or State of primary
employment and directly employed by or contracted by a
railroad to enforce State laws for the protection of railroad
property, personnel, passengers, and cargo, to serve in the
States in which the railroad owns property.
(c) Conforming Amendments.--
(1) Amtrak rail police.--Section 24305(e) is amended--
(A) by striking ``may employ'' and inserting ``may directly
employ or contract with'';
(B) by striking ``employed by'' and inserting ``directly
employed by or contracted by''; and
(C) by striking ``employed without'' and inserting
``directly employed or contracted without''.
(2) Secure gun storage or safety device; exceptions.--
Section 922(z)(2)(B) of title 18 is amended by striking
``employed by'' and inserting ``directly employed by or
contracted by''.
SEC. 35412. OPERATION DEEP DIVE; REPORT.
(a) Progress Reports.--Not later than 60 days after the
date of the enactment of this Act, and quarterly thereafter
until the completion date, the Administrator of the Federal
Railroad Administration shall submit a report to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that describes the progress
of Metro-North Commuter Railroad in implementing the
directives and recommendations issued by the Federal Railroad
Administration in its March 2014 report to Congress titled
``Operation Deep Dive Metro-North Commuter Railroad Safety
Assessment''.
(b) Final Report.--Not later than 30 days after the
completion date, the Administrator of the Federal Railroad
Administration shall submit a final report on the directives
and recommendations to Congress.
(c) Defined Term.--In this section, the term ``completion
date'' means the date on which Metro-North Commuter Railroad
has completed all of the directives and recommendations
referred to in subsection (a).
SEC. 35413. POST-ACCIDENT ASSESSMENT.
(a) In General.--The Secretary of Transportation, in
cooperation with the National Transportation Safety Board and
the National Railroad Passenger Corporation (referred to in
this section as ``Amtrak''), shall
[[Page S5643]]
conduct a post-accident assessment of the Amtrak Northeast
Regional Train #188 crash on May 12, 2015.
(b) Elements.--The assessment conducted pursuant to
subsection (a) shall include--
(1) a review of Amtrak's compliance with the plan for
addressing the needs of the families of passengers involved
in any rail passenger accident, which was submitted pursuant
to section 24316 of title 49, United States Code;
(2) a review of Amtrak's compliance with the emergency
preparedness plan required under section 239.101(a) of title
49, Code of Federal Regulations;
(3) a determination of any additional action items that
should be included in the plans referred to in paragraphs (1)
and (2) to meet the needs of the passengers involved in the
crash and their families, including--
(A) notification of emergency contacts;
(B) dedicated and trained staff to manage family
assistance;
(C) the establishment of a family assistance center at the
accident locale or other appropriate location;
(D) a system for identifying and recovering items belonging
to passengers that were lost in the crash; and
(E) the establishment of a single customer service entity
within Amtrak to coordinate the response to the needs of the
passengers involved in the crash and their families;
(4) recommendations for any additional training needed by
Amtrak staff to better implement the plans referred to in
paragraphs (1) and (2), including the establishment of a
regular schedule for training drills and exercises.
(c) Report to Congress.--Not later than 1 year after the
date of the enactment of this Act, Amtrak shall submit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that describes--
(1) its plan to achieve the recommendations referred to in
subsection (b)(4); and
(2) steps that have been taken to address any deficiencies
identified through the assessment.
SEC. 35414. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Assistance to Families of Passengers Involved in Rail
Passenger Accidents.--Section 1139 is amended--
(1) in subsection (a)(1), by striking ``phone number'' and
inserting ``telephone number'';
(2) in subsection (a)(2), by striking ``post trauma
communication with families'' and inserting ``post-trauma
communication with families''; and
(3) in subsection (j), by striking ``railroad passenger
accident'' each place it appears and inserting ``rail
passenger accident''.
(b) Solid Waste Rail Transfer Facility Land-Use
Exemption.--Section 10909 is amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``Clean Railroad Act of 2008'' and inserting
``Clean Railroads Act of 2008''; and
(2) in subsection (e), by striking ``Upon the granting of
petition from the State'' and inserting ``Upon the granting
of a petition from the State''.
(c) Rulemaking Process.--Section 20116 is amended--
(1) by inserting ``(2)'' before ``the code, rule, standard,
requirement, or practice has been subject to notice and
comment under a rule or order issued under this part.'' and
indenting accordingly;
(2) by inserting ``(1)'' before ``unless'' and indenting
accordingly;
(3) in paragraph (1), as redesignated, by striking ``order,
or'' and inserting ``order; or''; and
(4) in the matter preceding paragraph (1), as redesignated,
by striking ``unless'' and inserting ``unless--''.
(d) Enforcement Report.--Section 20120(a) is amended--
(1) in the matter preceding paragraph (1), by striking
``website'' and inserting ``Web site'';
(2) in paragraph (1), by striking ``accident and incidence
reporting'' and inserting ``accident and incident
reporting'';
(3) in paragraph (2)(G), by inserting ``and'' at the end;
and
(4) in paragraph (5)(B), by striking ``Administrative
Hearing Officer or Administrative Law Judge'' and inserting
``administrative hearing officer or administrative law
judge''.
(e) Railroad Safety Risk Reduction Program.--Section 20156
is amended--
(1) in subsection (c), by inserting a comma after ``In
developing its railroad safety risk reduction program''; and
(2) in subsection (g)(1)--
(A) by inserting a comma after ``good faith''; and
(B) by striking ``non-profit'' and inserting ``nonprofit''.
(f) Roadway User Sight Distance at Highway-Rail Grade
Crossings.--Section 20159 is amended by striking ``the
Secretary'' and inserting ``the Secretary of
Transportation''.
(g) National Crossing Inventory.--Section 20160 is
amended--
(1) in subsection (a)(1), by striking ``concerning each
previously unreported crossing through which it operates or
with respect to the trackage over which it operates'' and
inserting ``concerning each previously unreported crossing
through which it operates with respect to the trackage over
which it operates''; and
(2) in subsection (b)(1)(A), by striking ``concerning each
crossing through which it operates or with respect to the
trackage over which it operates'' and inserting ``concerning
each crossing through which it operates with respect to the
trackage over which it operates''.
(h) Minimum Training Standards and Plans.--Section
20162(a)(3) is amended by striking ``railroad compliance with
Federal standards'' and inserting ``railroad carrier
compliance with Federal standards''.
(i) Development and Use of Rail Safety Technology.--Section
20164(a) is amended by striking ``after enactment of the
Railroad Safety Enhancement Act of 2008'' and inserting
``after the date of enactment of the Rail Safety Improvement
Act of 2008''.
(j) Rail Safety Improvement Act of 2008.--
(1) Table of contents.--Section 1(b) of division A of the
Rail Safety Improvement Act of 2008 (Public Law 110-432; 122
Stat. 4848) is amended--
(A) in the item relating to section 307, by striking
``website'' and inserting ``Web site'';
(B) in the item relating to title VI, by striking ``solid
waste facilities'' and inserting ``solid waste rail transfer
facilities''; and
(C) in the item relating to section 602, by striking
``solid waste transfer facilities'' and inserting ``solid
waste rail transfer facilities''.
(2) Definitions.--Section 2(a)(1) of division A of the Rail
Safety Improvement Act of 2008 (Public Law 110-432; 122 Stat.
4849) is amended in the matter preceding subparagraph (A), by
inserting a comma after ``at grade''.
(3) Railroad safety strategy.--Section 102(a)(6) of title I
of division A of the Rail Safety Improvement Act of 2008 (49
U.S.C. 20101 note) is amended by striking ``Improving the
safety of railroad bridges, tunnels, and related
infrastructure to prevent accidents, incidents, injuries, and
fatalities caused by catastrophic failures and other bridge
and tunnel failures.'' and inserting ``Improving the safety
of railroad bridges, tunnels, and related infrastructure to
prevent accidents, incidents, injuries, and fatalities caused
by catastrophic and other failures of such infrastructure.''.
(4) Operation lifesaver.--Section 206(a) of title II of
division A of the Rail Safety Improvement Act of 2008 (49
U.S.C. 22501 note) is amended by striking ``Public Service
Announcements'' and inserting ``public service
announcements''.
(5) Update of federal railroad administration's web site.--
Section 307 of title III of division A of the Rail Safety
Improvement Act of 2008 (49 U.S.C. 103 note) is amended--
(A) in the heading by striking ``federal railroad
administration's website'' and inserting ``Federal Railroad
Administration Web site'';
(B) by striking ``website'' each place it appears and
inserting ``Web site''; and
(C) by striking ``website's'' and inserting ``Web site's''.
(6) Alcohol and controlled substance testing for
maintenance-of-way employees.--Section 412 of title IV of
division A of the Rail Safety Improvement Act of 2008 (49
U.S.C. 20140 note) is amended by striking ``Secretary of
Transportation'' and inserting ``Secretary''.
(7) Tunnel information.--Section 414 of title IV of
division A of the Rail Safety Improvement Act of 2008 (49
U.S.C. 20103 note) is amended--
(A) by striking ``parts 171.8, 173.115'' and inserting
``sections 171.8, 173.115''; and
(B) by striking ``part 1520.5'' and inserting ``section
1520.5''.
(8) Safety inspections in mexico.--Section 416 of title IV
of division A of the Rail Safety Improvement Act of 2008 (49
U.S.C. 20107 note) is amended--
(A) in the matter preceding paragraph (1), by striking
``Secretary of Transportation'' and inserting ``Secretary'';
and
(B) in paragraph (4), by striking ``subsection'' and
inserting ``section''.
(9) Heading of title vi.--The heading of title VI of
division A of the Rail Safety Improvement Act of 2008 (122
Stat. 4900) is amended by striking ``SOLID WASTE FACILITIES''
and inserting ``SOLID WASTE RAIL TRANSFER FACILITIES''.
(10) Heading of section 602.--Section 602 of title VI of
division A of the Rail Safety Improvement Act of 2008 (122
Stat. 4900) is amended by striking ``solid waste transfer
facilities'' and inserting ``solid waste rail transfer
facilities''.
SEC. 35415. GAO STUDY ON USE OF LOCOMOTIVE HORNS AT HIGHWAY-
RAIL GRADE CROSSINGS.
The Comptroller General of the United States shall submit a
report to Congress containing the results of a study
evaluating the effectiveness of the Federal Railroad
Administration's final rule on the use of locomotive horns at
highway-rail grade crossings, which was published in the
Federal Register on August 17, 2006 (71 Fed. Reg. 47614).
SEC. 35416. BRIDGE INSPECTION REPORTS.
Section 417(d) of the Rail Safety Improvement Act of 2008
(49 U.S.C. 20103 note) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Availability of bridge inspection reports.--The
Administrator of the Federal Railroad Administration shall--
[[Page S5644]]
``(A) maintain a copy of the most recent bridge inspection
reports prepared in accordance with section (b)(5); and
``(B) provide copies of the reports described in
subparagraph (A) to appropriate State and local government
transportation officials, upon request.''.
PART II--CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
SEC. 35421. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
IMPROVEMENTS.
(a) In General.--Chapter 244, as amended by section 35302
of this Act, is further amended by adding at the end the
following:
``Sec. 24408. Consolidated rail infrastructure and safety
improvements
``(a) General Authority.--The Secretary may make grants
under this section to an eligible recipient to assist in
financing the cost of improving passenger and freight rail
transportation systems in terms of safety, efficiency, or
reliability.
``(b) Eligible Recipients.--The following entities are
eligible to receive a grant under this section:
``(1) A State.
``(2) A group of States.
``(3) An Interstate Compact.
``(4) A public agency or publicly chartered authority
established by 1 or more States and having responsibility for
providing intercity rail passenger, commuter rail passenger,
or freight rail transportation service.
``(5) A political subdivision of a State.
``(6) Amtrak or another rail passenger carrier that
provides intercity rail passenger transportation (as defined
in section 24102) or commuter rail passenger transportation
(as defined in section 24102).
``(7) A Class II railroad or Class III railroad (as those
terms are defined in section 20102).
``(8) Any rail carrier or rail equipment manufacturer in
partnership with at least 1 of the entities described in
paragraphs (1) through (5).
``(9) Any entity established to procure, manage, or
maintain passenger rail equipment under section 305 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note).
``(10) An organization that is actively involved in the
development of operational and safety-related standards for
rail equipment and operations or the implementation of
safety-related programs.
``(11) The Transportation Research Board and any entity
with which it contracts in the development of rail-related
research, including cooperative research programs.
``(12) A University transportation center actively engaged
in rail-related research.
``(13) A non-profit labor organization representing a class
or craft of employees of railroad carriers or railroad
carrier contractors.
``(c) Eligible Projects.--The following projects are
eligible to receive grants under this section:
``(1) Deployment of railroad safety technology, including
positive train control and rail integrity inspection systems.
``(2) A capital project as defined in section 24401, except
that a project shall not be required to be in a State rail
plan developed under chapter 227.
``(3) A capital project identified by the Secretary as
being necessary to address congestion challenges affecting
rail service.
``(4) A highway-rail grade crossing improvement, including
grade separations, private highway-rail grade crossing
improvements, and safety engineering improvements to reduce
risk in quiet zones or potential quiet zones.
``(5) A rail line relocation project.
``(6) A capital project to improve short-line or regional
railroad infrastructure.
``(7) Development of public education, awareness, and
targeted law enforcement activities to reduce violations of
traffic laws at highway-rail grade crossings and to help
prevent and reduce injuries and fatalities along railroad
rights-of-way.
``(8) The preparation of regional rail and corridor service
development plans and corresponding environmental analyses.
``(9) Any project that the Secretary considers necessary to
enhance multimodal connections or facilitate service
integration between rail service and other modes, including
between intercity rail passenger transportation and intercity
bus service.
``(10) The development of rail-related capital, operations,
and safety standards.
``(11) The implementation and operation of a safety program
or institute designed to improve rail safety culture and rail
safety performance.
``(12) Any research that the Secretary considers necessary
to advance any particular aspect of rail-related capital,
operations, or safety improvements.
``(13) Workforce development activities, coordinated to the
extent practicable with the existing local training programs
supported by the Department of Transportation, Department of
Labor, and Department of Education.
``(d) Application Process.--The Secretary shall prescribe
the form and manner of filing an application under this
section.
``(e) Project Selection Criteria.--
``(1) In general.--In selecting a recipient of a grant for
an eligible project, the Secretary shall--
``(A) give preference to a proposed project for which the
proposed Federal share of total project costs does not exceed
50 percent; and
``(B) after factoring in preference to projects under
subparagraph (A), select projects that will maximize the net
benefits of the funds appropriated for use under this
section, considering the cost-benefit analysis of the
proposed project, including anticipated private and public
benefits relative to the costs of the proposed project and
factoring in the other considerations described in paragraph
(2).
``(2) Other considerations.--The Secretary shall also
consider the following:
``(A) The degree to which the proposed project's business
plan considers potential private sector participation in the
financing, construction, or operation of the project;
``(B) The recipient's past performance in developing and
delivering similar projects, and previous financial
contributions;
``(C) Whether the recipient has or will have the legal,
financial, and technical capacity to carry out the proposed
project, satisfactory continuing control over the use of the
equipment or facilities, and the capability and willingness
to maintain the equipment or facilities;
``(D) If applicable, the consistency of the proposed
project with planning guidance and documents set forth by the
Secretary or required by law or State rail plans developed
under chapter 227;
``(E) If applicable, any technical evaluation ratings that
proposed project received under previous competitive grant
programs administered by the Secretary; and
``(F) Such other factors as the Secretary considers
relevant to the successful delivery of the project.
``(3) Benefits.--The benefits described in paragraph (1)(B)
may include the effects on system and service performance,
including measures such as improved safety, competitiveness,
reliability, trip or transit time, resilience, efficiencies
from improved integration with other modes, and ability to
meet existing or anticipated demand.
``(f) Performance Measures.--The Secretary shall establish
performance measures for each grant recipient to assess
progress in achieving strategic goals and objectives. The
Secretary may require a grant recipient to periodically
report information related to such performance measures.
``(g) Rural Areas.--
``(1) In general.--Of the amounts appropriated under this
section, at least 25 percent shall be available for projects
in rural areas. The Secretary shall consider a project to be
in a rural area if all or the majority of the project
(determined by the geographic location or locations where the
majority of the project funds will be spent) is located in a
rural area.
``(2) Definition of rural area.--In this subsection, the
term `rural area' means any area not in an urbanized area, as
defined by the Census Bureau.
``(h) Federal Share of Total Project Costs.--
``(1) Total project costs.--The Secretary shall estimate
the total costs of a project under this subsection based on
the best available information, including engineering
studies, studies of economic feasibility, environmental
analyses, and information on the expected use of equipment or
facilities.
``(2) Federal share.--The Federal share of total project
costs under this subsection shall not exceed 80 percent.
``(3) Treatment of passenger rail revenue.--If Amtrak or
another rail passenger carrier is an applicant under this
section, Amtrak or the other rail passenger carrier, as
applicable, may use ticket and other revenues generated from
its operations and other sources to satisfy the non-Federal
share requirements.
``(i) Applicability.--Except as specifically provided in
this section, the use of any amounts appropriated for grants
under this section shall be subject to the requirements of
this chapter.
``(j) Availability.--Amounts appropriated for carrying out
this section shall remain available until expended.''.
(b) Conforming Amendment.--The table of contents of chapter
244, as amended by section 35302 of this Act, is amended by
adding after the item relating to section 24407 the
following:
``24408. Consolidated rail infrastructure and safety improvements.''.
PART III--HAZARDOUS MATERIALS BY RAIL SAFETY AND OTHER SAFETY
ENHANCEMENTS
SEC. 35431. REAL-TIME EMERGENCY RESPONSE INFORMATION.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Homeland Security, shall promulgate
regulations--
(1) to require a Class I railroad transporting hazardous
materials--
(A) to generate accurate, real-time, and electronic train
consist information, including--
(i) the identity, quantity, and location of hazardous
materials on a train;
(ii) the point of origin and destination of the train;
(iii) any emergency response information or resources
required by the Secretary; and
(iv) an emergency response point of contact designated by
the Class I railroad; and
(B) to enter into a memorandum of understanding with each
applicable fusion center to provide that fusion center with
secure and confidential access to the electronic train
consist information described in subparagraph (A) for each
train transporting hazardous materials in that fusion
center's jurisdiction;
[[Page S5645]]
(2) to require each applicable fusion center to provide the
electronic train consist information described in paragraph
(1)(A) to first responders, emergency response officials, and
law enforcement personnel that are involved in the response
to or investigation of an incident, accident, or public
health or safety emergency involving the rail transportation
of hazardous materials and that request such electronic train
consist information;
(3) upon the request of each State, political subdivision
of a State, or public agency responsible for emergency
response or law enforcement, to require each applicable
fusion center to provide advance notice for each high-hazard
flammable train traveling through the jurisdiction of each
State, political subdivision of a State, or public agency,
which notice shall include the electronic train consist
information described in paragraph (1)(A) for the high-hazard
flammable train, and to the extent practicable, for
requesting States, political subdivisions, or public
agencies, to ensure that the fusion center shall provide at
least 12 hours of advance notice for a high-hazard flammable
train that will be traveling through the jurisdiction of the
State, political subdivision of a State, or public agency,
and include within the notice its best estimate of the time
the train will enter the jurisdiction;
(4) to prohibit any railroad, employee, or agent from
withholding, or causing to be withheld the train consist
information from first responders, emergency response
officials, and law enforcement personnel described in
paragraph (2) in the event of an incident, accident, or
public health or safety emergency involving the rail
transportation of hazardous materials;
(5) to establish security and confidentiality protections
to prevent the release of the electronic train consist
information to unauthorized persons; and
(6) to allow each Class I railroad to enter into a
memorandum of understanding with any Class II or Class III
railroad that operates trains over the Class I railroad's
line to incorporate the Class II or Class III railroad's
train consist information within the existing framework
described in paragraph (1).
(b) Definitions.--In this section:
(1) Applicable fusion center.--The term ``applicable fusion
center'' means a fusion center with responsibility for a
geographic area in which a Class I railroad operates.
(2) Class i railroad.--The term ``Class I railroad'' has
the meaning given the term in section 20102 of title 49,
United States Code.
(3) Fusion center.--The term ``fusion center'' has the
meaning given the term in section 124h(j) of title 6, United
States Code.
(4) Hazardous materials.--The term ``hazardous materials''
means material designated as hazardous by the Secretary of
Transportation under chapter 51 of the United States Code.
(5) High-hazard flammable train.--The term ``high-hazard
flammable train'' means a single train transporting 20 or
more tank cars loaded with a Class 3 flammable liquid in a
continuous block or a single train transporting 35 or more
tank cars loaded with a Class 3 flammable liquid throughout
the train consist.
(6) Train consist.--The term ``train consist'' includes,
with regard to a specific train, the number of rail cars and
the commodity transported by each rail car.
(c) Savings Clause.--
(1) Nothing in this section may be construed to prohibit a
Class I railroad from voluntarily entering into a memorandum
of understanding, as described in subsection (a)(1)(B), with
a State emergency response commission or an entity
representing or including first responders, emergency
response officials, and law enforcement personnel.
(2) Nothing in this section may be construed to amend any
requirement for a railroad to provide a State Emergency
Response Commission, for each State in which it operates
trains transporting 1,000,000 gallons or more of Bakken crude
oil, notification regarding the expected movement of such
trains through the counties in the State.
SEC. 35432. THERMAL BLANKETS.
(a) Requirements.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall promulgate such
regulations as are necessary to require each tank car built
to meet the DOT-117 specification and each non-jacketed tank
car modified to meet the DOT-117R specification--
(1) to be equipped with a thermal blanket; or
(2) to have sufficient thermal resistance so that there
will be no release of any lading within the tank car, except
release through the pressure relief device, when subjected to
a pool fire for 200 minutes and a torch fire for 30 minutes.
(b) Definition of Thermal Blanket.--In this section, the
term ``thermal blanket'' means an insulating blanket that is
applied between the outer surface of a tank car tank and the
inner surface of a tank car jacket and that has thermal
conductivity no greater than 2.65 Btu per inch, per hour, per
square foot, and per degree Fahrenheit at a temperature of
2000 degrees Fahrenheit, plus or minus 100 degrees
Fahrenheit.
(c) Savings Clause.--
(1) Pressure relief devices.--Nothing in this section may
be construed to affect or prohibit any requirement to equip
with appropriately sized pressure relief devices a tank car
built to meet the DOT-117 specification or a non-jacketed
tank car modified to meet the DOT-117R specification.
(2) Harmonization.--Nothing in this section may be
construed to require or allow the Secretary to prescribe an
implementation deadline or authorization end date for the
requirement under subsection (a) that is earlier than the
applicable implementation deadline or authorization end date
for other tank car modifications necessary to meet the DOT-
117R specification.
SEC. 35433. COMPREHENSIVE OIL SPILL RESPONSE PLANS.
(a) Requirements.--Not later than 120 days after the date
of enactment of this Act, the Secretary shall issue a notice
of proposed rulemaking to require each railroad carrier
transporting a Class 3 flammable liquid to maintain a
comprehensive oil spill response plan.
(b) Contents.--The regulations under subsection (a) shall
require each rail carrier described in that subsection--
(1) to include in the comprehensive oil spill response plan
procedures and resources for responding, to the maximum
extent practicable, to a worst-case discharge;
(2) to ensure the comprehensive oil spill response plan is
consistent with the National Contingency Plan and each
applicable Area Contingency Plan;
(3) to include in the comprehensive oil spill response plan
appropriate notification and training procedures;
(4) to review and update its comprehensive oil spill
response plan as appropriate; and
(5) to provide the comprehensive oil spill response plan
for acceptance by the Secretary.
(c) Savings Clause.--Nothing in the section may be
construed as prohibiting the Secretary from promulgating
different comprehensive oil response plan standards for Class
I, Class II, and Class III railroads.
(d) Definitions.--In this section:
(1) Area contingency plan.--The term ``Area Contingency
Plan'' has the meaning given the term in section 311(a) of
the Federal Water Pollution Control Act (33 U.S.C. 1321(a)).
(2) Class 3 flammable liquid.--The term ``Class 3 flammable
liquid'' has the meaning given the term in section 173.120(a)
of title 49, Code of Federal Regulations.
(3) Class i railroad, class ii railroad, and class iii
railroad.--The terms ``Class I railroad'', ``Class II
railroad'' and ``Class III railroad'' have the meanings given
the terms in section 20102 of title 49, United States Code.
(4) National contingency plan.--The term ``National
Contingency Plan'' has the meaning given the term in section
1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701).
(5) Railroad carrier.--The term ``railroad carrier'' has
the meaning given the term in section 20102 of title 49,
United States Code.
(6) Worst-case discharge.--The term ``worst-case
discharge'' means a railroad carrier's calculation of its
largest foreseeable discharge in the event of an accident or
incident.
SEC. 35434. HAZARDOUS MATERIALS BY RAIL LIABILITY STUDY.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall initiate a study
on the levels and structure of insurance for a railroad
carrier transporting hazardous materials.
(b) Contents.--In conducting the study under subsection
(a), the Secretary shall evaluate--
(1) the level and structure of insurance, including self-
insurance, available in the private market against the full
liability potential for damages arising from an accident or
incident involving a train transporting hazardous materials;
(2) the level and structure of insurance that would be
necessary and appropriate--
(A) to efficiently allocate risk and financial
responsibility for claims; and
(B) to ensure that a railroad carrier transporting
hazardous materials can continue to operate despite the risk
of an accident or incident;
(3) the potential applicability to trains transporting
hazardous materials of--
(A) a liability regime modeled after section 170 of the
Atomic Energy Act of 1954, as amended (42 U.S.C. 2210); and
(B) a liability regime modeled after subtitle 2 of title
XXI of the Public Health Service Act (42 U.S.C. 300aa-10 et
seq.).
(c) Report.--Not later than 1 year after the date the study
under subsection (a) is initiated, the Secretary shall submit
a report containing the results of the study and
recommendations for addressing liability issues with rail
transportation of hazardous materials to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Transportation and Infrastructure of
the House of Representatives.
(d) Definitions.--In this section:
(1) Hazardous material.--The term ``hazardous material''
means a substance or material the Secretary designates under
section 5103(a) of title 49, United States Code.
(2) Railroad carrier.--The term ``railroad carrier'' has
the meaning given the term in section 20102 of title 49,
United States Code.
SEC. 35435. STUDY AND TESTING OF ELECTRONICALLY-CONTROLLED
PNEUMATIC BRAKES.
(a) Government Accountability Office Study.--
(1) In general.--The Government Accountability Office shall
complete an independent
[[Page S5646]]
evaluation of ECP brake systems pilot program data and the
Department of Transportation's research and analysis on the
effects of ECP brake systems.
(2) Study elements.--In completing the independent
evaluation under paragraph (1), the Government Accountability
Office shall examine the following issues related to ECP
brake systems:
(A) Data and modeling results on safety benefits relative
to conventional brakes and to other braking technologies or
systems, such as distributed power and 2-way end-of-train
devices.
(B) Data and modeling results on business benefits,
including the effects of dynamic braking.
(C) Data on costs, including up-front capital costs and on-
going maintenance costs.
(D) Analysis of potential operational challenges, including
the effects of potential locomotive and car segregation,
technical reliability issues, and network disruptions.
(E) Analysis of potential implementation challenges,
including installation time, positive train control
integration complexities, component availability issues, and
tank car shop capabilities.
(F) Analysis of international experiences with the use of
advanced braking technologies.
(3) Deadline.--Not later than 18 months after the date of
enactment of this Act, the Government Accountability Office
shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the results of the independent
evaluation under paragraph (1).
(b) Emergency Braking Application Testing.--
(1) In general.--The Secretary of Transportation shall
enter into an agreement with the NCRRP Board--
(A) to complete testing of ECP brake systems during
emergency braking application, including more than 1 scenario
involving the uncoupling of a train with 70 or more DOT 117-
specification or DOT 117R-specification tank cars; and
(B) to transmit, not later than 18 months after the date of
enactment of this Act, to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the results of the testing.
(2) Independent experts.--In completing the testing under
paragraph (1), the NCRRP Board may contract with 1 or more
engineering or rail experts, as appropriate, with relevant
experience in conducting railroad safety technology tests or
similar crash tests.
(3) Testing framework.--In completing the testing under
paragraph (1), the NCRRP Board and each contractor described
in paragraph (2) shall ensure that the testing objectively,
accurately, and reliably measures the performance of ECP
brake systems relative to other braking technologies or
systems, such as distributed power and 2-way end-of-train
devices, including differences in--
(A) the number of cars derailed;
(B) the number of cars punctured;
(C) the measures of in-train forces; and
(D) the stopping distance.
(4) Funding.--The Secretary shall require, as part of the
agreement under paragraph (1), that the NCRRP Board fund the
testing required under this section--
(A) using such sums made available under section 24910 of
title 49, United States Code; and
(B) to the extent funding under subparagraph (A) is
insufficient or unavailable to fund the testing required
under this section, using such sums as are necessary from the
amounts appropriated to the Office of the Secretary.
(5) Equipment.--The NCRRP Board and each contractor
described in paragraph (2) may receive or use rolling stock,
track, and other equipment or infrastructure from a private
entity for the purposes of conducting the testing required
under this section.
(c) Evidence-based Approach.--
(1) Analysis.--The Secretary shall--
(A) not later than 90 days after the report date, fully
incorporate and reflect the findings from both reports into a
draft updated regulatory impact analysis of the effects of
the applicable ECP brake system requirements;
(B) as soon as practicable after completion of the draft
updated analysis under subparagraph (A), solicit public
comment on the analysis for a period of not more than 30
days; and
(C) not later than 60 days after the end of the public
comment period, post the final updated regulatory impact
analysis on the Department of Transportation Web site.
(2) Determination.--Not later than 180 days after the
report date, the Secretary shall--
(A) determine, based on whether the final regulatory impact
analysis described in paragraph (1)(C) demonstrates that the
benefits, including safety benefits, of the applicable ECP
brake system requirements exceed their costs, whether the
applicable ECP brake system requirements are justified; and
(B)(i) if the applicable ECP brake system requirements are
justified, publish in the Federal Register the determination
with the reasons for it; or
(ii) if the Secretary does not publish the determination
under clause (i), repeal the applicable ECP brake system
requirements.
(d) Definitions.--In this section:
(1) Applicable ecp brake system requirements.--The term
``applicable brake system requirements'' means sections
174.310(a)(3)(ii), 174.310(a)(3)(iii), 174.310(a)(5)(v),
179.102-10, 179.202-12(g), and 179.202-13(i) of title 49,
Code of Federal Regulations, and any other regulation in
effect on the date of enactment of this Act requiring the
installation of ECP brakes or operation in ECP brake mode.
(2) Class 3 flammable liquid.--The term ``Class 3 flammable
liquid'' has the meaning given the term in section 173.120(a)
of title 49, Code of Federal Regulations.
(3) ECP.--The term ``ECP'' means electronically-controlled
pneumatic when applied to a brake or brakes.
(4) ECP brake mode.--The term ``ECP brake mode'' includes
any operation of a rail car or an entire train using an ECP
brake system.
(5) ECP brake system.--
(A) In general.--The term ``ECP brake system'' means a
train power braking system actuated by compressed air and
controlled by electronic signals from the locomotive or an
ECP-EOT to the cars in the consist for service and emergency
applications in which the brake pipe is used to provide a
constant supply of compressed air to the reservoirs on each
car but does not convey braking signals to the car.
(B) Inclusions.--The term ``ECP brake system'' includes
dual mode and stand-alone ECP brake systems.
(6) High-hazard flammable unit train.--The term ``high-
hazard flammable unit train'' means a single train
transporting 70 or more loaded tank cars containing Class 3
flammable liquid.
(7) NCRRP board.--The term ``NCRRP Board'' means the
independent governing board of the National Cooperative Rail
Research Program.
(8) Railroad carrier.--The term ``railroad carrier'' has
the meaning given the term in section 20102 of title 49,
United States Code.
(9) Report date.--The term ``report date'' means the date
that both the report under subsection (a)(3) and the report
under subsection (b)(1)(B) have been transmitted under those
subsections.
SEC. 35436. RECORDING DEVICES.
(a) In General.--Subchapter II of chapter 201 is amended by
adding after section 20167 the following:
``Sec. 20168. Installation of audio and image recording
devices
``(a) In General.--Not later than 2 years after the date of
enactment of the Railroad Reform, Enhancement, and Efficiency
Act, the Secretary of Transportation shall promulgate
regulations to require each rail carrier that provides
regularly scheduled intercity rail passenger or commuter rail
passenger transportation to the public to install inward- and
outward-facing image recording devices in all controlling
locomotive cabs and cab car operating compartments in such
passenger trains.
``(b) Device Standards.--Each inward- and outward-facing
image recording device shall--
``(1) have a minimum 12-hour continuous recording
capability;
``(2) have crash and fire protections for any in-cab image
recordings that are stored only within a controlling
locomotive cab or cab car operating compartment; and
``(3) have recordings accessible for review during an
accident investigation.
``(c) Review.--The Secretary shall establish a process to
review and approve or disapprove an inward- or outward-facing
recording device for compliance with the standards described
in subsection (b).
``(d) Uses.--A rail carrier that has installed an inward-
or outward-facing image recording device approved under
subsection (c) may use recordings from that inward- or
outward-facing image recording device for the following
purposes:
``(1) Verifying that train crew actions are in accordance
with applicable safety laws and the rail carrier's operating
rules and procedures.
``(2) Assisting in an investigation into the causation of a
reportable accident or incident.
``(3) Carrying out efficiency testing and system-wide
performance monitoring programs.
``(4) Documenting a criminal act or monitoring unauthorized
occupancy of the controlling locomotive cab or car operating
compartment.
``(5) Other purposes that the Secretary considers
appropriate.
``(e) Voluntary Implementation.--
``(1) In general.--Each rail carrier operating freight rail
service may implement any inward- or outward-facing image
recording devices approved under subsection (c).
``(2) Authorized uses.--Notwithstanding any other provision
of law, each rail carrier may use recordings from an inward-
or outward-facing image recording device approved under
subsection (c) for any of the purposes described in
subsection (d).
``(f) Discretion.--
``(1) In general.--The Secretary may--
``(A) require in-cab audio recording devices for the
purposes described in subsection (d); and
``(B) define in appropriate technical detail the essential
features of the devices required under subparagraph (A).
``(2) Exemptions.--The Secretary may exempt any rail
passenger carrier or any part of a rail passenger carrier's
operations from the requirements under subsection (a) if the
[[Page S5647]]
Secretary determines that the rail passenger carrier has
implemented an alternative technology or practice that
provides an equivalent or greater safety benefit or is better
suited to the risks of the operation.
``(g) Tampering.--A rail carrier may take appropriate
enforcement or administrative action against any employee
that tampers with or disables an audio or inward- or outward-
facing image recording device installed by the rail carrier.
``(h) Preservation of Data.--Each rail passenger carrier
subject to the requirements of subsection (a) shall preserve
recording device data for 1 year after the date of a
reportable accident or incident.
``(i) Information Protections.--An in-cab audio or image
recording, and any part thereof, that the Secretary obtains
as part of an accident or incident investigated by the
Department of Transportation shall be exempt from disclosure
under section 552(b)(3) of title 5.
``(j) Prohibited Use.--An in-cab audio or image recording
obtained by a rail carrier under this section may not be used
to retaliate against an employee.
``(k) Savings Clause.--Nothing in this section may be
construed as requiring a rail carrier to cease or restrict
operations upon a technical failure of an inward- or outward-
facing image recording device. Such rail carrier shall repair
or replace the failed inward- or outward-facing image
recording device as soon as practicable.''.
(b) Conforming Amendment.--The table of contents for
subchapter II of chapter 201 is amended by adding at the end
the following:
``20168. Installation of audio and image recording devices.''.
SEC. 35437. RAIL PASSENGER TRANSPORTATION LIABILITY.
(a) Limitations.--Section 28103(a) is amended--
(1) in paragraph (2), by striking ``$200,000,000'' and
inserting ``$295,000,000, except as provided in paragraph
(3).''; and
(2) by adding at the end the following:
``(3) The liability cap under paragraph (2) shall be
adjusted every 5 years by the Secretary of Transportation to
reflect changes in the Consumer Price Index-All Urban
Consumers.
``(4) The Federal Government shall have no financial
responsibility for any claims described in paragraph (2).''.
(b) Definition of Rail Passenger Transportation.--Section
28103(e) is amended--
(1) in the heading, by striking ``Definition.--'' and
inserting ``Definitions.--'';
(2) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) the term `rail passenger transportation' includes
commuter rail passenger transportation (as defined in section
24102).''.
(c) Prohibition.--No Federal funds may be appropriated for
the purpose of paying for the portion of an insurance premium
attributable to the increase in allowable awards under the
amendments made by subsection (a).
(d) Effective Date.--The amendments made by subsection (a)
shall be effective for any passenger rail accident or
incident occurring on or after May 12, 2015.
SEC. 35438. MODIFICATION REPORTING.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall implement a
reporting requirement to monitor industry-wide progress
toward modifying tank cars used in high-hazard flammable
train service by the applicable deadlines or authorization
end dates set in regulation.
