[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.

[[Page S5567]]

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.

[[Page S5568]]

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.

[[Page S5569]]

     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

[[Page S5586]]

     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

[[Page S5587]]

     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

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     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

[[Page S5637]]

     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

[[Page S5666]]

       (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--

[[Page S5667]]

       (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

[[Page S5676]]

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.

[[Page S5677]]

  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.

[[Page S5678]]

  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:

[[Page S5679]]

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

[[Page S5680]]

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.

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