(b) Tank Car Data.--The Secretary shall collect data from
shippers and tank car owners on--
(1) the total number of tank cars modified to meet the DOT-
117R specification, or equivalent, specifying--
(A) the type or specification of each tank car before it
was modified, including non-jacketed DOT-111, jacketed DOT-
111, non-jacketed DOT-111 meeting the CPC-1232 standard, or
jacketed DOT-111 meeting the CPC-1232 standard; and
(B) the identification number of each Class 3 flammable
liquid carried by each tank car in the past year;
(2) the total number of tank cars built to meet the DOT-117
specification, or equivalent; and
(3) the total number of tank cars used or likely to be used
in high-hazard flammable train service that have not been
modified, specifying--
(A) the type or specification of each tank car not
modified, including the non-jacketed DOT-111, jacketed DOT-
111, non-jacketed DOT-111 meeting the CPC-1232 standard, or
jacketed DOT-111 meeting the CPC-1232 standard; and
(B) the identification number of each Class 3 flammable
liquid carried by each tank car in the past year.
(c) Tank Car Shop Data.--The Secretary shall conduct a
survey of tank car facilities modifying tank cars to the DOT-
117R specification, or equivalent, or building new tank cars
to the DOT-117 specification, or equivalent, to generate
statistically-valid estimates of the expected number of tank
cars those facilities expect to modify to DOT-117R
specification, or equivalent, or build to the DOT-117
specification, or equivalent.
(d) Frequency.--The Secretary shall collect the data under
subsection (b) and conduct the survey under subsection (c)
annually until May 1, 2025.
(e) Information Protections.--
(1) In general.--The Secretary shall only report data in
industry-wide totals and shall treat company-specific
information as confidential business information.
(2) Level of confidentiality.--The Secretary shall ensure
the data collected under subsection (b) and the survey data
under subsection (c) have the same level of confidentiality
as contained in the Confidential Information Protection and
Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note), as
administered by the Bureau of Transportation Statistics.
(3) Section 552(b)(3) of title 5.--Any information that the
Secretary obtains under subsection (b) or subsection (c) by
the Department of Transportation shall be exempt from
disclosure under section 552(b)(3) of title 5.
(4) Designee.--The Secretary may designate the Director of
the Bureau of Transportation Statistics to collect data under
subsection (b) and the survey data under subsection (c) and
direct the Director to ensure the confidentially of company-
specific information to the maximum extent permitted by law.
(f) Report.--Each year, not later than 60 days after the
date that both the collection of the data under subsection
(b) and the survey under subsection (c) are complete, the
Secretary shall report on the aggregate results, without
company-specific information, to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Transportation and Infrastructure of
the House of Representatives.
(g) Definitions.--In this section:
(1) Class 3 flammable liquid.--The term ``Class 3 flammable
liquid'' has the meaning given the term in section 173.120(a)
of title 49, Code of Federal Regulations.
(2) High-hazard flammable train.--The term ``high-hazard
flammable train'' means a single train transporting 20 or
more tank cars loaded with a Class 3 flammable liquid in a
continuous block or a single train transporting 35 or more
tank cars loaded with a Class 3 flammable liquid throughout
the train consist.
SEC. 35439. REPORT ON CRUDE OIL CHARACTERISTICS RESEARCH
STUDY.
Not later than 180 days after the research completion of
the comprehensive Crude Oil Characteristics Research
Sampling, Analysis, and Experiment (SAE) Plan study at Sandia
National Laboratories, the Secretary of Energy, in
cooperation with the Secretary of Transportation, shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Energy and
Natural Resources of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Energy and Commerce of
the House of Representatives that contains--
(1) the results of the comprehensive Crude Oil
Characteristics Research Sampling, Analysis, and Experiment
(SAE) Plan study; and
(2) recommendations, based on the findings of the study,
for--
(A) regulations that should be prescribed by the Secretary
of Transportation or the Secretary of Energy to improve the
safe transport of crude oil; and
(B) statutes that should be enacted by Congress to improve
the safe transport of crude oil.
PART IV--POSITIVE TRAIN CONTROL
SEC. 35441. COORDINATION OF SPECTRUM.
(a) Assessment.--The Secretary, in coordination with the
Chairman of the Federal Communications Commission, shall
assess spectrum needs and availability for implementing
positive train control systems (as defined in section
20157(i)(3) of title 49, United States Code). The Secretary
and the Chairman may consult with external stakeholders in
carrying out this section.
(b) Report.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall submit a report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that contains the results of
the assessment conducted under subsection (a).
SEC. 35442. UPDATED PLANS.
(a) Implementation.--Section 20157(a) is amended to read as
follows:
``(a) Implementation.--
``(1) Plan required.--Each Class I railroad carrier and
each entity providing regularly scheduled intercity or
commuter rail passenger transportation shall develop and
submit to the Secretary of Transportation a plan for
implementing a positive train control system by December 31,
2015, governing operations on--
``(A) its main line over which intercity rail passenger
transportation or commuter rail passenger transportation (as
defined in section 24102) is regularly provided;
``(B) its main line over which poison- or toxic-by-
inhalation hazardous materials (as defined in sections 171.8,
173.115, and 173.132 of title 49, Code of Federal
Regulations) are transported; and
``(C) such other tracks as the Secretary may prescribe by
regulation or order.
``(2) Interoperability and prioritization.--The plan shall
describe how the railroad carrier or other entity subject to
paragraph (1) will provide for interoperability of the
positive train control systems
[[Page S5648]]
with movements of trains of other railroad carriers over its
lines and shall, to the extent practical, implement the
positive train control systems in a manner that addresses
areas of greater risk before areas of lesser risk.
``(3) Secretarial review of updated plans.--
``(A) Submission of updated plans.--Notwithstanding the
deadline set forth in paragraph (1), not later than 90 days
after the date of enactment of the Railroad Reform,
Enhancement, and Efficiency Act, each Class I railroad
carrier or other entity subject to paragraph (1) may submit
to the Secretary an updated plan that amends the plan
submitted under paragraph (1) with an updated implementation
schedule (as described in paragraph (4)(B)) and milestones or
metrics (as described in paragraph (4)(A)) that demonstrate
that the railroad carrier or other entity will implement a
positive train control system as soon as practicable, if
implementing in accordance with the updated plan will not
introduce operational challenges or risks to full,
successful, and safe implementation.
``(B) Review of updated plans.--Not later than 150 days
after receiving an updated plan under subparagraph (A), the
Secretary shall review the updated plan and approve or
disapprove it. In determining whether to approve or
disapprove the updated plan, the Secretary shall consider
whether the railroad carrier or other entity submitting the
plan--
``(i)(I) has encountered technical or programmatic
challenges identified by the Secretary in the 2012 report
transmitted to Congress pursuant to subsection (d); and
``(II) the challenges referred to in subclause (I) have
negatively affected the successful implementation of positive
train control systems;
``(ii) has demonstrated due diligence in its effort to
implement a positive train control system;
``(iii) has included in its plan milestones or metrics that
demonstrate the railroad carrier or other entity will
implement a positive train control system as soon as
practicable, if implementing in accordance with the
milestones or metrics will not introduce operational
challenges or risks to full, successful, and safe
implementation; and
``(iv) has set an implementation schedule in its plan that
shows the railroad will comply with paragraph (7), if
implementing in accordance with the implementation schedule
will not introduce operational challenges or risks to full,
successful, and safe implementation.
``(C) Modification of updated plans.--(i) If the Secretary
has not approved an updated plan under subparagraph (B)
within 60 days of receiving the updated plan under
subparagraph (A), the Secretary shall immediately--
``(I) provide a written response to the railroad carrier or
other entity that identifies the reason for not approving the
updated plan and explains any incomplete or deficient items;
``(II) allow the railroad carrier or other entity to
submit, within 30 days of receiving the written response
under subclause (I), a modified version of the updated plan
for the Secretary's review; and
``(III) approve or issue final disapproval for a modified
version of the updated plan submitted under subclause (II)
not later than 60 days after receipt.
``(ii) During the 60-day period described in clause
(i)(III), the railroad or other entity that has submitted a
modified version of the updated plan under clause (i)(II) may
make additional modifications, if requested by the Secretary,
for the purposes of correcting incomplete or deficient items
to receive approval.
``(D) Public availability.--Not later than 30 days after
approving an updated plan under this paragraph, the Secretary
shall make the updated plan available on the website of the
Federal Railroad Administration.
``(E) Pending reviews.--For an applicant that submits an
updated plan under subparagraph (A), the Secretary shall
extend the deadline for implementing a positive train control
system at least until the date the Secretary approves or
issues final disapproval for the updated plan with an updated
implementation schedule (as described in paragraph (4)(B)).
``(F) Disapproval.--A railroad carrier or other entity that
has its modified version of its updated plan disapproved by
the Secretary under subparagraph (C)(i)(III), and that has
not implemented a positive train control system by the
deadline in subsection (a)(1), is subject to enforcement
action authorized under subsection (e).
``(4) Contents of updated plan.--
``(A) Milestones or metrics.--Each updated plan submitted
under paragraph (3) shall describe the following milestones
or metrics:
``(i) The total number of components that will be installed
with positive train control by the end of each calendar year
until positive train control is fully implemented, with
totals separated by each component category.
``(ii) The number of employees that will receive the
training, as required under the applicable positive train
control system regulations, by the end of each calendar year
until positive train control is fully implemented.
``(iii) The calendar year or years in which spectrum will
be acquired and will be available for use in all areas that
it is needed for positive train control implementation, if
such spectrum is not already acquired and ready for use.
``(B) Implementation schedule.--Each updated plan submitted
under paragraph (3) shall include an implementation schedule
that identifies the dates by which the railroad carrier or
other entity will--
``(i) fully implement a positive train control system;
``(ii) complete all component installation, consistent with
the milestones or metrics described in subparagraph (A)(i);
``(iii) complete all employee training required under the
applicable positive train control system regulations,
consistent with the milestones or metrics described in
subparagraph (A)(ii);
``(iv) acquire all necessary spectrum, consistent with the
milestones or metrics in subparagraph (A)(iii); and
``(v) activate its positive train control system.
``(C) Additional information.--Each updated plan submitted
under paragraph (3) shall include--
``(i) the total number of positive train control components
required for implementation, with totals separated by each
major component category;
``(ii) the total number of employees requiring training
under the applicable positive train control system
regulations;
``(iii) a summary of the remaining challenges to positive
train control system implementation, including--
``(I) testing issues;
``(II) interoperability challenges;
``(III) permitting issues; and
``(IV) certification challenges.
``(D) Defined term.--In this paragraph, the term
`component' means a locomotive apparatus, a wayside interface
unit (including any associated legacy signal system
replacements), back office system hardware, a base station
radio, a wayside radio, or a locomotive radio.
``(5) Plan implementation.--The Class I railroad carrier or
other entity subject to paragraph (1) shall implement a
positive train control system in accordance with its plan,
including any amendments made to the plan by its updated plan
approved by the Secretary under paragraph (3), and subject to
section 35443 of the Railroad Reform, Enhancement, and
Efficiency Act.
``(6) Progress report.--Each Class I railroad carrier or
other entity with an approved updated plan shall submit an
annual report to the Secretary that describes the progress
made on positive train control implementation, including--
``(A) the extent to which the railroad carrier or other
entity met or exceeded the metrics or milestones described in
paragraph (4)(A);
``(B) the extent to which the railroad carrier or other
entity complied with its implementation schedule under
paragraph (4)(B); and
``(C) any update to the information provided under
paragraph (4)(C).
``(7) Constraint.--Each updated plan shall reflect that the
railroad carrier or other entity subject to paragraph (1)
will, not later than December 31, 2018--
``(A) complete component installation and spectrum
acquisition; and
``(B) activate its positive train control system without
undue delay.''.
(b) Enforcement.--Section 20157(e) is amended to read as
follows:
``(e) Enforcement.--The Secretary is authorized to assess
civil penalties pursuant to chapter 213 for the failure to
submit or comply with a plan for implementing positive train
control under subsection (a), including any amendments to the
plan made by an updated plan (including milestones or metrics
and an updated implementation schedule) approved by the
Secretary under paragraph (3) of such subsection, subject to
section 35443 of the Railroad Reform, Enhancement, and
Efficiency Act.''.
(c) Definitions.--Section 20157(i) is amended--
(1) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively; and
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) Activate.--The term `activate' means to initiate the
use of a positive train control system in every subdivision
or district where the railroad carrier or other entity is
prepared to do so safely, reliably, and successfully, and
proceed with revenue service demonstration as necessary for
system testing and certification, prior to full
implementation.''.
(d) Conforming Amendment.--Section 20157(g) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Conforming regulatory amendments.--Immediately after
the date of the enactment of the Railroad Reform,
Enhancement, and Efficiency Act, the Secretary--
``(A) shall remove or revise any references to specified
dates in the regulations or orders implementing this section
to the extent necessary to conform with the amendments made
by such Act; and
``(B) may not enforce any such date-specific deadlines or
requirements that are inconsistent with the amendments made
by such Act.''.
(e) Savings Provisions.--
[[Page S5649]]
(1) Resubmission of information.--Nothing in the amendments
made by this section may be construed to require a Class I
railroad carrier or other entity subject to section 20157(a)
of title 49, United States Code, to resubmit in its updated
plan information from its initial implementation plan that is
not changed or affected by the updated plan. The Secretary
shall consider an updated plan submitted pursuant to
paragraph (3) of that section to be an addendum that makes
amendments to the initial implementation plan.
(2) Submission of new plan.--Nothing in the amendments made
by this section may be construed to require a Class I
railroad carrier or other entity subject to section 20157(a)
of title 49, United States Code, to submit a new
implementation plan pursuant to the deadline set forth in
that section.
(3) Approval.--A railroad carrier or other entity subject
to section 20157(a) of title 49, United States Code, that has
its updated plan, including a modified version of the updated
plan, approved by the Secretary under subparagraph (B) or
subparagraph (C) of paragraph (3) of that section shall not
be required to implement a positive train control system by
the deadline under paragraph (1) of that section.
SEC. 35443. EARLY ADOPTION AND INTEROPERABILITY.
(a) Early Adoption.--During the 1-year period beginning on
the date on which the last railroad carrier's or other
entity's positive train control system, subject to section
20157(a) of title 49, United States Code, is certified by the
Secretary under subsection (h) of such section and
implemented on all of that railroad carrier's or other
entity's lines required to have operations governed by a
positive train control system, any railroad carrier or other
entity shall not be subject to the operational restrictions
set forth in subpart I of part 236 of title 49, Code of
Federal Regulations, that would otherwise apply in the event
of a positive train control system component failure.
(b) Interoperability Procedure.--If multiple railroad
carriers operate on a single railroad line through a trackage
or haulage agreement, each railroad carrier operating on the
railroad line shall not be subject to the operating
restrictions set forth in subpart I of part 236 of title 49,
Code of Federal Regulations, with respect to the railroad
line, until the Secretary certifies that--
(1) each Class I railroad carrier and each entity providing
regularly scheduled intercity or commuter rail passenger
transportation that operates on the railroad line is in
compliance with its positive train control requirements under
section 20157(a) of title 49, United States Code;
(2) each Class II or Class III railroad that operates on
the railroad line is in compliance with the applicable
regulatory requirements to equip locomotives operating in
positive train control territory; and
(3) the implementation of any and all positive train
control systems are interoperable and operational on the
railroad line in conformance with each approved
implementation plan so that each freight and passenger
railroad can operate on the line with that freight or
passenger railroad's positive train control equipment.
(c) Small Railroads.--Not later than 120 days after the
date of the enactment of this Act, the Secretary shall amend
section 236.1006(b)(4)(iii)(B) of title 49, Code of Federal
Regulations (relating to equipping locomotives for applicable
Class II and Class III railroads operating in positive train
control territory) to extend each deadline by 3 years.
(d) Enforcement.--
(1) In general.--Subject to paragraph (2), nothing in
subsection (a) may be construed to prohibit the Secretary
from enforcing the metrics and milestones under section
20157(a)(4)(A) of title 49, United States Code, as amended by
section 35442 of this Act.
(2) Activation.--Beginning on the date in which a railroad
carrier or other entity subject to section 20157(a) of title
49, United States Code, as amended by section 35442 of this
Act, has activated its positive train control system, the
railroad carrier or other entity shall not be in violation of
its plan, including its updated plan, approved under this Act
if implementing such plan introduces operational challenges
or risks to full, successful, and safe implementation.
SEC. 35444. POSITIVE TRAIN CONTROL AT GRADE CROSSINGS
EFFECTIVENESS STUDY.
(a) Study.--After the Secretary certifies that each Class I
railroad carrier and each entity providing regularly
scheduled intercity or commuter rail passenger transportation
is in compliance with the positive train control requirements
under section 20157(a) of title 49, United States Code, the
Secretary shall enter into an agreement with the National
Cooperative Rail Research Program Board--
(1) to conduct a study of the possible effectiveness of
positive train control and related technologies on reducing
collisions at highway-rail grade crossings; and
(2) to submit a report containing the results of the study
conducted under paragraph (1) to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives.
(b) Funding.--The Secretary may require, as part of the
agreement under subsection (a), that the National Cooperative
Rail Research Program Board fund the study required under
this section using such sums as may be necessary out of the
amounts made available under section 24910 of title 49,
United States Code.
Subtitle E--Project Delivery
SEC. 35501. SHORT TITLE.
This subtitle may be cited as the ``Track, Railroad, and
Infrastructure Network Act''.
SEC. 35502. PRESERVATION OF PUBLIC LANDS.
(a) Highways.--Section 138 of title 23, United States Code,
is amended--
(1) in subsection (b)(2)(A)(i), by inserting ``, taking
into consideration any avoidance, minimization, and
mitigation or enhancement measures incorporated into the
program or project'' after ``historic site''; and
(2) by adding at the end the following:
``(c) Rail and Transit.--Improvements to, or the
maintenance, rehabilitation, or operation of, railroad or
rail transit lines or elements of such lines, with the
exception of stations, that are in use or were historically
used for the transportation of goods or passengers, shall not
be considered a use of an historic site under subsection (a),
regardless of whether the railroad or rail transit line or
element of such line is listed on, or eligible for listing
on, the National Register of Historic Places.''.
(b) Transportation Projects.--Section 303 is amended--
(1) in subsection (c), by striking ``subsection (d)'' and
inserting ``subsections (d) and (e)'';
(2) in subsection (d)(2)(A)(i), by inserting ``, taking
into consideration any avoidance, minimization, and
mitigation or enhancement measures incorporated into the
program or project'' after ``historic site''; and
(3) by adding at the end the following:
``(e) Rail and Transit.--Improvements to, or the
maintenance, rehabilitation, or operation of, railroad or
rail transit lines or elements of such lines, with the
exception of stations, that are in use or were historically
used for the transportation of goods or passengers, shall not
be considered a use of an historic site under subsection (c),
regardless of whether the railroad or rail transit line or
element of such line is listed on, or eligible for listing
on, the National Register of Historic Places.''.
SEC. 35503. EFFICIENT ENVIRONMENTAL REVIEWS.
(a) In General.--Section 304 is amended--
(1) in the heading, by striking ``for multimodal projects''
and inserting ``and increasing the efficiency of
environmental reviews''; and
(2) by adding at the end the following:
``(e) Efficient Environmental Reviews.--
``(1) In general.--The Secretary of Transportation shall
apply the project development procedures, to the greatest
extent feasible, described in section 139 of title 23, United
States Code, to any rail project that requires the approval
of the Secretary of Transportation under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) Regulations and procedures.--The Secretary of
Transportation shall incorporate such project development
procedures into the agency regulations and procedures
pertaining to rail projects.
``(f) Applicability of NEPA Decisions.--
``(1) In general.--A Department of Transportation operating
administration may apply a categorical exclusion designated
by another Department of Transportation operating
administration under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(2) Findings.--A Department of Transportation operating
administration may adopt, in whole or in part, another
Department of Transportation operating administration's
Record of Decision, Finding of No Significant Impact, and any
associated evaluations, determinations, or findings
demonstrating compliance with any law related to
environmental review or historic preservation.''.
SEC. 35504. ADVANCE ACQUISITION.
(a) In General.--Chapter 241 is amended by inserting after
section 24105 the following--
``Sec. 24106. Advance acquisition
``(a) Rail Corridor Preservation.--The Secretary may assist
a recipient of funding in acquiring right-of-way and adjacent
real property interests before or during the completion of
the environmental reviews for any project receiving funding
under subtitle V of title 49, United States Code, that may
use such property interests if the acquisition is otherwise
permitted under Federal law, and the recipient requesting
Federal funding for the acquisition certifies, with the
concurrence of the Secretary, that--
``(1) the recipient has authority to acquire the right-of-
way or adjacent real property interest; and
``(2) the acquisition of the right-of-way or adjacent real
property interest--
``(A) is for a transportation or transportation-related
purpose;
``(B) will not cause significant adverse environmental
impact;
``(C) will not limit the choice of reasonable alternatives
for the proposed project or otherwise influence the decision
of the Secretary on any approval required for the proposed
project;
``(D) does not prevent the lead agency for the review
process from making an impartial decision as to whether to
accept an alternative that is being considered;
``(E) complies with other applicable Federal law, including
regulations;
``(F) will be acquired through negotiation and without the
threat of condemnation; and
``(G) will not result in the elimination or reduction of
benefits or assistance to a displaced person under the
Uniform Relocation
[[Page S5650]]
Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4601 et seq.) and title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d et seq.).
``(b) Environmental Reviews.--
``(1) Completion of nepa review.--Before authorizing any
Federal funding for the acquisition of a real property
interest that is the subject of a grant or other funding
under this subtitle, the Secretary shall complete, if
required, the review process under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to
the acquisition.
``(2) Completion of section 106.--An acquisition of a real
property interest involving an historic site shall not occur
unless the section 106 process, if required, under the
National Historic Preservation Act (54 U.S.C. 306108) is
complete.
``(3) Timing of acquisitions.--A real property interest
acquired under subsection (a) may not be developed in
anticipation of the proposed project until all required
environmental reviews for the project have been completed.''.
(b) Conforming Amendment.--The table of contents of chapter
241 is amended by inserting after the item relating to
section 24105 the following:
``24106. Advance acquisition.''.
SEC. 35505. RAILROAD RIGHTS-OF-WAY.
Section 306108 of title 54, United States Code, is
amended--
(1) by inserting ``(b) Opportunity To Comment.--'' before
``The head of the Federal agency shall afford'' and indenting
accordingly;
(2) in the matter before subsection (b), by inserting ``(a)
In General.--'' before ``The head of any Federal agency
having direct'' and indenting accordingly; and
(3) by adding at the end the following:
``(c) Exemption for Railroad Rights-of-Way.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Track, Railroad, and Infrastructure Network
Act, the Secretary of Transportation shall submit a proposed
exemption of railroad rights-of-way from the review under
this chapter to the Council for its consideration, consistent
with the exemption for interstate highways approved on March
10, 2005 (70 Fed. Reg. 11,928).
``(2) Final exemption.--Not later than 180 days after the
date that the Secretary submits the proposed exemption under
paragraph (1) to the Council, the Council shall issue a final
exemption of railroad rights-of-way from review under this
chapter, consistent with the exemption for interstate
highways approved on March 10, 2005 (70 Fed. Reg. 11,928).''.
SEC. 35506. SAVINGS CLAUSE.
Nothing in this title, or any amendment made by this title,
shall be construed as superceding, amending, or modifying the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) or affect the responsibility of any Federal officer to
comply with or enforce any such statute.
SEC. 35507. TRANSITION.
Nothing in this title, or any amendment made by this title,
shall affect any existing environmental review process,
program, agreement, or funding arrangement approved by the
Secretary under title 49, United States Code, as that title
was in effect on the day preceding the date of enactment of
this subtitle.
Subtitle F--Financing
SEC. 35601. SHORT TITLE; REFERENCES.
(a) Short Title.--This subtitle may be cited as the
``Railroad Infrastructure Financing Improvement Act''.
(b) References to the Railroad Revitalization and
Regulatory Reform Act of 1976.--Except as otherwise expressly
provided, wherever in this subtitle an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Railroad
Revitalization and Regulatory Reform Act of 1976, as amended
(45 U.S.C. 801 et seq.).
SEC. 35602. DEFINITIONS.
Section 501 (45 U.S.C. 821) is amended--
(1) by redesignating paragraph (8) as paragraph (10);
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(3) by inserting after paragraph (5) the following:
``(6) The term `investment-grade rating' means a rating of
BBB minus, Baa 3, bbb minus, BBB(low), or higher assigned by
a rating agency.'';
(4) by inserting after paragraph (8), as redesignated, the
following:
``(9) The term `master credit agreement' means an agreement
to make 1 or more direct loans or loan guarantees at future
dates for a program of related projects on terms acceptable
to the Secretary.''; and
(5) by adding at the end the following:
``(11) The term `project obligation' means a note, bond,
debenture, or other debt obligation issued by a borrower in
connection with the financing of a project, other than a
direct loan or loan guarantee under this title.
``(12) The term `railroad' has the meaning given the term
`railroad carrier' in section 20102 of title 49, United
States Code.
``(13) The term `rating agency' means a credit rating
agency registered with the Securities and Exchange Commission
as a nationally recognized statistical rating organization
(as defined in section 3(a) of the Securities Exchange Act of
1934 (15 U.S.C. 78c(a))).
``(14) The term `substantial completion' means--
``(A) the opening of a project to passenger or freight
traffic; or
``(B) a comparable event, as determined by the Secretary
and specified in the direct loan.''.
SEC. 35603. ELIGIBLE APPLICANTS.
Section 502(a) (45 U.S.C. 822(a)) is amended--
(1) in paragraph (5), by striking ``one railroad; and'' and
inserting ``1 of the entities described in paragraph (1),
(2), (3), (4), or (6);''; and
(2) by amending paragraph (6) to read as follows:
``(6) solely for the purpose of constructing a rail
connection between a plant or facility and a rail carrier,
limited option freight shippers that own or operate a plant
or other facility; and''.
SEC. 35604. ELIGIBLE PURPOSES.
Section 502(b)(1) (45 U.S.C. 822(b)(1)) is amended--
(1) in subparagraph (A), by inserting ``, and costs related
to these activities, including pre-construction costs'' after
``shops'';
(2) in subparagraph (B), by striking ``subparagraph (A);
or'' and inserting ``subparagraph (A) or (C);'';
(3) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(D) reimburse planning and design expenses relating to
projects described in subparagraph (A) or (C).''.
SEC. 35605. PROGRAM ADMINISTRATION.
(a) Application Processing Procedures.--Section 502(i) (45
U.S.C. 822(i)) is amended to read as follows:
``(i) Application Processing Procedures.--
``(1) Application status notices.--Not later than 30 days
after the date that the Secretary receives an application
under this section, the Secretary shall provide the applicant
written notice as to whether the application is complete or
incomplete.
``(2) Incomplete applications.--If the Secretary determines
that an application is incomplete, the Secretary shall--
``(A) provide the applicant with a description of all of
the specific information or material that is needed to
complete the application; and
``(B) allow the applicant to resubmit the information and
material described under subparagraph (A) to complete the
application.
``(3) Application approvals and disapprovals.--
``(A) In general.--Not later than 60 days after the date
the Secretary notifies an applicant that an application is
complete under paragraph (1), the Secretary shall provide the
applicant written notice as to whether the Secretary has
approved or disapproved the application.
``(B) Actions by the office of management and budget.--In
order to enable compliance with the time limit under
subparagraph (A), the Office of Management and Budget shall
take any action required with respect to the application
within that 60-day period.
``(4) Expedited processing.--The Secretary shall implement
procedures and measures to economize the time and cost
involved in obtaining an approval or a disapproval of credit
assistance under this title.
``(5) Dashboard.--The Secretary shall post on the
Department of Transportation's public Web site a monthly
report that includes for each application--
``(A) the name of the applicant or applicants;
``(B) the location of the project;
``(C) a brief description of the project, including its
purpose;
``(D) the requested direct loan or loan guarantee amount;
``(E) the date on which the Secretary provided application
status notice under paragraph (1); and
``(F) the date that the Secretary provided notice of
approval or disapproval under paragraph (3).''.
(b) Administration of Direct Loans and Loan Guarantees.--
Section 503 (45 U.S.C. 823) is amended--
(1) in subsection (a), by striking the period at the end
and inserting ``, including a program guide and standard term
sheet and specific timetables.'';
(2) by redesignating subsections (c) through (l) as
subsections (d) through (m), respectively;
(3) by striking ``(b) Assignment of Loan Guarantees.--''
and inserting ``(c) Assignment of Loan Guarantees.--'';
(4) in subsection (d), as redesignated--
(A) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) the modification cost has been covered under section
502(f).''; and
(5) by amending subsection (l), as redesignated, to read as
follows:
``(l) Charges and Loan Servicing.--
``(1) Purposes.--The Secretary may collect and spend from
each applicant, obligor, or loan party a reasonable charge
for--
``(A) the cost of evaluating the application, amendments,
modifications, and waivers, including for evaluating project
viability, applicant creditworthiness, and the appraisal of
the value of the equipment or facilities for which the direct
loan or loan guarantee is
[[Page S5651]]
sought, and for making necessary determinations and findings;
``(B) the cost of award management and project management
oversight;
``(C) the cost of services from expert firms, including
counsel, and independent financial advisors to assist in the
underwriting, auditing, servicing, and exercise of rights
with respect to direct loans and loan guarantees; and
``(D) the cost of all other expenses incurred as a result
of a breach of any term or condition or any event of default
on a direct loan or loan guarantee.
``(2) Standards.--The Secretary may charge different
amounts under this subsection based on the different costs
incurred under paragraph (1).
``(3) Servicer.--
``(A) In general.--The Secretary may appoint a financial
entity to assist the Secretary in servicing a direct loan or
loan guarantee under this section.
``(B) Duties.--A servicer appointed under subparagraph (A)
shall act as the agent of the Secretary in serving a direct
loan or loan guarantee under this section.
``(C) Fees.--A servicer appointed under subparagraph (A)
shall receive a servicing fee from the obligor or other loan
party, subject to approval by the Secretary.
``(4) Safety and operations account.--Amounts collected
under this subsection shall--
``(A) be credited directly to the Safety and Operations
account of the Federal Railroad Administration; and
``(B) remain available until expended to pay for the costs
described in this subsection.''.
SEC. 35606. LOAN TERMS AND REPAYMENT.
(a) Prerequisites for Assistance.--Section 502(g)(1) (45
U.S.C. 822(g)(1)) is amended by striking ``35 years from the
date of its execution'' and inserting ``the lesser of 35
years after the date of substantial completion of the project
or the estimated useful life of the rail equipment or
facilities to be acquired, rehabilitated, improved,
developed, or established''.
(b) Repayment Schedules.--Section 502(j) (45 U.S.C. 822(j))
is amended--
(1) in paragraph (1), by striking ``the sixth anniversary
date of the original loan disbursement'' and inserting ``5
years after the date of substantial completion''; and
(2) by adding at the end the following:
``(3) Deferred payments.--
``(A) In general.--If at any time after the date of
substantial completion the project is unable to generate
sufficient revenues to pay the scheduled loan repayments of
principal and interest on the direct loan, the Secretary,
subject to subparagraph (B), may allow, for a maximum
aggregate time of 1 year over the duration of the direct
loan, the obligor to add unpaid principal and interest to the
outstanding balance of the direct loan.
``(B) Interest.--A payment deferred under subparagraph (A)
shall--
``(i) continue to accrue interest under paragraph (2) until
the loan is fully repaid; and
``(ii) be scheduled to be amortized over the remaining term
of the loan.
``(4) Prepayments.--
``(A) Use of excess revenues.--Any excess revenues that
remain after satisfying scheduled debt service requirements
on the project obligations and direct loan and all deposit
requirements under the terms of any trust agreement, bond
resolution, or similar agreement securing project obligations
may be applied annually to prepay the direct loan without
penalty.
``(B) Use of proceeds of refinancing.--The direct loan may
be prepaid at any time without penalty from the proceeds of
refinancing from non-Federal funding sources.''.
(c) Sale of Direct Loans.--Section 502 (45 U.S.C. 822) is
amended by adding at the end the following:
``(k) Sale of Direct Loans.--
``(1) In general.--Subject to paragraph (2) and as soon as
practicable after substantial completion of a project, the
Secretary, after notifying the obligor, may sell to another
entity or reoffer into the capital markets a direct loan for
the project if the Secretary determines that the sale or
reoffering has a high probability of being made on favorable
terms.
``(2) Consent of obligor.--In making a sale or reoffering
under paragraph (1), the Secretary may not change the
original terms and conditions of the secured loan without the
prior written consent of the obligor''.
(d) Nonsubordination.--Section 502 (45 U.S.C. 822), as
amended in subsection (c), is further amended by adding at
the end the following:
``(l) Nonsubordination.--
``(1) In general.--Except as provided in paragraph (2)(B),
a direct loan shall not be subordinated to the claims of any
holder of project obligations in the event of bankruptcy,
insolvency, or liquidation of the obligor.
``(2) Preexisting indentures.--
``(A) In general.--The Secretary may waive the requirement
under paragraph (1) for a public agency borrower that is
financing ongoing capital programs and has outstanding senior
bonds under a preexisting indenture if--
``(i) the direct loan is rated in the A category or higher;
``(ii) the direct loan is secured and payable from pledged
revenues not affected by project performance, such as a tax-
based revenue pledge or a system-backed pledge of project
revenues; and
``(iii) the program share, under this title, of eligible
project costs is 50 percent or less.
``(B) Limitation.--The Secretary may impose limitations for
the waiver of the nonsubordination requirement under this
paragraph if the Secretary determines that such limitations
would be in the financial interest of the Federal
Government.''.
SEC. 35607. CREDIT RISK PREMIUMS.
Section 502(f) (45 U.S.C. 822(f)) is amended--
(1) in paragraph (1), by amending the first sentence to
read as follows: ``In lieu of or in combination with
appropriations of budget authority to cover the costs of
direct loans and loan guarantees as required under section
504(b)(1) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661c(b)(1)), including the cost of a modification thereof,
the Secretary may accept on behalf of an applicant for
assistance under this section a commitment from a non-Federal
source, including a State or local government or agency or
public benefit corporation or public authority thereof, to
fund in whole or in part credit risk premiums and
modification costs with respect to the loan that is the
subject of the application or modification.'';
(2) in paragraph (2)--
(A) in subparagraph (D), by adding ``and'' after the
semicolon;
(B) by striking subparagraph (E); and
(C) by redesignating subparagraph (F) as subparagraph (E);
(3) by striking paragraph (4);
(4) by redesignating paragraph (3) as paragraph (4);
(5) by inserting after paragraph (2) the following:
``(3) Creditworthiness.--An applicant may propose and the
Secretary may accept as a basis for determining the amount of
the credit risk premium under paragraph (2) any of the
following in addition to the value of any tangible asset:
``(A) The net present value of a future stream of State or
local subsidy income or other dedicated revenues to secure
the direct loan or loan guarantee.
``(B) Adequate coverage requirements to ensure repayment,
on a non-recourse basis, from cash flows generated by the
project or any other dedicated revenue source, including--
``(i) tolls;
``(ii) user fees; or
``(iii) payments owing to the obligor under a public-
private partnership.
``(C) An investment-grade rating on the direct loan or loan
guarantee, as applicable, except that if the total amount of
the direct loan or loan guarantee is greater than
$75,000,000, the applicant shall have an investment-grade
rating from at least 2 rating agencies on the direct loan or
loan guarantee.''; and
(6) in paragraph (4), as redesignated, by striking
``amounts'' and inserting ``amounts (and in the case of a
modification, before the modification is executed), to the
extent appropriations are not available to the Secretary to
meet the costs of direct loans and loan guarantees, including
costs of modifications thereof''.
SEC. 35608. MASTER CREDIT AGREEMENTS.
Section 502 (45 U.S.C. 822), as amended by subsections (c)
and (d) of section 35606 of this Act, is further amended by
adding at the end the following:
``(m) Master Credit Agreements.--
``(1) In general.--Subject to section 502(d) and paragraph
(2) of this subsection, the Secretary may enter into a master
credit agreement that is contingent on all of the conditions
for the provision of a direct loan or loan guarantee, as
applicable, under this title and other applicable
requirements being satisfied prior to the issuance of the
direct loan or loan guarantee.
``(2) Conditions.--Each master credit agreement shall--
``(A) establish the maximum amount and general terms and
conditions of each applicable direct loan or loan guarantee;
``(B) identify 1 or more dedicated non-Federal revenue
sources that will secure the repayment of each applicable
direct loan or loan guarantee;
``(C) provide for the obligation of funds for the direct
loans or loan guarantees contingent on and after all
requirements have been met for the projects subject to the
master credit agreement; and
``(D) provide 1 or more dates, as determined by the
Secretary, before which the master credit agreement results
in each of the direct loans or loan guarantees or in the
release of the master credit agreement.''.
SEC. 35609. PRIORITIES AND CONDITIONS.
(a) Priority Projects.--Section 502(c) (45 U.S.C. 822(c))
is amended--
(1) in paragraph (1), by inserting ``, including projects
for the installation of a positive train control system (as
defined in section 20157(i) of title 49, United States
Code)'' after ``public safety'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (2), respectively;
(3) in paragraph (5), by inserting ``or chapter 227 of
title 49'' after ``section 135 of title 23'';
(4) by redesignating paragraphs (6) through (8) as
paragraphs (7) through (9), respectively; and
(5) by inserting after paragraph (5) the following:
``(6) improve railroad stations and passenger facilities
and increase transit-oriented development;''.
[[Page S5652]]
(b) Conditions of Assistance.--Section 502(h) (45 U.S.C.
822(h)) is amended in paragraph (2), by inserting ``, if
applicable'' after ``project''.
SEC. 35610. SAVINGS PROVISION.
(a) In General.--Except as provided in subsection (b), this
subtitle, and the amendments made by this subtitle, shall not
affect any direct loan (or direct loan obligation) or an
outstanding loan guarantee (or loan guarantee commitment)
that was in effect prior to the date of enactment of this
Act. Any such transaction entered into before the date of
enactment of this Act shall be administered until completion
under its terms as if this Act were not enacted.
(b) Modification Costs.--At the discretion of the
Secretary, the authority to accept modification costs on
behalf of an applicant under section 502(f) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
822(f)), as amended by section 35607 of this Act, may apply
with respect to any direct loan (or direct loan obligation)
or an outstanding loan guarantee (or loan guarantee
commitment) that was in effect prior to the date of enactment
of this Act.
DIVISION D--FREIGHT AND MAJOR PROJECTS
TITLE XLI--FREIGHT POLICY
SEC. 41001. ESTABLISHMENT OF FREIGHT CHAPTER.
(a) Freight.--Subtitle III of title 49, United States Code,
is amended by inserting after chapter 53 the following:
``CHAPTER 54--FREIGHT
``5401. Definitions.
``5402. National multimodal freight policy.
``5403. National multimodal freight network.
``5404. National freight strategic plan.
``5405. State freight advisory committees.
``5406. State freight plans.
``5407. Transportation investment planning and data tools.
``5408. Savings provision.
``5409. Assistance for freight projects.
``Sec. 5401. Definitions
``In this chapter:
``(1) Economic competitiveness.--The term `economic
competitiveness' means the ability of the economy to
efficiently move freight and people, produce goods, and
deliver services, including--
``(A) reductions in the travel time of freight;
``(B) reductions in the congestion caused by the movement
of freight;
``(C) improvements to freight travel time reliability; and
``(D) reductions in freight transportation costs due to
congestion and insufficient infrastructure.
``(2) Freight.--The term `freight' means the commercial
transportation of cargo, including agricultural,
manufactured, retail, or other goods by vessel, vehicle,
pipeline, or rail.
``(3) Freight transportation modes.--The term `freight
transportation modes' means--
``(A) the infrastructure supporting any mode of
transportation that moves freight, including highways, ports,
waterways, rail facilities, and pipelines; and
``(B) any vehicles or equipment transporting goods on such
infrastructure.
``(4) National highway freight network.--The term `national
highway freight network' means the network established under
section 167 of title 23.
``(5) National multimodal freight network.--The term
`national multimodal freight network' means the network
established under section 5403.
``(6) National multimodal freight strategic plan.--The term
`national multimodal freight strategic plan' means the
strategic plan developed under section 5404.
``(7) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(8) State.--The term `State' means a State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, Guam,
American Samoa, and the United States Virgin Islands.''.
(b) Technical and Conforming Amendment.--The table of
chapters for subtitle III of title 49, United States Code, is
amended by inserting after the item relating to chapter 53
the following:
``54. Freight...............................................5401''.....
SEC. 41002. NATIONAL MULTIMODAL FREIGHT POLICY.
Chapter 54 of subtitle III of title 49, United States Code,
as added by section 41001, is amended by adding after section
5401 the following:
``Sec. 5402. National multimodal freight policy
``(a) Policy.--It is the policy of the United States--
``(1) to support investment to maintain and improve the
condition and performance of the national multimodal freight
network;
``(2) to ensure that the United States maximizes its
competitiveness in the global economy by increasing the
overall productivity and connectivity of the national freight
system; and
``(3) to pursue the goals described in subsection (b).
``(b) Goals.--The national multimodal freight policy has
the following goals:
``(1) To enhance the economic competitiveness of the United
States by investing in infrastructure improvements and
implementing operational improvements on the freight network
of the United States that achieve 1 or more of the following:
``(A) Strengthen the contribution of the national freight
network to the economic competitiveness of the United States.
``(B) Reduce congestion and relieve bottlenecks in the
freight transportation system.
``(C) Reduce the cost of freight transportation.
``(D) Improve the reliability of freight transportation.
``(E) Increase productivity, particularly for domestic
industries and businesses that create jobs.
``(2) To improve the safety, security, efficiency, and
resiliency of freight transportation in rural and urban
areas.
``(3) To improve the condition of the national freight
network.
``(4) To use advanced technology to improve the safety and
efficiency of the national freight network.
``(5) To incorporate concepts of performance, innovation,
competition, and accountability into the operation and
maintenance of the national freight network.
``(6) To improve the efficiency and productivity of the
national freight network.
``(7) To pursue these goals in a manner that is not
burdensome to State and local governments.
``(c) Strategies.--The United States may achieve the goals
described in subsection (b) by--
``(1) providing funding to maintain and improve freight
infrastructure facilities;
``(2) implementing appropriate safety, environmental,
energy and other transportation policies;
``(3) utilizing advanced technology and innovation;
``(4) promoting workforce development; and
``(5) using performance management activities.
``(d) Implementation.--The Under Secretary for Policy, who
shall be responsible for the oversight and implementation of
the national multimodal freight policy, shall--
``(1) assist with the coordination of modal freight
planning;
``(2) ensure consistent, expedited review of multimodal
freight projects;
``(3) review the project planning and approval processes at
each modal administration to identify modeling and metric
inconsistencies, approvals, and terminology differences that
could hamper multimodal project approval;
``(4) identify interagency data sharing opportunities to
promote freight planning and coordination;
``(5) identify multimodal efforts and connections;
``(6) designate the lead agency for multimodal freight
projects;
``(7) develop recommendations for State incentives for
multimodal planning efforts, which may include--
``(A) reducing the State cost share; or
``(B) expediting the review of agreements for multimodal or
freight specific projects;
``(8) explore opportunities within existing legal
authorities to reduce project delays by issuing categorical
exclusions or allowing self-certifications of right-of-way
acquisitions for freight projects; and
``(9) submit a report to the Committee on Commerce,
Science, and Transportation and the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that identifies required reports, statutory
requirements, and other limitations on efficient freight
project delivery that could be streamlined or
consolidated.''.
SEC. 41003. NATIONAL MULTIMODAL FREIGHT NETWORK.
Chapter 54 of subtitle III of title 49, United States Code,
as amended by section 41002, is amended by adding after
section 5402 the following:
``Sec. 5403. National multimodal freight network
``(a) In General.--The Secretary shall establish a national
freight network, in accordance with this section--
``(1) to assist States in strategically directing resources
toward improved system performance for the efficient movement
of freight on transportation networks;
``(2) to inform freight transportation planning;
``(3) to assist in the prioritization of Federal
investment; and
``(4) to assess and support Federal investments to achieve
the national multimodal freight policy goals described in
section 5402(b) of this title and in section 150(b) of title
23.
``(b) Network Components.--The national multimodal freight
network established under this section shall consist of all
connectors, corridors, and facilities in all freight
transportation modes that are the most critical to the
current and future movement of freight, including the
national highway freight network, to achieve the national
multimodal freight policy goals described in section 5402(b)
of this title and in section 150(b) of title 23.
``(c) Initial Designation of Primary Freight System.--
``(1) In general.--Not later than 1 year after the date of
enactment of the DRIVE Act, the Secretary, after soliciting
input from stakeholders, including multimodal freight system
users, transport providers, metropolitan planning
organizations, local governments, ports, airports, railroads,
and States, through a public process to identify critical
freight facilities and corridors that are vital to achieve
the national multimodal freight policy goals described in
section 5402(b) of this title and in section 150(b) of title
23, and after providing notice and opportunity for comment on
a draft system,
[[Page S5653]]
shall designate a primary freight system with the goal of--
``(A) improving network and intermodal connectivity; and
``(B) using measurable data as part of the assessment of
the significance of freight movement, including the
consideration of points of origin, destination, and linking
components of domestic and international supply chains.
``(2) Factors.--In designating or redesignating a primary
freight system, the Secretary shall consider--
``(A) origins and destinations of freight movement within,
to, and from the United States;
``(B) volume, value, tonnage, and the strategic importance
of freight;
``(C) access to border crossings, airports, seaports, and
pipelines;
``(D) economic factors, including balance of trade;
``(E) access to major areas for manufacturing, agriculture,
or natural resources;
``(F) access to energy exploration, development,
installation, and production areas;
``(G) intermodal links and intersections that promote
connectivity;
``(H) freight choke points and other impediments
contributing to significant measurable congestion, delay in
freight movement, or inefficient modal connections;
``(I) impacts on all freight transportation modes and modes
that share significant freight infrastructure;
``(J) elements and transportation corridors identified by a
multi-State coalition, a State, a State advisory committee,
or a metropolitan planning organization, using national or
local data, as having critical freight importance to the
region;
``(K) intermodal connectors, major distribution centers,
inland intermodal facilities, and first- and last-mile
facilities;
``(L) the annual average daily truck traffic on principal
arterials; and
``(M) the significance of goods movement, including
consideration of global and domestic supply chains.
``(3) Requirements for designation.--A designation may be
made under this subsection if the freight transportation
facility or infrastructure being considered--
``(A) is in an urbanized area, regardless of population;
``(B) has been designated under subsection (d) as a
critical rural freight corridor;
``(C) connects an intermodal facility to--
``(i) the primary freight network; or
``(ii) an intermodal freight facility;
``(D)(i) is located within a corridor of a route on the
primary freight network; and
``(ii) provides an alternative option important to goods
movement;
``(E) serves a major freight generator, logistic center,
agricultural region, or manufacturing, warehouse, or
industrial land; or
``(F) is important to the movement of freight within a
State or metropolitan region, as determined by the State or
the metropolitan planning organization.
``(4) Considerations.--In designating or redesignating the
primary freight system under subsection (e), the Secretary
shall--
``(A) use, to the extent practicable, measurable data to
assess the significance of goods movement, including the
consideration of points of origin, destination, and linking
components of the United States global and domestic supply
chains;
``(B) consider--
``(i) the factors described in subsection (c)(2); and
``(ii) any changes in the economy or freight transportation
network demand; and
``(C) provide the States with an opportunity to submit
proposed designations in accordance with paragraph (5).
``(5) State input.--
``(A) In general.--Each State that proposes increased
designations on the primary freight system shall--
``(i) consider nominations for additional designations from
metropolitan planning organizations and State freight
advisory committees within the State;
``(ii) consider nominations for the additional designations
from owners and operators of port, rail, pipeline, and
airport facilities; and
``(iii) ensure that additional designations are consistent
with the State Transportation Improvement Program or freight
plan.
``(B) Revisions.--States may revise routes certified under
section 4006 of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2148)
to conform with the designated freight system under this
section.
``(C) Submission and certification.--Each State shall
submit to the Secretary--
``(i) a list of the additional designations added under
this subsection; and
``(ii) certification that--
``(I) the State has satisfied the requirements under
subparagraph (A); and
``(II) the designations referred to in clause (i) address
the factors for redesignation described in subsection (c)(3).
``(d) Critical Rural Freight Corridors.--A State may
designate freight transportation infrastructure or facilities
within the borders of the State as a critical rural freight
corridor if the public road or facility--
``(1) is a rural principal arterial roadway or facility;
``(2) provides access or service to energy exploration,
development, installation, or production areas;
``(3) provides access or service to--
``(A) a grain elevator;
``(B) an agricultural facility;
``(C) a mining facility;
``(D) a forestry facility; or
``(E) an intermodal facility;
``(4) connects to an international port of entry;
``(5) provides access to significant air, rail, water, or
other freight facilities in the State; or
``(6) has been determined by the State to be vital to
improving the efficient movement of freight of importance to
the economy of the State.
``(e) Redesignation of Primary Freight System.--Beginning
on the date that is 5 years after the initial designation
under subsection (c), and every 5 years thereafter, the
Secretary, using the designation factors described in
subsection (c)(3), shall redesignate the primary freight
system.''.
TITLE XLII--PLANNING
SEC. 42001. NATIONAL FREIGHT STRATEGIC PLAN.
Chapter 54 of subtitle III of title 49, United States Code
(as amended by title XLI), is amended by adding at the end
the following:
``Sec. 5404. National freight strategic plan
``(a) Initial Development of National Freight Strategic
Plan.--Not later than 3 years after the date of enactment of
the DRIVE Act, the Secretary, in consultation with State
departments of transportation, metropolitan planning
organizations, and other appropriate public and private
transportation stakeholders, shall develop, after providing
opportunity for notice and comment on a draft national
freight strategic plan, and post on the public website of the
Department of Transportation a national freight strategic
plan that includes--
``(1) an assessment of the condition and performance of the
national multimodal freight network;
``(2) an identification of bottlenecks on the national
multimodal freight network that create significant freight
congestion based on a quantitative methodology developed by
the Secretary, which shall, at a minimum, include--
``(A) information from the Freight Analysis Framework of
the Federal Highway Administration; and
``(B) to the maximum extent practicable, an estimate of the
cost of addressing each bottleneck and any operational
improvements that could be implemented;
``(3) a forecast of freight volumes, based on the most
recent data available, for--
``(A) the 5-year period beginning in the year during which
the plan is issued; and
``(B) if practicable, for the 10- and 20-year period
beginning in the year during which the plan is issued;
``(4) an identification of major trade gateways and
national freight corridors that connect major economic
corridors, population centers, trade gateways, and other
major freight generators for current and forecasted traffic
and freight volumes, the identification of which shall be
revised, as appropriate, in subsequent plans;
``(5) an assessment of statutory, regulatory,
technological, institutional, financial, and other barriers
to improved freight transportation performance (including
opportunities for overcoming the barriers);
``(6) an identification of routes providing access to
energy exploration, development, installation, or production
areas;
``(7) routes for providing access to major areas for
manufacturing, agriculture, or natural resources;
``(8) best practices for improving the performance of the
national freight network;
``(9) best practices to mitigate the impacts of freight
movement on communities;
``(10) a process for addressing multistate projects and
encouraging jurisdictions to collaborate on multistate
projects;
``(11) identification of locations or areas with congestion
involving freight traffic, and strategies to address those
issues;
``(12) strategies to improve freight intermodal
connectivity; and
``(13) best practices for improving the performance of the
national multimodal freight network and rural and urban
access to critical freight corridors.
``(b) Updates to National Freight Strategic Plan.--Not
later than 5 years after the date of completion of the first
national multimodal freight strategic plan under subsection
(a) and every 5 years thereafter, the Secretary shall update
and repost on the public website of the Department of
Transportation a revised national freight strategic plan.''.
SEC. 42002. STATE FREIGHT ADVISORY COMMITTEES.
Chapter 54 of subtitle III of title 49, United States Code
(as amended by section 42001), is amended by adding at the
end the following:
``Sec. 5405. State freight advisory committees
``(a) In General.--Each State shall establish a freight
advisory committee consisting of a representative cross-
section of public and private sector freight stakeholders,
including representatives of ports, third party logistics
providers, shippers, carriers, freight-related associations,
the freight industry workforce, the transportation department
of the State, and local governments.
``(b) Role of Committee.--A freight advisory committee of a
State described in subsection (a) shall--
``(1) advise the State on freight-related priorities,
issues, projects, and funding needs;
``(2) serve as a forum for discussion for State
transportation decisions affecting freight mobility;
[[Page S5654]]
``(3) communicate and coordinate regional priorities with
other organizations;
``(4) promote the sharing of information between the
private and public sectors on freight issues; and
``(5) participate in the development of the freight plan of
the State described in section 5406.''.
SEC. 42003. STATE FREIGHT PLANS.
Chapter 54 of subtitle III of title 49, United States Code
(as amended by section 42002), is amended by adding at the
end the following:
``Sec. 5406. State freight plans
``(a) In General.--Each State shall develop a freight plan
that provides a comprehensive plan for the immediate and
long-range planning activities and investments of the State
with respect to freight.
``(b) Plan Contents.--A freight plan described in
subsection (a) shall include, at a minimum--
``(1) an identification of significant freight system
trends, needs, and issues with respect to the State;
``(2) a description of the freight policies, strategies,
and performance measures that will guide the freight-related
transportation investment decisions of the State;
``(3) when applicable, a listing of critical rural and
urban freight corridors designated within the State under
section 5403 of this title or section 167 of title 23;
``(4) a description of how the plan will improve the
ability of the State to meet the national freight goals
established under section 5402(b) of this title and section
150(b) of title 23;
``(5) a description of how innovative technologies and
operational strategies, including freight intelligent
transportation systems, that improve the safety and
efficiency of freight movement, were considered;
``(6) in the case of roadways on which travel by heavy
vehicles (including mining, agricultural, energy cargo or
equipment, and timber vehicles) is projected to substantially
deteriorate the condition of roadways, a description of
improvements that may be required to reduce or impede the
deterioration;
``(7) an inventory of facilities with freight mobility
issues, such as bottlenecks, within the State, and where the
facilities are State owned or operated, a description of the
strategies the State is employing to address those freight
mobility issues;
``(8) consideration of any significant congestion or delay
caused by freight movements and any strategies to mitigate
that congestion or delay; and
``(9) a freight investment plan that, subject to subsection
(c)(2), includes a list of priority projects and describes
how funds made available to carry out section 167 of title 23
would be invested and matched.
``(c) Relationship to Long-range Plan.--
``(1) Incorporation.--A State freight plan described in
subsection (a) may be developed separately from or
incorporated into the statewide strategic long-range
transportation plan required by section 135 of title 23.
``(2) Fiscal constraint.--The freight investment plan
component of a freight plan shall include a project, or an
identified phase of a project, only if funding for completion
of the project can reasonably be anticipated to be available
for the project within the time period identified in the
freight investment plan.
``(d) Planning Period.--The freight plan shall address a 5-
year forecast period.
``(e) Updates.--
``(1) In general.--A State shall update the freight plan
not less frequently than once every 5 years.
``(2) Freight investment plan.--A State may update the
freight investment plan more frequently than is required
under paragraph (1).''.
SEC. 42004. FREIGHT DATA AND TOOLS.
Chapter 54 of subtitle III of title 49, United States Code
(as amended by section 42003), is amended by adding at the
end the following:
``Sec. 5407. Transportation investment data and planning
tools
``(a) In General.--Not later than 1 year after the date of
enactment of the DRIVE Act, the Secretary shall--
``(1) begin development of new tools and improvement of
existing tools to support an outcome-oriented, performance-
based approach to evaluate proposed freight-related and other
transportation projects, including--
``(A) methodologies for systematic analysis of benefits and
costs on a national or regional basis;
``(B) tools for ensuring that the evaluation of freight-
related and other transportation projects could consider
safety, economic competitiveness, urban and rural access,
environmental sustainability, and system condition in the
project selection process;
``(C) improved methods for data collection and trend
analysis;
``(D) encouragement of public-private partnerships to carry
out data sharing activities while maintaining the
confidentiality of all proprietary data; and
``(E) other tools to assist in effective transportation
planning;
``(2) identify transportation-related model data elements
to support a broad range of evaluation methods and techniques
to assist in making transportation investment decisions; and
``(3) at a minimum, in consultation with other relevant
Federal agencies, consider any improvements to existing
freight flow data collection efforts that could reduce
identified freight data gaps and deficiencies and help
improve forecasts of freight transportation demand.
``(b) Consultation.--The Secretary shall consult with
Federal, State, and other stakeholders to develop, improve,
and implement the tools and collect the data described in
subsection (a).''.
SEC. 42005. SAVINGS PROVISION.
Chapter 54 of subtitle III of title 49, United States Code
(as amended by section 42004), is amended by adding at the
end the following:
``Sec. 5408. Savings provision
``Nothing in this chapter provides additional authority to
regulate or direct private activity on freight networks
designated by this chapter.''.
TITLE XLIII--FORMULA FREIGHT PROGRAM
SEC. 43001. NATIONAL HIGHWAY FREIGHT PROGRAM.
(a) In General.--Section 167 of title 23, United States
Code, is amended to read as follows:
``Sec. 167. National highway freight program
``(a) Establishment.--
``(1) In general.--It is the policy of the United States to
improve the condition and performance of the national highway
freight network to ensure that the national freight network
provides the foundation for the United States to compete in
the global economy and achieve each goal described in
subsection (b).
``(2) Establishment.--In support of the goals described in
subsection (b), the Federal Highway Administrator (referred
to in this section as the `Administrator') shall establish a
national highway freight program in accordance with this
section to improve the efficient movement of freight on the
national highway freight network.
``(b) Goals.--The goals of the national highway freight
program are--
``(1) to invest in infrastructure improvements and to
implement operational improvements on the highways of the
United States that--
``(A) strengthen the contribution of the national highway
freight network to the economic competitiveness of the United
States;
``(B) reduce congestion and relieve bottlenecks in the
freight transportation system;
``(C) reduce the cost of freight transportation;
``(D) improve the reliability of freight transportation;
and
``(E) increase productivity, particularly for domestic
industries and businesses that create high-value jobs;
``(2) to improve the safety, security, efficiency, and
resiliency of freight transportation in rural and urban
areas;
``(3) to improve the state of good repair of the national
highway freight network;
``(4) to use advanced technology to improve the safety and
efficiency of the national highway freight network;
``(5) to incorporate concepts of performance, innovation,
competition, and accountability into the operation and
maintenance of the national highway freight network;
``(6) to improve the efficiency and productivity of the
national highway freight network; and
``(7) to reduce the environmental impacts of freight
movement.
``(c) Establishment of a National Highway Freight
Network.--
``(1) In general.--The Administrator shall establish a
national highway freight network in accordance with this
section to assist States in strategically directing resources
toward improved system performance for efficient movement of
freight on highways.
``(2) Network components.--The national highway freight
network shall consist of--
``(A) the primary highway freight system, as designated
under subsection (d);
``(B) critical rural freight corridors established under
subsection (e);
``(C) critical urban freight corridors established under
subsection (f); and
``(D) the portions of the Interstate System not designated
as part of the primary highway freight system, including
designated future Interstate System routes as of the date of
enactment of the DRIVE Act.
``(d) Designation and Redesignation of the Primary Highway
Freight System.--
``(1) Initial designation of primary highway freight
system.--The initial designation of the primary highway
freight system shall be--
``(A) the network designated by the Secretary under section
167(d) of title 23, United States Code, as in effect on the
day before the date of enactment of the DRIVE Act; and
``(B) all National Highway System freight intermodal
connectors.
``(2) Redesignation of primary highway freight system.--
``(A) In general.--Beginning on the date that is 1 year
after the date of enactment of the DRIVE Act and every 5
years thereafter, using the designation factors described in
subparagraph (E), the Administrator shall redesignate the
primary highway freight system (including any additional
mileage added to the primary highway freight system under
this paragraph as of the date on which the redesignation
process is effective).
``(B) Mileage.--
``(i) First redesignation.--In redesignating the primary
highway freight system on the date that is 1 year after the
date of enactment of the DRIVE Act, the Administrator shall
limit the system to 30,000 centerline miles, without regard
to the connectivity of the primary highway freight system.
[[Page S5655]]
``(ii) Subsequent redesignations.--Each redesignation after
the redesignation described in clause (i), the Administrator
may increase the primary highway freight system by up to 5
percent of the total mileage of the system, without regard to
the connectivity of the primary highway freight system.
``(C) Considerations.--
``(i) In general.--In redesignating the primary highway
freight system, to the maximum extent practicable, the
Administrator shall use measurable data to assess the
significance of goods movement, including consideration of
points of origin, destination, and linking components of the
United States global and domestic supply chains.
``(ii) Intermodal connectors.--In redesignating the primary
highway freight system, the Administrator shall include all
National Highway System freight intermodal connectors.
``(D) Input.--In addition to the process provided to State
freight advisory committees under paragraph (3), in
redesignating the primary highway freight system, the
Administrator shall provide an opportunity for State freight
advisory committees to submit additional miles for
consideration.
``(E) Factors for redesignation.--In redesignating the
primary highway freight system, the Administrator shall
consider--
``(i) the origins and destinations of freight movement in,
to, and from the United States;
``(ii) land and water ports of entry;
``(iii) access to energy exploration, development,
installation, or production areas;
``(iv) proximity of access to other freight intermodal
facilities, including rail, air, water, and pipelines;
``(v) the total freight tonnage and value moved via
highways;
``(vi) significant freight bottlenecks, as identified by
the Administrator;
``(vii) the annual average daily truck traffic on principal
arterials; and
``(viii) the significance of goods movement on principal
arterials, including consideration of global and domestic
supply chains.
``(3) State flexibility for additional miles on primary
highway freight system.--
``(A) In general.--Not later than 1 year after each
redesignation conducted by the Administrator under paragraph
(2), each State, under the advisement of the State freight
advisory committee, as developed and carried out in
accordance with subsection (l), may increase the number of
miles designated as part of the primary highway freight
system in that State by not more than 10 percent of the miles
designated in that State under this subsection if the
additional miles--
``(i) close gaps between primary highway freight system
segments;
``(ii) establish connections of the primary highway freight
system critical to the efficient movement of goods, including
ports, international border crossings, airports, intermodal
facilities, logistics centers, warehouses, and agricultural
facilities; or
``(iii) designate critical emerging freight routes.
``(B) Considerations.--Each State, under the advisement of
the State freight advisory committee that increases the
number of miles on the primary highway freight system under
subparagraph (A) shall--
``(i) consider nominations for the additional miles from
metropolitan planning organizations within the State;
``(ii) ensure that the additional miles are consistent with
the freight plan of the State; and
``(iii) review the primary highway freight system of the
State designated under paragraph (1) and redesignate miles in
a manner that is consistent with paragraph (2).
``(C) Submission.--Each State, under the advisement of the
State freight advisory committee shall--
``(i) submit to the Administrator a list of the additional
miles added under this subsection; and
``(ii) certify that--
``(I) the additional miles meet the requirements of
subparagraph (A); and
``(II) the State, under the advisement of the State freight
advisory committee, has satisfied the requirements of
subparagraph (B).
``(e) Critical Rural Freight Corridors.--A State may
designate a public road within the borders of the State as a
critical rural freight corridor if the public road--
``(1) is a rural principal arterial roadway and has a
minimum of 25 percent of the annual average daily traffic of
the road measured in passenger vehicle equivalent units from
trucks (Federal Highway Administration vehicle class 8 to
13);
``(2) provides access to energy exploration, development,
installation, or production areas;
``(3) connects the primary highway freight system, a
roadway described in paragraph (1) or (2), or the Interstate
System to facilities that handle more than--
``(A) 50,000 20-foot equivalent units per year; or
``(B) 500,000 tons per year of bulk commodities;
``(4) provides access to--
``(A) a grain elevator;
``(B) an agricultural facility;
``(C) a mining facility;
``(D) a forestry facility; or
``(E) an intermodal facility;
``(5) connects to an international port of entry;
``(6) provides access to significant air, rail, water, or
other freight facilities in the State; or
``(7) is, in the determination of the State, vital to
improving the efficient movement of freight of importance to
the economy of the State.
``(f) Critical Urban Freight Corridors.--
``(1) Urbanized area with population of 500,000 or more.--
In an urbanized area with a population of 500,000 or more
individuals, the representative metropolitan planning
organization, in consultation with the State, may designate a
public road within the borders of that area of the State as a
critical urban freight corridor.
``(2) Urbanized area with a population less than 500,000.--
In an urbanized area with a population of less than 500,000
individuals, the State, in consultation with the
representative metropolitan planning organization, may
designate a public road within the borders of that area of
the State as a critical urban freight corridor.
``(3) Requirements for designation.--A designation may be
made under paragraphs (1) or (2) if the public road--
``(A) is in an urbanized area, regardless of population;
and
``(B)(i) connects an intermodal facility to--
``(I) the primary highway freight network;
``(II) the Interstate System; or
``(III) an intermodal freight facility;
``(ii) is located within a corridor of a route on the
primary highway freight network and provides an alternative
highway option important to goods movement;
``(iii) serves a major freight generator, logistic center,
or manufacturing and warehouse industrial land; or
``(iv) is important to the movement of freight within the
region, as determined by the metropolitan planning
organization or the State.
``(g) Designation and Certification.--
``(1) Designation.--States and metropolitan planning
organizations may designate corridors under subsections (e)
and (f) and submit the designated corridors to the
Administrator on a rolling basis.
``(2) Certification.--Each State or metropolitan planning
organization that designates a corridor under subsection (e)
or (f) shall certify to the Administrator that the designated
corridor meets the requirements of the applicable subsection.
``(h) Highway Freight Transportation Conditions and
Performance Reports.--Not later than 2 years after the date
of enactment of the DRIVE Act and biennially thereafter, the
Administrator shall prepare and submit to Congress a report
that describes the conditions and performance of the national
highway freight network in the United States.
``(i) Use of Apportioned Funds.--
``(1) In general.--A State shall obligate funds apportioned
to the State under section 104(b)(5) to improve the movement
of freight on the national highway freight network.
``(2) Formula.--The Administrator shall calculate for each
State the proportion that--
``(A) the total mileage in the State designated as part of
the primary highway freight system; bears to
``(B) the total mileage of the primary highway freight
system in all States.
``(3) Use of funds.--
``(A) States with high primary highway freight system
mileage.--If the proportion of a State under paragraph (2) is
greater than or equal to 3 percent, the State may obligate
funds apportioned to the State under section 104(b)(5) for
projects on--
``(i) the primary highway freight system;
``(ii) critical rural freight corridors; and
``(iii) critical urban freight corridors.
``(B) States with low primary highway freight system
mileage.--If the proportion of a State under paragraph (2) is
less than 3 percent, the State may obligate funds apportioned
to the State under section 104(b)(5) for projects on any
component of the national highway freight network.
``(4) Freight planning.--Notwithstanding any other
provision of law, effective beginning 2 years after the date
of enactment of the DRIVE Act, a State may not obligate funds
apportioned to the State under section 104(b)(5) unless the
State has--
``(A) established a freight advisory committee in
accordance with section 5405 of title 49; and
``(B) developed a freight plan in accordance with section
5406 of title 49, except that the multimodal component of the
plan may be incomplete before an obligation may be made under
this section.
``(5) Eligibility.--
``(A) In general.--Except as provided in this subsection,
for a project to be eligible for funding under this section
the project shall--
``(i) contribute to the efficient movement of freight on
the national highway freight network; and
``(ii) be consistent with a freight investment plan
included in a freight plan of the State that is in effect.
``(B) Other projects.--A State may obligate not more than
10 percent of the total apportionment of the State under
section 104(b)(5) for projects--
``(i) within the boundaries of public and private freight
rail, water facilities (including ports), and intermodal
facilities; and
``(ii) that provide surface transportation infrastructure
necessary to facilitate direct intermodal interchange,
transfer, and access into and out of the facility.
[[Page S5656]]
``(C) Eligible projects.--Funds apportioned to the State
under section 104(b)(5) for the national highway freight
program may be obligated to carry out 1 or more of the
following:
``(i) Development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities.
``(ii) Construction, reconstruction, rehabilitation,
acquisition of real property (including land relating to the
project and improvements to land), construction
contingencies, acquisition of equipment, and operational
improvements directly relating to improving system
performance.
``(iii) Intelligent transportation systems and other
technology to improve the flow of freight, including
intelligent freight transportation systems.
``(iv) Efforts to reduce the environmental impacts of
freight movement.
``(v) Environmental and community mitigation of freight
movement.
``(vi) Railway-highway grade separation.
``(vii) Geometric improvements to interchanges and ramps.
``(viii) Truck-only lanes.
``(ix) Climbing and runaway truck lanes.
``(x) Adding or widening of shoulders.
``(xi) Truck parking facilities eligible for funding under
section 1401 of MAP-21 (23 U.S.C. 137 note; Public Law 112-
141).
``(xii) Real-time traffic, truck parking, roadway
condition, and multimodal transportation information systems.
``(xiii) Electronic screening and credentialing systems for
vehicles, including weigh-in-motion truck inspection
technologies.
``(xiv) Traffic signal optimization, including synchronized
and adaptive signals.
``(xv) Work zone management and information systems.
``(xvi) Highway ramp metering.
``(xvii) Electronic cargo and border security technologies
that improve truck freight movement.
``(xviii) Intelligent transportation systems that would
increase truck freight efficiencies inside the boundaries of
intermodal facilities.
``(xix) Additional road capacity to address highway freight
bottlenecks.
``(xx) A highway project, other than a project described in
clauses (i) through (xix), to improve the flow of freight on
the national highway freight network.
``(xxi) Any other surface transportation project to improve
the flow of freight into and out of a facility described in
subparagraph (B).
``(6) Other eligible costs.--In addition to the eligible
projects identified in paragraph (5), a State may use funds
apportioned under section 104(b)(5) for--
``(A) carrying out diesel retrofit or alternative fuel
projects under section 149 for class 8 vehicles; and
``(B) the necessary costs of--
``(i) conducting analyses and data collection related to
the national highway freight program;
``(ii) developing and updating performance targets to carry
out this section; and
``(iii) reporting to the Administrator to comply with
section 150.
``(7) Applicability of planning requirements.--Programming
and expenditure of funds for projects under this section
shall be consistent with the requirements of sections 134 and
135.
``(j) State Performance Targets.--If the Administrator
determines that a State has not met or made significant
progress toward meeting the performance targets related to
freight movement of the State established under section
150(d) by the date that is 2 years after the date of the
establishment of the performance targets, until the date on
which the Administrator determines that the State has met or
has made significant progress towards meeting the performance
targets, the State shall submit to the Administrator, on a
biennial basis, a freight performance improvement plan that
includes--
``(1) an identification of significant freight system
trends, needs, and issues within the State;
``(2) a description of the freight policies and strategies
that will guide the freight-related transportation
investments of the State;
``(3) an inventory of freight bottlenecks within the State
and a description of the ways in which the State is
allocating the national highway freight program funds to
improve those bottlenecks; and
``(4) a description of the actions the State will undertake
to meet the performance targets of the State.
``(k) Study of Multimodal Projects.--Not later than 2 years
after the date of enactment of the DRIVE Act, the
Administrator shall submit to Congress a report that
contains--
``(1) a study of freight projects identified in State
freight plans under section 5406 of title 49; and
``(2) an evaluation of multimodal freight projects included
in the State freight plans, or otherwise identified by
States, that are subject to the limitation of funding for
such projects under this section.
``(l) State Freight Advisory Committees.--A State freight
advisory committee shall be carried out as described in
section 5405 of title 49.
``(m) State Freight Plans.--A State freight plan shall be
carried out as described in section 5406 of title 49.
``(n) Intelligent Freight Transportation System.--
``(1) Definition of intelligent freight transportation
system.--In this section, the term `intelligent freight
transportation system' means--
``(A) an innovative or intelligent technological
transportation system, infrastructure, or facilities,
including electronic roads, driverless trucks, elevated
freight transportation facilities, and other intelligent
freight transportation systems; and
``(B) a communications or information processing system
used singly or in combination for dedicated intelligent
freight lanes and conveyances that improve the efficiency,
security, or safety of freight on the Federal-aid highway
system or that operate to convey freight or improve existing
freight movements.
``(2) Location.--An intelligent freight transportation
system shall be located--
``(A)(i) along existing Federal-aid highways; or
``(ii) in a manner that connects ports-of-entry to existing
Federal-aid highways; and
``(B) in proximity to, or within, an existing right-of-way
on a Federal-aid highway.
``(3) Operating standards.--The Administrator of the
Federal Highway Administration shall determine the need for
establishing operating standards for intelligent freight
transportation systems.
``(o) Treatment of Freight Projects.--Notwithstanding any
other provision of law, a freight project carried out under
this section shall be treated as if the project were on a
Federal-aid highway.''.
(b) Conforming Amendments.--
(1) The analysis for chapter 1 of title 23, United States
Code, is amended by adding at the end the following:
``167. National highway freight program.''
(2) Sections 1116, 1117, and 1118 of MAP-21 (23 U.S.C. 167
note; Public Law 112-141) are repealed.
TITLE XLIV--GRANTS
SEC. 44001. PURPOSE; DEFINITIONS; ADMINISTRATION.
(a) In General.--The purpose of the grants described in the
amendments made by section 44002 is to assist in funding
critical high-cost transportation infrastructure projects
that--
(1) are difficult to complete with existing Federal, State,
local, and private funds; and
(2) will achieve 1 or more of--
(A) generation of national or regional economic benefits
and an increase in the global economic competitiveness of the
United States;
(B) reduction of congestion and the impacts of congestion;
(C) improvement of facilities vital to agriculture,
manufacturing, or national energy security;
(D) improvement of the efficiency, reliability, and
affordability of the movement of freight;
(E) improvement of transportation safety;
(F) improvement of existing and designated future
Interstate System routes; or
(G) improvement of the movement of people through improving
rural connectivity and metropolitan accessibility.
(b) Definitions.--In this section and for purposes of the
grant programs established under the amendments made by
section 44002:
(1) Eligible applicant.--The term ``eligible applicant''
means--
(A) a State (or a group of States);
(B) a local government (or a group of local governments);
(C) a tribal government (or a consortium of tribal
governments);
(D) a transit agency (or a group of transit agencies);
(E) a special purpose district or a public authority with a
transportation function;
(F) a port authority (or a group of port authorities);
(G) a political subdivision of a State or local government;
(H) a Federal land management agency, jointly with the
applicable State; or
(I) a multistate or multijurisdictional group of entities
described in subparagraphs (A) through (H).
(2) Rural area.--The term ``rural area'' means an area that
is outside of an urbanized area with a population greater
than 150,000 individuals, as determined by the Bureau of the
Census.
(3) Rural state.--The term ``rural State'' means a State
that has a population density of 80 or fewer persons per
square mile, based on the most recent decennial census.
(c) Applications.--
(1) In general.--An eligible applicant shall submit to the
Secretary or the Federal Highway Administrator (referred to
in this section as the ``Administrator''), as appropriate, an
application in such form and containing such information as
the Secretary or Administrator, as appropriate, determines
necessary, including the total amount of the grant requested.
(2) Contents.--Each application submitted under this
paragraph shall include data on the most recent system
performance, to the extent practicable, and estimated system
improvements that will result from completion of the eligible
project, including projections for improvements 5 and 10
years after completion of the project.
(3) Resubmission of applications.--An eligible applicant
whose project is not selected may resubmit an application in
a subsequent solicitation with an addendum indicating changes
to the project application.
[[Page S5657]]
(d) Accountability Measures.--The Secretary and the
Administrator shall establish accountability measures for the
management of the grants described in this section--
(1) to establish clear procedures for addressing late-
arriving applications;
(2) to publicly communicate decisions to accept or reject
applications; and
(3) to document major decisions in the application
evaluation and project selection process through a decision
memorandum or similar mechanism that provides a clear
rationale for decisions.
(e) Geographic Distribution.--In awarding grants, the
Secretary or Administrator, as appropriate, shall take
measures to ensure, to the maximum extent practicable--
(1) an equitable geographic distribution of amounts; and
(2) an appropriate balance in addressing the needs of rural
and urban communities.
(f) Reports.--
(1) In general.--The Secretary or the Administrator, as
appropriate, shall make available on the website of the
Department at the end of each fiscal year an annual report
that lists each project for which a grant has been provided
under this section during that fiscal year.
(2) Comptroller general.--
(A) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the administrative
establishment, solicitation, selection, and justification
process with respect to the funding of grants described in
this title.
(B) Report.--Not later than 1 year after the initial
awarding of grants described in this section, the Comptroller
General of the United States shall submit to the Committee on
Environment and Public Works of the Senate, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House
of Representatives a report that describes--
(i) the adequacy and fairness of the process by which each
project was selected, if applicable;
(ii) the justification and criteria used for the selection
of each project, if applicable.
SEC. 44002. GRANTS.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 171. Assistance for major projects program
``(a) Purpose of Program.--The purpose of the assistance
for major projects program shall be the purpose described in
section 44001 of the DRIVE Act.
``(b) Definitions.--In this section--
``(1) the terms defined in section 44001 of the DRIVE Act
shall apply; and
``(2) the following definitions shall apply:
``(A) Administrator.--The term `Administrator' means the
Administrator of the Federal Highway Administration.
``(B) Eligible project.--
``(i) In general.--The term `eligible project' means a
surface transportation project, or a program of integrated
surface transportation projects closely related in the
function the projects perform, that--
``(I) is a capital project that is eligible for Federal
financial assistance under--
``(aa) this title; or
``(bb) chapter 53 of title 49; and
``(II) except as provided in clause (ii), has eligible
project costs that are reasonably anticipated to equal or
exceed the lesser of--
``(aa) $350,000,000; and
``(bb)(AA) for a project located in a single State, 25
percent of the amount of Federal-aid highway funds
apportioned to the State for the most recently completed
fiscal year;
``(BB) for a project located in a single rural State with a
population density of 80 or fewer persons per square mile
based on the most recent decennial census, 10 percent of the
amount of Federal-aid highway funds apportioned to the State
for the most recently completed fiscal year; or
``(CC) for a project located in more than 1 State, 75
percent of the amount of Federal-aid highway funds
apportioned to the participating State that has the largest
apportionment for the most recently completed fiscal year.
``(ii) Federal land transportation facility.--In the case
of a Federal land transportation facility, the term `eligible
project' means a Federal land transportation facility that
has eligible project costs that are reasonably anticipated to
equal or exceed $150,000,000.
``(C) Eligible project costs.--The term `eligible project
costs' means the costs of--
``(i) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
``(ii) construction, reconstruction, rehabilitation, and
acquisition of real property (including land related to the
project and improvements to land), environmental mitigation,
construction contingencies, acquisition of equipment directly
related to improving system performance, and operational
improvements.
``(c) Establishment of Program.--The Administrator shall
establish a program in accordance with this section to
provide grants for projects that will have a significant
impact on a region or the Nation.
``(d) Solicitations and Applications.--
``(1) Grant solicitations.--The Administrator shall conduct
a transparent and competitive national solicitation process
to review eligible projects for funding under this section.
``(2) Applications.--An eligible applicant shall submit an
application to the Administrator in such form as described in
and in accordance with section 44001 of the DRIVE Act.
``(e) Criteria for Project Evaluation and Selection.--
``(1) In general.--The Administrator may select a project
for funding under this section only if the Administrator
determines that the project--
``(A) is consistent with the national goals described in
section 150(b);
``(B) will significantly improve the performance of the
national surface transportation network, nationally or
regionally;
``(C) is based on the results of preliminary engineering;
``(D) is consistent with the long-range statewide
transportation plan;
``(E) cannot be readily and efficiently completed without
Federal financial assistance;
``(F) is justified based on the ability of the project to
achieve 1 or more of--
``(i) generation of national economic benefits that
reasonably exceed the costs of the project;
``(ii) reduction of long-term congestion, including impacts
on a national, regional, and statewide basis;
``(iii) an increase in the speed, reliability, and
accessibility of the movement of people or freight; or
``(iv) improvement of transportation safety, including
reducing transportation accident and serious injuries and
fatalities; and
``(G) is supported by a sufficient amount of non-Federal
funding, including evidence of stable and dependable
financing to construct, maintain, and operate the
infrastructure facility.
``(2) Additional considerations.--In evaluating a project
under this section, in addition to the criteria described in
paragraph (1), the Administrator shall consider the extent to
which the project--
``(A) leverages Federal investment by encouraging non-
Federal contributions to the project, including contributions
from public-private partnerships;
``(B) is able to begin construction by the date that is not
later than 18 months after the date on which the project is
selected;
``(C) incorporates innovative project delivery and
financing to the maximum extent practicable;
``(D) helps maintain or protect the environment;
``(E) improves roadways vital to national energy security;
``(F) improves or upgrades designated future Interstate
System routes;
``(G) uses innovative technologies, including intelligent
transportation systems, that enhance the efficiency of the
project;
``(H) helps to improve mobility and accessibility; and
``(I) address the impact of population growth on the
movement of people and freight.
``(f) Geographic Distribution.--In awarding grants under
this section, the Administrator shall take measures as
described in section 44001 of the DRIVE Act.
``(g) Funding Requirements.--
``(1) In general.--Except in the case of projects described
in paragraph (2), the amount of a grant under this section
shall be at least $50,000,000.
``(2) Rural projects.--The amounts made available for a
fiscal year under this section for eligible projects located
in rural areas or in rural States shall not be--
``(A) less than 20 percent of the amount made available for
the fiscal year under this section; and
``(B) subject to paragraph (1).
``(3) Limitation of funds.--Not more than 20 percent of the
funds made available for a fiscal year to carry out this
section shall be allocated for projects eligible under
section 167(i)(5)(B) or chapter 53 of title 49.
``(4) State cap.--
``(A) In general.--Not more than 20 percent of the funds
made available for a fiscal year to carry out this section
may be awarded to projects in a single State.
``(B) Exception for multistate projects.--For purposes of
the limitation described in subparagraph (A), funds awarded
for a multistate project shall be considered to be
distributed evenly to each State.
``(5) TIFIA program.--On the request of an eligible
applicant under this section, the Administrator may use
amounts awarded to the entity to pay subsidy and
administrative costs necessary to provide the entity Federal
credit assistance under chapter 6 with respect to the project
for which the grant was awarded.
``(h) Grant Requirements.--
``(1) Applicability of planning requirements.--The
programming and expenditure of funds for projects under this
section shall be consistent with the requirements of sections
134 and 135.
``(2) Determination of applicable modal requirements.--If
an eligible project that receives a grant under this section
has a crossmodal component, the Administrator--
``(A) shall determine the predominant modal component of
the project; and
``(B) may apply the applicable requirements of that
predominant modal component to the project.
``(i) Report to the Administrator.--For each project funded
under this section, the project sponsor shall evaluate system
performance and submit to the Administrator a report not
later than 5, 10, and 20 years after completion of the
project to assess whether
[[Page S5658]]
the project outcomes have met preconstruction projections.
``(j) Administrative Selection.--The Administrator shall
award grants to eligible projects in a fiscal year based on
the criteria described in subsection (e).
``(k) Reports.--
``(1) In general.--The Administrator shall provide an
annual report as described in section 44001 of the DRIVE Act.
``(2) Comptroller general.--The Comptroller General of the
United States shall conduct an assessment as described in
section 44001 of the DRIVE Act.''.
(b) Assistance for Freight Projects.--Chapter 54 of
subtitle III of title 49, United States Code, as amended by
section 42005, is amended by adding after section 5408 the
following:
``Sec. 5409. Assistance for freight projects
``(a) Establishment.--The Secretary shall establish and
implement an assistance for freight projects grant program
for capital investments in major freight transportation
infrastructure projects to improve the movement of goods
through the transportation network of the United States.
``(b) Criteria for Project Evaluation and Selection.--
``(1) In general.--The Secretary may select a project for
funding under this section only if the Secretary determines
that the project--
``(A) is consistent with the goals described in section
5402(b);
``(B) will significantly improve the national or regional
performance of the freight transportation network;
``(C) is based on the results of preliminary engineering;
``(D) is consistent with the long-range statewide
transportation plan;
``(E) cannot be readily and efficiently completed without
Federal financial assistance;
``(F) is justified based on the ability of the project--
``(i) to generate national economic benefits that
reasonably exceed the costs of the project;
``(ii) to reduce long-term congestion, including impacts on
a regional and statewide basis; or
``(iii) to increase the speed, reliability, and
accessibility of the movement of freight; and
``(G) is supported by a sufficient amount of non-Federal
funding, including evidence of stable and dependable
financing to construct, maintain, and operate the
infrastructure facility.
``(2) Additional considerations.--In evaluating a project
under this section, in addition to the criteria described in
paragraph (1), the Secretary shall consider the extent to
which the project--
``(A) leverages Federal investment by encouraging non-
Federal contributions to the project, including contributions
from public-private partnerships;
``(B) is able to begin construction by the date that is not
later than 1 year after the date on which the project is
selected;
``(C) incorporates innovative project delivery and
financing to the maximum extent practicable;
``(D) improves freight facilities vital to agricultural or
national energy security;
``(E) improves or upgrades current or designated future
Interstate System routes;
``(F) uses innovative technologies, including intelligent
transportation systems, that enhance the efficiency of the
project;
``(G) helps to improve mobility and accessibility; and
``(H) improves transportation safety, including reducing
transportation accident and serious injuries and fatalities.
``(c) Eligible Projects.--
``(1) In general.--A project is eligible for a grant under
this section if the project--
``(A) is difficult to complete with existing Federal,
State, local, and private funds;
``(B)(i) enhances the economic competitiveness of the
United States; or
``(ii) improves the flow of freight or reduces bottlenecks
in the freight infrastructure of the United States; and
``(C) will advance 1 or more of the following objectives:
``(i) Generate regional or national economic benefits and
an increase in the global economic competitiveness of the
United States.
``(ii) Improve transportation resources vital to
agriculture or national energy security.
``(iii) Improve the efficiency, reliability, and
affordability of the movement of freight.
``(iv) Improve existing freight infrastructure projects.
``(v) Improve the movement of people by improving rural and
metropolitan freight routes.
``(2) Examples.--Eligible projects for grant funding under
this section shall include--
``(A) a freight intermodal facility, including--
``(i) an intermodal facility serving a seaport;
``(ii) an intermodal or cargo access facility serving an
airport;
``(iii) an intermodal facility serving a port on the inland
waterways;
``(iv) a bulk intermodal/transload facility; or
``(v) a highway/rail intermodal facility;
``(B) a highway or bridge project eligible under title 23;
``(C) a public transportation project that reduces
congestion on freight corridors and is eligible under chapter
53;
``(D) a freight rail transportation project (including
rail-grade separations); and
``(E) a port infrastructure investment (including inland
port infrastructure).
``(d) Requirements.--
``(1) Considerations.--In selecting projects to receive
grant funding under this section, the Secretary shall--
``(A) consider--
``(i) projected freight volumes; and
``(ii) how projects will enhance economic efficiency,
productivity, and competitiveness;
``(iii) population growth and the impact on freight demand;
and
``(B) give priority to projects dedicated to--
``(i) improving freight infrastructure facilities;
``(ii) reducing travel time for freight projects;
``(iii) reducing freight transportation costs; and
``(iv) reducing congestion caused by rapid population
growth on freight corridors.
``(2) Multimodal distribution of funds.--In distributing
funding for grants under this section, the Secretary shall
take such measures as the Secretary determines necessary to
ensure the investment in a variety of transportation modes.
``(3) Amount.--
``(A) In general.--Except as provided in subparagraph
(B)(i), a grant under this section shall be in an amount that
is not less than $10,000,000 and not greater than
$100,000,000.
``(B) Projects in rural areas.--If a grant awarded under
this section is for a project located in a rural area--
``(i) the amount of the grant shall be at least $1,000,000;
and
``(ii) the Secretary may increase the Federal share of
costs to greater than 80 percent.
``(4) Federal share.--Except as provided under paragraph
(3)(B)(ii), the Federal share of the costs for a project
receiving a grant under this section shall be up to 80
percent.
``(5) Priority.--The Secretary shall give priority to
projects that require a contribution of Federal funds in
order to complete an overall financing package.
``(6) Rural areas.--Not less than 25 percent of the funding
provided under this section shall be used to make grants for
projects located in rural areas.
``(7) New competition.--The Secretary shall conduct a new
competition each fiscal year to select the grants and credit
assistance awarded under this section.
``(e) Consultation.--The Secretary shall consult with the
Secretary of Energy when considering projects that facilitate
the movement of energy resources.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
from the general fund of the Treasury, $200,000,000 for each
of fiscal years 2016 through 2021 to carry out this section.
``(2) Administrative and oversight costs.--The Secretary
may retain up to 0.5 percent of the amounts appropriated
pursuant to paragraph (1)--
``(A) to administer the assistance for freight projects
grant program; and
``(B) to oversee eligible projects funded under this
section.
``(3) Administration of funds.--Amounts appropriated
pursuant to this subsection shall be available for obligation
until expended.
``(g) Congressional Notification.--Not later than 72 hours
before public notification of a grant awarded under this
section, the Secretary shall notify the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Environment and Public Works of the Senate, the
Committee on Banking, Housing, and Urban Affairs of the
Senate, the Committee on Appropriations of the Senate, the
Committee on Transportation and Infrastructure of the House
of Representatives, and the Committee on Appropriations of
the House of Representatives of such award.
``(h) Accountability Measures.--The Secretary shall provide
to Congress documentation of major decisions in the
application evaluation and project selection process, which
shall include a clear rationale for decisions--
``(1) to advance for senior review applications other than
those rated as highly recommended;
``(2) to not advance applications rated as highly
recommended; and
``(3) to change the technical evaluation rating of an
application.''.
(c) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by adding at the end
the following:
``171. Assistance for major projects program.''.
DIVISION E--FINANCE
SEC. 50001. SHORT TITLE.
This division may be cited as the ``Transportation Funding
Act of 2015''.
TITLE LI--HIGHWAY TRUST FUND AND RELATED TAXES
Subtitle A--Extension of Trust Fund Expenditure Authority and Related
Taxes
SEC. 51101. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY.
(a) Highway Trust Fund.--Section 9503 of the Internal
Revenue Code of 1986, as amended by division G, is amended--
(1) by striking ``October 1, 2015'' in subsections
(b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1,
2021'', and
[[Page S5659]]
(2) by striking ``Surface Transportation Extension Act of
2015'' in subsections (c)(1) and (e)(3) and inserting ``DRIVE
Act''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section
9504 of the Internal Revenue Code of 1986, as amended by
division G is amended--
(1) by striking ``Surface Transportation Extension Act of
2015'' each place it appears in subsection (b)(2) and
inserting ``DRIVE Act'', and
(2) by striking ``October 1, 2015'' in subsection (d)(2)
and inserting ``October 1, 2021''.
(c) Leaking Underground Storage Tank Trust Fund.--Paragraph
(2) of section 9508(e) of the Internal Revenue Code of 1986,
as amended by division G, is amended by striking ``October 1,
2015'' and inserting ``October 1, 2021''.
(d) Effective Date.--The amendments made by this section
shall take effect on August 1, 2015.
SEC. 51102. EXTENSION OF HIGHWAY-RELATED TAXES.
(a) In General.--
(1) Each of the following provisions of the Internal
Revenue Code of 1986 is amended by striking ``September 30,
2016'' and inserting ``September 30, 2023'':
(A) Section 4041(a)(1)(C)(iii)(I).
(B) Section 4041(m)(1)(B).
(C) Section 4081(d)(1).
(2) Each of the following provisions of such Code is
amended by striking ``October 1, 2016'' and inserting
``October 1, 2023'':
(A) Section 4041(m)(1)(A).
(B) Section 4051(c).
(C) Section 4071(d).
(D) Section 4081(d)(3).
(b) Extension of Tax, etc., on Use of Certain Heavy
Vehicles.--Each of the following provisions of the Internal
Revenue Code of 1986 is amended by striking ``2017'' each
place it appears and inserting ``2024'':
(1) Section 4481(f).
(2) Subsections (c)(4) and (d) of section 4482.
(c) Floor Stocks Refunds.--Section 6412(a)(1) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``October 1, 2016'' each place it appears
and inserting ``October 1, 2023'',
(2) by striking ``March 31, 2017'' each place it appears
and inserting ``March 31, 2024'', and
(3) by striking ``January 1, 2017'' and inserting ``January
1, 2024''.
(d) Extension of Certain Exemptions.--
(1) Section 4221(a) of the Internal Revenue Code of 1986 is
amended by striking ``October 1, 2016'' and inserting
``October 1, 2023''.
(2) Section 4483(i) of such Code is amended by striking
``October 1, 2017'' and inserting ``October 1, 2024''.
(e) Extension of Transfers of Certain Taxes.--
(1) In general.--Section 9503 of the Internal Revenue Code
of 1986 is amended--
(A) in subsection (b)--
(i) by striking ``October 1, 2016'' each place it appears
in paragraphs (1) and (2) and inserting ``October 1, 2023'',
(ii) by striking ``October 1, 2016'' in the heading of
paragraph (2) and inserting ``October 1, 2023'',
(iii) by striking ``September 30, 2016'' in paragraph (2)
and inserting ``September 30, 2023'', and
(iv) by striking ``July 1, 2017'' in paragraph (2) and
inserting ``July 1, 2024'', and
(B) in subsection (c)(2), by striking ``July 1, 2017'' and
inserting ``July 1, 2024''.
(2) Motorboat and small-engine fuel tax transfers.--
(A) In general.--Paragraphs (3)(A)(i) and (4)(A) of section
9503(c) of such Code are each amended by striking ``October
1, 2016'' and inserting ``October 1, 2023''.
(B) Conforming amendments to land and water conservation
fund.--Section 200310 of title 54, United States Code, is
amended--
(i) by striking ``October 1, 2017'' each place it appears
and inserting ``October 1, 2024'', and
(ii) by striking ``October 1, 2016'' and inserting
``October 1, 2023''.
(f) Effective Date.--The amendments made by this section
shall take effect on October 1, 2016.
Subtitle B--Additional Transfers to Highway Trust Fund
SEC. 51201. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND.
Subsection (f) of section 9503 of the Internal Revenue Code
of 1986 is amended by redesignating paragraph (7) as
paragraph (9) and by inserting after paragraph (6) the
following new paragraphs:
``(7) Further transfers to trust fund.--Out of money in the
Treasury not otherwise appropriated, there is hereby
appropriated--
``(A) $34,600,000,000 to the Highway Account (as defined in
subsection (e)(5)(B)) in the Highway Trust Fund; and
``(B) $11,015,000,000 to the Mass Transit Account in the
Highway Trust Fund.
``(8) Additional increase in fund balance.--There is hereby
transferred to the Highway Account (as defined in subsection
(e)(5)(B)) in the Highway Trust Fund amounts appropriated
from the Leaking Underground Storage Tank Trust Fund under
section 9508(c)(4).''.
SEC. 51202. TRANSFER TO HIGHWAY TRUST FUND OF CERTAIN MOTOR
VEHICLE SAFETY PENALTIES.
(a) In General.--Paragraph (5) of section 9503(b) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``There are hereby'' and inserting the
following:
``(A) In general.--There are hereby'', and
(2) by adding at the end the following new paragraph:
``(B) Penalties related to motor vehicle safety.--
``(i) In general.--There are hereby appropriated to the
Highway Trust Fund amounts equivalent to covered motor
vehicle safety penalty collections.
``(ii) Covered motor vehicle safety penalty collections.--
For purposes of this subparagraph, the term `covered motor
vehicle safety penalty collections' means any amount
collected in connection with a civil penalty under section
30165 of title 49, United States Code, reduced by any award
authorized by the Secretary of Transportation to be paid to
any person in connection with information provided by such
person related to a violation of chapter 301 of such title
which is a predicate to such civil penalty.''.
(b) Effective Date.--The amendments made by this section
shall apply to amounts collected after the date of the
enactment of this Act.
SEC. 51203. APPROPRIATION FROM LEAKING UNDERGROUND STORAGE
TANK TRUST FUND.
(a) In General.--Subsection (c) of section 9508 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(4) Additional transfer to highway trust fund.--Out of
amounts in the Leaking Underground Storage Tank Trust Fund
there is hereby appropriated--
``(A) on the date of the enactment of the DRIVE Act,
$100,000,000,
``(B) on October 1, 2016, $100,000,000, and
``(C) on October 1, 2017, $100,000,000,
to be transferred under section 9503(f)(8) to the Highway
Account (as defined in section 9503(e)(5)(B)) in the Highway
Trust Fund.''.
(b) Conforming Amendment.--Section 9508(c)(1) of the
Internal Revenue Code of 1986 is amended by striking
``paragraphs (2) and (3)'' and inserting ``paragraphs (2),
(3), and (4)''.
TITLE LII--OFFSETS
Subtitle A--Tax Provisions
SEC. 52101. CONSISTENT BASIS REPORTING BETWEEN ESTATE AND
PERSON ACQUIRING PROPERTY FROM DECEDENT.
(a) Property Acquired From a Decedent.--
(1) In general.--Section 1014 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(f) Basis Must Be Consistent With Estate Tax Value.--
``(1) In general.--The basis under subsection (a) of any
property shall not exceed--
``(A) in the case of property the value of which has been
finally determined for purposes of the tax imposed by chapter
11 on the estate of such decedent, such value, and
``(B) in the case of property not described in subparagraph
(A) and with respect to which a statement has been furnished
under section 6035(a) identifying the value of such property,
such value.
``(2) Determination.--For purposes of paragraph (1), the
value of property has been finally determined for purposes of
the tax imposed by chapter 11 if--
``(A) the value of such property is shown on a return under
section 6018 and such value is not contested by the Secretary
before the expiration of the time for assessing a tax under
chapter 11,
``(B) in a case not described in subparagraph (A), the
value is specified by the Secretary and such value is not
timely contested by the executor of the estate, or
``(C) the value is determined by a court or pursuant to a
settlement agreement with the Secretary.
``(3) Regulations.--The Secretary may by regulations
provide exceptions to the application of this subsection.''.
(2) Effective date.--The amendments made by this subsection
shall apply to property with respect to which an estate tax
return is filed after the date of the enactment of this Act.
(b) Information Reporting.--
(1) In general.--Subpart A of part III of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 is amended by
inserting after section 6034A the following new section:
``SEC. 6035. BASIS INFORMATION TO PERSONS ACQUIRING PROPERTY
FROM DECEDENT.
``(a) Information With Respect to Property Acquired From
Decedents.--
``(1) In general.--The executor of any estate required to
file a return under section 6018(a) shall furnish to the
Secretary and to each person acquiring any interest in
property included in the decedent's gross estate for Federal
estate tax purposes a statement identifying the value of each
interest in such property as reported on such return and such
other information with respect to such interest as the
Secretary may prescribe.
``(2) Statements by beneficiaries.--Each person required to
file a return under section 6018(b) shall furnish to the
Secretary and to each other person who holds a legal or
beneficial interest in the property to which such return
relates a statement identifying the information described in
paragraph (1).
``(3) Time for furnishing statement.--
``(A) In general.--Each statement required to be furnished
under paragraph (1) or (2) shall be furnished at such time as
the Secretary may prescribe, but in no case at a time later
than the earlier of--
``(i) the date which is 30 days after the date on which the
return under section 6018 was
[[Page S5660]]
required to be filed (including extensions, if any), or
``(ii) the date which is 30 days after the date such return
is filed.
``(B) Adjustments.--In any case in which there is an
adjustment to the information required to be included on a
statement filed under paragraph (1) or (2) after such
statement has been filed, a supplemental statement under such
paragraph shall be filed not later than the date which is 30
days after such adjustment is made.
``(b) Regulations.--The Secretary shall prescribe such
regulations as necessary to carry out this section, including
regulations relating to--
``(1) the extension of this section to property of estates
not required to file an estate tax return, and
``(2) situations in which the surviving joint tenant or
other recipient may have better information than the executor
regarding the basis or fair market value of the property.''.
(2) Penalty for failure to file.--
(A) Return.--Section 6724(d)(1) of such Code is amended by
striking ``and'' at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and inserting ``,
and'', and by adding at the end the following new
subparagraph:
``(D) any statement required to be filed with the Secretary
under section 6035.''.
(B) Statement.--Section 6724(d)(2) of such Code is amended
by striking ``or'' at the end of subparagraph (GG), by
striking the period at the end of subparagraph (HH) and
inserting ``, or'', and by adding at the end the following
new subparagraph:
``(II) section 6035 (other than a statement described in
paragraph (1)(D)).''.
(3) Clerical amendment.--The table of sections for subpart
A of part III of subchapter A of chapter 61 of such Code is
amended by inserting after the item relating to section 6034A
the following new item:
``SEC. 6035. BASIS INFORMATION TO PERSONS ACQUIRING PROPERTY
FROM DECEDENT.''.
(4) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
(c) Penalty for Inconsistent Reporting.--
(1) In general.--Subsection (b) of section 6662 of the
Internal Revenue Code of 1986 is amended by inserting after
paragraph (7) the following new paragraph:
``(8) Any inconsistent estate basis.''.
(2) Inconsistent basis reporting.--Section 6662 of such
Code is amended by adding at the end the following new
subsection:
``(k) Inconsistent Estate Basis Reporting.--For purposes of
this section, there is an `inconsistent estate basis' if the
basis of property (determined without regard to adjustments
to basis during the period the property was held by the
taxpayer) claimed on a return exceeds the basis as determined
under section 1014(f).''.
(3) Effective date.--The amendments made by this subsection
shall apply to returns filed after the date of the enactment
of this Act.
SEC. 52102. REVOCATION OR DENIAL OF PASSPORT IN CASE OF
CERTAIN UNPAID TAXES.
(a) In General.--Subchapter D of chapter 75 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF
CERTAIN TAX DELINQUENCIES.
``(a) In General.--If the Secretary receives certification
by the Commissioner of Internal Revenue that any individual
has a seriously delinquent tax debt in an amount in excess of
$50,000, the Secretary shall transmit such certification to
the Secretary of State for action with respect to denial,
revocation, or limitation of a passport pursuant to section
52102(d) of the Transportation Funding Act of 2015.
``(b) Seriously Delinquent Tax Debt.--For purposes of this
section, the term `seriously delinquent tax debt' means an
outstanding debt under this title for which a notice of lien
has been filed in public records pursuant to section 6323 or
a notice of levy has been filed pursuant to section 6331,
except that such term does not include--
``(1) a debt that is being paid in a timely manner pursuant
to an agreement under section 6159 or 7122, and
``(2) a debt with respect to which collection is suspended
because a collection due process hearing under section 6330,
or relief under subsection (b), (c), or (f) of section 6015,
is requested or pending.
``(c) Adjustment for Inflation.--In the case of a calendar
year beginning after 2016, the dollar amount in subsection
(a) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year, determined by
substituting `calendar year 2015' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not
a multiple of $1,000, such amount shall be rounded to the
next highest multiple of $1,000.''.
(b) Clerical Amendment.--The table of sections for
subchapter D of chapter 75 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 7345. Revocation or denial of passport in case of certain tax
delinquencies.''.
(c) Authority for Information Sharing.--
(1) In general.--Subsection (l) of section 6103 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(23) Disclosure of return information to department of
state for purposes of passport revocation under section
7345.--
``(A) In general.--The Secretary shall, upon receiving a
certification described in section 7345, disclose to the
Secretary of State return information with respect to a
taxpayer who has a seriously delinquent tax debt described in
such section. Such return information shall be limited to--
``(i) the taxpayer identity information with respect to
such taxpayer, and
``(ii) the amount of such seriously delinquent tax debt.
``(B) Restriction on disclosure.--Return information
disclosed under subparagraph (A) may be used by officers and
employees of the Department of State for the purposes of, and
to the extent necessary in, carrying out the requirements of
section 52102(d) of the Transportation Funding Act of
2015.''.
(2) Conforming amendment.--Paragraph (4) of section 6103(p)
of such Code is amended by striking ``or (22)'' each place it
appears in subparagraph (F)(ii) and in the matter preceding
subparagraph (A) and inserting ``(22), or (23)''.
(d) Authority to Deny or Revoke Passport.--
(1) Denial.--
(A) In general.--Except as provided under subparagraph (B),
upon receiving a certification described in section 7345 of
the Internal Revenue Code of 1986 from the Secretary of the
Treasury, the Secretary of State shall not issue a passport
to any individual who has a seriously delinquent tax debt
described in such section.
(B) Emergency and humanitarian situations.--Notwithstanding
subparagraph (A), the Secretary of State may issue a
passport, in emergency circumstances or for humanitarian
reasons, to an individual described in such subparagraph.
(2) Revocation.--
(A) In general.--The Secretary of State may revoke a
passport previously issued to any individual described in
paragraph (1)(A).
(B) Limitation for return to united states.--If the
Secretary of State decides to revoke a passport under
subparagraph (A), the Secretary of State, before revocation,
may--
(i) limit a previously issued passport only for return
travel to the United States; or
(ii) issue a limited passport that only permits return
travel to the United States.
(3) Hold harmless.--The Secretary of the Treasury and the
Secretary of State shall not be liable to an individual for
any action with respect to a certification by the
Commissioner of Internal Revenue under section 7345 of the
Internal Revenue Code of 1986.
(e) Revocation or Denial of Passport in Case of Individual
Without Social Security Account Number.--
(1) Denial.--
(A) In general.--Except as provided under subparagraph (B),
upon receiving an application for a passport from an
individual that either--
(i) does not include the social security account number
issued to that individual, or
(ii) includes an incorrect or invalid social security
number willfully, intentionally, negligently, or recklessly
provided by such individual,
the Secretary of State is authorized to deny such application
and is authorized to not issue a passport to the individual.
(B) Emergency and humanitarian situations.--Notwithstanding
subparagraph (A), the Secretary of State may issue a
passport, in emergency circumstances or for humanitarian
reasons, to an individual described in subparagraph (A).
(2) Revocation.--
(A) In general.--The Secretary of State may revoke a
passport previously issued to any individual described in
paragraph (1)(A).
(B) Limitation for return to united states.--If the
Secretary of State decides to revoke a passport under
subparagraph (A), the Secretary of State, before revocation,
may--
(i) limit a previously issued passport only for return
travel to the United States; or
(ii) issue a limited passport that only permits return
travel to the United States.
(f) Effective Date.--The provisions of, and amendments made
by, this section shall take effect on January 1, 2016.
SEC. 52103. CLARIFICATION OF 6-YEAR STATUTE OF LIMITATIONS IN
CASE OF OVERSTATEMENT OF BASIS.
(a) In General.--Subparagraph (B) of section 6501(e)(1) of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of clause (i), by
redesignating clause (ii) as clause (iii), and by inserting
after clause (i) the following new clause:
``(ii) An understatement of gross income by reason of an
overstatement of unrecovered cost or other basis is an
omission from gross income; and'',
(2) by inserting ``(other than in the case of an
overstatement of unrecovered cost or other basis)'' in clause
(iii) (as so redesignated) after ``In determining the amount
omitted from gross income'', and
(3) by inserting ``amount omitted from'' after
``Determination of'' in the heading thereof.
(b) Effective Date.--The amendments made by this section
shall apply to--
(1) returns filed after the date of the enactment of this
Act, and
[[Page S5661]]
(2) returns filed on or before such date if the period
specified in section 6501 of the Internal Revenue Code of
1986 (determined without regard to such amendments) for
assessment of the taxes with respect to which such return
relates has not expired as of such date.
SEC. 52104. ADDITIONAL INFORMATION ON RETURNS RELATING TO
MORTGAGE INTEREST.
(a) In General.--Paragraph (2) of section 6050H(b) of the
Internal Revenue Code of 1986 is amended by striking ``and''
at the end of subparagraph (C), by redesignating subparagraph
(D) as subparagraph (G), and by inserting after subparagraph
(C) the following new subparagraphs:
``(D) the amount of outstanding principal on the mortgage
as of the beginning of such calendar year,
``(E) the address of the property securing such mortgage,
``(F) the date of the origination of such mortgage, and''.
(b) Payee Statements.--Subsection (d) of section 6050H of
the Internal Revenue Code of 1986 is amended by striking
``and'' at the end of paragraph (1), by striking the period
at the end of paragraph (2) and inserting ``, and'', and by
inserting after paragraph (2) the following new paragraph:
``(3) the information required to be included on the return
under subparagraphs (D), (E), and (F) of subsection
(b)(2).''.
(c) Effective Date.--The amendments made by this section
shall apply to returns and statements the due date for which
(determined without regard to extensions) is after December
31, 2016.
SEC. 52105. RETURN DUE DATE MODIFICATIONS.
(a) New Due Date for Partnership Form 1065, S Corporation
Form 1120S, and C Corporation Form 1120.--
(1) Partnerships.--
(A) In general.--Section 6072 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(f) Returns of Partnerships.--Returns of partnerships
under section 6031 made on the basis of the calendar year
shall be filed on or before the 15th day of March following
the close of the calendar year, and such returns made on the
basis of a fiscal year shall be filed on or before the 15th
day of the third month following the close of the fiscal
year.''.
(B) Conforming amendment.--Section 6072(a) of such Code is
amended by striking ``6017, or 6031'' and inserting ``or
6017''.
(2) S corporations.--
(A) In general.--So much of subsection (b) of section 6072
of the Internal Revenue Code of 1986 as precedes the second
sentence thereof is amended to read as follows:
``(b) Returns of Certain Corporations.--Returns of S
corporations under sections 6012 and 6037 made on the basis
of the calendar year shall be filed on or before the 31st day
of March following the close of the calendar year, and such
returns made on the basis of a fiscal year shall be filed on
or before the last day of the third month following the close
of the fiscal year.''.
(B) Conforming amendments.--
(i) Section 1362(b) of such Code is amended--
(I) by striking ``15th'' each place it appears and
inserting ``last'',
(II) by striking ``2\1/2\'' each place it appears in the
headings and the text and inserting ``3'', and
(III) by striking ``2 months and 15 days'' in paragraph (4)
and inserting ``3 months''.
(ii) Section 1362(d)(1)(C)(i) of such Code is amended by
striking ``15th'' and inserting ``last''.
(iii) Section 1362(d)(1)(C)(ii) of such Code is amended by
striking ``such 15th day'' and inserting ``the last day of
the 3d month thereof''.
(3) Conforming amendments relating to c corporations.--
(A) Section 170(a)(2)(B) of such Code is amended by
striking ``third month'' and inserting ``4th month''.
(B) Section 563 of such Code is amended by striking ``third
month'' each place it appears and inserting ``4th month''.
(C) Section 1354(d)(1)(B)(i) of such Code is amended by
striking ``3d month'' and inserting ``4th month''.
(D) Subsection (a) and (c) of section 6167 of such Code are
each amended by striking ``third month'' and inserting ``4th
month''.
(E) Section 6425(a)(1) of such Code is amended by striking
``third month'' and inserting ``4th month''.
(F) Section 6655 of such Code is amended--
(i) by striking ``3rd month'' each place it appears in
subsections (b)(2)(A), (g)(3), and (h)(1) and inserting ``4th
month'', and
(ii) in subsection (g)(4), by redesignating subparagraph
(E) as subparagraph (F) and by inserting after subparagraph
(D) the following new subparagraph:
``(E) Subsection (b)(2)(A) shall be applied by substituting
`the last day of the 3rd month' for `the 15th day of the 4th
month'.''.
(4) Effective dates.--
(A) In general.--Except as otherwise provided in this
paragraph, the amendments made by this subsection shall apply
to returns for taxable years beginning after December 31,
2015.
(B) Conforming amendments relating to s corporations.--The
amendments made by paragraph (2)(B) shall apply with respect
to elections for taxable years beginning after December 31,
2015.
(C) Conforming amendments relating to c corporations.--The
amendments made by paragraph (3) shall apply to taxable years
beginning after December 31, 2015.
(5) Special rule for certain c corporation in 2025.--In the
case of a taxable year of a C Corporation ending on June 30,
2025, section 6072(a) of the Internal Revenue Code of 1986
shall be applied by substituting ``third month'' for ``fourth
month''.
(b) Modification of Due Dates by Regulation.--In the case
of returns for any taxable period beginning after December
31, 2015, the Secretary of the Treasury or the Secretary's
delegate shall modify appropriate regulations to provide as
follows:
(1) The maximum extension for the returns of partnerships
filing Form 1065 shall be a 6-month period beginning on the
due date for filing the return (without regard to any
extensions).
(2) The maximum extension for the returns of trusts and
estates filing Form 1041 shall be a 5\1/2\-month period
beginning on the due date for filing the return (without
regard to any extensions).
(3) The maximum extension for the returns of employee
benefit plans filing Form 5500 shall be an automatic 3\1/2\-
month period beginning on the due date for filing the return
(without regard to any extensions).
(4) The maximum extension for the Forms 990 (series)
returns of organizations exempt from income tax shall be an
automatic 6-month period beginning on the due date for filing
the return (without regard to any extensions).
(5) The maximum extension for the returns of organizations
exempt from income tax that are required to file Form 4720
returns of excise taxes shall be an automatic 6-month period
beginning on the due date for filing the return (without
regard to any extensions).
(6) The maximum extension for the returns of trusts
required to file Form 5227 shall be an automatic 6-month
period beginning on the due date for filing the return
(without regard to any extensions).
(7) The maximum extension for filing Form 6069, Return of
Excise Tax on Excess Contributions to Black Lung Benefit
Trust Under Section 4953 and Computation of Section 192
Deduction, shall be an automatic 6-month period beginning on
the due date for filing the return (without regard to any
extensions).
(8) The maximum extension for a taxpayer required to file
Form 8870 shall be an automatic 6-month period beginning on
the due date for filing the return (without regard to any
extensions).
(9) The due date of Form 3520-A, Annual Information Return
of a Foreign Trust with a United States Owner, shall be the
15th day of the 3rd month after the close of the trust's
taxable year, and the maximum extension shall be a 6-month
period beginning on such day.
(10) The due date of FinCEN Form 114 (relating to Report of
Foreign Bank and Financial Accounts) shall be April 15 with a
maximum extension for a 6-month period ending on October 15,
and with provision for an extension under rules similar to
the rules of 26 C.F.R. 1.6081-5. For any taxpayer required to
file such form for the first time, the Secretary of the
Treasury may waive any penalty for failure to timely request
or file an extension.
(11) Taxpayers filing Form 3520, Annual Return to Report
Transactions with Foreign Trusts and Receipt of Certain
Foreign Gifts, shall be allowed to extend the time for filing
such form separately from the income tax return of the
taxpayer, for an automatic 6-month period beginning on the
due date for filing the return (without regard to any
extensions).
(c) Corporations Permitted Statutory Automatic 6-month
Extension of Income Tax Returns.--
(1) In general.--Section 6081(b) of the Internal Revenue
Code of 1986 is amended by striking ``3 months'' and
inserting ``6 months''.
(2) Effective date.--The amendments made by this subsection
shall apply to returns for taxable years beginning after
December 31, 2015.
(3) Special rule for certain c corporations in 2024.--In
the case of any taxable year of a C corporation ending on
December 31, 2024, subsections (a) and (b) of section 6081 of
the Internal Revenue Code of 1986 shall each be applied to
returns of income taxes under subtitle A by substituting ``5
months'' for ``6 months''.
SEC. 52106. REFORM OF RULES RELATING TO QUALIFIED TAX
COLLECTION CONTRACTS.
(a) Requirement to Collect Certain Inactive Tax Receivables
Under Qualified Tax Collection Contracts.--Section 6306 of
the Internal Revenue Code of 1986 is amended by redesignating
subsections (c) through (f) as subsections (d) through (g),
respectively, and by inserting after subsection (b) the
following new subsection:
``(c) Collection of Inactive Tax Receivables.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary shall enter into one or more qualified tax
collection contracts for the collection of all outstanding
inactive tax receivables.
``(2) Inactive tax receivables.--For purposes of this
section--
``(A) In general.--The term `inactive tax receivable' means
any tax receivable if--
``(i) at any time after assessment, the Internal Revenue
Service removes such receivable from the active inventory for
lack of resources or inability to locate the taxpayer,
[[Page S5662]]
``(ii) more than \1/3\ of the period of the applicable
statute of limitation has lapsed and such receivable has not
been assigned for collection to any employee of the Internal
Revenue Service, or
``(iii) in the case of a receivable which has been assigned
for collection, more than 365 days have passed without
interaction with the taxpayer or a third party for purposes
of furthering the collection of such receivable.
``(B) Tax receivable.--The term `tax receivable' means any
outstanding assessment which the Internal Revenue Service
includes in potentially collectible inventory.''.
(b) Certain Tax Receivables Not Eligible for Collection
Under Qualified Tax Collection Contracts.--Section 6306 of
the Internal Revenue Code of 1986, as amended by subsection
(a), is amended by redesignating subsections (d) through (g)
as subsections (e) through (h), respectively, and by
inserting after subsection (c) the following new subsection:
``(d) Certain Tax Receivables Not Eligible for Collection
Under Qualified Tax Collections Contracts.--A tax receivable
shall not be eligible for collection pursuant to a qualified
tax collection contract if such receivable--
``(1) is subject to a pending or active offer-in-compromise
or installment agreement,
``(2) is classified as an innocent spouse case,
``(3) involves a taxpayer identified by the Secretary as
being--
``(A) deceased,
``(B) under the age of 18,
``(C) in a designated combat zone, or
``(D) a victim of tax-related identity theft,
``(4) is currently under examination, litigation, criminal
investigation, or levy, or
``(5) is currently subject to a proper exercise of a right
of appeal under this title.''.
(c) Contracting Priority.--Section 6306 of the Internal
Revenue Code of 1986, as amended by the preceding provisions
of this section, is amended by redesignating subsection (h)
as subsection (i) and by inserting after subsection (g) the
following new subsection:
``(h) Contracting Priority.--In contracting for the
services of any person under this section, the Secretary
shall utilize private collection contractors and debt
collection centers on the schedule required under section
3711(g) of title 31, United States Code, including the
technology and communications infrastructure established
therein, to the extent such private collection contractors
and debt collection centers are appropriate to carry out the
purposes of this section.''.
(d) Disclosure of Return Information.--Section 6103(k) of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new paragraph:
``(11) Qualified tax collection contractors.--Persons
providing services pursuant to a qualified tax collection
contract under section 6306 may, if speaking to a person who
has identified himself or herself as having the name of the
taxpayer to which a tax receivable (within the meaning of
such section) relates, identify themselves as contractors of
the Internal Revenue Service and disclose the business name
of the contractor, and the nature, subject, and reason for
the contact. Disclosures under this paragraph shall be made
only in such situations and under such conditions as have
been approved by the Secretary.''.
(e) Taxpayers Affected by Federally Declared Disasters.--
Section 6306 of the Internal Revenue Code of 1986, as amended
by the preceding provisions of this section, is amended by
redesignating subsection (i) as subsection (j) and by
inserting after subsection (h) the following new subsection:
``(i) Taxpayers in Presidentially Declared Disaster
Areas.--The Secretary may prescribe procedures under which a
taxpayer determined to be affected by a Federally declared
disaster (as defined by section 165(i)(5)) may request--
``(1) relief from immediate collection measures by
contractors under this section, and
``(2) a return of the inactive tax receivable to the
inventory of the Internal Revenue Service to be collected by
an employee thereof.''.
(f) Report to Congress.--
(1) In general.--Section 6306 of the Internal Revenue Code
of 1986, as amended by the preceding provisions of this
section, is amended by redesignating subsection (j) as
subsection (k) and by inserting after subsection (i) the
following new subsection:
``(j) Report to Congress.--Not later than 90 days after the
last day of each fiscal year (beginning with the first such
fiscal year ending after the date of the enactment of this
subsection), the Secretary shall submit to the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report with respect to
qualified tax collection contracts under this section which
shall include--
``(1) annually, with respect to such fiscal year--
``(A) the total number and amount of tax receivables
provided to each contractor for collection under this
section,
``(B) the total amounts collected (and amounts of
installment agreements entered into under subsection
(b)(1)(B)) with respect to each contractor and the collection
costs incurred (directly and indirectly) by the Internal
Revenue Service with respect to such amounts,
``(C) the impact of such contracts on the total number and
amount of unpaid assessments, and on the number and amount of
assessments collected by Internal Revenue Service personnel
after initial contact by a contractor,
``(D) the amount of fees retained by the Secretary under
subsection (e) and a description of the use of such funds,
and
``(E) a disclosure safeguard report in a form similar to
that required under section 6103(p)(5), and
``(2) biannually (beginning with the second report
submitted under this subsection)--
``(A) an independent evaluation of contractor performance,
and
``(B) a measurement plan that includes a comparison of the
best practices used by the private collectors to the
collection techniques used by the Internal Revenue Service
and mechanisms to identify and capture information on
successful collection techniques used by the contractors that
could be adopted by the Internal Revenue Service.''.
(2) Repeal of existing reporting requirements with respect
to qualified tax collection contracts.--Section 881 of the
American Jobs Creation Act of 2004 is amended by striking
subsection (e).
(g) Effective Dates.--
(1) In general.--The amendments made by subsections (a) and
(b) shall apply to tax receivables identified by the
Secretary after the date of the enactment of this Act.
(2) Contracting priority.--The Secretary shall begin
entering into contracts and agreements as described in the
amendment made by subsection (c) within 3 months after the
date of the enactment of this Act.
(3) Disclosures.--The amendment made by subsection (d)
shall apply to disclosures made after the date of the
enactment of this Act.
(4) Procedures; report to congress.--The amendments made by
subsections (e) and (f) shall take effect on the date of the
enactment of this Act.
SEC. 52107. SPECIAL COMPLIANCE PERSONNEL PROGRAM.
(a) In General.--Subsection (e) of section 6306 of the
Internal Revenue Code of 1986, as redesignated by section
52106, is amended by striking ``for collection enforcement
activities of the Internal Revenue Service'' in paragraph (2)
and inserting ``to fund the special compliance personnel
program account under section 6307''.
(b) Special Compliance Personnel Program Account.--
Subchapter A of chapter 64 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
section:
``SEC. 6307. SPECIAL COMPLIANCE PERSONNEL PROGRAM ACCOUNT.
``(a) Establishment of a Special Compliance Personnel
Program Account.--The Secretary shall establish an account
within the Department for carrying out a program consisting
of the hiring, training, and employment of special compliance
personnel, and shall transfer to such account from time to
time amounts retained by the Secretary under section
6306(e)(2).
``(b) Restrictions.--The program described in subsection
(a) shall be subject to the following restrictions:
``(1) No funds shall be transferred to such account except
as described in subsection (a).
``(2) No other funds from any other source shall be
expended for special compliance personnel employed under such
program, and no funds from such account shall be expended for
the hiring of any personnel other than special compliance
personnel.
``(3) Notwithstanding any other authority, the Secretary is
prohibited from spending funds out of such account for any
purpose other than for costs under such program associated
with the employment of special compliance personnel and the
retraining and reassignment of current noncollections
personnel as special compliance personnel, and to reimburse
the Internal Revenue Service or other government agencies for
the cost of administering qualified tax collection contracts
under section 6306.
``(c) Reporting.--Not later than March of each year, the
Commissioner of Internal Revenue shall submit a report to the
Committees on Finance and Appropriations of the Senate and
the Committees on Ways and Means and Appropriations of the
House of Representatives consisting of the following:
``(1) For the preceding fiscal year, all funds received in
the account established under subsection (a), administrative
and program costs for the program described in such
subsection, the number of special compliance personnel hired
and employed under the program, and the amount of revenue
actually collected by such personnel.
``(2) For the current fiscal year, all actual and estimated
funds received or to be received in the account, all actual
and estimated administrative and program costs, the number of
all actual and estimated special compliance personnel hired
and employed under the program, and the actual and estimated
revenue actually collected or to be collected by such
personnel.
``(3) For the following fiscal year, an estimate of all
funds to be received in the account, all estimated
administrative and program costs, the estimated number of
special compliance personnel hired and employed under the
program, and the estimated revenue to be collected by such
personnel.
``(d) Definitions.--For purposes of this section--
``(1) Special compliance personnel.--The term `special
compliance personnel' means individuals employed by the
Internal Revenue Service as field function collection
officers or in a similar position, or employed to
[[Page S5663]]
collect taxes using the automated collection system or an
equivalent replacement system.
``(2) Program costs.--The term `program costs' means--
``(A) total salaries (including locality pay and bonuses),
benefits, and employment taxes for special compliance
personnel employed or trained under the program described in
subsection (a), and
``(B) direct overhead costs, salaries, benefits, and
employment taxes relating to support staff, rental payments,
office equipment and furniture, travel, data processing
services, vehicle costs, utilities, telecommunications,
postage, printing and reproduction, supplies and materials,
lands and structures, insurance claims, and indemnities for
special compliance personnel hired and employed under this
section.
For purposes of subparagraph (B), the cost of management and
supervision of special compliance personnel shall be taken
into account as direct overhead costs to the extent such
costs, when included in total program costs under this
paragraph, do not represent more than 10 percent of such
total costs.''.
(c) Clerical Amendment.--The table of sections for
subchapter A of chapter 64 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to
section 6306 the following new item:
``Sec. 6307. Special compliance personnel program account.''.
(d) Effective Date.--The amendment made by subsection (a)
shall apply to amounts collected and retained by the
Secretary after the date of the enactment of this Act.
SEC. 52108. TRANSFERS OF EXCESS PENSION ASSETS TO RETIREE
HEALTH ACCOUNTS.
(a) In General.--Section 420(b)(4) of the Internal Revenue
Code of 1986 is amended by striking ``December 31, 2021'' and
inserting ``December 31, 2025''.
(b) Conforming ERISA Amendments.--
(1) Sections 101(e)(3), 403(c)(1), and 408(b)(13) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1021(e)(3), 1103(c)(1), 1108(b)(13)) are each amended by
striking ``MAP-21'' and inserting ``DRIVE Act''.
(2) Section 408(b)(13) of such Act (29 U.S.C. 1108(b)(13))
is amended by striking ``January 1, 2022'' and inserting
``January 1, 2026''.
Subtitle B--Fees and Receipts
SEC. 52201. EXTENSION OF DEPOSITS OF SECURITY SERVICE FEES IN
THE GENERAL FUND.
Section 44940(i)(4) of title 49, United States Code, is
amended by adding at the end the following:
``(K) $1,750,000,000 for each of fiscal years 2024 and
2025.''.
SEC. 52202. ADJUSTMENT FOR INFLATION OF FEES FOR CERTAIN
CUSTOMS SERVICES.
(a) In General.--Section 13031 of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended
by adding at the end the following:
``(l) Adjustment of Fees for Inflation.--
``(1) In general.--The Secretary of the Treasury shall
adjust the fees established under subsection (a), and the
limitations on such fees under paragraphs (2), (3), (5), (6),
(8), and (9) of subsection (b), on October 1, 2015, and
annually thereafter, to reflect the percentage (if any) of
the increase in the average of the Consumer Price Index for
the preceding 12-month period compared to the Consumer Price
Index for fiscal year 2014.
``(2) Special rules for calculation of adjustment.--In
adjusting under paragraph (1) the amount of the fees
established under subsection (a), and the limitations on such
fees under paragraphs (2), (3), (5), (6), (8), and (9) of
subsection (b), the Secretary--
``(A) shall round the amount of any increase in the
Consumer Price Index to the nearest dollar; and
``(B) may ignore any such increase of less than 1 percent.
``(3) Consumer price index defined.--For purposes of this
subsection, the term `Consumer Price Index' means the
Consumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor.''.
(b) Deposits Into Customs User Fee Account.--Section
13031(f) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(f)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``all fees collected under subsection (a)''
and inserting ``the amount of fees collected under subsection
(a) (determined without regard to any adjustment made under
subsection (l))''; and
(2) in paragraph (3)(A), in the matter preceding clause
(i)--
(A) by striking ``fees collected'' and inserting ``amount
of fees collected''; and
(B) by striking ``), each appropriation'' and inserting ``,
and determined without regard to any adjustment made under
subsection (l)), each appropriation''.
(c) Conforming Amendments.--Section 13031 of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c), as amended by subsections (a) and (b), is
further amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``(subject to adjustment under subsection
(l))'' after ``following fees''; and
(2) in subsection (b)--
(A) in paragraph (2), by inserting ``(subject to adjustment
under subsection (l))'' after ``in fees'';
(B) in paragraph (3), by inserting ``(subject to adjustment
under subsection (l))'' after ``in fees'';
(C) in paragraph (5)(A), by inserting ``(subject to
adjustment under subsection (l))'' after ``in fees'';
(D) in paragraph (6), by inserting ``(subject to adjustment
under subsection (l))'' after ``in fees'';
(E) in paragraph (8)(A)--
(i) in clause (i), by inserting ``or (l)'' after
``subsection (a)(9)(B)''; and
(ii) in clause (ii), by inserting ``(subject to adjustment
under subsection (l))'' after ``$3''; and
(F) in paragraph (9)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by inserting ``and
subject to adjustment under subsection (l)'' after ``Tariff
Act of 1930''; and
(II) in clause (ii)(I), by inserting ``(subject to
adjustment under subsection (l))'' after ``bill of lading'';
and
(ii) in subparagraph (B)(i), by inserting ``(subject to
adjustment under subsection (l))'' after ``bill of lading''.
SEC. 52203. DIVIDENDS AND SURPLUS FUNDS OF RESERVE BANKS.
Section 7(a)(1)(A) of the Federal Reserve Act (12 U.S.C.
289(a)(1)(A)) is amended by striking ``6 percent'' and
inserting ``6 percent (1.5 percent in the case of a
stockholder having total consolidated assets of more than
$1,000,000,000 (determined as of September 30 of the
preceding fiscal year))''.
SEC. 52204. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE.
(a) Drawdown and Sale.--
(1) In general.--Notwithstanding section 161 of the Energy
Policy and Conservation Act (42 U.S.C. 6241), except as
provided in subsection (b), the Secretary of Energy shall
drawdown and sell from the Strategic Petroleum Reserve--
(A) 4,000,000 barrels of crude oil during fiscal year 2018;
(B) 5,000,000 barrels of crude oil during fiscal year 2019;
(C) 8,000,000 barrels of crude oil during fiscal year 2020;
(D) 8,000,000 barrels of crude oil during fiscal year 2021;
(E) 10,000,000 barrels of crude oil during fiscal year
2022;
(F) 16,000,000 barrels of crude oil during fiscal year
2023;
(G) 25,000,000 barrels of crude oil during fiscal year
2024; and
(H) 25,000,000 barrels of crude oil during fiscal year
2025.
(2) Deposit of amounts received from sale.--Amounts
received from a sale under paragraph (1) shall be deposited
in the general fund of the Treasury during the fiscal year in
which the sale occurs.
(b) Emergency Protection.--In any 1 fiscal year described
in subsection (a)(1), the Secretary of Energy shall not
drawdown and sell crude oil under this section in quantities
that would result in a Strategic Petroleum Reserve that
contains an inventory of petroleum products representing
fewer than 90 days of emergency reserves, based on the
average daily level of net imports of crude oil and petroleum
products in the calendar year preceding that fiscal year.
SEC. 52205. EXTENSION OF ENTERPRISE GUARANTEE FEE.
Section 1327(f) of the Housing and Community Development
Act of 1992 (12 U.S.C. 4547(f)) is amended by striking
``October 1, 2021'' and inserting ``October 1, 2025''.
Subtitle C--Outlays
SEC. 52301. INTEREST ON OVERPAYMENT.
Section 111 of the Federal Oil and Gas Royalty Management
Act of 1982 (30 U.S.C. 1721) is amended--
(1) by striking subsections (h) and (i);
(2) by redesignating subsections (j) through (l) as
subsections (h) through (j), respectively; and
(3) in subsection (h) (as so redesignated), by striking the
fourth sentence.
DIVISION F--MISCELLANEOUS
TITLE LXI--FEDERAL PERMITTING IMPROVEMENT
SEC. 61001. DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(2) Agency cerpo.--The term ``agency CERPO'' means the
chief environmental review and permitting officer of an
agency, as designated by the head of the agency under section
61002(b)(2)(A)(iii)(I).
(3) Authorization.--The term ``authorization'' means any
license, permit, approval, finding, determination, or other
administrative decision issued by an agency that is required
or authorized under Federal law in order to site, construct,
reconstruct, or commence operations of a covered project,
whether administered by a Federal or State agency.
(4) Cooperating agency.--The term ``cooperating agency''
means any agency with--
(A) jurisdiction under Federal law; or
(B) special expertise as described in section 1501.6 of
title 40, Code of Federal Regulations (as in effect on the
date of enactment of this Act).
(5) Council.--The term ``Council'' means the Federal
Infrastructure Permitting Improvement Steering Council
established under section 61002(a).
(6) Covered project.--
(A) In general.--The term ``covered project'' means any
activity in the United
[[Page S5664]]
States that requires authorization or environmental review by
a Federal agency involving construction of infrastructure for
renewable or conventional energy production, electricity
transmission, surface transportation, aviation, ports and
waterways, water resource projects, broadband, pipelines,
manufacturing, or any other sector as determined by a
majority vote of the Council that--
(i)(I) is subject to NEPA;
(II) is likely to require a total investment of more than
$200,000,000; and
(III) does not qualify for abbreviated authorization or
environmental review processes under any applicable law; or
(ii) is subject to NEPA and the size and complexity of
which, in the opinion of the Council, make the project likely
to benefit from enhanced oversight and coordination,
including a project likely to require--
(I) authorization from or environmental review involving
more than 2 Federal agencies; or
(II) the preparation of an environmental impact statement
under NEPA.
(B) Exclusion.--The term ``covered project'' does not
include--
(i) any project subject to section 139 of title 23, United
States Code; or
(ii) any project subject to section 2045 of the Water
Resources Development Act of 2007 (33 U.S.C. 2348).
(7) Dashboard.--The term ``Dashboard'' means the Permitting
Dashboard required under section 61003(b).
(8) Environmental assessment.--The term ``environmental
assessment'' means a concise public document for which a
Federal agency is responsible under section 1508.9 of title
40, Code of Federal Regulations (or successor regulations).
(9) Environmental document.--
(A) In general.--The term ``environmental document'' means
an environmental assessment, finding of no significant
impact, notice of intent, environmental impact statement, or
record of decision.
(B) Inclusions.--The term ``environmental document''
includes--
(i) any document that is a supplement to a document
described in subparagraph (A); and
(ii) a document prepared pursuant to a court order.
(10) Environmental impact statement.--The term
``environmental impact statement'' means the detailed written
statement required under section 102(2)(C) of NEPA.
(11) Environmental review.--The term ``environmental
review'' means the agency procedures and processes for
applying a categorical exclusion or for preparing an
environmental assessment, an environmental impact statement,
or other document required under NEPA.
(12) Executive director.--The term ``Executive Director''
means the Executive Director appointed by the President under
section 61002(b)(1)(A).
(13) Facilitating agency.--The term ``facilitating agency''
means the agency that receives the initial notification from
the project sponsor required under section 61003(a).
(14) Inventory.--The term ``inventory'' means the inventory
of covered projects established by the Executive Director
under section 61002(c)(1)(A).
(15) Lead agency.--The term ``lead agency'' means the
agency with principal responsibility for an environmental
review of a covered project under NEPA and parts 1500 through
1508 of title 40, Code of Federal Regulations (or successor
regulations).
(16) NEPA.--The term ``NEPA'' means the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(17) Participating agency.--The term ``participating
agency'' means an agency participating in an environmental
review or authorization for a covered project in accordance
with section 61003.
(18) Project sponsor.--The term ``project sponsor'' means
an entity, including any private, public, or public-private
entity, seeking an authorization for a covered project.
SEC. 61002. FEDERAL PERMITTING IMPROVEMENT COUNCIL.
(a) Establishment.--There is established the Federal
Permitting Improvement Steering Council.
(b) Composition.--
(1) Chair.--The Executive Director shall--
(A) be appointed by the President; and
(B) serve as Chair of the Council.
(2) Council members.--
(A) In general.--
(i) Designation by head of agency.--Each individual listed
in subparagraph (B) shall designate a member of the agency in
which the individual serves to serve on the Council.
(ii) Qualifications.--A councilmember described in clause
(i) shall hold a position in the agency of deputy secretary
(or the equivalent) or higher.
(iii) Support.--
(I) In general.--Consistent with guidance provided by the
Director of the Office of Management and Budget, each
individual listed in subparagraph (B) shall designate 1 or
more appropriate members of the agency in which the
individual serves to serve as an agency CERPO.
(II) Reporting.--In carrying out the duties of the agency
CERPO under this title, an agency CERPO shall report directly
to a deputy secretary (or the equivalent) or higher.
(B) Heads of agencies.--The individuals that shall each
designate a councilmember under this subparagraph are as
follows:
(i) The Secretary of Agriculture.
(ii) The Secretary of the Army.
(iii) The Secretary of Commerce.
(iv) The Secretary of the Interior.
(v) The Secretary of Energy.
(vi) The Secretary of Transportation.
(vii) The Secretary of Defense.
(viii) The Administrator of the Environmental Protection
Agency.
(ix) The Chairman of the Federal Energy Regulatory
Commission.
(x) The Chairman of the Nuclear Regulatory Commission.
(xi) The Secretary of Homeland Security.
(xii) The Secretary of Housing and Urban Development.
(xiii) The Chairman of the Advisory Council on Historic
Preservation.
(xiv) Any other head of a Federal agency that the Executive
Director may invite to participate as a member of the
Council.
(3) Additional members.--In addition to the members listed
in paragraphs (1) and (2), the Chairman of the Council on
Environmental Quality and the Director of the Office of
Management and Budget shall also be members of the Council.
(c) Duties.--
(1) Executive director.--
(A) Inventory development.--The Executive Director, in
consultation with the Council, shall--
(i) not later than 180 days after the date of enactment of
this Act, establish an inventory of covered projects that are
pending the environmental review or authorization of the head
of any Federal agency;
(ii)(I) categorize the projects in the inventory as
appropriate, based on sector and project type; and
(II) for each category, identify the types of environmental
reviews and authorizations most commonly involved; and
(iii) add a covered project to the inventory after
receiving a notice described in section 61003(a)(1).
(B) Facilitating agency designation.--The Executive
Director, in consultation with the Council, shall--
(i) designate a facilitating agency for each category of
covered projects described in subparagraph (A)(ii); and
(ii) publish the list of designated facilitating agencies
for each category of projects in the inventory on the
Dashboard in an easily accessible format.
(C) Performance schedules.--
(i) In general.--Not later than 1 year after the date of
enactment of this Act, the Executive Director, in
consultation with the Council, shall develop recommended
performance schedules, including intermediate and final
completion dates, for environmental reviews and
authorizations most commonly required for each category of
covered projects described in subparagraph (A)(ii).
(ii) Requirements.--
(I) In general.--The performance schedules shall reflect
employment of the use of the most efficient applicable
processes.
(II) Limit.--
(aa) In general.--The final completion dates in any
performance schedule for the completion of an environmental
review or authorization under clause (i) shall not exceed the
average time to complete an environmental review or
authorization for a project within that category.
(bb) Calculation of average time.--The average time
referred to in item (aa) shall be calculated on the basis of
data from the preceding 2 calendar years and shall run from
the period beginning on the date on which the Executive
Director must make a specific entry for the project on the
Dashboard under section 61003(b)(2) (except that, for
projects initiated before that duty takes effect, the period
beginning on the date of filing of a completed application),
and ending on the date of the issuance of a record of
decision or other final agency action on the review or
authorization.
(cc) Completion date.--Each performance schedule shall
specify that any decision by an agency on an environmental
review or authorization must be issued not later than 180
days after the date on which all information needed to
complete the review or authorization (including any hearing
that an agency holds on the matter) is in the possession of
the agency.
(iii) Review and revision.--Not later than 2 years after
the date on which the performance schedules are established
under this subparagraph, and not less frequently than once
every 2 years thereafter, the Executive Director, in
consultation with the Council, shall review and revise the
performance schedules.
(D) Guidance.--The Executive Director, in consultation with
the Council, may recommend to the Director of the Office of
Management and Budget or to the Council on Environmental
Quality, as appropriate, that guidance be issued as necessary
for agencies--
(i) to carry out responsibilities under this title; and
(ii) to effectuate the adoption by agencies of the best
practices and recommendations of the Council described in
paragraph (2).
(2) Council.--
(A) Recommendations.--
(i) In general.--The Council shall make recommendations to
the Executive Director with respect to the designations under
paragraph (1)(B) and the performance schedules under
paragraph (1)(C).
(ii) Update.--The Council may update the recommendations
described in clause (i).
[[Page S5665]]
(B) Best practices.--Not later than 1 year after the date
of enactment of this Act, and not less frequently than
annually thereafter, the Council shall issue recommendations
on the best practices for--
(i) enhancing early stakeholder engagement, including fully
considering and, as appropriate, incorporating
recommendations provided in public comments on any proposed
covered project;
(ii) ensuring timely decisions regarding environmental
reviews and authorizations, including through the development
of performance metrics;
(iii) improving coordination between Federal and non-
Federal governmental entities, including through the
development of common data standards and terminology across
agencies;
(iv) increasing transparency;
(v) reducing information collection requirements and other
administrative burdens on agencies, project sponsors, and
other interested parties;
(vi) developing and making available to applicants
appropriate geographic information systems and other tools;
(vii) creating and distributing training materials useful
to Federal, State, tribal, and local permitting officials;
and
(viii) addressing other aspects of infrastructure
permitting, as determined by the Council.
(3) Agency cerpos.--An agency CERPO shall--
(A) advise the respective agency councilmember on matters
related to environmental reviews and authorizations;
(B) provide technical support, when requested to facilitate
efficient and timely processes for environmental reviews and
authorizations for covered projects under the jurisdictional
responsibility of the agency, including supporting timely
identification and resolution of potential disputes within
the agency or between the agency and other Federal agencies;
(C) analyze agency environmental review and authorization
processes, policies, and authorities and make recommendations
to the respective agency councilmember for ways to
standardize, simplify, and improve the efficiency of the
processes, policies, and authorities, including by
implementing guidance issued under paragraph (1)(D) and other
best practices, including the use of information technology
and geographic information system tools within the agency and
across agencies, to the extent consistent with existing law;
and
(D) review and develop training programs for agency staff
that support and conduct environmental reviews or
authorizations.
(d) Administrative Support.--The Director of the Office of
Management and Budget shall designate a Federal agency, other
than an agency that carries out or provides support for
projects that are not covered projects, to provide
administrative support for the Executive Director, and the
designated agency shall, as reasonably necessary, provide
support and staff to enable the Executive Director to fulfill
the duties of the Executive Director under this title.
SEC. 61003. PERMITTING PROCESS IMPROVEMENT.
(a) Project Initiation and Designation of Participating
Agencies.--
(1) Notice.--
(A) In general.--A project sponsor of a covered project
shall submit to the Executive Director and the facilitating
agency notice of the initiation of a proposed covered
project.
(B) Default designation.--If, at the time of submission of
the notice under subparagraph (A), the Executive Director has
not designated a facilitating agency under section
61002(c)(1)(B) for the categories of projects noticed, the
agency that receives the notice under subparagraph (A) shall
be designated as the facilitating agency.
(C) Contents.--Each notice described in subparagraph (A)
shall include--
(i) a statement of the purposes and objectives of the
proposed project;
(ii) a concise description, including the general location
of the proposed project and a summary of geospatial
information, if available, illustrating the project area and
the locations, if any, of environmental, cultural, and
historic resources;
(iii) a statement regarding the technical and financial
ability of the project sponsor to construct the proposed
project;
(iv) a statement of any Federal financing, environmental
reviews, and authorizations anticipated to be required to
complete the proposed project; and
(v) an assessment that the proposed project meets the
definition of a covered project under section 61001 and a
statement of reasons supporting the assessment.
(2) Invitation.--
(A) In general.--Not later than 45 days after the date on
which the Executive Director must make a specific entry for
the project on the Dashboard under subsection (b)(2)(A), the
facilitating agency or lead agency, as applicable, shall--
(i) identify all Federal and non-Federal agencies and
governmental entities likely to have financing, environmental
review, authorization, or other responsibilities with respect
to the proposed project; and
(ii) invite all Federal agencies identified under clause
(i) to become a participating agency or a cooperating agency,
as appropriate, in the environmental review and authorization
management process described in section 61005.
(B) Deadlines.--Each invitation made under subparagraph (A)
shall include a deadline for a response to be submitted to
the facilitating or lead agency, as applicable.
(3) Participating and cooperating agencies.--
(A) In general.--An agency invited under paragraph (2)
shall be designated as a participating or cooperating agency
for a covered project, unless the agency informs the
facilitating or lead agency, as applicable, in writing before
the deadline under paragraph (2)(B) that the agency--
(i) has no jurisdiction or authority with respect to the
proposed project; or
(ii) does not intend to exercise authority related to, or
submit comments on, the proposed project.
(B) Changed circumstances.--On request and a showing of
changed circumstances, the Executive Director may designate
an agency that has opted out under subparagraph (A)(ii) to be
a participating or cooperating agency, as appropriate.
(4) Effect of designation.--The designation described in
paragraph (3) shall not--
(A) give the participating agency authority or jurisdiction
over the covered project; or
(B) expand any jurisdiction or authority a cooperating
agency may have over the proposed project.
(5) Lead agency designation.--
(A) In general.--On establishment of the lead agency, the
lead agency shall assume the responsibilities of the
facilitating agency under this title.
(B) Redesignation of facilitating agency.--If the lead
agency assumes the responsibilities of the facilitating
agency under subparagraph (A), the facilitating agency may be
designated as a cooperative or participating agency.
(6) Change of facilitating or lead agency.--
(A) In general.--On the request of a participating agency
or project sponsor, the Executive Director may designate a
different agency as the facilitating or lead agency, as
applicable, for a covered project, if the facilitating or
lead agency or the Executive Director receives new
information regarding the scope or nature of a covered
project that indicates that the project should be placed in a
different category under section 61002(c)(1)(B).
(B) Resolution of dispute.--The Executive Director shall
resolve any dispute over designation of a facilitating or
lead agency for a particular covered project.
(b) Permitting Dashboard.--
(1) Requirement to maintain.--
(A) In general.--The Executive Director, in coordination
with the Administrator of General Services, shall maintain an
online database to be known as the ``Permitting Dashboard''
to track the status of Federal environmental reviews and
authorizations for any covered project in the inventory
described in section 61002(c)(1)(A).
(B) Specific and searchable entry.--The Dashboard shall
include a specific and searchable entry for each covered
project.
(2) Additions.--
(A) In general.--
(i) Existing projects.--Not later than 14 days after the
date on which the Executive Director adds a project to the
inventory under section 61002(c)(1)(A), the Executive
Director shall create a specific entry on the Dashboard for
the covered project.
(ii) New projects.--Not later than 14 days after the date
on which the Executive Director receives a notice under
subsection (a)(1), the Executive Director shall create a
specific entry on the Dashboard for the covered project,
unless the Executive Director, facilitating agency, or lead
agency, as applicable, determines that the project is not a
covered project.
(B) Explanation.--If the facilitating agency or lead
agency, as applicable, determines that the project is not a
covered project, the project sponsor may submit a further
explanation as to why the project is a covered project not
later than 14 days after the date of the determination under
subparagraph (A).
(C) Final determination.--Not later than 14 days after
receiving an explanation described in subparagraph (B), the
Executive Director shall--
(i) make a final and conclusive determination as to whether
the project is a covered project; and
(ii) if the Executive Director determines that the project
is a covered project, create a specific entry on the
Dashboard for the covered project.
(3) Postings by agencies.--
(A) In general.--For each covered project added to the
Dashboard under paragraph (2), the facilitating or lead
agency, as applicable, and each cooperating and participating
agency shall post to the Dashboard--
(i) a hyperlink that directs to a website that contains, to
the extent consistent with applicable law--
(I) the notification submitted under subsection (a)(1);
(II)(aa) where practicable, the application and supporting
documents, if applicable, that have been submitted by a
project sponsor for any required environmental review or
authorization; or
(bb) a notice explaining how the public may obtain access
to such documents;
(III) a description of any Federal agency action taken or
decision made that materially affects the status of a covered
project;
(IV) any significant document that supports the action or
decision described in subclause (III); and
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(V) a description of the status of any litigation to which
the agency is a party that is directly related to the
project, including, if practicable, any judicial document
made available on an electronic docket maintained by a
Federal, State, or local court; and
(ii) any document described in clause (i) that is not
available by hyperlink on another website.
(B) Deadline.--The information described in subparagraph
(A) shall be posted to the website made available by
hyperlink on the Dashboard not later than 5 business days
after the date on which the Federal agency receives the
information.
(4) Postings by the executive director.--The Executive
Director shall publish to the Dashboard--
(A) the permitting timetable established under subparagraph
(A) or (C) of subsection (c)(2);
(B) the status of the compliance of each agency with the
permitting timetable;
(C) any modifications of the permitting timetable;
(D) an explanation of each modification described in
subparagraph (C); and
(E) any memorandum of understanding established under
subsection (c)(3)(B).
(c) Coordination and Timetables.--
(1) Coordinated project plan.--
(A) In general.--Not later than 60 days after the date on
which the Executive Director must make a specific entry for
the project on the Dashboard under subsection (b)(2)(A), the
facilitating or lead agency, as applicable, in consultation
with each coordinating and participating agency, shall
establish a concise plan for coordinating public and agency
participation in, and completion of, any required Federal
environmental review and authorization for the project.
(B) Required information.--The Coordinated Project Plan
shall include the following information and be updated by the
facilitating or lead agency, as applicable, at least once per
quarter:
(i) A list of, and roles and responsibilities for, all
entities with environmental review or authorization
responsibility for the project.
(ii) A permitting timetable, as described in paragraph (2),
setting forth a comprehensive schedule of dates by which all
environmental reviews and authorizations, and to the maximum
extent practicable, State permits, reviews and approvals must
be made.
(iii) A discussion of potential avoidance, minimization,
and mitigation strategies, if required by applicable law and
known.
(iv) Plans and a schedule for public and tribal outreach
and coordination, to the extent required by applicable law.
(C) Memorandum of understanding.--The coordinated project
plan described in subparagraph (A) may be incorporated into a
memorandum of understanding.
(2) Permitting timetable.--
(A) Establishment.--
(i) In general.--As part of the coordination project plan
under paragraph (1), the facilitating or lead agency, as
applicable, in consultation with each cooperating and
participating agency, the project sponsor, and any State in
which the project is located, shall establish a permitting
timetable that includes intermediate and final completion
dates for action by each participating agency on any Federal
environmental review or authorization required for the
project.
(ii) Consensus.--In establishing a permitting timetable
under clause (i), each agency shall, to the maximum extent
practicable, make efforts to reach a consensus.
(B) Factors for consideration.--In establishing the
permitting timetable under subparagraph (A), the facilitating
or lead agency shall follow the performance schedules
established under section 61002(c)(1)(C), but may vary the
timetable based on relevant factors, including--
(i) the size and complexity of the covered project;
(ii) the resources available to each participating agency;
(iii) the regional or national economic significance of the
project;
(iv) the sensitivity of the natural or historic resources
that may be affected by the project;
(v) the financing plan for the project; and
(vi) the extent to which similar projects in geographic
proximity to the project were recently subject to
environmental review or similar procedures under State law.
(C) Dispute resolution.--
(i) In general.--The Executive Director, in consultation
with appropriate agency CERPOs and the project sponsor,
shall, as necessary, mediate any disputes regarding the
permitting timetable established under subparagraph (A).
(ii) Disputes.--If a dispute remains unresolved 30 days
after the date on which the dispute was submitted to the
Executive Director, the Director of the Office of Management
and Budget, in consultation with the Chairman of the Council
on Environmental Quality, shall facilitate a resolution of
the dispute and direct the agencies party to the dispute to
resolve the dispute by the end of the 60-day period beginning
on the date of submission of the dispute to the Executive
Director.
(iii) Final resolution.--Any action taken by the Director
of the Office of Management and Budget in the resolution of a
dispute under clause (ii) shall--
(I) be final and conclusive; and
(II) not be subject to judicial review.
(D) Modification after approval.--
(i) In general.--The facilitating or lead agency, as
applicable, may modify a permitting timetable established
under subparagraph (A) only if--
(I) the facilitating or lead agency, as applicable, and the
affected cooperating agencies, after consultation with the
participating agencies, agree to a different completion date;
and
(II) the facilitating agency or lead agency, as applicable,
or the affected cooperating agency provides a written
justification for the modification.
(ii) Completion date.--A completion date in the permitting
timetable may not be modified within 30 days of the
completion date.
(E) Consistency with other time periods.--A permitting
timetable established under subparagraph (A) shall be
consistent with any other relevant time periods established
under Federal law and shall not prevent any cooperating or
participating agency from discharging any obligation under
Federal law in connection with the project.
(F) Conforming to permitting timetables.--
(i) In general.--Each Federal agency shall conform to the
completion dates set forth in the permitting timetable
established under subparagraph (A), or with any completion
date modified under subparagraph (D).
(ii) Failure to conform.--If a Federal agency fails to
conform with a completion date for agency action on a covered
project or is at significant risk of failing to conform with
such a completion date, the agency shall--
(I) promptly submit to the Executive Director for
publication on the Dashboard an explanation of the specific
reasons for failing or significantly risking failing to
conform to the completion date and a proposal for an
alternative completion date;
(II) in consultation with the facilitating or lead agency,
as applicable, establish an alternative completion date; and
(III) each month thereafter until the agency has taken
final action on the delayed authorization or review, submit
to the Executive Director for posting on the Dashboard a
status report describing any agency activity related to the
project.
(G) Abandonment of covered project.--
(i) In general.--If the facilitating or lead agency, as
applicable, has a reasonable basis to doubt the continuing
technical or financial ability of the project sponsor to
construct the covered project, the facilitating or lead
agency may request the project sponsor provide an updated
statement regarding the ability of the project sponsor to
complete the project.
(ii) Failure to respond.--If the project sponsor fails to
respond to a request described in clause (i) by the date that
is 30 days after receiving the request, the lead or
facilitating agency, as applicable, shall notify the
Executive Director, who shall publish an appropriate notice
on the Dashboard.
(iii) Publication to dashboard.--On publication of a notice
under clause (ii), the completion dates in the permitting
timetable shall be tolled and agencies shall be relieved of
the obligation to comply with subparagraph (F) until such
time as the project sponsor submits to the facilitating or
lead agency, as applicable, an updated statement regarding
the technical and financial ability of the project sponsor to
construct the project.
(3) Cooperating state, local, or tribal governments.--
(A) State authority.--If the Federal environmental review
is being implemented within the boundaries of a State, the
State, consistent with State law, may choose to participate
in the environmental review and authorization process under
this subsection and to make subject to the process all State
agencies that--
(i) have jurisdiction over the covered project;
(ii) are required to conduct or issue a review, analysis,
opinion, or statement for the covered project; or
(iii) are required to make a determination on issuing a
permit, license, or other approval or decision for the
covered project.
(B) Coordination.--To the maximum extent practicable under
applicable law, the facilitating or lead agency, as
applicable, shall coordinate the Federal environmental review
and authorization processes under this subsection with any
State, local, or tribal agency responsible for conducting any
separate review or authorization of the covered project to
ensure timely and efficient completion of environmental
reviews and authorizations.
(C) Memorandum of understanding.--
(i) In general.--Any coordination plan between the
facilitating or lead agency, as applicable, and any State,
local, or tribal agency shall, to the maximum extent
practicable, be included in a memorandum of understanding.
(ii) Submission to executive director.--The facilitating or
lead agency, as applicable, shall submit to the Executive
Director each memorandum of understanding described in clause
(i).
(d) Early Consultation.--The facilitating or lead agency,
as applicable, shall provide an expeditious process for
project sponsors to confer with each cooperating and
participating agency involved and, not later than 60 days
after the date on which the project sponsor submits a request
under this subsection, to have each such agency provide to
the project sponsor information concerning--
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(1) the availability of information and tools, including
pre-application toolkits, to facilitate early planning
efforts;
(2) key issues of concern to each agency and to the public;
and
(3) issues that must be addressed before an environmental
review or authorization can be completed.
(e) Cooperating Agency.--
(1) In general.--A lead agency may designate a
participating agency as a cooperating agency in accordance
with part 1501 of title 40, Code of Federal Regulations (or
successor regulations).
(2) Effect on other designation.--The designation described
in paragraph (1) shall not affect any designation under
subsection (a)(3).
(3) Limitation on designation.--Any agency not designated
as a participating agency under subsection (a)(3) shall not
be designated as a cooperating agency under paragraph (1).
(f) Reporting Status of Other Projects on Dashboard.--
(1) In general.--On request of the Executive Director, the
Secretary and the Secretary of the Army shall use best
efforts to provide information for inclusion on the Dashboard
on projects subject to section 139 of title 23, United States
Code, and section 2045 of the Water Resources Development Act
of 2007 (33 U.S.C. 2348) likely to require--
(A) a total investment of more than $200,000,000; and
(B) an environmental impact statement under NEPA.
(2) Effect of inclusion on dashboard.--Inclusion on the
Dashboard of information regarding projects subject to
section 139 of title 23, United States Code, or section 2045
of the Water Resources Development Act of 2007 (33 U.S.C.
2348) shall not subject those projects to any requirements of
this title.
SEC. 61004. INTERSTATE COMPACTS.
(a) In General.--The consent of Congress is given for 3 or
more contiguous States to enter into an interstate compact
establishing regional infrastructure development agencies to
facilitate authorization and review of covered projects,
under State law or in the exercise of delegated permitting
authority described under section 61006, that will advance
infrastructure development, production, and generation within
the States that are parties to the compact.
(b) Regional Infrastructure.--For the purpose of this
title, a regional infrastructure development agency referred
to in subsection (a) shall have the same authorities and
responsibilities of a State agency.
SEC. 61005. COORDINATION OF REQUIRED REVIEWS.
(a) Concurrent Reviews.--To integrate environmental reviews
and authorizations, each agency shall, to the maximum extent
practicable--
(1) carry out the obligations of the agency with respect to
a covered project under any other applicable law
concurrently, and in conjunction with, other environmental
reviews and authorizations being conducted by other
cooperating or participating agencies, including
environmental reviews and authorizations required under NEPA,
unless the agency determines that doing so would impair the
ability of the agency to carry out the statutory obligations
of the agency; and
(2) formulate and implement administrative, policy, and
procedural mechanisms to enable the agency to ensure
completion of the environmental review process in a timely,
coordinated, and environmentally responsible manner.
(b) Adoption, Incorporation by Reference, and Use of
Documents.--
(1) State environmental documents; supplemental
documents.--
(A) Use of existing documents.--
(i) In general.--On the request of a project sponsor, a
lead agency shall consider and, as appropriate, adopt or
incorporate by reference, the analysis and documentation that
has been prepared for a covered project under State laws and
procedures as the documentation, or part of the
documentation, required to complete an environmental review
for the covered project, if the analysis and documentation
were, as determined by the lead agency in consultation with
the Council on Environmental Quality, prepared under
circumstances that allowed for opportunities for public
participation and consideration of alternatives and
environmental consequences that are substantially equivalent
to what would have been available had the documents and
analysis been prepared by a Federal agency pursuant to NEPA.
(ii) Guidance by ceq.--The Council on Environmental Quality
may issue guidance to carry out this subsection.
(B) NEPA obligations.--An environmental document adopted
under subparagraph (A) or a document that includes
documentation incorporated under subparagraph (A) may serve
as the documentation required for an environmental review or
a supplemental environmental review required to be prepared
by a lead agency under NEPA.
(C) Supplementation of state documents.--If the lead agency
adopts or incorporates analysis and documentation described
in subparagraph (A), the lead agency shall prepare and
publish a supplemental document if the lead agency determines
that during the period after preparation of the analysis and
documentation and before the adoption or incorporation--
(i) a significant change has been made to the covered
project that is relevant for purposes of environmental review
of the project; or
(ii) there has been a significant circumstance or new
information has emerged that is relevant to the environmental
review for the covered project.
(D) Comments.--If a lead agency prepares and publishes a
supplemental document under subparagraph (C), the lead agency
shall solicit comments from other agencies and the public on
the supplemental document for a period of not more than 45
days, beginning on the date on which the supplemental
document is published, unless--
(i) the lead agency, the project sponsor, and any
cooperating agency agree to a longer deadline; or
(ii) the lead agency extends the deadline for good cause.
(E) Notice of outcome of environmental review.--A lead
agency shall issue a record of decision or finding of no
significant impact, as appropriate, based on the document
adopted under subparagraph (A) and any supplemental document
prepared under subparagraph (C).
(c) Alternatives Analysis.--
(1) Participation.--As early as practicable during the
environmental review, but not later than the commencement of
scoping for a project requiring the preparation of an
environmental impact statement, the lead agency, in
consultation with each cooperating agency, shall determine
the range of reasonable alternatives to be considered for a
covered project.
(2) Range of alternatives.--
(A) In general.--Following participation under paragraph
(1) and subject to subparagraph (B), the lead agency shall
determine the range of reasonable alternatives for
consideration in any document that the lead agency is
responsible for preparing for the covered project.
(B) Alternatives required by law.--In determining the range
of alternatives under subparagraph (A), the lead agency shall
include all alternatives required to be considered by law.
(3) Methodologies.--
(A) In general.--The lead agency shall determine, in
collaboration with each cooperating agency at appropriate
times during the environmental review, the methodologies to
be used and the level of detail required in the analysis of
each alternative for a covered project.
(B) Environmental review.--A cooperating agency shall use
the methodologies referred to in subparagraph (A) when
conducting any required environmental review, to the extent
consistent with existing law.
(4) Preferred alternative.--With the concurrence of the
cooperating agencies with jurisdiction under Federal law and
at the discretion of the lead agency, the preferred
alternative for a project, after being identified, may be
developed to a higher level of detail than other alternatives
to facilitate the development of mitigation measures or
concurrent compliance with other applicable laws if the lead
agency determines that the development of the higher level of
detail will not prevent--
(A) the lead agency from making an impartial decision as to
whether to accept another alternative that is being
considered in the environmental review; and
(B) the public from commenting on the preferred and other
alternatives.
(d) Environmental Review Comments.--
(1) Comments on draft environmental impact statement.--For
comments by an agency or the public on a draft environmental
impact statement, the lead agency shall establish a comment
period of not less than 45 days and not more than 60 days
after the date on which a notice announcing availability of
the environmental impact statement is published in the
Federal Register, unless--
(A) the lead agency, the project sponsor, and any
cooperating agency agree to a longer deadline; or
(B) the lead agency, in consultation with each cooperating
agency, extends the deadline for good cause.
(2) Other review and comment periods.--For all other review
or comment periods in the environmental review process
described in parts 1500 through 1508 of title 40, Code of
Federal Regulations (or successor regulations), the lead
agency shall establish a comment period of not more than 45
days after the date on which the materials on which comment
is requested are made available, unless--
(A) the lead agency, the project sponsor, and any
cooperating agency agree to a longer deadline; or
(B) the lead agency extends the deadline for good cause.
(e) Issue Identification and Resolution.--
(1) Cooperation.--The lead agency and each cooperating and
participating agency shall work cooperatively in accordance
with this section to identify and resolve issues that could
delay completion of an environmental review or an
authorization required for the project under applicable law
or result in the denial of any approval under applicable law.
(2) Lead agency responsibilities.--
(A) In general.--The lead agency shall make information
available to each cooperating and participating agency and
project sponsor as early as practicable in the environmental
review regarding the environmental, historic, and
socioeconomic resources located within the project area and
the general locations of the alternatives under
consideration.
[[Page S5668]]
(B) Sources of information.--The information described in
subparagraph (A) may be based on existing data sources,
including geographic information systems mapping.
(3) Cooperating and participating agency
responsibilities.--Each cooperating and participating agency
shall--
(A) identify, as early as practicable, any issues of
concern regarding any potential environmental impacts of the
covered project, including any issues that could
substantially delay or prevent an agency from completing any
environmental review or authorization required for the
project; and
(B) communicate any issues described in subparagraph (A) to
the project sponsor.
(f) Categories of Projects.--The authorities granted under
this section may be exercised for an individual covered
project or a category of covered projects.
SEC. 61006. DELEGATED STATE PERMITTING PROGRAMS.
(a) In General.--If a Federal statute permits a Federal
agency to delegate to or otherwise authorize a State to issue
or otherwise administer a permit program in lieu of the
Federal agency, the Federal agency with authority to carry
out the statute shall--
(1) on publication by the Council of best practices under
section 61002(c)(2)(B), initiate a national process, with
public participation, to determine whether and the extent to
which any of the best practices are generally applicable on a
delegation- or authorization-wide basis to permitting under
the statute; and
(2) not later than 2 years after the date of enactment of
this Act, make model recommendations for State modifications
of the applicable permit program to reflect the best
practices described in section 61002(c)(2)(B), as
appropriate.
(b) Best Practices.--Lead and cooperating agencies may
share with State, tribal, and local authorities best
practices involved in review of covered projects and invite
input from State, tribal, and local authorities regarding
best practices.
SEC. 61007. LITIGATION, JUDICIAL REVIEW, AND SAVINGS
PROVISION.
(a) Limitations on Claims.--
(1) In general.--Notwithstanding any other provision of
law, a claim arising under Federal law seeking judicial
review of any authorization issued by a Federal agency for a
covered project shall be barred unless--
(A) the action is filed not later than 2 years after the
date of publication in the Federal Register of the final
record of decision or approval or denial of a permit, unless
a shorter time is specified in the Federal law under which
judicial review is allowed; and
(B) in the case of an action pertaining to an environmental
review conducted under NEPA--
(i) the action is filed by a party that submitted a comment
during the environmental review or a party that lacked a
reasonable opportunity to submit a comment; and
(ii) a party filed a sufficiently detailed comment so as to
put the lead agency on notice of the issue on which the party
seeks judicial review.
(2) New information.--
(A) In general.--The head of a lead agency or participating
agency shall consider new information received after the
close of a comment period if the information satisfies the
requirements under regulations implementing NEPA.
(B) Separate action.--If Federal law requires the
preparation of a supplemental environmental impact statement
or other supplemental environmental document, the preparation
of such document shall be considered a separate final agency
action and the deadline for filing a claim for judicial
review of the agency action shall be 2 years after the date
on which a notice announcing the final agency action is
published in the Federal Register, unless a shorter time is
specified in the Federal law under which judicial review is
allowed.
(3) Rule of construction.--Nothing in this subsection
creates a right to judicial review or places any limit on
filing a claim that a person has violated the terms of an
authorization.
(b) Preliminary Injunctive Relief.--In addition to
considering any other applicable equitable factors, in any
action seeking a temporary restraining order or preliminary
injunction against an agency or a project sponsor in
connection with review or authorization of a covered project,
the court shall--
(1) consider the effects on public health, safety, and the
environment, the potential for significant job losses, and
other economic harm resulting from an order or injunction;
and
(2) not presume that the harms described in paragraph (1)
are reparable.
(c) Judicial Review.--Except as provided in subsection (a),
nothing in this title affects the reviewability of any final
Federal agency action in a court of competent jurisdiction.
(d) Savings Clause.--Nothing in this title--
(1) supersedes, amends, or modifies any Federal statute or
affects the responsibility of any Federal officer to comply
with or enforce any statute; or
(2) creates a presumption that a covered project will be
approved or favorably reviewed by any agency.
(e) Limitations.--Nothing in this section preempts, limits,
or interferes with--
(1) any practice of seeking, considering, or responding to
public comment; or
(2) any power, jurisdiction, responsibility, or authority
that a Federal, State, or local governmental agency,
metropolitan planning organization, Indian tribe, or project
sponsor has with respect to carrying out a project or any
other provisions of law applicable to any project, plan, or
program.
SEC. 61008. REPORT TO CONGRESS.
(a) In General.--Not later than April 15 of each year for
10 years beginning on the date of enactment of this Act, the
Executive Director shall submit to Congress a report
detailing the progress accomplished under this title during
the previous fiscal year.
(b) Contents.--The report described in subsection (a) shall
assess the performance of each participating agency and lead
agency based on the best practices described in section
61002(c)(2)(B).
(c) Opportunity to Include Comments.--Each councilmember,
with input from the respective agency CERPO, shall have the
opportunity to include comments concerning the performance of
the agency in the report described in subsection (a).
SEC. 61009. FUNDING FOR GOVERNANCE, OVERSIGHT, AND PROCESSING
OF ENVIRONMENTAL REVIEWS AND PERMITS.
(a) In General.--The heads of agencies listed in section
61002(b)(2)(B), with the guidance of the Director of the
Office of Management and Budget and in consultation with the
Executive Director, may, after public notice and opportunity
for comment, issue regulations establishing a fee structure
for project proponents to reimburse the United States for
reasonable costs incurred in conducting environmental reviews
and authorizations for covered projects.
(b) Reasonable Costs.--As used in this section, the term
``reasonable costs'' shall include costs to implement the
requirements and authorities required under sections 61002
and 61003, including the costs to agencies and the costs of
operating the Council.
(c) Fee Structure.--The fee structure established under
subsection (a) shall--
(1) be developed in consultation with affected project
proponents, industries, and other stakeholders;
(2) exclude parties for which the fee would impose an undue
financial burden or is otherwise determined to be
inappropriate; and
(3) be established in a manner that ensures that the
aggregate amount of fees collected for a fiscal year is
estimated not to exceed 20 percent of the total estimated
costs for the fiscal year for the resources allocated for the
conduct of the environmental reviews and authorizations
covered by this title, as determined by the Director of the
Office of Management and Budget.
(d) Environmental Review and Permitting Improvement Fund.--
(1) In general.--All amounts collected pursuant to this
section shall be deposited into a separate fund in the
Treasury of the United States to be known as the
``Environmental Review Improvement Fund'' (referred to in
this section as the ``Fund'').
(2) Availability.--Amounts in the Fund shall be available
to the Executive Director, without appropriation or fiscal
year limitation, solely for the purposes of administering,
implementing, and enforcing this title, including the
expenses of the Council.
(3) Transfer.--The Executive Director, with the approval of
the Director of the Office of Management and Budget, may
transfer amounts in the Fund to other agencies to facilitate
timely and efficient environmental reviews and authorizations
for proposed covered projects.
(e) Effect on Permitting.--The regulations adopted pursuant
to subsection (a) shall ensure that the use of funds accepted
under subsection (d) will not impact impartial decision-
making with respect to environmental reviews or
authorizations, either substantively or procedurally.
(f) Transfer of Appropriated Funds.--
(1) In general.--The heads of agencies listed in section
61002(b)(2)(B) shall have the authority to transfer, in
accordance with section 1535 of title 31, United States Code,
funds appropriated to those agencies and not otherwise
obligated to other affected Federal agencies for the purpose
of implementing the provisions of this title.
(2) Limitation.--Appropriations under title 23, United
States Code and appropriations for the civil works program of
the Army Corps of Engineers shall not be available for
transfer under paragraph (1).
SEC. 61010. APPLICATION.
This title applies to any covered project for which--
(1) a notice is filed under section 61003(a)(1); or
(2) an application or other request for a Federal
authorization is pending before a Federal agency 90 days
after the date of enactment of this Act.
SEC. 61011. GAO REPORT.
Not later than 3 years after the date of enactment of this
Act, the Comptroller General of the United States shall
submit to Congress a report that includes an analysis of
whether the provisions of this title could be adapted to
streamline the Federal permitting process for smaller
projects that are not covered projects.
TITLE LXII--ADDITIONAL PROVISIONS
SEC. 62001. HIRE MORE HEROES.
(a) Short Title.--This section may be cited as the ``Hire
More Heroes Act of 2015''.
(b) Employees With Health Coverage Under TRICARE or the
Veterans Administration Not Taken Into Account in Determining
Employers to Which the Employer Mandate Applies Under Patient
Protection and Affordable Care Act.--Section
[[Page S5669]]
4980H(c)(2) of the Internal Revenue Code of 1986 is amended
by adding at the end the following:
``(F) Exemption for health coverage under tricare or the
veterans administration.--Solely for purposes of determining
whether an employer is an applicable large employer under
this paragraph for any month, an individual shall not be
taken into account as an employee for such month if such
individual has medical coverage for such month under--
``(i) chapter 55 of title 10, United States Code, including
coverage under the TRICARE program, or
``(ii) under a health care program under chapter 17 or 18
of title 38, United States Code, as determined by the
Secretary of Veterans Affairs, in coordination with the
Secretary of Health and Human Services and the Secretary.''.
(c) Effective Date.--The amendment made by subsection (b)
shall apply to months beginning after December 31, 2013.
DIVISION G--SURFACE TRANSPORTATION EXTENSION
SEC. 70001. SHORT TITLE.
This division may cited as the ``Surface Transportation
Extension Act of 2015''.
TITLE LXXI--EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS
SEC. 71001. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.
(a) In General.--Section 1001 of the Highway and
Transportation Funding Act of 2014 (Public Law 113-159; 128
Stat. 1840; 129 Stat. 219) is amended--
(1) in subsection (a), by striking ``July 31, 2015'' and
inserting ``September 30, 2015'';
(2) in subsection (b)(1)--
(A) by striking ``July 31, 2015'' and inserting ``September
30, 2015''; and
(B) by striking ``\304/365\'' and inserting ``\365/365\'';
and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``July 31, 2015'' and inserting ``September
30, 2015''; and
(ii) by striking ``\304/365\'' and inserting ``\365/365\'';
and
(B) in paragraph (2)(B), by striking ``by this
subsection''.
(b) Obligation Ceiling.--Section 1102 of MAP-21 (23 U.S.C.
104 note; Public Law 112-141) is amended--
(1) in subsection (a)(3)--
(A) by striking ``$33,528,284,932'' and inserting
``$40,256,000,000''; and
(B) by striking ``July 31, 2015'' and inserting ``September
30, 2015'';
(2) in subsection (b)(12)--
(A) by striking ``July 31, 2015'' and inserting ``September
30, 2015''; and
(B) by striking ``\304/365\'' and inserting ``\365/365\'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``July 31, 2015'' and inserting ``September 30, 2015''; and
(B) in paragraph (2)--
(i) by striking ``July 31, 2015'' and inserting ``September
30, 2015''; and
(ii) by striking ``\304/365\'' and inserting ``\365/365\'';
and
(4) in subsection (f)(1), in the matter preceding
subparagraph (A), by striking ``July 31, 2015'' and inserting
``September 30, 2015''.
(c) Tribal High Priority Projects Program.--Section
1123(h)(1) of MAP-21 (23 U.S.C. 202 note; Public Law 112-141)
is amended--
(1) by striking ``$24,986,301'' and inserting
``$30,000,000''; and
(2) by striking ``July 31, 2015'' and inserting ``September
30, 2015''.
SEC. 71002. ADMINISTRATIVE EXPENSES.
(a) Authorization of Contract Authority.--Section 1002(a)
of the Highway and Transportation Funding Act of 2014 (Public
Law 113-159; 128 Stat. 1842; 129 Stat. 220) is amended--
(1) by striking ``$366,465,753'' and inserting
``$440,000,000''; and
(2) by striking ``July 31, 2015'' and inserting ``September
30, 2015''.
(b) Contract Authority.--Section 1002(b)(2) of the Highway
and Transportation Funding Act of 2014 (Public Law 113-159;
128 Stat. 1842; 129 Stat. 220) is amended by striking ``July
31, 2015'' and inserting ``September 30, 2015''.
TITLE LXXII--TEMPORARY EXTENSION OF PUBLIC TRANSPORTATION PROGRAMS
SEC. 72001. FORMULA GRANTS FOR RURAL AREAS.
Section 5311(c)(1) of title 49, United States Code, is
amended--
(1) in subparagraph (A), by striking ``ending before'' and
all that follows through ``July 31, 2015,''; and
(2) in subparagraph (B), by striking ``ending before'' and
all that follows through ``July 31, 2015,''.
SEC. 72002. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA
GRANTS.
Section 5336(h)(1) of title 49, United States Code, is
amended by striking ``before October 1, 2014'' and all that
follows through ``July 31, 2015,'' and inserting ``before
October 1, 2015''.
SEC. 72003. AUTHORIZATIONS FOR PUBLIC TRANSPORTATION.
(a) Formula Grants.--Section 5338(a) of title 49, United
States Code, is amended--
(1) in paragraph (1), by striking ``for fiscal year 2014''
and all that follows and inserting ``for fiscal year 2014,
and $8,595,000,000 for fiscal year 2015.'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``$107,274,521 for the
period beginning on October 1, 2014, and ending on July 31,
2015,'' and inserting ``$128,800,000 for fiscal year 2015'';
(B) in subparagraph (B), by striking ``2013 and 2014 and
$8,328,767 for the period beginning on October 1, 2014, and
ending on July 31, 2015,'' and inserting ``2013, 2014, and
2015'';
(C) in subparagraph (C), by striking ``$3,713,505,753 for
the period beginning on October 1, 2014, and ending on July
31, 2015,'' and inserting ``$4,458,650,000 for fiscal year
2015'';
(D) in subparagraph (D), by striking ``$215,132,055 for the
period beginning on October 1, 2014, and ending on July 31,
2015,'' and inserting ``$258,300,000 for fiscal year 2015'';
(E) in subparagraph (E)--
(i) by striking ``$506,222,466 for the period beginning on
October 1, 2014, and ending on July 31, 2015,'' and inserting
``$607,800,000 for fiscal year 2015'';
(ii) by striking ``$24,986,301 for the period beginning on
October 1, 2014, and ending on July 31, 2015,'' and inserting
``$30,000,000 for fiscal year 2015''; and
(iii) by striking ``$16,657,534 for the period beginning on
October 1, 2014, and ending on July 31, 2015,'' and inserting
``$20,000,000 for fiscal year 2015'';
(F) in subparagraph (F), by striking ``2013 and 2014 and
$2,498,630 for the period beginning on October 1, 2014, and
ending on July 31, 2015,'' and inserting ``2013, 2014, and
2015'';
(G) in subparagraph (G), by striking ``2013 and 2014 and
$4,164,384 for the period beginning on October 1, 2014, and
ending on July 31, 2015,'' and inserting ``2013, 2014, and
2015'';
(H) in subparagraph (H), by striking ``2013 and 2014 and
$3,206,575 for the period beginning on October 1, 2014, and
ending on July 31, 2015,'' and inserting ``2013, 2014, and
2015'';
(I) in subparagraph (I), by striking ``$1,803,927,671 for
the period beginning on October 1, 2014, and ending on July
31, 2015,'' and inserting ``$2,165,900,000 for fiscal year
2015'';
(J) in subparagraph (J), by striking ``$356,304,658 for the
period beginning on October 1, 2014, and ending on July 31,
2015,'' and inserting ``$427,800,000 for fiscal year 2015'';
and
(K) in subparagraph (K), by striking ``$438,009,863 for the
period beginning on October 1, 2014, and ending on July 31,
2015,'' and inserting ``$525,900,000 for fiscal year 2015''.
(b) Research, Development Demonstration and Deployment
Projects.--Section 5338(b) of title 49, United States Code,
is amended by striking ``$58,301,370 for the period beginning
on October 1, 2014, and ending on July 31, 2015'' and
inserting ``$70,000,000 for fiscal year 2015''.
(c) Transit Cooperative Research Program.--Section 5338(c)
of title 49, United States Code, is amended by striking
``$5,830,137 for the period beginning on October 1, 2014, and
ending on July 31, 2015'' and inserting ``$7,000,000 for
fiscal year 2015''.
(d) Technical Assistance and Standards Development.--
Section 5338(d) of title 49, United States Code, is amended
by striking ``$5,830,137 for the period beginning on October
1, 2014, and ending on July 31, 2015'' and inserting
``$7,000,000 for fiscal year 2015''.
(e) Human Resources and Training.--Section 5338(e) of title
49, United States Code, is amended by striking ``$4,164,384
for the period beginning on October 1, 2014, and ending on
July 31, 2015'' and inserting ``$5,000,000 for fiscal year
2015''.
(f) Capital Investment Grants.--Section 5338(g) of title
49, United States Code, is amended by striking
``$1,558,295,890 for the period beginning on October 1, 2014,
and ending on July 31, 2015'' and inserting ``$1,907,000,000
for fiscal year 2015''.
(g) Administration.--Section 5338(h) of title 49, United
States Code, is amended--
(1) in paragraph (1), by striking ``$86,619,178 for the
period beginning on October 1, 2014, and ending on July 31,
2015'' and inserting ``$104,000,000 for fiscal year 2015'';
(2) in paragraph (2), by striking ``2013 and 2014 and not
less than $4,164,384 for the period beginning on October 1,
2014, and ending on July 31, 2015,'' and inserting ``2013,
2014, and 2015''; and
(3) in paragraph (3), by striking ``2013 and 2014 and not
less than $832,877 for the period beginning on October 1,
2014, and ending on July 31, 2015,'' and inserting ``2013,
2014, and 2015''.
SEC. 72004. BUS AND BUS FACILITIES FORMULA GRANTS.
Section 5339(d)(1) of title 49, United States Code, is
amended--
(1) by striking ``2013 and 2014 and $54,553,425 for the
period beginning on October 1, 2014, and ending on July 31,
2015,'' and inserting ``2013, 2014, and 2015'';
(2) by striking ``and $1,041,096 for such period''; and
(3) by striking ``and $416,438 for such period''.
TITLE LXXIII--EXTENSION OF HIGHWAY SAFETY PROGRAMS
Subtitle A--Extension of Highway Safety Programs
SEC. 73101. EXTENSION OF NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION HIGHWAY SAFETY PROGRAMS.
(a) Extension of Programs.--
(1) Highway safety programs.--Section 31101(a)(1)(C) of
MAP-21 (126 Stat. 733) is amended to read as follows:
``(C) $235,000,000 for fiscal year 2015.''.
(2) Highway safety research and development.--Section
31101(a)(2)(C) of MAP-21 (126 Stat. 733) is amended to read
as follows:
[[Page S5670]]
``(C) $113,500,000 for fiscal year 2015.''.
(3) National priority safety programs.--Section
31101(a)(3)(C) of MAP-21 (126 Stat. 733) is amended to read
as follows:
``(C) $272,000,000 for fiscal year 2015.''.
(4) National driver register.--Section 31101(a)(4)(C) of
MAP-21 (126 Stat. 733) is amended to read as follows:
``(C) $5,000,000 for fiscal year 2015.''.
(5) High visibility enforcement program.--
(A) Authorization of appropriations.--Section
31101(a)(5)(C) of MAP-21 (126 Stat. 733) is amended to read
as follows:
``(C) $29,000,000 for fiscal year 2015.''.
(B) Law enforcement campaigns.--Section 2009(a) of SAFETEA-
LU (23 U.S.C. 402 note) is amended--
(i) in the first sentence, by striking ``and 2014 and in
the period beginning on October 1, 2014, and ending on July
31, 2015'' and inserting ``through 2015''; and
(ii) in the second sentence, by striking ``and 2014 and in
the period beginning on October 1, 2014, and ending on July
31, 2015,'' and inserting ``through 2015''.
(6) Administrative expenses.--Section 31101(a)(6)(C) of
MAP-21 (126 Stat. 733) is amended to read as follows:
``(C) $25,500,000 for fiscal year 2015.''.
(b) Cooperative Research and Evaluation.--Section 403(f)(1)
of title 23, United States Code, is amended by striking
``under subsection 402(c) in each fiscal year ending before
October 1, 2014, and $2,082,192 of the total amount available
for apportionment to the States for highway safety programs
under section 402(c) in the period beginning on October 1,
2014, and ending on July 31, 2015,'' and inserting ``under
section 402(c) in each fiscal year ending before October 1,
2015,''.
(c) Applicability of Title 23.--Section 31101(c) of MAP-21
(126 Stat. 733) is amended by striking ``fiscal years 2013
and 2014 and for the period beginning on October 1, 2014, and
ending on July 31, 2015,'' and inserting ``each of fiscal
years 2013 through 2015''.
SEC. 73102. EXTENSION OF FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION PROGRAMS.
(a) Motor Carrier Safety Grants.--Section 31104(a)(10) of
title 49, United States Code, is amended to read as follows:
``(10) $218,000,000 for fiscal year 2015.''.
(b) Administrative Expenses.--Section 31104(i)(1)(J) of
title 49, United States Code, is amended to read as follows:
``(J) $259,000,000 for fiscal year 2015.''.
(c) Grant Programs.--
(1) Commercial driver's license program improvement
grants.--Section 4101(c)(1) of SAFETEA-LU (119 Stat. 1715) is
amended by striking ``each of fiscal years 2013 and 2014 and
$24,986,301 for the period beginning on October 1, 2014, and
ending on July 31, 2015'' and inserting ``each of fiscal
years 2013 through 2015''.
(2) Border enforcement grants.--Section 4101(c)(2) of
SAFETEA-LU (119 Stat. 1715) is amended by striking ``each of
fiscal years 2013 and 2014 and $26,652,055 for the period
beginning on October 1, 2014, and ending on July 31, 2015''
and inserting ``each of fiscal years 2013 through 2015''.
(3) Performance and registration information system
management grant program.--Section 4101(c)(3) of SAFETEA-LU
(119 Stat. 1715) is amended by striking ``each of fiscal
years 2013 and 2014 and $4,164,384 for the period beginning
on October 1, 2014, and ending on July 31, 2015'' and
inserting ``each of fiscal years 2013 through 2015''.
(4) Commercial vehicle information systems and networks
deployment program.--Section 4101(c)(4) of SAFETEA-LU (119
Stat. 1715) is amended by striking ``each of fiscal years
2013 and 2014 and $20,821,918 for the period beginning on
October 1, 2014, and ending on July 31, 2015'' and inserting
``each of fiscal years 2013 through 2015''.
(5) Safety data improvement grants.--Section 4101(c)(5) of
SAFETEA-LU (119 Stat. 1715) is amended by striking ``each of
fiscal years 2013 and 2014 and $2,498,630 for the period
beginning on October 1, 2014, and ending on July 31, 2015''
and inserting ``each of fiscal years 2013 through 2015''.
(d) High-Priority Activities.--Section 31104(k)(2) of title
49, United States Code, is amended by striking ``each of
fiscal years 2006 through 2014 and up to $12,493,151 for the
period beginning on October 1, 2014, and ending on July 31,
2015,'' and inserting ``each of fiscal years 2006 through
2015''.
(e) New Entrant Audits.--Section 31144(g)(5)(B) of title
49, United States Code, is amended by striking ``per fiscal
year and up to $26,652,055 for the period beginning on
October 1, 2014, and ending on July 31, 2015,'' and inserting
``per fiscal year''.
(f) Outreach and Education.--Section 4127(e) of SAFETEA-LU
(119 Stat. 1741) is amended by striking ``each of fiscal
years 2013 and 2014 and $3,331,507 to the Federal Motor
Carrier Safety Administration for the period beginning on
October 1, 2014, and ending on July 31, 2015,'' and inserting
``each of fiscal years 2013 through 2015''.
(g) Grant Program for Commercial Motor Vehicle Operators.--
Section 4134(c) of SAFETEA-LU (49 U.S.C. 31301 note) is
amended by striking ``each of fiscal years 2005 through 2014
and $832,877 for the period beginning on October 1, 2014, and
ending on July 31, 2015'' and inserting ``each of fiscal
years 2005 through 2015''.
SEC. 73103. DINGELL-JOHNSON SPORT FISH RESTORATION ACT.
Section 4 of the Dingell-Johnson Sport Fish Restoration Act
(16 U.S.C. 777c) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1) by striking ``each fiscal year through 2014 and for the
period beginning on October 1, 2014, and ending on July 31,
2015,'' and inserting ``each fiscal year through 2015''; and
(2) in subsection (b)(1)(A) by striking ``for each fiscal
year ending before October 1, 2014, and for the period
beginning on October 1, 2014, and ending on July 31, 2015,''
and inserting ``for each fiscal year ending before October 1,
2015''.
Subtitle B--Hazardous Materials
SEC. 73201. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 5128(a)(3) of title 49, United
States Code, is amended to read as follows:
``(3) $42,762,000 for fiscal year 2015.''.
(b) Hazardous Materials Emergency Preparedness Fund.--
Section 5128(b)(2) of title 49, United States Code, is
amended to read as follows:
``(2) Fiscal year 2015.--From the Hazardous Materials
Emergency Preparedness Fund established under section
5116(i), the Secretary may expend during fiscal year 2015--
``(A) $188,000 to carry out section 5115;
``(B) $21,800,000 to carry out subsections (a) and (b) of
section 5116, of which not less than $13,650,000 shall be
available to carry out section 5116(b);
``(C) $150,000 to carry out section 5116(f);
``(D) $625,000 to publish and distribute the Emergency
Response Guidebook under section 5116(i)(3); and
``(E) $1,000,000 to carry out section 5116(j).''.
(c) Hazardous Materials Training Grants.--Section 5128(c)
of title 49, United States Code, is amended by striking
``each of fiscal years 2013 and 2014 and $3,331,507 for the
period beginning on October 1, 2014, and ending on July 31,
2015,'' and inserting ``each of fiscal years 2013 through
2015''.
TITLE LXXIV--REVENUE PROVISIONS
SEC. 74001. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY.
(a) Highway Trust Fund.--Section 9503 of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``August 1, 2015'' in subsections
(b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1,
2015'', and
(2) by striking ``Highway and Transportation Funding Act of
2015'' in subsections (c)(1) and (e)(3) and inserting
``Surface Transportation Extension Act of 2015''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section
9504 of the Internal Revenue Code of 1986 is amended--
(1) by striking ``Highway and Transportation Funding Act of
2015'' each place it appears in subsection (b)(2) and
inserting ``Surface Transportation Extension Act of 2015'',
and
(2) by striking ``August 1, 2015'' in subsection (d)(2) and
inserting ``October 1, 2015''.
(c) Leaking Underground Storage Tank Trust Fund.--Paragraph
(2) of section 9508(e) of the Internal Revenue Code of 1986
is amended by striking ``August 1, 2015'' and inserting
``October 1, 2015''.
(d) Effective Date.--The amendments made by this section
shall take effect on August 1, 2015.
DIVISION H--BUDGETARY EFFECTS
SEC. 80001. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
SEC. 80002. MAINTENANCE OF HIGHWAY TRUST FUND CASH BALANCE.
(a) Definitions.--In this section:
(1) Highway account.--The term ``Highway Account'' has the
meaning given the term in section 9503(e)(5)(B) of the
Internal Revenue Code of 1986.
(2) Highway trust fund.--The term ``Highway Trust Fund''
means the Highway Trust Fund established by section 9503(a)
of the Internal Revenue Code of 1986.
(3) Mass transit account.--The term ``Mass Transit
Account'' means the Mass Transit Account established by
section 9503(e)(1) of the Internal Revenue Code of 1986.
(b) Restriction on Obligations.--If the Secretary, in
consultation with the Secretary of the Treasury, determines
under the test or reevaluation described under subsection (c)
or (d) that the projected cash balances of either the Highway
Account or the Mass Transit Account of the Highway Trust Fund
will fall below the levels described in subparagraph (A) or
(B) of subsection (c)(2) at any time during the fiscal year
for which that determination applies, the Secretary shall not
approve any obligation of funds authorized out of the Highway
Account or the Mass Transit Account of the Highway Trust Fund
during that fiscal year.
(c) Cash Balance Test.--On July 15 prior to the beginning
of each of fiscal years 2019 through 2021, the Secretary, in
consultation with the Secretary of the Treasury, shall--
(1) based on data available for the midsession review
described under section 1106 of title 31, United States Code,
estimate the projected cash balances of the Highway Account
and the Mass Transit Account of the Highway Trust Fund for
the upcoming fiscal year; and
(2) determine if those cash balances--
[[Page S5671]]
(A) are projected to fall below the amount of
$4,000,000,000 at any time during that upcoming fiscal year
in the Highway Account of the Highway Trust Fund; or
(B) are projected to fall below the amount of
$1,000,000,000 at any time during that upcoming fiscal year
in the Mass Transit Account of the Highway Trust Fund.
(d) Reevaluation.--The Secretary shall conduct the test
described under subsection (c) again during a respective
fiscal year--
(1) if a law is enacted that provides additional revenues,
deposits, or transfers to the Highway Trust Fund; or
(2) when the President submits to Congress under section
1105(a) of title 31, United States Code, updated outlay
estimates or revenue projections related to the Highway Trust
Fund.
(e) Notification.--Not later than 15 days after a
determination is made under subsection (c) or (d), the
Secretary shall provide notification of the determination
to--
(1) the Committee on Environment and Public Works of the
Senate;
(2) the Committee on Transportation and Infrastructure of
the House of Representatives;
(3) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(4) the Committee on Commerce, Science, and Transportation
of the Senate; and
(5) State transportation departments and designated
recipients.
(f) Exceptions.--Notwithstanding subsection (b), the
Secretary shall approve obligations in every fiscal year
for--
(1) administrative expenses of the Federal Highway
Administration, including any administrative expenses funded
under--
(A) section 104(a) of title 23, United States Code;
(B) the tribal transportation program under section
202(a)(6), of title 23, United States Code;
(C) the Federal lands transportation program under section
203 of title 23, United States Code; and
(D) chapter 6 of title 23, United States Code;
(2) funds for the national highway performance program
under section 119 of title 23, United States Code, that are
exempt from the limitation on obligations;
(3) the emergency relief program under section 125 of title
23, United States Code;
(4) the administrative expenses of the National Highway
Traffic Safety Administration in carrying out chapter 4 of
title 23, United States Code;
(5) the highway safety programs under section 402 of title
23, United States Code, and national priority safety programs
under section 405 of title 23, United States Code;
(6) the high visibility enforcement program under section
2009 of SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-59);
(7) the highway safety research and development program
under section 403 of title 23, United States Code;
(8) the national driver register under chapter 303 of title
49, United States Code;
(9) the motor carrier safety assistance program under
section 31102 of title 49, United States Code;
(10) the administrative expenses of the Federal Motor
Carrier Safety Administration under section 31110 of title
49, United States Code; and
(11) the administrative expenses of the Federal Transit
Administration funded under section 5338(h) of title 49,
United States Code, to carry out section 5329 of title 49,
United States Code.
SEC. 80003. PROHIBITION ON RESCISSIONS OF CERTAIN CONTRACT
AUTHORITY.
For purposes of the enforcement of a point of order
established under the Congressional Budget Act of 1974 (2
U.S.C. 621 et seq.), the determination of levels under the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.) or the Statutory Pay-As-You-Go Act of
2010 (2 U.S.C. 931 et seq.), and the enforcement of a point
of order established under or the determination of levels
under a concurrent resolution on the budget, the rescission
of contract authority that is provided under this Act or an
amendment made by this Act for fiscal year 2019, 2020, or
2021 shall not be counted.
Mr. McCONNELL. Madam President, I ask for the yeas and nays on my
amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Amendment No. 2327 to Amendment No. 2266
(Purpose: To reauthorize and reform the Export-Import Bank of the
United States)
Mr. McCONNELL. Madam President, I call up the Kirk amendment No.
2327.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell], for Mr. Kirk,
proposes an amendment numbered 2327 to amendment No. 2266.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
Mr. McCONNELL. I ask for the yeas and nays on the amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Amendment No. 2328 to Amendment No. 2327
Mr. McCONNELL. Madam President, I have a second-degree amendment at
the desk.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 2328 to amendment No. 2327.
Mr. McCONNELL. I ask unanimous consent that the reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To repeal the Patient Protection and Affordable Care Act and
the Health Care and Education Reconciliation Act of 2010 entirely)
At the end, insert the following:
SEC. __. REPEAL OF THE PATIENT PROTECTION AND AFFORDABLE CARE
ACT AND THE HEALTH CARE AND EDUCATION
RECONCILIATION ACT OF 2010.
(a) Patient Protection and Affordable Care Act.--Effective
on the date that is 180 days after the date of enactment of
this Act, the Patient Protection and Affordable Care Act
(Public Law 111-148) is repealed and the provisions of law
amended or repealed by such Act are restored or revived as if
such Act had not been enacted.
(b) Health Care and Education Reconciliation Act of 2010.--
Effective on the date that is 180 days after the date of
enactment of this Act, the Health Care and Education
Reconciliation Act of 2010 (Public Law 111-152) is repealed
and the provisions of law amended or repealed by such Act are
restored or revived as if such Act had not been enacted.
(c) Budgetary Effects.--The budgetary effects of this
section, for the purpose of complying with the Statutory Pay-
As-You-Go Act of 2010, shall be determined by reference to
the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this section, submitted for printing in the
Congressional Record by the Chairman of the Committee on the
Budget of the House of Representatives, as long as such
statement has been submitted prior to the vote on passage of
this Act.
Amendment No. 2329
Mr. McCONNELL. Madam President, I have an amendment to the text
proposed to be stricken.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 2329 to the language proposed to be
stricken by amendment No. 2266.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
Mr. McCONNELL. I ask for the yeas and nays on my amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Amendment No. 2330 to Amendment No. 2329
Mr. McCONNELL. Madam President, I have a second-degree amendment at
the desk.
The PRESIDING OFFICER. The clerk will report.
The senior assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell] proposes an
amendment numbered 2330 to amendment No 2329.
The amendment is as follows:
At the end insert the following:
``This act shall be effective one day after enactment.''
Cloture Motion
Mr. McCONNELL. Madam President, I have a cloture motion at the desk
for the second-degree amendment No. 2328.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The senior assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on the McConnell
amendment No. 2328, to repeal Obamacare.
Mitch McConnell, Marco Rubio, John Cornyn, John Barrasso,
Dan Sullivan, Michael B. Enzi, John McCain, Joni Ernst,
Deb Fischer, Tim Scott, Mike Rounds, James E. Risch,
Daniel Coats, James Lankford, David Perdue, Richard
Burr.
Cloture Motion
Mr. McCONNELL. Madam President, I have a cloture motion at the desk
for the Kirk amendment No. 2327.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The legislative clerk read as follows:
[[Page S5672]]
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on the Kirk
amendment No. 2327 to amendment No. 2266, as modified, to
H.R. 22, an act to amend the Internal Revenue Code of 1986 to
exempt employees with health coverage under TRICARE or the
Veterans Administration from being taken into account for
purposes of determining the employers to which the employer
mandate applies under the Patient Protection and Affordable
Care Act.
Lindsey Graham, Mark Kirk, Kelly Ayotte, Susan M.
Collins, John McCain, Richard Burr, Roy Blunt, Jeanne
Shaheen, Thomas R. Carper, Heidi Heitkamp, Maria
Cantwell, Patty Murray, Sherrod Brown, Christopher A.
Coons, Richard J. Durbin, Amy Klobuchar, Harry Reid.
Mr. PAUL addressed the Chair.
Cloture Motion
Mr. McCONNELL. Madam President, I have a cloture motion at the desk
for amendment No. 2266, as modified.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on the McConnell
amendment No. 2266, as modified.
Mitch McConnell, John Cornyn, Orrin G. Hatch, John
Barrasso, Pat Roberts, Richard Burr, Thom Tillis, David
Vitter, Lindsey Graham, Kelly Ayotte, Lamar Alexander,
Daniel Coats, John Hoeven, James M. Inhofe, Roger F.
Wicker, Susan M. Collins, John Thune.
Mr. PAUL addressed the Chair.
Cloture Motion
Mr. McCONNELL. Madam President, I have a cloture motion at the desk
for H.R. 22.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
Mr. PAUL addressed the Chair.
The senior assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on H.R. 22, an act
to amend the Internal Revenue Code of 1986 to exempt
employees with health coverage under TRICARE or the Veterans
Administration from being taken into account for purposes of
determining the employers to which the employer mandate
applies under the Patient Protection and Affordable Care Act.
Mr. McCONNELL. I ask unanimous consent that the reading of the names
be dispensed with.
The PRESIDING OFFICER. Is there objection?
Several Senators addressed the Chair.
The PRESIDING OFFICER. Is there an objection from the Senator?
Mr. PAUL. Yes.
Several Senators addressed the Chair.
Mr. McCONNELL. Regular order.
The PRESIDING OFFICER. The clerk will read the names on the cloture
motion.
The senior assistant legislative clerk read as follows:
John Cornyn, Orrin Hatch, John Barrasso, Pat Roberts,
Richard Burr, Thom Tillis, David Vitter, Lindsey
Graham, Kelly Ayotte, Lamar Alexander, Daniel Coats,
John Hoeven, James Inhofe, Roger F. Wicker, Susan
Collins, John Thune.
The PRESIDING OFFICER. The majority leader.
Mr. McCONNELL. Madam President, the hard work to pass a bipartisan,
fiscally responsible, multiyear highway bill that doesn't raise taxes
or increase the deficit continues. It hasn't been easy. We always knew
obstacles would lie ahead at every turn, and they sure have, but our
country needs a multiyear highway bill, and we will get there if we
just continue to stick together.
Perhaps the most challenging issue now relates to amendments.
Supporters of the Ex-Im Bank are demanding a vote to reauthorize it,
and they have made it clear they are ready to stop all other amendments
if denied that opportunity. They have already proven they have the
votes to back up the threat as well. This presents a challenge for the
Senate and to opponents of the Ex-Im Bank, like myself in particular,
but I believe we can still move forward, and I believe the more
equitable and more balanced proposal I just offered will allow us to do
so.
So let me explain. It provides for votes on two long-sought,
nongermane amendments. First, it allows a vote on an amendment to
reauthorize the Ex-Im Bank, something nearly every Democrat wants.
Second, it allows a vote on an amendment that would repeal ObamaCare,
something nearly every Republican wants and something we will continue
to fight for.
Ex-Im shouldn't be the only vote we take on this bill, and under the
compromise I just filed, it will not be. That is a much fairer way
forward.
I would urge my colleagues to join me in voting against Ex-Im, and I
urge every Senator to take this important opportunity to join me in
voting to finally give the American people the fresh start they deserve
on health care.
I know we will engage in a robust debate on all of these issues--we
should--and then we will take a vote. While the clock demands that we
file cloture given that the highway trust fund will expire at the end
of next week, I hope we still have a robust amendment process on this
critical bill.
So I would encourage every one of my colleagues to work with the bill
managers on their germane amendments.
Senators should also note this: Yesterday, I circulated bill language
to both sides of the aisle that I intended to use to modify my
amendment No. 2266. That language contained technical and conforming
edits as well as the removal of a provision related to fugitive felons
that was not needed to fully offset the bill.
I wanted to let my colleagues know the amendment I just offered
contains one additional modification. It removes provisions that would
have terminated the $1.7 billion Hardest Hit Fund mortgage program.
Several Senators on both sides of the aisle--and in particular Senator
Portman on our side of the aisle has been a real champion on this
issue--expressed their opposition to its termination. So we have
reduced spending levels in the bill to accommodate this change, while
ensuring the bill remains fully paid for, for 3 years.
Recognition of the Minority Leader
The PRESIDING OFFICER. The Democratic leader is recognized.
Mr. REID. Madam President, I am just trying to focus. Did I just hear
the legislative tree being filled? I can answer that question.
Tragedy in Lafayette, Louisiana
Madam President, this morning, Americans are waking to another news
account of a tragic and senseless shooting. This one occurred in
Lafayette, LA. The details are emerging, but at least two were murdered
and about a dozen others were wounded.
We focus, as we should, on the innocent people watching the movie who
were murdered, but we also need to focus on the other dozen. How many
of those people will be paraplegics, quadriplegics or have injuries
that will follow them for the rest of their lives? Time will only tell.
I know I speak for every Member of the Senate when I say our thoughts
are with the victims, their families, and the many brave first
responders who were at the scene.
Affordable Care Act
Madam President, once again the majority leader has cynically filed
another repeal of the Obama health care legislation--it was
legislation; it is now the law. I hope the Senate doesn't try to catch
up with the House as to how many times they are going to try to repeal
it.
It is a fact that the critics are stubbornly ignoring reality. That
reality is that the bill passed many years ago. It has been reviewed in
detail by various courts in the land and the highest courts in the land
have upheld this law, including the Supreme Court, on two separate
occasions.
We passed the Affordable Care Act. It has been signed into law. The
Supreme Court has upheld it on two separate occasions. It is time for
the Republicans to move on and join us in trying to improve the health
care delivery system we have in America today. It is time to move on to
something else because now we are approaching 20 million people who
benefit from the law that is now in existence.
Madam President, 85 percent of these 10.2 million consumers who have
coverage in these exchanges have tax credits to help them afford that
coverage.
[[Page S5673]]
These credits effectively cap premiums at a percent of income for those
individuals, defraying the impact of any premium increases.
Without going into more numbers, with rare exceptions, the fact is
every time I go home I have people come to me and say that we are so
grateful for this law because my daughter can now get health insurance.
We are not talking about a bunch of teenagers; we are talking about
people who were unable for all of their childhood and their adult life
to get insurance until now.
We need to move on. This is not productive. I hope everyone will
recognize that the health care delivery system is not perfect, but we
are willing to work with the Republicans in trying to improve it, but
let's do it constructively.
Sequestration
Madam President, finally, unless we act, in 3 months the Federal
Government shuts down. I appreciate that this is not just me speaking
out that something has to be done. The senior Senator from Arizona has
said over the last week or so how important it is for the defense of
this country to get rid of sequestration. If sequestration kicks in,
the funding for defense and nondefense will be exactly the same. The
only way that can be changed is if we pass a law in the Senate.
Frankly, I would think that is going to be hard to do.
We believe we want to do everything we can to help the defense of
this country, our fighting men and women, but we are also concerned
about nondefense programs which are in need of repair.
It would be untoward to think we are going to do sequestration at the
National Institutes of Health, as an example. Lifesaving, scientific
research is being done there every day. The last sequestration knocked
their pins out. I have talked to the head of the National Institutes of
Health, Dr. Francis Collins. For example, they were so close to coming
up with a universal flu vaccine. They had to drop it. They lost almost
$2 billion as a result of the first sequestration. I am sorry to say
another one that is staring them in the face will only be more hurtful
to that great institution.
Appropriations
Madam President, I was terribly disappointed yesterday to hear that
my friend the Speaker of the House intends to give up on doing his job.
He intends to abandon the appropriations process. He told a press
conference yesterday: ``It's pretty clear given the number of days
we're going to be here in September that we're going to have to do a
(continuing resolution) of some sort.''
By relying on a continuing resolution that underfunds critical
priorities for working men and women in America--especially our
families--Republicans are neglecting their responsibilities and giving
up on the middle class. Instead of working together with Democrats to
negotiate a long-term funding package, Republicans are calling it
quits.
A continuing resolution should be a last-ditch, eleventh-hour option,
not an excuse 3 months before the deadline approaches to just say we
give up.
I hope the Speaker of the House will change course and recommit his
party to working with us. Three months, surely my Republican friends
must realize, is more than enough time for us to do our jobs.
Madam President, finally, there are a lot of complaints people can
have about the legislation before the body, but I do want to commend
the Republican leader for having this amendment before us dealing with
the Ex-Im Bank. It is very important that this legislation move on, and
I hope the House will pass it as soon as they get it.
Right now, we have--let me just count them. I will not take the time
here, but there are about 45 different countries that have working
export-import banks that help their businesses and workers compete
globally. They are really hurting our exports because our exporters are
going to these other companies trying to get some help so they can
continue exporting. So I truly do appreciate this being part of this
legislation. It is an important piece of legislation. I am so glad the
majority leader put that in as something we are going to work on over
the next few days.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. CRUZ. Madam President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CRUZ. Madam President, today is a sad day for this institution.
The Senate operates based on trust. Whether we are Democrats or
Republicans, these 100 Senators have to be able to trust that when a
Senator says something, he or she will do it, even if we disagree on
substance--that we don't lie to each other.
What we just witnessed this morning is profoundly disappointing. I
want to describe the context of two preceding discussions.
A number of weeks ago, when this Senate was considering trade
promotion authority, a group of Senators gathered on this floor and
blocked TPA for many minutes because they were pressing for the Export-
Import Bank. They huddled on this floor and negotiated a deal in front
of C-SPAN and in front of the world. Then, when they had their deal,
TPA had the votes to pass.
Shortly thereafter, we had a Senate Republican lunch, where I stood
and asked the majority leader, very directly: What is the deal that was
just cut on TPA and was there a deal for the Export-Import Bank? It was
a direct question I asked the majority leader in front of all of the
Republican Senators. The majority leader was visibly angry with me that
I would ask such a question, and the majority leader looked at me and
said: There is no deal. There is no deal. There is no deal. Like Saint
Peter, he repeated it three times.
He said: The only thing I told the proponents of the Export-Import
Bank is, like any other Senator in this body, they could offer any
amendment they liked on any amendable vehicle, but I gave them nothing.
There is no deal. I gave them nothing. He was emphatic and he was
repeated.
Following that public discussion, Senator Mike Lee and I approached
the majority leader afterward, in which he emphasized: There is no
deal. I will do nothing. I oppose the Export-Import Bank. All I said is
they can offer an amendment like any Senator can to any bill.
I went back to my office and I sat down and I had a long discussion
with my staff. My staff told me that afternoon: He is lying to you.
That is what my staff said. We have been around the Senate a long time.
He is not telling you the truth.
What I told my staff that afternoon, I said: Well, I don't know if
that is the case or not, but I don't see how, when the majority leader
looks me in the eyes and makes an explicit promise--and by the way,
looks into the eyes of every other Republican Senator and says that to
every other Republican Senator--I don't see how I cannot take him at
his word when he makes an explicit promise.
As a result, I cast my vote in May in support of TPA because I
support free trade, and I felt I had no choice but to assume that when
the majority leader spoke to 54 Republican Senators and made an
explicit promise, he wasn't lying to us. Well, as TPA moved on and it
went to the House, it became abundantly clear there was a deal. There
was a deal in the House for the Export-Import Bank. So the second time
TPA came up, I voted no because of that corrupt deal.
Now, I will note to the public that the majority leader and the
Speaker of the House had repeatedly said: There was no corrupt deal.
There was no corrupt deal. We made no deal. We made no deal. That is
one element of the background context.
Let me tell you a second element of the background context. A number
of weeks ago, when we were debating the Corker-Cardin bill, the Iran
review act, there were a number of amendments that Senators had filed.
I filed an amendment that would actually put teeth in the Iran review
act by requiring affirmative congressional approval before sanctions on
Iran could be lifted. Other Senators filed very good amendments.
Senator Marco Rubio filed an amendment calling for Iran to recognize
Israel's right to exist as a Jewish State before sanctions could be
lifted. Our friends on the Democratic side of the aisle did not want to
vote on that amendment, and in response, the majority leader cut off
all amendments.
[[Page S5674]]
Now, I sat in the majority leader's office, and I urged the majority
leader: Invoke cloture on Senator Rubio's amendment. Invoke cloture on
Senator Rubio's amendment calling on Iran to recognize Israel's right
to exist and setting that as a precondition of any lifting of
sanctions. I argued vociferously with the majority leader that if the
Democrats were so opposed to voting on that amendment, that was all the
more reason, because it was important substantively. The majority
leader said no, he would not do so, that invoking cloture on an
amendment was an extraordinary step, and he would not do so. So he cut
off every amendment. He filled the tree.
It was striking a minute ago seeing the Democratic leader, Senator
Harry Reid, calling out the majority leader for filling the tree, for
engaging in the same procedural abuse that Harry Reid did over and over
and over again in this body. Now the Republican leader is behaving like
the senior Senator from Nevada.
What we just saw was not, Madam President, what the majority leader
told you and me and every other Republican Senator. What we just saw
was not that the proponents of the Export-Import Bank, like anyone
else, could stand up and offer whatever amendment they like on any
issue. What the majority leader did is, No. 1, he called up that
amendment. He called it up himself. Why does that matter? Because, as
the majority leader, he has priority of recognition. When he calls up
an amendment, no one can stop him. He didn't just call it up; he filled
the tree. Just like Harry Reid, he filled the tree, blocking everyone
else's amendment. And, by the way, I agree with Senator Reid when he
says the ObamaCare amendment is a cynical amendment. Of course it is.
It is empty showmanship.
We will have a vote on repealing ObamaCare. The Republicans will all
vote yes, and the Democrats will all vote no. It will be at a 60-vote
threshold. It will be an exercise in meaningless political theater.
Mind you, when we had a fight in October of 2013 to actually stop
ObamaCare and defund it, the majority leader, then the minority leader,
was opposed to doing something with real teeth in it to stop ObamaCare.
But an empty show vote--that is a good way of distracting from what is
going on.
You know, there is a profound disappointment among the American
people because we keep winning elections and then we keep getting
leaders who don't do anything they promise. The American people were
told: If only we have a Republican majority in the House, things will
be different. Well, in 2010, the American people showed up in enormous
numbers, and we got a Republican majority in the House, and very little
changed. Then the American people were told, you know, the problem is
the Senate. If only we get a Republican majority in the Senate and
retire Harry Reid as majority leader, then things will be different.
Well, in 2014, the American people rose up in enormous numbers and
voted to do exactly that. We have had a Republican majority in both
Houses of Congress now for about 6 months.
What has that majority done?
The first thing we did in December is we came back and passed a
trillion dollar CRomnibus plan filled with pork and corporate welfare.
That was the very first thing we did. Then this Republican majority
voted to fund ObamaCare, voted to fund President Obama's
unconstitutional Executive amnesty. Then leadership rammed through the
confirmation of Loretta Lynch as Attorney General. Which of those
decisions would be one iota different if Harry Reid were still majority
leader? Not a one. Not a one. This Senate operates exactly the same--
the same priorities. Let me tell you why. It is not that this majority
doesn't get things done. It does get things done. But it listens to one
and only one voice; that is the voice of the Washington cartel--the
lobbyists on K Street, the big money and big corporations.
If you go to the American people and ask if reauthorizing the Ex-Im
Bank is a priority for you, the standard response for most of them
would be this: The what? They don't even know what this is. Let me tell
you what it is. It is an egregious example of corporate welfare. It is
the American taxpayer being on the dime for hundreds of billions of
dollars in loan guarantees given out to a handful of giant
corporations. It is a classic example of cronyism and corporate
welfare. By the way, among others, do you know what person had the
clarity of thought on that? Then-Senator Barack Obama, who described it
as a classic example of corporate welfare. That was when he was in the
Senate. Now that he is in the White House, corporate welfare sounds
pretty good. Now, just about all of the Democrats are supporting the
corporate welfare with the exception of Bernie Sanders. I will give
credit to Senator Sanders for standing up against corporate welfare.
But as to every Democrat who rails against big money and the corruption
of Washington, as to every Democrat who styles himself or herself a
populist, their actions on this matter speak far louder than their
words. When it comes to Republicans, Republicans also are listening to
K Street and the lobbyists. Why? It is not complicated. The giant
corporations that are getting special favors from the taxpayers hire an
army of lobbyists who write campaign checks after campaign checks. And,
by the way, these checks go to both Democrats and Republicans. It is
career politicians in both parties who are kept in office by looting
the taxpayer to benefit wealthy powerful corporations.
The single largest recipient of loan guarantees from the Ex-Im Bank
is the Boeing corporation. The Boeing corporation just had an earnings
call where their CEO said--and I am paraphrasing: We'll be just fine
without the Ex-Im Bank. It is not impacting us. There are plenty of
private loan alternatives out there. But even though the market could
provide, it is a lot easier to have compliant lawmakers rob from the
public fist to enrich giant corporations.
Do you know who doesn't have lobbyists? A single mom waiting tables.
Do you know who doesn't have lobbyists? A teenage immigrant like my
father, washing dishes, making 50 cents an hour, struggling to achieve
the American dream. Do you know who doesn't have lobbyists? A factory
worker who just wants to work and provide for his or her children. They
don't have lobbyists, and so what happens? Career politicians in both
parties gang up with giant corporations to loot their taxes to make it
harder for people who are struggling to achieve the American dream.
Coal miners, Madam President, in your State don't have lobbyists who
are representing them here--the individual miners--while the majority
leader teams up with the Democratic leader to take from their paychecks
to fund giant corporations. It is wrong and it is corrupt.
It saddens me to say this. I sat in my office. I told my staff: The
majority leader looked me in the eye and looked 54 Republicans in the
eye. I cannot believe he would tell a flatout lie, and I voted based on
those assurances that he made to each and every one of us. What we just
saw today was an absolute demonstration that not only what he told
every Republican Senator but what he told the press over and over and
over again was a simple lie.
This institution should not operate at the beck and call of lobbyists
in Washington. This institution, the majority and minority leaders arm
in arm again, should not team up against the American taxpayers. It is
why our children are going bankrupt.
Now we are facing an enormous threat with this Iran deal. A nuclear
Iran poses the greatest national security threat to this country. Yet
the majority leader refused to do what he just did for the Export-
Import Bank on Iran. He refused to invoke cloture. That was an
extraordinary step. If he was telling us the truth when he said there
was no deal, why would he do what he just did? Well, we now know that
when the majority leader looks us in the eyes and makes an explicit
commitment, he is willing to say things that he knows are false. That
has consequences for how this body operates. If you or I cannot trust
what the majority leader tells us, that will have consequences on other
legislation as well, on how this institution operates.
There are a host of amendments that the American people have focused
on--issues such as defunding Planned Parenthood after the gruesome
video. The majority leader doesn't want to vote
[[Page S5675]]
on that. That is actually something the American people are focused on.
He brought up his ObamaCare amendment as a smokescreen, because it is
intended to fail. But you know, what he didn't bring up was my
amendment to end the congressional exemption from ObamaCare--the
corrupt deal that Harry Reid cut with President Obama to exempt Members
of Congress. We ought to live under the same rules as everybody else.
The majority leader doesn't want to vote on that because he doesn't
want to end the cronyism for Members of Congress any more than end the
cronyism for giant corporations that enrich themselves at the expense
of the American people.
There are a host of priorities for the voters who elected you and me.
Madam President, I would ask you to think about when you were running
for the Senate not too long ago. Do you recall any of your constituents
ever saying: We want the Export-Import Bank. No, they want other
things. They have other priorities, but those are not the priorities of
the Republican leadership.
Sadly, today we have government of the lobbyists, by the lobbyists,
and for the lobbyists. That is not how the Senate is supposed to
operate. A far more important amendment than bringing back this
corporate welfare and cronyism is my amendment that provides that
sanctions on Iran cannot be lifted unless and until Iran does two
things: No. 1, it recognizes Israel's right to exist as a Jewish State,
and No. 2, it releases the four American hostages languishing in
Iranian prisons. That is a far more important issue than enriching some
more lobbyists on K Street and getting a few more campaign
contributions. That is what we should be voting on.
Accordingly, Madam President, I call up my amendment No. 2301 to the
McConnell amendment No. 2266, as modified.
The PRESIDING OFFICER. The amendment is not in order to be offered,
as it is inconsistent with the Senate's precedents with respect to the
offering of amendments, their number, degree, and kind.
Appeal of the Ruling of the Chair.
Mr. CRUZ. Madam President, I appeal the ruling of the Chair that the
amendment is not in order.
The PRESIDING OFFICER. The appeal is debatable.
Mr. CRUZ. Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mrs. BOXER. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mrs. BOXER. Madam President, I want to start by thanking the
Presiding Officer for her work on the Environment and Public Works
Committee. We did what some people think is the impossible: We passed a
bill without one dissenting vote to move forward with a 6-year
reauthorization of our highway and transit programs.
People say: How did the committee do it? You are so split on other
issues.
It is because we recognize--all of us, whether we are liberal,
progressive, moderate, conservative, very conservative--that it is
essential for our great Nation to have an infrastructure that works.
Last week, a bridge collapsed in California. It was a miracle no one
was killed. That bridge carries people from California to Arizona. That
means commerce goes over that bridge. That means passenger cars go over
it.
This is what happened. This is what it is about. It is not about what
committees got in a room. It is not about Senator Cruz's ideological
issues. It is not about any lobbyist. It is about the hard, cold fact
that more than 60,000 of our bridges are structurally deficient. It is
very hard to go to bed at night knowing we have not done anything about
this except just do these short-term extensions of the highway trust
fund where States are simply not undertaking the kinds of projects they
need to undertake, which are inspecting those bridges and moving
forward with repairing and strengthening them.
The reason I have this here--to me, it is the poster child of why, on
a bipartisan basis, we need to continue to move forward. Forget about
the naysayers on the Democratic side. Forget about the naysayers on the
Republican side. Let's have those of us who see this as the issue, not
the process, you know, not the sequester which we have to solve--it is
not part of this.
We have two bad problems facing us: the highway trust fund that funds
the transit and highway system and sequester is another problem. If we
can solve this problem now, let's solve this problem now.
We have a coming together, a very odd coalition here of Republicans
and Democrats, despite the fact, I venture to say, that not one person
loves this bill. There are always going to be things in a bill you
don't like. We stripped some of the pay-fors that were hurting our
cities. Thanks to Senators Portman, Stabenow, and Peters, that was
done. That is good. We have a bill that is fully paid for, for 3
years--the first time in 10 years.
We can always find problems. We can always say: Why are we doing this
and not doing that? Well, the reason we are doing this is--if my
numbers are right--we are single digits away from the highway trust
fund going bust. It goes bust on July 31. Imagine. And we are fighting
about this? We ought to be moving this faster. Oh, no, we have a
filibuster; we have to be in this weekend. But it is worth it. I asked
my staff to figure it out. Over the 3-year period, it is 2 million
jobs--2 million jobs. That is a quarter of the jobs that were lost in
the great recession. The fact is, those families are suffering still--
over 500,000 construction workers out of work.
I want to say this. When people say ``Well, the lobbyists are winning
here,'' who are the people who are pushing us for a bill?
I would ask the American people--make your decision. The U.S. Chamber
of Commerce, the International Union of Operating Engineers, the
Laborers' International Union of North America, the AAA, the U.S.
Conference of Mayors, the United Brotherhood of Carpenters, the
American Association of State Highway and Transportation Officials,
Mothers Against Drunk Driving, American Council of Engineering
Companies--I would just say to folks that this is a rare coming
together of America. The Presiding Officer has been around here for a
while. It is hard to find the U.S. Chamber on the same page as the
Laborers' International and on the same page as Mothers Against Drunk
Driving and the Conference of Mayors and engineering companies.
Let's continue looking at this list: the American Highway Users
Alliance, the American Public Transportation Association, the American
Road & Transportation Builders Association, the Society of Civil
Engineers, the American truckers, the Associated Equipment
Distributors, the general contractors, the equipment manufacturers, the
Association of Metropolitan Planning Organizations, the National
Asphalt Pavement Association.
Labor has come together with business. Cities have come together with
States. The users of the roads, the AAA--remember how we call them when
our car breaks down, sometimes because it falls into a pothole and gets
all messed up? The AAA wants this done.
I am saying that this is an opportunity. There are naysayers on
everything. It is rare that we can come together and get anything done.
This is one of those moments.
I want to share the fact that, on average, Federal funds provide 52
percent of every State's outlays for highways and bridges--52 percent,
the average. There are some States that rely on the Federal Government
more. I will tell you which States they are: Montana, 87 percent
reliance on the Federal Government; Idaho, 68 percent reliance; Oregon,
54 percent reliance; Colorado, 64 percent--in other words, these States
are counting on us--New Mexico, 70 percent; Minnesota, 64 percent;
Missouri, 65 percent; Oklahoma, 63 percent; Mississippi, 65 percent;
Alabama, 68 percent; Georgia, 62 percent; South Carolina, 79 percent;
New Hampshire 57 percent; Vermont, 86 percent--I am sorry, New
Hampshire is 68 percent--Maine, 57 percent; Rhode Island counts on it
for everything, almost 100 percent; Connecticut, 71 percent; DC, 52
percent; Alaska, 93 percent; Hawaii, 79 percent; West Virginia--I
thought my friend would be interested--61 percent reliance.
So what I am trying to say is that if we do not succeed on this and
we give it a patch again, our States will shut
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down. Seven States have already shut down their programs. They cannot
sign contracts to fix any bridge. If seven States have already shut
down and we do another extension, we are talking about hundreds of
thousands of jobs bleeding--bleeding. We will spin back into a bad
situation.
I see the Senator from Montana is here. I was just going through the
list and showing that our States do rely on this highway program, and
Montana relies on it for 87 percent of their spending. The average in
the country is 52 percent, but a lot of our Western States that have so
many miles rely on us more. My own State is 49 percent, but I have to
say, we have 40 million people, and if we are not getting 49 percent of
what we are used to getting, we are shutting down a lot of programs.
I say all the time, if you want to get a house and you go to the bank
and it says: Oh, you are cleared. You get a mortgage for 5 months.
Well, you are not going to buy the house. You are not going to buy the
house. You are going to say: Well, thank you for nothing. And that is
the place we are.
I know my colleague would like to have the floor, and I don't need to
say anything else except we have been working so hard across the aisle,
Senator Durbin and I, with Senator McConnell and Senator Inhofe. It has
been a collaboration and it has been difficult. We come to the table
with different ideologies and different ideas. We have hammered it out,
and we have hammered it out because none of us, whether we are a
Republican or Democrat, moderate or conservative or liberal, wants to
see this happen again anywhere, but it is going to happen again.
I can't tell you how shocked I was. Imagine, anyone going to Arizona
now has to go 400 miles out of their way. What does that do to
commerce? What does that do to the truck drivers trying to deliver
goods? What does it do to our tourist industry? How many people go back
and forth? They are going to make a fix to this, but it is going to be
a little tough because they are going to take one span and shut it down
while they fix it and the other will be a one-way this way and that
way. So it could be more dangerous.
I just say thank you to my Republican friends, to my Democratic
friends. We have two amendments, one is the Ex-IM Bank. We will vote on
it on Sunday. Hopefully, that will pass and be attached to this bill.
It is an important jobs bill.
The other one is a Republican amendment to repeal ObamaCare. I will
not go into it today, but I have to say the House has voted 55 times on
this issue. The Supreme Court said it is fine. We are reaching 20
million Americans who now have health care. Why, as my friend the
Democratic leader asked, don't we just get together and make ObamaCare
better?
I have met so many people who are thrilled to have insurance, but
there are ways we can make it better. But to talk about repealing
something that is already in law, and it will be there--we can make it
better. Let's not keep this repealing ObamaCare idea out there because
it would hurt too many people and would create chaos.
I hope we will vote against that and vote for Ex-Im. But much more
important is that we are going to see Senator Cruz and others who want
to disrupt this, who will offer a lot of irrelevant amendments--
amendments on Iran, amendments on a woman's right to choose. That is
what is going to happen. The Chair is going to rule in accordance with
precedent, and we are going to have to support the ruling of the Chair.
It is going to be a tough and messy process.
Someone said to me: Now that you are in the middle of this, is it
true that passing a law is like making sausage? I said: Well, that
would be an insult to sausage. That is how tough it is. It is tough.
Last night, at 11:30, 20 minutes to 12, I thought the deal was off. It
has been tough, but we managed to come together.
We don't want this to happen. We want to give certainty to the
States, and I hope we will stick together, as strange as the coalition
is--because it is an odd one of Republicans and Democrats, though it is
the way the Senate used to work--and get this done.
Again, I thank all Members, even the ones who have opposed me
strongly and opposed Senator McConnell strongly. Thank you for being
here, and I hope you will be here Sunday because we have a couple of
very important votes.
I thank the Chair, and I yield the floor.
The PRESIDING OFFICER. The Senator from Montana.
Mr. DAINES. Madam President, some in my home State of Montana like to
say we have two seasons: winter and construction season.
In fact, I grew up in the construction business. You learn in Montana
there is a famous line when you are paving and putting in
infrastructure. It is called 40 degrees and rising. In other words, if
the temperature is not at least 40 degrees and rising, you are not
supposed to pave. What that means is that we don't have a real long
construction season in Montana to build our highways.
I also know how important it is to have certainty before you can
break ground, before you can plan a project. With long winters and
short summers, Montana construction workers know what it is like to
wait for 40 degrees and rising before putting down the asphalt.
Unfortunately, they have also learned to wait a long time for a long-
term highway bill that provides the certainty needed to make the long-
term investments in infrastructure.
Congress has passed 33--let me say that again, 33--short-term
extensions in an attempt to keep the highway trust fund solvent. Those
are 33 too many short-term extensions. As somebody who has spent 28
years in the private sector, I think it is ridiculous as I watch the
way the Federal Government operates to try to manage in this spurt-
driven, short-term-driven environment of Washington, DC--and I would
argue crisis-driven environment.
This uncertainty, coupled with rigid programs that make planning and
executing projects very difficult, is prohibitive to progress and
strengthening the infrastructure in our country. These short-term
extensions, these short construction seasons for those who live in the
Northern part of our country, along with these rigid regulations, leave
States such as Montana with their hands tied and hard-working Montana
construction workers with their pockets empty.
Montana's short construction season is already well underway, and it
is critical that Congress approves a multiyear solution that provides
Montana and the rest of our country with the certainty needed to make
long-term infrastructure investments.
Montana's extensive transportation is a pillar of our economy. It
allows visitors, our tourists, to come to our State and enjoy our
national parks. It allows our residents, including our farmers and our
ranchers, the ability to traverse the State and to get their goods to
market. In any final transportation bill, it is critical to maintain
Montana's share of Federal highway, transit, and safety programs.
Congress needs to maintain support for the rural as well as the
metropolitan areas. In fact, vehicle miles traveled increased in
Montana by 43 percent from 1990 to 2012--to nearly 12 billion vehicle
miles traveled. This is estimated to increase another 30 percent by
2030.
Because Montana is a bridge State, we play a vital role in national
connectivity. For example, Interstate 90 connects the east coast to the
west coast. It runs from Boston to Seattle. I-15 connects our northern-
to-southern borders. Now, I-90 is 3,000 miles long. Nearly 600 miles
pass through the State of Montana. In fact, you add up the number of
miles of interstate highway we have in Montana alone, it is over 1,000
miles. How far is 1,000 miles? To put that in DC terms, it is like
going from Washington, DC, to Kansas City. In fact, the I-15 stretch
that runs north-south in Montana is the second longest section of I-15.
It is only 4 miles shorter than the entire north-south direction of the
State of Utah.
In fact, studies by the research group TRIP have shown the two
largest transportation challenges facing Montana are I-90 and I-15.
There is inadequate capacity, there is deterioration of the pavement,
and we need bridges replaced because these inadequacies will have a
national impact. TRIP estimates $7.4 billion is needed to address
Montana's top 20 list of challenges. However, there is only $1.2
billion currently available. That leaves a nearly $6 billion backlog.
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What we need is to support a long-term highway bill. It creates
construction jobs--union jobs. That is what is sitting on the table
right now and what we will be debating this week in the Senate. These
new jobs, created by increased access and infrastructure capacity, are
being left unrealized.
Specifically, in these times of constrained funding, it is critical
to allow our States to have the flexibility to direct funds to their
top needs and their most effective projects. The bill we are now
debating will create a multiyear highway authorization and provide time
to plan important long-term projects around the country and provide 3
years of guaranteed funding for the highway trust fund.
I am an engineer by degree. In fact, I am the only chemical engineer
who serves in Congress. When you are in engineering, you take a look at
a problem and you find a solution. When you are an engineer, you lay
out project plans. We need to put certainty in place so we can plan to
improve the infrastructure of this country--to rebuild our highways,
rebuild our bridges that are so much in need of repair at the moment.
If we pass a multiyear highway bill, it will reverse Congress's trend
of short-term, temporary bandaid fixes to fund the Nation's
transportation network. Across the country and in Montana these patches
have left States and localities without the certainty they need to plan
and build long-term infrastructure projects.
In the Senate committee on commerce, I have been working to ensure we
have some of these needed reforms, and I want to thank Senator John
Thune for his efforts in leading the committee. I look forward to a
robust amendment process and debate on this much needed legislation.
The bottom line: I am looking forward to passing a long-term,
multiyear highway bill that provides certainty, that improves the
infrastructure of our country and most importantly creates jobs.
Madam President, I yield the floor.
The PRESIDING OFFICER. The Senator from Michigan.
Mr. PETERS. Madam President, I rise to express my deep appreciation
to my colleagues Senators Stabenow and Brown and to the majority leader
for the bipartisan work that was done to remove a harmful and
economically costly financing provision from the bill that is currently
before this body. I had significant concerns with a provision in the
pending highway bill which could have impaired the economic recovery in
my home State of Michigan and in States across our country.
I am a strong supporter of programming to invest in our Nation's
infrastructure, and much of the substance of this bill is absolutely
essential. I applaud the work that has been done on a bipartisan basis
to achieve a compromise, something that happens too little in
Washington. While I believe Congress must make smart investments in our
Nation's roads, bridges, and infrastructure, I also believe we must do
so in a responsible way that does not hamper the economic recovery
occurring in our States.
There are numerous financing policy alternatives available to
lawmakers to fund infrastructure investments, but the drafters of this
legislation originally chose to pay for infrastructure investments, in
part, by asking some of the hardest hit communities in our Nation and
in my State to bear the burden in order to help pay for the
infrastructure investments contained in this bill. I am talking about a
provision in the original bill and in the substitute which would have
eliminated an important economic recovery program called the Hardest
Hit Fund.
The Hardest Hit Fund has successfully supported efforts by local
lenders to promote economic revitalization and renewal after the
deepest and most painful housing and financial crisis in modern
history. The Hardest Hit Fund helps States and municipalities invest in
their citizens and in their communities. According to the most recent
data reported by the State of Michigan, the Hardest Hit Fund has
assisted more than 25,000 of my constituents in preserving their piece
of the American Dream--their family home.
Not only are these funds being used to keep eligible families in
their homes, but these dollars have also been put to work improving
neighborhoods that have been devastated by urban blight resulting from
America's most recent economic challenge.
In Michigan, we know the impact abandoned properties can have on
economic renewal. Blight is not just ugly, creating eyesores and
dragging down surrounding property values, empty homes and buildings
also serve as way stations for criminals and drug dealers and further
discourages outside investors and homeowners from taking a chance on a
neighborhood that has been affected by blight.
That is why local leaders have been working with the nonprofit and
private sectors to identify and eradicate blight in our communities.
Several thousand blighted properties have been demolished or removed
thanks to Michigan's partnership with the Hardest Hit Fund, and
thousands more are in the pipeline to be addressed in the near term.
Thanks to the work done to address blight, homeowners are investing
again in neighborhoods. Urban farming and greening and beautification
efforts are well underway with businesses, nonprofits, and local
schoolchildren transforming their communities one block at a time. Some
of the impacted cities have already made investments in this area in
anticipation of reimbursement from the Hardest Hit Fund. It would have
been an unfair and inappropriate breach of our agreement to pull the
rug out from under these cities at this stage in the game. That is why
I worked with Senators Debbie Stabenow and Sherrod Brown to offer an
amendment to strike this provision in the highway bill that would have
rescinded the remaining Hardest Hit Fund money from communities that
most desperately need it.
Congress must come together and pass a multiyear transportation bill
that makes smart investments to upgrade our country's crumbling
infrastructure, but it would have been unacceptable to fund this plan
at the expense of the communities in Michigan and other States that
rely on the Hardest Hit Fund to eliminate blight and improve their
local neighborhoods. This proposal not only risked future blight-
removal funds, it could have left cities across Michigan on the hook
for millions of dollars already outlaid for blight-removal projects.
As legislators, it is important that we first do no harm when making
policy. In considering this highway bill, it is important for us not to
harm the very communities we are aiming to help by advancing
infrastructure policies.
It was important for us to act to avoid impairing the economic
renewal that is underway in places such as Detroit, Flint, Grand
Rapids, Saginaw, Pontiac, and other communities across my great State.
Elimination of Hardest Hit funding would have been harmful to entire
communities that are relying on public-private partnerships to
transform their communities.
For these reasons, I was prepared to oppose the legislation we are
considering today because I believed these changes would do damage to
the economic recovery in my State. I could not in good conscience
support this legislation under those conditions. But thanks to the
unwavering dedication of my colleague, the senior Senator from
Michigan, Ms. Stabenow, and the cooperation of the majority leader, we
were able to find a way forward that avoids disruption to this
important program and avoids devastating economic outcomes in cities
across my State.
This is what the legislative process should be all about here in the
Senate. We were able to come from a point of major disagreement, and
through intense and respectful discussion, we were able to agree on a
workable solution. This process has demonstrated that colleagues on
both sides of the aisle can work together to prioritize the needs of
their constituents while also advancing the economic interests of our
country.
I look forward to further consideration of this important
legislation.
SBA's 7(a) Loan Program
Madam President, I wish to take a moment to express my gratitude to
my colleagues in the Senate for prioritizing the needs of our Nation's
small businesses.
Last night the Senate passed a critical and timely reform of the
Small Business Administration's flagship lending program, the 7(a) Loan
Guaranty Program.
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Because of a growing economy and increased demand for small business
loans, the SBA's 7(a) lending authority for this fiscal year may have
been jeopardized absent the actions we took last night. This bill
increased the 7(a) loan program authority from $18.75 billion to $23.5
billion. It also tightened the standards on lenders' determinations of
borrower eligibility in order to target the SBA guaranty to promote
loans to those who truly need it, and it included robust SBA reporting
requirements that will keep Congress updated on the pace of lending
going forward.
I am glad we were able to act in a bipartisan fashion to address this
issue to continue to put the wind at the back of our country's
entrepreneurs. We must make sure small businesses continue to receive
the resources they need to survive, to compete, and to succeed.
I thank Senators Vitter, Shaheen, and Risch for their leadership on
this matter. I have been working with them since the spring to increase
the lending authority, and I am proud to say we accomplished that for
the rest of this fiscal year.
Small businesses need to access the capital they need in order to
continue growing and creating jobs. The 7(a) program is a true success
story that provides small businesses and startups with a versatile
financing tool that can be used to support a wide range of business
development activities.
It is also a promising sign for our economy that demand for the 7(a)
loan program is increasing at a faster rate than anticipated just last
December when the previous authorization level was set.
In last week's semiannual ``Monetary Policy Report'' to Congress, the
Federal Reserve indicated that financing conditions for America's small
businesses were continuing to improve.
In recent months, SBA's 7(a) program has experienced unprecedented
demand, approving over 45,000 loans this year totalling more than $16.5
billion--a 25-percent increase over this same period last year.
According to a Pepperdine University and Dun & Bradstreet study
published this summer, America's small businesses are seeing rises in
revenue, with 48 percent of surveyed small firms reporting revenue
increases--4 percent growth from 3 years ago. Demand for small business
loans increased by 9 percent over the first quarter's study.
These are positive signs. We have more work to do, but they are very
positive. If these trends continue, we will need to ensure that next
year's lending authorization level reflects the still-recovering
economy and the growth of small business loan demand so that we will
not be up against the cap again next year.
The reporting improvements in the bill passed last night will also
help Congress perform better oversight and monitor the developments in
the 7(a) lending program in a more timely manner.
The 7(a) program is a critical tool in the small business policy
toolkit because it helps our economy at no cost to the taxpayer. Let me
repeat. This is a no-subsidy program, so this increased authorization
comes at no cost to taxpayers.
Small businesses are the backbone of our economy, and helping them
grow and compete should be a bipartisan priority. As a member of the
Senate Small Business and Entrepreneurship Committee, I look forward to
working with my colleagues on both sides of the aisle to explore other
small business policy changes in the months and years ahead. Our
Nation's small businesses create jobs and help support our local tax
bases, which in turn feed education, public safety, and health care
priorities.
It is not a stretch to say that if small businesses succeed, all of
our communities succeed. That is why I was proud to work with Senator
Risch as the lead cosponsor on the Small Business Lending
Reauthorization Act of 2015 earlier this year, and I was proud to work
with the chairman and ranking member of the Committee on Small Business
and Entrepreneurship to pass this legislation to deliver needed results
last night.
Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. GARDNER. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Nuclear Agreement With Iran
Mr. GARDNER. Madam President, I rise today to join many of my
colleagues in the Senate to express grave concerns with the currently
proposed Iran deal from the administration. This deal is fundamentally
at odds with the goals that these negotiations set out to achieve in
the first place, which were to prevent a nuclear Iran. In fact, this
deal does the opposite. It provides a patient pathway to the nation of
Iran.
With this deal, the administration has granted international blessing
to a full-scale Iranian nuclear program in 15 years. With this deal, we
let Iran keep its most prized nuclear assets, such as advanced
centrifuges and to convert but not dismantle its nuclear reactors at
Arak and Fordow. With this deal, the anytime, anyplace access to all of
Iran's nuclear facilities became managed access. With this deal,
inspectors need 24-day permission from Tehran to access their military
facilities such as Parchin, which we know were used for nuclear
weaponization work in the past.
With this deal, our economic leverage in Iran through the sanctions
regime that was painstakingly built over a number of years will be
completely squandered. With this deal, Iran will rebuild its economy
and add economic resilience against future sanctions through $100 to
$150 billion in economic relief and lifting the sanctions.
With this deal, the arms embargo on Iran will be lifted in a mere 5
years, allowing the regime to double down on its terrorism activities,
including its support for Hezbollah, Hamas, and the murderous Assad
regime in Syria.
With this deal, the ballistic missile embargo will be ended in 8
years. The ballistic missile embargo against Iran will be lifted in 8
years, directly endangering Israel and further down the line, the U.S.
homeland. As with many aspects of this agreement, hard-nosed
verification gives way to Iran's wishes.
According to the new U.N. Security Council resolution, Iran is
``called upon not to undertake any activity related to ballistic
missiles designed to be capable of delivering nuclear weapons.'' That
is the U.N. Security Council resolution.
What if Iran ignores the call of the international community, as it
has done through decades of deception and violations of U.N. Security
Council resolutions?
There is no other way to describe this deal other than as a massive
win for the Iranian regime at the expense of the national security of
the United States and our closest allies.
The leaders of the nation of Israel, the nation which Iran has
threatened to ``wipe off the face of the earth'' have agreed. Has the
President listened to our military and the intelligence community
before concluding this terrible deal? The 2014 Quadrennial Defense
Review said:
Even as Iran pledges not to pursue nuclear weapons, Iran's
other destabilizing activities will continue to pose a threat
to the Middle East, especially to the security of our allies
and partners in the region and around the world.
The Chairman of the Joint Chiefs of Staff, General Martin Dempsey,
testified that ``under no circumstances should we relieve pressure on
Iran relative to ballistic missile capabilities and arms trafficking.''
Defense Secretary Ash Carter said: ``We want [Iran] to continue to be
isolated as a military and limited in terms of the kinds of equipment
and material they are able to procure.''
Yet we have the conventional arms embargo lifted in 5 years and the
ballistic missile embargo in 8 years under this deal. The deal achieves
none of those goals, but instead lets Iran off the hook to pursue arms
exports and ballistic missile activities in only a few short years.
Yesterday I had the opportunity to engage Secretary Kerry, Secretary
Moniz, and Secretary Lew at the Senate Foreign Relations Committee. I
was left confounded and stunned by their responses.
I questioned Secretary Lew about several of the top nuclear figures
who will be given sanctions relief under this deal. These are
individuals who are given sanctions relief under this deal:
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Mohsen Fakhrizadeh-Mahabadi, known as the father of the Iranian nuclear
program; Mr. Abbasi, whom the United Nations blacklisted in 2009 for
being a close aide to Mr. Fakhrizadeh and working on nuclear programs
in Iran and their very own ballistic missile program; and Gerhard
Wisser, a German engineer who in 2007 was convicted and sentenced to 18
years in prison by a South African court for his role in supplying
centrifuge components to the A.Q. Khan black market network of nuclear
proliferation. They received sanctions relief under this deal.
When I asked Secretary Lew what message these delistings will send to
proliferators around the world, his response was:
I think that the message is if you violate the rules and
develop nuclear weapons and we and the world take action
against you--it will have significant consequence. But if you
reach an agreement and you unwind your nuclear program that
also will have consequence.
The moral of the story, according to testimony before the Senate
Foreign Relations Committee, is if you cheat long enough on a large
enough scale, the United States will negotiate to give you complete
amnesty from the consequences. It is a simply stunning outcome.
When I asked Secretary Kerry whether lifting the ballistic missile
embargo will make Israel safer, his response was this: ``absolutely no
question whatsoever that Israel is safer.''
On the question of whether to lift the ballistic missile embargo
against Iran, the Secretary of State believes that it will put Israel
in a safer position to give the Iranians ballistic missiles by lifting
the embargo.
In fact, the Prime Minister has said in response to lifting a variety
of sanctions, not including the ballistic missile embargo: ``I think to
give Iran these capabilities is a grave mistake.''
Yet Secretary Kerry believes that by lifting the embargo--the
ballistic missile embargo against Iran--there is absolutely no question
whatsoever that it makes Israel safer.
My guess is Prime Minister Netanyahu would certainly disagree with
that statement. As he has already said, it would be a grave mistake.
It is not just Prime Minister Netanyahu who believes it would be a
grave mistake. It is the leaders on both the left and the right in
Israel, who believe that lifting these provisions is a grave mistake.
To Secretary Moniz, I quoted a top former IAEA official--an agency that
was brought up before throughout the committee hearing, an agency that
has done this time and again and that we rely on, respect, and trust to
carry out the elements of this deal. Former IAEA official Olli Heinonen
said of this inspection regime: ``A 24-day adjudicated timeline reduces
detection probabilities exactly where the system is weakest: detecting
undeclared facilities and materials.''
This deal gives 24-day notice, not anytime, anywhere inspections--24-
day notice. It is not anytime, anywhere, 24-day notice, which will
allow them to hide and to be able to present facilities and materials
in an undetected and undeclared manner.
Secretary Moniz responded to this question: ``We have to know where
to look, and that's the traditional role of intelligence--ours and
those of our allies and friends.''
If we are relying on intelligence to know where to look, what access
did we actually gain from the deal with Iran?
Finally, I asked the Secretaries how many imprisoned Americans will
be freed as part of the deal. We all know the answer is none. Yet the
father of Iran's nuclear program will receive sanctions relief.
Deal or no deal, four Americans, including Pastor Abedini will
continue to languish in Iranian jails. Deal or no deal, we will know
nothing more about the whereabouts of Bob Levinson. Deal or no deal,
this administration continues to leave American citizens as prisoners
to Iran. These American citizens being held captive are but one more
reminder of the regime we are dealing with and why they are not an
equal and should not be treated as an equal negotiating partner. Let us
never forget the nature of the regime that was on the other side of the
bargaining table. On October 23, 1983, a terrorist attack on the U.S.
Marine barracks in Beirut, Lebanon, killed 241 American service men and
women. Hezbollah, the wholly owned subsidiary of Iran, is widely
believed to have been behind the attack.
Last week, Gen. Joseph Dunford, the President's nominee to lead the
Joint Chiefs of Staff was asked about Americans killed in Iraq and
Afghanistan by Iranian-supported militants. General Dunford said: ``I
know the total number of soldiers, sailors, airmen and Marines that
were killed by Iranian activities and the number has been recently
quoted as about 500.''
So can a regime that has killed at least 700 American soldiers be
relied upon to implement this deal in good faith and in a constructive
atmosphere based on mutual respect as stated in the text of the
agreement? Does the Iranian regime deserve mutual respect from the
United States? It does not and it should not. President Obama insists
that the only alternative to this deal is war with Iran. That is a
false choice and should be rejected.
The alternative to this deal is what the administration said it would
achieve; that is, a good deal based on continued economic pressure and
a genuine dismantling of Iranian nuclear programs verified by what was
said would happen all along, anytime, anywhere inspections, as promised
by the administration.
The President has gone to the United Nations to approve this deal
without giving Congress or the American people a chance to consider the
consequences of this agreement. I urge my colleagues to reject this
Iranian nuclear gambit that endangers U.S. national security, the
safety of our friends and allies around the world, and empowers the
largest State sponsor of terrorism in the world.
I yield the floor.
The PRESIDING OFFICER. The Senator from Utah.
Religious Freedom
Mr. HATCH. Madam President, in January 1941, President Franklin
Roosevelt delivered his State of the Union Address as World War II was
underway in Europe. Even in that dark time, President Roosevelt
reminded us all of what he called ``the simple, basic things that must
never be lost sight of in the turmoil and unbelievable complexity of
our modern world.'' Religious freedom was one of the four essential
freedoms President Roosevelt outlined in that speech.
President Roosevelt's counsel applies today as the pace and degree of
social and cultural change increase. Last month, for example, the
Supreme Court held that laws defining marriage as it had been defined
at all times and in all societies are now unconstitutional. A bill has
just been introduced in this body that would prohibit discrimination on
the basis of sexual orientation or gender identity in areas such as
employment, public accommodations, housing, and education. Some are
even calling for punitive measures, such as revocation of tax-exempt
status, for religious institutions that do not accept such social and
cultural changes.
Debates about these issues continue in all three branches of
government, and I might say, branches of both Federal and State
governments among commentators and experts across the media and
institutions, both religious and secular, and among our fellow
citizens. President Roosevelt's words ``turmoil and unbelievable
complexity'' seem to describe the situation today.
Yet these debates are not occurring on a blank slate. Some advocates
of the social and cultural changes now underway ignore or perhaps never
understood the history, importance, and value of religious freedom.
They seem to treat religious freedom as optional and are willing to
cast it aside as a casualty of achieving certain political objectives.
That would be a grave error.
I wish to describe to my colleagues the backdrop for considering or
implementing these recent social and cultural changes. The religious
freedom Americans enjoy has been nearly 400 years in the making. Almost
two centuries before American independence, one religious community
after another came to these shores seeking freedom to practice their
faith. Professor Michael McConnell, perhaps America's foremost scholar
of religious liberty, writes that by the time the First Amendment was
ratified, ``the American states had already experienced 150
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years of a higher degree of religious diversity than had existed
anywhere else in the world.''
The first individual right in the Bill of Rights is the free exercise
of religion. The choice of words is significant. The First Amendment
does not protect only some exercises of religion or religious exercise
only by some people but the free exercise of religion itself. This
term, the free exercise of religion, had appeared in American legal
documents at least as early as 1648 and was a deliberate choice by
those drafting the new Constitution.
In 1776, the Virginia legislature considered a constitution for the
Commonwealth. George Mason proposed this language, ``that all men
should enjoy the fullest toleration in the exercise of religion.''
James Madison thought this implied that the right to practice religion
was a governmental favor rather than an inalienable right. He proposed
this language instead, ``All men are equally entitled to the full and
free exercise of [religion], according to the dictates of conscience.''
America's Founders saw religious freedom as an inalienable right that
government must respect rather than something the government can decide
whether to tolerate. In fact, as Supreme Court Justice Arthur Goldberg
has written, America's Founders saw religious freedom as preeminent
among fundamental rights.
Religious freedom in America has two general features. It is
universal in that it is a natural right shared by all people and a
constitutional and civil right protected by law. Religious freedom in
America is also robust in that it has three dimensions--it is freedom
not only of belief but also of behavior, it is freedom that may be
exercised publicly as well as privately, and it is freedom to act both
individually and collectively. These two basic features of religious
liberty, that is both universal and robust, can be seen not only in
American history and heritage but also in the commitments that we, as a
nation, continue to make.
I will give three examples. In 1948, the United States joined 47
other nations in approving the Universal Declaration of Human Rights.
Article 18 of that declaration states that every person has a
fundamental right to religious freedom, including ``freedom, either
alone or in community with others and in public or private, to manifest
his religion or belief in teaching, practice, worship and observance.''
There you see both the universal and robust nature of religious
freedom.
The United States reaffirmed this view of religious freedom by
ratifying the International Covenant on Civil and Political Rights.
Article 18 repeats the principle that everyone has the freedom ``either
individually or in community with others and in public or private, to
manifest his religion or belief in worship, observance, practice and
teaching.''
In 1998, Congress enacted the International Religious Freedom Act,
which passed by a voice vote in the House and by a vote of 98 to 0 in
this body. This law States that religious freedom ``ungirds the very
origin and existence of the United States.'' Congress has declared
religious liberty to be a fundamental right, a pillar of our Nation, a
universal human right, and a fundamental freedom. So 32 Senators
serving today--18 Republicans and 14 Democrats--voted for that position
either here or when they served in the House.
In addition to Congress, Presidents have issued an annual
proclamation designating January 16 as Religious Freedom Day. On that
day in 1786, the Virginia legislature adopted the Statute for Religious
Freedom. In his proclamation--and I will refer to the chart--President
Clinton proclaimed in his proclamation on religious freedom to be a
fundamental human right, essential to our dignity as human beings, one
of the most sacred of human rights, one of the core values of our
democracy.
President George W. Bush said in his proclamation on his Religious
Freedom Day that religious freedom is the foundation of a healthy and
hopeful society, the birthright of every man, woman, and child
throughout the world, one of our Nation's most cherished values, one of
our fundamental freedoms, and a cornerstone of our Republic.
President Obama has said in his proclamations that religious freedom
is one of our country's fundamental liberties, the right of every
person to practice their faith, how they choose, a critical foundation
of our Nation's liberty, a universal human right, an essential part of
human dignity, a natural right of all humanity.
The Supreme Court has held many times that religious freedom is a
fundamental right, and as it did in 1981, has held that the First
Amendment ``by its terms, gives special protection to the exercise of
religion.''
There is no getting around the fact that universal and robust
religious freedom is the foundation of this Nation and an integral part
of our national identity and character. It is a preeminent right
recognized by all three branches as fundamental. That is an important
word. This is our heritage, and it is the backdrop for our debates
occurring today over social and cultural changes.
Some advocates of these changes are spinning a fictional tale about
religious freedom in America. They may feel this narrative serves their
political agenda, but that does not make their narrative true.
As I described earlier, religious freedom in America is both
universal and robust. It includes both belief and behavior in public
and in private, individually and collectively. The advocates I have
described want instead to make religious freedom selective rather than
universal and reduce it to nothing more than an individual private
belief.
One of my Senate colleagues, for example, said in an interview
shortly after the Supreme Court's decision that the First Amendment
protects the freedom of ``institutions of faith . . . to observe deeply
held religious beliefs. But I don't think it extends far beyond that.''
This is more than rhetorical spin in the service of a political
agenda; this is simply wrong. From its very origin, the concept of
religious freedom in America has always been an individual right. From
the earliest laws of the 17th century, to the founding of America in
the 18th century, to the laws, treaties, and proclamations of the 19th,
20th, and 21st centuries, religious freedom is first and foremost an
individual right.
The Supreme Court's very first case involving the free exercise of
religion in 1878 involved an individual. Adell Sherbert in the 1960s
and Paula Hobbie in the 1980s--both Seventh-day Adventists--went to the
Supreme Court after being fired for refusing to work on their Sabbath.
Perhaps the most notorious free exercise case, Employment Division v.
Smith, was brought by an individual. Whether these individuals won or
lost, never did the courts say the right to religious exercise was not
theirs.
The argument by some that institutions but not individuals exercise
religious freedom is mystifying for another reason. Congress enacted
the Religious Freedom Restoration Act--an act I had a lot to do with--
in 1993 to make it difficult for government to interfere with the free
exercise of religion. We saw it coming and we passed that bill 97 to 3,
and it passed unanimously in the House.
When a company went to court arguing that a Federal mandate burdened
its religious exercise, liberals objected because, they said, only
individuals may exercise religion. But now they say that only churches
exercise religion. Think about that. They argued at one time that only
individuals may exercise religion, and now they are saying only
churches can. Which is it--churches, individuals, or, as some would
have it, none of the above?
The Supreme Court also contributed to this false narrative in its
recent marriage decision by saying that the First Amendment protects
religious organizations and persons, as they advocate or teach
principles that are important to them. But that is not what the First
Amendment says, nor does that describe its full meaning. Advocating or
teaching would be protected under the First Amendment's free speech
clause. The First Amendment separately protects the free exercise of
religion, which includes much more.
The current debates over social and cultural changes, including same-
sex marriage and prohibiting discrimination based on sexual orientation
and gender identity, must take proper account of the history,
importance, and value of religious freedom. This is not a new concern.
The Becket Fund for Religious Liberty, for example, had a
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conference on this topic 10 years ago. Scholars on both sides of the
same-sex marriage issue agreed that legislating same-sex marriage
without robust religious accommodations would create widespread legal
conflict. In 2009, a group of leading scholars wrote the New Jersey
Legislature, which was considering a bill to legalize same-sex
marriage, outlining such conflicts for both individuals and
organizations.
I believe the best way forward is clear. Religious freedom should be
properly accommodated rather than ignored, disparaged, or distorted, as
some would do. Those acting on their religious beliefs about marriage,
for example, should not face government retaliation or discrimination.
And statutes prohibiting discrimination should include robust religious
exemptions. Doing so expands rights and protections on one side without
diminishing or eliminating them on the other. I supported the
Employment Non-Discrimination Act last Congress, for example, because
it took this balanced approach. And my State of Utah similarly enacted
a law that both protects against discrimination and protects the
exercise of religion.
Government should not be in the business of retaliating against
people because of their religious beliefs. This is true when
individuals worship privately as well as when they gather together in
religious organizations or associations. When government retaliates
against a person or a group for acting in accordance with deeply held
religious beliefs, it undermines religious freedom and sends the
message that the opinions of government officials trump rights of
conscience. It tells worshippers that their right to religious
exercise--far from being fundamental--exists at the pleasure of the
State. That is precisely the view that James Madison, the primary
author of the Bill of Rights, rejected.
Government retaliation further tells the believer that he or she is
disfavored; the believer's views are out of bounds; they have no place
in our modern, advanced age. This view of government as the supreme
arbiter of faith and morality is contrary to the vision of our
Founders. It is contrary to the First Amendment. It is contrary to the
line of cases that culminated in the Supreme Court's recent marriage
decision. Religion-based restrictions on intimate conduct, the Court
said, must be struck down because moral disapproval cannot form the
basis of law. How ironic it would be if the very principle that
underlay the victory over traditional marriage were suddenly cast aside
in the effort to enforce the new morality.
When government tells religious believers that they must conform to
current State creeds or lose out on contracts, licenses, accreditation,
funding, and other benefits, it puts them in an extremely difficult and
indeed sometimes impossible position--either violate your beliefs or
forgo something which others have ready access to and which you may
need to carry out your mission.
Government should not be in the business of coercing citizens to
condone conduct their sincerely held religious beliefs forbid; rather,
government should allow space for the free exercise of religion. Surely
we can work to end discrimination without retaliating against religious
groups and schools for following practices they all agree are rooted in
sincere religious belief. Surely there is space in antidiscrimination
laws, such as the one recently introduced here in the Senate, for
religious exemptions for religiously affiliated groups, schools, and
organizations.
My point today is that religious freedom is not optional. It is a
fundamental human right that is central to our existence and identity
as a nation, and it is the backdrop against which the current debates
about social and cultural changes must proceed.
Finally, I wish to ask my colleagues what principles would attract
the support of the following: Republican and Democratic Presidents; the
chairman of People for the American Way; the president of Focus on the
Family; the chairman of the U.S. Chamber of Commerce; the president of
the AFL-CIO; leaders of the faith communities, including Jews,
Catholics, Mormons, Muslims, Baptists, Seventh-day Adventists, and
Buddhists; and the chairmen of both the Democratic and Republican
National Committees? Can anyone think of anything that can bring all of
those people together? What could they possibly agree on that would
really mean anything? These and many more leaders of government,
academia, faith communities, business, law, and minority groups all
signed the Williamsburg Charter. This document was first presented to
the Nation on June 25, 1988, on the 200th anniversary of Virginia's
call for a Bill of Rights to be added to the Constitution.
The charter presents certain first principles that are in the shared
interest of all Americans. These include that religious freedom is a
precious, fundamental right and an inalienable right founded on the
inviolable dignity of the person. These are the Williamsburg Charter's
principles about religious freedom--a precious, fundamental, and
inalienable right founded on the inviolable dignity of the person; that
it is our Nation's first liberty and undergirds all other rights and
freedoms secured by the Bill of Rights; and that it allows citizens to
shape their lives, whether private or public, on the basis of their
beliefs. If these leaders who differ in so many ways and disagree on so
many issues could agree on these principles, we should certainly be
able to incorporate them into current debates.
The signers of the Williamsburg Charter said that ``the ignorance and
contention now surrounding the [Constitution's religion] clauses are a
reminder that their advocacy and defense is a task for each succeeding
generation.'' I could not agree more.
President Reagan said it best:
Freedom is never more than one generation away from
extinction. We didn't pass it to our children in the
bloodstream. It must be fought for, protected, and handed on
for them to do the same.
I personally believe we can rise to that challenge. I think we must
rise to that challenge.
Religious freedom is the first mentioned freedom in the Bill of
Rights. Frankly, it is time to get back to the constitutional
principles that have made this country the greatest country in the
world, and we can do it without violating other people's rights.
Some desire to reduce religious rights in favor of other people's
rights. Well, we don't have to hurt other people's rights by
acknowledging and accepting the fact that religious freedom is an
absolute necessity for a great society such as ours and has been an
undergirding principle that has helped make this country the greatest
country in the world.
Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Tillis). Without objection, it is so
ordered.
____________________